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FEATURES OF THE QUALITY OF CARE INFORMATION
PROTECTION ACT, 2004 (Schedule B)
The Quality of Care Information Protection Act, 2004 includes provisions dealing with
information collected by or prepared for a quality of care committee established by a
health facility, including a hospital, or other entity prescribed by the regulations, or by an
‘umbrella’ body. Quality of care committees must meet the prescribed requirements
and carry on activities for the purpose of studying, assessing or evaluating the provision
of health care with a view to further improving the quality of health care or competence
of persons who provide health care [s.1].
The Act prohibits the disclosure of quality of care information, a defined term under the
Act, except in limited circumstances. Quality of care information includes information
collected by or prepared for such a committee solely or primarily for quality of care
purposes. Certain information is excluded from the definition of quality of care
information, such as information contained in a record that a health facility maintains for
the purpose of providing health care, and facts relating to incidents unless also
contained in health care records that are not protected under this Act [s.1]. The Act
prohibits the disclosure of quality of care information in proceedings [s. 5]. The term
"proceeding" is defined and includes a proceeding that is within the jurisdiction of the
Legislature and that is held in, before or under the rules of a court, a tribunal, a
commission, a justice of the peace, a coroner, or a committee of a College within the
meaning of the Regulated Health Professions Act, 1991 or within the meaning of the
Social Work and Social Service Work Act, 1998 [s. 1]. Disclosures outside proceedings
are permitted within the facility for the purpose of improving care, and for the purpose of
avoiding a significant risk of serious bodily harm to any person [s. 3, 4]. It is an offence
under the Act to disclose quality of care information in contravention of the Act [s. 7].
This approach reflects the public interest in promoting thorough reviews of patient care.
The Act provides for an open regulation making process similar to that set out in the
Personal Health Information Protection Act, 2004 (Schedule A) [s. 10]. The Act also
amends Schedule 2 to the Regulated Health Professions Act, 1991 to provide
comparable protection in respect of quality assurance information collected by a
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College’s Quality Assurance Committee. The Act comes into force on November 1,
2004 [s. 11].
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