Un projet de loi de la N.-脡. sur l'acc猫s aux donn茅es des patients serait trop large

Dr. Colin Audain, right, president of Doctors Nova Scotia and the organization鈥檚 CEO Nancy McCready-Williams, left, appear before the Nova Scotia legislature鈥檚 law amendments committee in Halifax on Monday, March, 25, 2024. The provincial government is proposing a legislative change that would give the health minister access to personal health information to plan and manage the health system. THE CANADIAN PRESS/Keith Doucette

HALIFAX - Lives could be put at risk if the Nova Scotia government doesn't maintain limits on who can access sensitive medical information about patients, a sexual assault survivor told a legislature committee on Monday.

Carrie Smith, of Digby, N.S., spoke out against a change in legislation she believes is too broad in giving the province access to patient health information.

鈥淭he public needs to have trust to receive safe health care from providers,鈥 said Smith, whose voice broke at times with emotion. 鈥淭hey also need privacy.鈥

A change included in an omnibus bill that amends 15 provincial acts, including the Personal Health Information Act, would give the health minister access to personal medical information for 鈥渢he purposes of planning and management of the health system, resource allocation and creating or maintaining electronic health record programs and services.鈥

Smith, along with the heads of two doctors' organizations in the province, told the law amendments committee that the bill could be improved to increase safeguards on privacy. But despite the warnings, no new changes were adopted Monday by the government majority on the committee, which sent the legislation back to the legislature for further debate and final reading.

Smith said trust is essential for assault survivors to seek treatment. Survivors, she added, could lose confidence in the health-care system if they know they won't be consulted about the release of their medical records.

鈥淕iving custodians access to detailed patient records without patient consent should not be a best practice,鈥 she said. 鈥淭he loss of trust could make it very difficult for doctors and nurses to treat future patients.鈥

The public has a right to expect that details, especially about mental-health diagnoses and trauma, be kept confidential between doctors, nurses and therapists 鈥渦nless required by law to save a life," Smith said.

"Health care needs to be safe and I do believe this could put many lives at risk.鈥

Health Minister Michelle Thompson has said the government doesn鈥檛 need individual information but wants aggregate data about how patients are using the health system.

However, Dr. Gus Grant, registrar and CEO of the College of Physicians & Surgeons of Nova Scotia, told the committee that the language of the bill should be clarified to ensure the information gathered can鈥檛 be identified to an individual patient. The bill as proposed 鈥渟trikes at the heart鈥 of the doctor-patient relationship, he said, adding that there should be limits on the extent of the information disclosed and on who has access to it.

鈥淩ight now, the language says the minister may access personal health information which by definition is identifiable to the individual,鈥 he said.

Doctors Nova Scotia, which represents more than 3,500 physicians, said the province has committed to establishing a data governance framework, and setting up a committee to oversee how the information is accessed and used. The organization鈥檚 president, Dr. Colin Audain, told the committee the government鈥檚 plan to access information is 鈥渨ell intentioned.鈥

鈥淲e feel through adequate safeguards we can protect the confidentiality inherent in the therapeutic relationship between a physician and patient,鈥 Audain said.

But he also proposed an amendment that would commit future governments to the same privacy protections.

鈥淲e would like to see greater protection within the legislation to ensure the legacy of this government鈥檚 intentions and the safeguards that will be in place will be honoured in the future,鈥 Audain said.

This report by 春色直播was first published March 25, 2024.

The 春色直播 Press. All rights reserved.

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