S-4.2 - Act respecting health services and social services

Section 19.2 Disposition versions

2022-09-22

19.2. The director of professional services of an institution or, if there is no such director, the executive director may authorize a professional or a researcher attached to a public body to examine the record of a user or obtain communication of all or part of such a record for study, teaching or research purposes.

Before granting such authorization, the director must, however, ascertain that it is consistent with sections 67.2.1 to 67.2.3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1). If the director is of the opinion that the project of the professional or of the researcher attached to a public body is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization.

The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional or the authorized researcher attached to a public body is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics and scientific integrity.

For the purposes of this Act, a researcher is attached to a public body in the cases described in paragraph 2 of section 2.2 of the Act respecting the Institut de la statistique du Québec (chapter I-13.011).

1999, c. 45, s. 2; 2005, c. 32, s. 4; 2021, c. 15, s. 78; 2021, c. 25, s. 170.

2021-06-02

19.2. The director of professional services of an institution or, if there is no such director, the executive director may authorize a professional or a researcher attached to a public body to examine the record of a user or obtain communication of all or part of such a record for study, teaching or research purposes.

Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) are satisfied. If the director is of the opinion that the project of the professional or of the researcher attached to a public body is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization.

The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional or the authorized researcher attached to a public body is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics and scientific integrity.

For the purposes of this Act, a researcher is attached to a public body in the cases described in paragraph 2 of section 2.2 of the Act respecting the Institut de la statistique du Québec (chapter I-13.011).

1999, c. 45, s. 2; 2005, c. 32, s. 4; 2021, c. 15, s. 78.

2005-11-30

19.2. The director of professional services of an institution or, if there is no such director, the executive director may authorize a professional to examine the record of a user for study, teaching or research purposes.

Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) are satisfied. If the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization.

The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics and scientific integrity.

1999, c. 45, s. 2; 2005, c. 32, s. 4.

2000-01-01

19.2. Notwithstanding section 19, the director of professional services of an institution or, if there is no such director, the executive director may authorize a professional to examine the record of a user for study, teaching or research purposes without the user’s consent.

Before granting such authorization, the director must, however, ascertain that the criteria determined under section 125 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) are satisfied. If the director is of the opinion that the professional’s project is not in compliance with generally accepted standards of ethics or scientific integrity, the director must refuse to grant the authorization.

The authorization must be granted for a limited period and may be subject to conditions. It may be revoked at any time if the director has reason to believe that the authorized professional is violating the confidentiality of the information obtained or is not complying with the conditions imposed or with generally accepted standards of ethics and scientific integrity.

1999, c. 45, s. 2.