R-22.1 - Act respecting health and social services information

Section 2 Disposition versions

2024-07-01

2. Within the meaning of this Act, health and social services information is any information that allows a person to be identified, even indirectly, and that has any of the following characteristics:

(1)  it concerns the person’s state of physical or mental health and his or her health determinants, including the person’s medical or family history;

(2)  it concerns any material taken from the person, including biological material, collected in the context of an assessment or treatment, or any implants, ortheses, prostheses or other aids that compensate for a disability of the person;

(3)  it concerns the health services or social services provided to the person, including the nature of those services, their results, the location where they were provided and the identity of the persons or groups that provided them;

(4)  it was obtained in the exercise of a function under the Public Health Act (chapter S-2.2); or

(5)  any other characteristic determined by government regulation.

In addition, information allowing a person to be identified, such as the person’s name, date of birth, contact information or health insurance number, is health and social services information when it appears with information referred to in the first paragraph or when it is collected for registration, enrolment or admission of the person concerned at, in or to an institution or for the taking in charge of the person concerned by another health and social services body.

Despite the first and second paragraphs, information that concerns a personnel member of a health and social services body or a professional who practises his or her profession within the body, including a student or trainee, or that concerns a mandatary or a provider of services of such a body, is not health and social services information if collected for human resources management purposes.

Unless the context indicates otherwise, “information” used without a qualifier in this Act means health and social services information.

2023, c. 5, s. 2.

Not in force

Not in force

2. Within the meaning of this Act, health and social services information is any information that allows a person to be identified, even indirectly, and that has any of the following characteristics:

(1)  it concerns the person’s state of physical or mental health and his or her health determinants, including the person’s medical or family history;

(2)  it concerns any material taken from the person, including biological material, collected in the context of an assessment or treatment, or any implants, ortheses, prostheses or other aids that compensate for a disability of the person;

(3)  it concerns the health services or social services provided to the person, including the nature of those services, their results, the location where they were provided and the identity of the persons or groups that provided them;

(4)  it was obtained in the exercise of a function under the Public Health Act (chapter S-2.2); or

(5)  any other characteristic determined by government regulation.

In addition, information allowing a person to be identified, such as the person’s name, date of birth, contact information or health insurance number, is health and social services information when it appears with information referred to in the first paragraph or when it is collected for registration, enrolment or admission of the person concerned at, in or to an institution or for the taking in charge of the person concerned by another health and social services body.

Despite the first and second paragraphs, information that concerns a personnel member of a health and social services body or a professional who practises his or her profession within the body, including a student or trainee, or that concerns a mandatary or a provider of services of such a body, is not health and social services information if collected for human resources management purposes.

Unless the context indicates otherwise, “information” used without a qualifier in this Act means health and social services information.

2023, c. 5, s. 2.