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Sept. 22 — A chiropractor lacked the authority to collect the registration information of clients of massage therapists who were tenants in his office because he didn't obtain their informed consent, the Saskatchewan Information and Privacy Commissioner said in a decision released Sept. 22.
The office ruled in Investigation Report 161-2015, which is dated Sept. 16, that the chiropractor didn't have adequate safeguards in place to protect the personal health information of the massage therapists' clients.
It recommended that: (1) the chiropractor develop records care and control policies; (2) the provincial minister of health amend the Saskatchewan Health Information Protection Act regulations so that massage therapists would qualify as health information trustees; and (3) the Chiropractors' Association of Saskatchewan advise members to ensure they have adequate information sharing agreements and record retention and disposition schedules in place.
The privacy regulator recommended the chiropractor in the present case to ensure he had the express informed consent of all current and future clients of massage therapists whose personal health information is collected.
The commissioner further recommended the chiropractor to enter into adequate information sharing agreements with associate chiropractors and massage therapists that work in his clinic, and that he create a record retention and destruction schedule for all personal health information under his custody or control.
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Full text of Investigation Report 161-2015 is available at http://op.bna.com/pl.nsf/r?Open=dapn-a2lmps.
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