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Sharing of Health Information Regulations

made under Section 15 of the

Court Houses and Lockup Houses Act

R.S.N.S. 1989, c. 109

and Section 95 of the

Correctional Services Act

S.N.S. 2005, c. 37

O.I.C. 2006-286 (June 22, 2006, effective July 1, 2006), N.S. Reg. 93/2006

Citation

1     These regulations may be cited as the Sharing of Health Information Regulations.

Definitions

2     In these regulations,

 

                (a)    “facility” means a lockup, courthouse or correctional facility;

 

                (b)    “health care provider” means any health care professional, including a physician, nurse, dentist, pharmacist, employee of a community health care clinic and employee of a methadone clinic;

 

                (c)    “Health Information Transfer Form” means the form required by Section 3;

 

                (d)    “hospital” means a hospital as defined in the Hospitals Act;

 

                (e)    “person in custody” means either of the following:

 

                         (i)     a person who has been arrested or is being held on any warrant issued by a judge of the Provincial court or justice of the peace, or any process issued with respect to any criminal or penal matter,

 

                         (ii)    an offender, as defined in the Correctional Services Act;

 

                (f)    “transfer” means transfer of a person in custody to a facility, a hospital or a health care provider;

 

                (g)    “transferring officer” means any one of the following persons who is conducting a transfer:

 

                         (i)     a police officer,

 

                         (ii)    a sheriff,

 

                         (iii)   an employee of a correctional facility.

Health Information Transfer Form

3     (1)    A transferring officer must ensure that a Health Information Transfer Form accompanies the person in custody during the transfer.

 

       (2)    A Health Information Transfer Form must be

 

                (a)    in the form prescribed by the Minister of Justice and the Minister of Health for that purpose; and

 

                (b)    completed by the persons specified on the form.

 

       (3)    A completed Health Information Transfer Form must be forwarded

 

                (a)    if the transferring officer is a police officer or sheriff, to their officer in charge; or

 

                (b)    if the transferring officer is an employee of a correctional facility, to the superintendent of the correctional facility.

If Health Information Transfer Form not completed

4     (1)    Despite Section 3, if a transferring officer is unable to obtain a completed Health Information Transfer Form, the transferring officer must

 

                (a)    complete the form to the extent possible; and

 

                (b)    immediately make a written report containing

 

                         (i)     the name of the person in custody being transferred,

 

                         (ii)    the name of the facility or hospital to which the person in custody is being transferred,

 

                         (iii)   if applicable, the name of the health care provider who gave care or treatment to the person in custody during the transfer,

 

                         (iv)   a summary of the facts relating to the failure to obtain the completed Health Information Transfer Form.

 

       (2)    A transferring officer who completes a Health Information Transfer Form and makes a written report under subsection (1) must immediately forward the form and the report,

 

                (a)    if the transferring officer is a police officer or sheriff, to their officer in charge; or

 

                (b)    if the transferring officer is an employee of a correctional facility, to the superintendent of the correctional facility.

 

       (3)    A person who receives a form and report under subsection (2) must forward a copy of the form and the report to each of the Ministers of Justice and Health as soon as practicable.

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