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Bill 5, The Mental Health Amendment and The Personal Health Information Amendment Act

The following is important information from MB Health about amendments to the Mental Health Act and the Personal Health Information Act regarding disclosure without consent:

 

Subject: Bill 5, The Mental Health Amendment and The Personal Health Information Amendment Act

I am writing to advise you that Bill 5, The Mental Health Amendment and The Personal Health Information Amendment Act received Royal Assent on June 3, 2019 and is now in force.
The Bill includes amendments to both The Mental Health Act and The Personal Health Information Act.  The Bill amended clause 36(2)(e) of The Mental Health Act as follows:
 

36(2) The medical director of a facility in which a clinical record is maintained may disclose information in the record without the patient's consent or consent on the patient's behalf under subsection (1), if the disclosure is …

(e) to any person, if the medical director reasonably believes that the disclosure is necessary to prevent or lessen

(i) a risk of harm to the health or safety of a minor, or

(ii) a serious and immediate threat  risk of serious harm to the mental or physical health or the safety of the patient or another person;  …

 

The Bill amended clause 22(2)(b) of The Personal Health Information Act as follows:

22(2)       A trustee may disclose personal health information without the consent of the individual the information is about if the disclosure is …

(b) to any person, if the trustee reasonably believes that the disclosure is necessary to prevent or lessen

(i)  a risk of harm to the health or safety of a minor

(ii) a serious and immediate threat risk of serious harm to the health or safety of the individual the information is about or another individual, or to public health or public safety; …

 

A copy of the Bill can be accessed through the following link:  http://web2.gov.mb.ca/bills/41-4/b005e.php  

 

Regards,

Donna Hill

Executive Director
Legislative Unit
Manitoba Health, Seniors and Active Living
300 Carlton Street
Winnipeg Manitoba R3B 3M9