P-9.0001, r. 1 - Regulation respecting access authorizations and the duration of use of information held in a health information bank in a clinical domain

Updated to 15 December 2022

This document has official status.

chapter P-9.0001, r. 1

Regulation respecting access authorizations and the duration of use of information held in a health information bank in a clinical domain

Act respecting the sharing of certain health information

(chapter P-9.0001, ss. 70, 72, 110 and 121).

DIVISION 0.1 OTHER PERSONS WHO MAY BE ACCESS AUTHORIZATION MANAGERS

M.O. 2018-016, s. 1.

0.1. In addition to the persons referred to in section 65 of the Act respecting the sharing of certain health information (chapter P-9.0001), the following persons may be access authorization managers:

(1)  a professional practising in a private health facility referred to in section 2 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1);

(2)  the holder of a general medical imaging laboratory or a medical diagnostic radiology laboratory permit where a provider listed in paragraph 7 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information practises;

(3)  a person designated by the chief executive officer of Transplant Québec;

(4)  a person designated by the operations director of the Laboratoire de santé publique du Québec or the scientific director of the Centre de toxicologie du Québec, which are administered by the Institut national de santé publique du Québec;

(4.1)  a person designated by the operator of a private seniors’ residence referred to in section 346.0.1 of the Act respecting health services and social services (chapter S-4.2) in the case of a natural person or, in any other case, by the officer exercising the highest authority within that operator;

(4.2)  a person designated by the officer exercising the highest authority in a palliative care hospice within the meaning of the Act respecting end-of-life care (chapter S-32.0001);

(4.3)  a person designated by the executive director of Corporation d’urgences-santé;

(4.4)  a person designated by the holder of an ambulance service permit issued in accordance with the Act respecting pre-hospital emergency services (chapter S-6.2);

(5)  a person operating a pharmacist placement agency and who has a supervisory or managerial power towards pharmacists who have a status of employee of that agency.

For the purposes of this Regulation, “pharmacist placement agency” means an enterprise whose activities consist in providing pharmacist placement or temporary help services to pharmacies the owner of which is a pharmacist subject to the application of an agreement described in section 19 of the Health Insurance Act (chapter A-29).

M.O. 2018-016, s. 1; M.O. 2021-030, s. 1; M.O. 2022-041, s. 1.

DIVISION I ACCESS AUTHORIZATIONS THAT MAY BE ASSIGNED TO A PROVIDER

1. Access authorizations may be assigned to a physician referred to in paragraph 1 or 2 of section 69 of the Act or in paragraph 12 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the physician to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to

(1)  release any electronic prescription for medication written by that provider to the operations manager of the electronic prescription management system for medication; and

(2)  receive such information of prescriptions held in that system.

The same access authorizations may be assigned to the following persons:

(1)  the holder of a registration certificate in medicine referred to in paragraph 12.1 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information;

(2)  the holder of a training card referred to in paragraph 9 of section 69 of the Act or in paragraph 12.2 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information;

(3)  the holder of an authorization referred to in paragraph 10 of section 69 of the Act.

M.O. 2013-03, s. 1; M.O. 2018-016, s. 2; M.O. 2021-030, s. 2; M.O. 2022-041, s. 2.

2. Access authorizations may be assigned to a pharmacist referred to in paragraph 3 or 4 of section 69 of the Act or in paragraph 11 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the pharmacist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to

(1)  release any electronic prescription for medication written by that provider to the operations manager of the electronic prescription management system for medication;

(2)  receive such information of prescriptions held in that system; and

(3)  retrieve prescriptions held in that system.

The same access authorizations may be assigned to a pharmacy resident or a pharmacy intern referred to in paragraph 11 or 12 of section 69 of the Act.

M.O. 2013-03, s. 2; M.O. 2018-016, s. 3; M.O. 2022-041, s. 3.

3. Access authorizations may be assigned to a nurse referred to in paragraph 5 of section 69 of the Act to enable the nurse to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may be assigned to such a provider with the legal authority to prescribe medications to enable the provider to

(1)  release any electronic prescription for medication written by that provider to the operations manager of the electronic prescription management system for medication; and

(2)  receive such information of prescriptions held in that system.

The same access authorizations may be assigned to a nurse practising in a private health facility referred to in section 2 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P‑9.0001, r. 0.1), a community pharmacy, a private seniors’ residence or a palliative care hospice.

The access authorizations referred to in the first paragraph may be assigned to a nurse practising at Transplant Québec.

M.O. 2013-03, s. 3; M.O. 2021-030, s. 3; M.O. 2022-041, s. 4.

4. Access authorizations may be assigned to a nursing assistant referred to in paragraph 6 of section 69 of the Act or in paragraph 10.1 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the nursing assistant to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

M.O. 2013-03, s. 4; M.O. 2021-030, s. 4; M.O. 2022-041, s. 5.

5. Access authorizations may be assigned to a midwife referred to in paragraph 7 of section 69 of the Act to enable the midwife to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to

(1)  release any electronic prescription for medication written by that provider to the operations manager of the electronic prescription management system for medication; and

(2)  receive such information of prescriptions held in that system.

M.O. 2013-03, s. 5; M.O. 2021-030, s. 4.

6. Access authorizations may be assigned to a biochemist or microbiologist referred to in paragraph 8 of section 69 of the Act to enable the biochemist or microbiologist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the hospitalization domain.

M.O. 2013-03, s. 6; M.O. 2021-030, s. 5.

7. Access authorizations may be assigned to a person providing technical support services to a physician and referred to in paragraph 13 of section 69 of the Act to enable the person to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

M.O. 2013-03, s. 7; M.O. 2021-030, s. 4.

8. Access authorizations may be assigned to a person providing technical support services to a pharmacist and referred to in paragraph 14 of section 69 of the Act to enable the person to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to

(1)  receive information of prescriptions held in the electronic prescription management system for medication; and

(2)  retrieve prescriptions held in that system.

M.O. 2013-03, s. 8; M.O. 2021-030, s. 4.

9. Access authorizations may be assigned to a medical archivist referred to in paragraph 15 of section 69 of the Act to enable the medical archivist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

M.O. 2013-03, s. 9; M.O. 2021-030, s. 4.

9.1. An inspector, an investigator or a syndic referred to in section 192 of the Professional Code (chapter C-26) acting for the Collège des médecins du Québec or for the Ordre des pharmaciens du Québec may be assigned access authorizations allowing them to receive health information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Such a provider may also be assigned access authorizations allowing the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2018-016, s. 4.

9.2. Access authorizations may be assigned to a dentist referred to in paragraph 1 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the dentist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to

(1)  release any electronic prescription for medication written by that provider to the operations manager of the electronic prescription management system for medication; and

(2)  receive such information of prescriptions held in that system.

The same access authorizations may be assigned to a dental medicine resident referred to in paragraph 1.1 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information.

M.O. 2021-030, s. 6; M.O. 2022-041, s. 6.

9.2.1. Access authorizations may be assigned to a dental hygienist referred to in paragraph 1.2 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the dental hygienist to receive information held in the health information banks in the medication domain.

M.O. 2022-041, s. 7.

9.3. Access authorizations may be assigned to a dietitian or a nutritionist referred to in paragraph 2 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the dietitian or nutritionist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may be assigned to such a provider with the legal authority to prescribe medications to enable the provider to

(1)  release any electronic prescription for medication written by that provider to the operations manager of the electronic prescription management system for medication; and

(2)  receive such information of prescriptions held in that system.

M.O. 2021-030, s. 6; M.O. 2022-041, s. 8.

9.4. Access authorizations may be assigned to a physiotherapist referred to in paragraph 3 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the physiotherapist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2021-030, s. 6.

9.5. Access authorizations may be assigned to a physiotherapy technologist referred to in paragraph 4 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the therapist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2021-030, s. 6; M.O. 2022-041, s. 9.

9.6. Access authorizations may be assigned to a respiratory therapist referred to in paragraph 5 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the therapist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive such information of prescriptions held in the electronic prescription management system for medication or, where the provider has the legal authority to prescribe medications, to release any electronic prescription for medication written by that provider to the operations manager of the management system.

M.O. 2021-030, s. 6; M.O. 2022-041, s. 10.

9.7. Access authorizations may be assigned to an occupational therapist referred to in paragraph 6 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the therapist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2021-030, s. 6.

9.8. Access authorizations may be assigned to a medical imaging technologist, a radiation oncology technologist or a medical electrophysiology technologist referred to in paragraph 7 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the technologist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

M.O. 2021-030, s. 6.

9.9. Access authorizations may be assigned to a laboratory technologist referred to in paragraph 8 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the technologist to receive information held in the health information banks in the laboratory domain.

M.O. 2021-030, s. 6.

9.10. Access authorizations may be assigned to a social worker referred to in paragraph 9 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the social worker to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2021-030, s. 6.

9.11. Access authorizations may be assigned to a podiatrist referred to in paragraph 14 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the podiatrist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to

(1)  release to the operations manager of the electronic prescription management system for medication every electronic prescription for medication written by that provider; and

(2)  receive information of prescriptions held in that system.

M.O. 2022-041, s. 11.

9.12. Access authorizations may be assigned to a professional technologist referred to in paragraph 15 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the professional technologist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2022-041, s. 11.

9.13. Access authorizations may be assigned to a psychologist referred to in paragraph 16 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the psychologist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2022-041, s. 11.

9.14. Access authorizations may be assigned to a psychoeducator referred to in paragraph 17 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the psychoeducator to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2022-041, s. 11.

9.15. Access authorizations may be assigned to an ambulance technician referred to in paragraph 18 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the ambulance technician to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to receive information of prescriptions held in the electronic prescription management system for medication.

M.O. 2022-041, s. 11.

9.16. Access authorizations may be assigned to a chiropractor referred to in paragraph 19 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the chiropractor to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

M.O. 2022-041, s. 11.

9.17. Access authorizations may be assigned to an optometrist referred to in paragraph 20 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable the optometrist to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Access authorizations may also be assigned to such a provider to enable the provider to

(1)  release to the operations manager of the electronic prescription management system for medication every electronic prescription for medication written by that provider; and

(2)  receive information of prescriptions held in that system.

M.O. 2022-041, s. 11.

9.18. Access authorizations may be assigned to an audiologist or a speech language pathologist referred to in paragraph 21 of section 6 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) to enable them to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

M.O. 2022-041, s. 11.

10. The access authorizations that may be assigned to the providers referred to in this Division are so assigned in accordance with the terms and conditions provided for in the Act.

M.O. 2013-03, s. 10.

DIVISION II ACCESS AUTHORIZATIONS THAT MAY BE ASSIGNED TO A BODY

11. Access authorizations may be assigned to an institution governed by the Act respecting health services and social services (chapter S-4.2) to enable the body to release information to the operations manager of a health information bank in the following clinical domains:

(1)  the medication domain, provided that the institution operates a centre where a pharmacist practises;

(2)  the laboratory domain, provided that the institution operates a medical biology laboratory or requests that a laboratory analysis be produced by the laboratory of Héma-Québec, the laboratory of the Centre de toxicologie du Québec or the Laboratoire de santé publique du Québec;

(3)  the medical imaging domain, provided that the institution operates a centre in which a clinical medical imaging department is set up;

(4)  the hospitalization domain, provided that the institution operates a hospital centre.

Access authorizations may be assigned to such a body to enable the body to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

Such access authorizations may be assigned to the Cree Board of Health and Social Services of James Bay established under the Act respecting health services and social services for Cree Native persons (chapter S-5), on the same conditions.

M.O. 2013-03, s. 11; S.Q. 2017, c. 21, s. 97; M.O. 2018-016, s. 5.

12. Access authorizations may be assigned to persons or partnerships operating a community pharmacy to enable them to release information to the operations manager of a health information bank in the medication domain.

Access authorizations may be assigned to such a body to enable the body to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

M.O. 2013-03, s. 12; M.O. 2018-016, s. 6.

13. Access authorizations may be assigned to persons or partnerships operating a medical biology laboratory, within the meaning of the Regulation respecting the application of the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2, r. 1), to enable them to release information to the operations manager of a health information bank in the laboratory domain.

M.O. 2013-03, s. 13.

14. Access authorizations may be assigned to persons or partnerships operating a medical imaging laboratory or a medical diagnostic radiology laboratory, within the meaning, respectively, of the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2) and the Regulation respecting the application of the Act respecting medical laboratories and organ and tissue conservation (chapter L-0.2, r. 1), to enable them to release information to the operations manager of a health information bank in the medical imaging domain.

M.O. 2013-03, s. 14.

15. Access authorizations may be assigned to persons or partnerships operating a private physician’s office, a private health facility referred to in section 2 of the Regulation respecting the application of the Act respecting the sharing of certain health information (chapter P-9.0001, r. 0.1) or a specialized medical centre referred to in section 333.1 of the Act respecting health services and social services (chapter S-4.2) to enable them to receive information held in the health information banks in the following clinical domains:

(1)  the medication domain;

(2)  the laboratory domain;

(3)  the medical imaging domain;

(4)  the hospitalization domain.

M.O. 2013-03, s. 15; M.O. 2018-016, s. 7; M.O. 2021-030, s. 7; M.O. 2022-041, s. 12.

16. (Revoked).

M.O. 2013-03, s. 16; S.Q. 2017, c. 21, s. 98; M.O. 2018-016, s. 8.

17. Access authorizations may be assigned to a body to enable the body to receive information held in the health information banks in a clinical domain only if an authorized provider performs his or her duties within that domain.

M.O. 2013-03, s. 17.

18. Access authorizations that may be assigned to the bodies referred to in this Division are so assigned in accordance with the terms and conditions provided for in the Act.

M.O. 2013-03, s. 18.

DIVISION III DURATION OF USE

19. Health information held in a health information bank in a clinical domain is used for a 7-year period from the time it is received by the operations manager of that information bank, except for the medication domain for which the period is calculated as of the date of the last event entered in the prescription history.

M.O. 2013-03, s. 19; M.O. 2018-016, s. 9; M.O. 2021-030, s. 8.

DIVISION IV COMING INTO FORCE

20. (Omitted).

M.O. 2013-03, s. 20.

REFERENCES

M.O. 2013-03, 2013 G.O. 2, 1201

S.Q. 2017, c. 21, ss. 97 and 98

M.O. 2018-016, 2018 G.O. 2, 5035

M.O. 2021-030, 2021 G.O. 2, 1629

M.O. 2022-041, 2022 G.O. 2, 3912