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Access & disclosure · NPC advisory opinion

Police and media requests for patient information

Reference
Advisory Opinion 2018-049
Date
26 November 2018

Overview

The NPC distinguished an authorized law enforcement investigation from a general request for medical records. Police have no blanket access to a hospital chart. The opinion also found no comparable duty to disclose patient information to the media.

Practice implications

Parao Law practice guidance

For physicians

Route requests to a designated privacy or records officer. Verify the officer, the investigation and the document relied on; release only what the lawful purpose requires. Keep a record of the request and response. Refer media inquiries to an authorized spokesperson.

For lawyers

Check the legal basis and scope of a police request, including any court order, subpoena, warrant or specific reporting duty. The opinion addresses different rules for basic personal information and sensitive health information. Do not treat section 13(f) as unrestricted police access.