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College of Physicians and Surgeons of Prince Edward Island

Regulating MDs:  The Complaint Process, Discipline,
and Screening for Fitness to Practice

Policy on Publication of Suspension of License

Any license suspension or revocation whether interim or permanent, whether a result of discipline, a result of non payment of fees, or for any other reason, shall be made public by an ad in the newspapers, and notification to the Pharmacy Board, the Government, and other medical regulatory authorities.

Application for Registration

In the application, all questions in the Personal Information section are mandatory. A written explanation is required for all affirmative answers. The complete list has 20 questions, which cluster into these main topics:

  • Drug and alcohol abuse  (4 questions)
  • Other reasons for being impaired or unfit to practice medicine  (3 questions)
  • Subject of a formal complaint to a medical licensing authority  (3 questions)
  • Sued for negligence, now or in the past  (1 question)
  • Criminal conviction or sexual behavior disorder  (2 questions)
  • Ever voluntarily discontinue the practice of medicine  (1 question)
  • License ever refused or suspended  (6 questions)

Health Record Privacy and Amendment

Provincial and Federal Legislation

Federal
Level
PIPEDA Personal Information Protection and Electronic Documents Act
This privacy law covers private-sector commercial organizations, including medical clinics and physicians in private practice.
Privacy Act Privacy Act
This privacy law relates to an individual's right to access and correct personal information the Government of Canada holds about them.
Provincial
Level
HIPA Health Information Protection Act
This legislation, locally enacted by each province, governs the trustees of health records.

The federal PIPEDA law governs private-sector organizations engaged in commercial activities across Canada. It sets down clear rules for how these organizations may collect, use, or disclose personal information, and guarantees concrete avenues for amending flawed information. PIPEDA applies to medical clinics and physicians in private practice.

Some provinces have HIPA legislation that, on inspection, is deemed substantially similar to the health-records subset of PIPEDA.  An organization that operates solely within such a province will be exempt from PIPEDA, unless the personal information crosses provincial or national borders.

But more than half the provinces and territories have HIPA legislation which is not substantially similar to PIPEDA. In such provinces, an application to PIPEDA may succeed.

Prince Edward Island is a non-compliant province – its local HIPA legislation offers less protection for health records, and reveals less respect for patients, than the more farsighted PIPEDA. Compliance oversight belongs to the Office of the Privacy Commissioner of Canada.

Georgena S. Sil
Saskatoon, Canada
Physicist & Technical Writer
Alumnus: University of British Columbia
TuumEstContact@protonmail.com
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