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In Ontario, a patient attends an appointment with a physician and reveals information about some new symptoms that she has been experiencing. Based on this information, the physician diagnoses the patient with a condition and prepares the report detailing the applicable history and diagnosis. The report is added to the patient's record. The patient later regrets revealing certain facts and doesn't want anyone else to know about these symptoms or the diagnosis. She acknowledges that the information she provided was correct and does not question the diagnosis. Which of the following requests would the patient be most successful at pursuing?
Correct Answer: B
In Ontario, as well as in most jurisdictions in Canada, once a patient discloses information to a healthcare provider, the information becomes part of their health record and cannot typically be altered or deleted based on the patient's subsequent regret or preference for privacy. Under privacy laws that apply to health information in Ontario, such as the Personal Health Information Protection Act (PHIPA), a patient does not have the right to have valid medical diagnoses removed or altered in their health record. However, they can request that the disclosure of their health information be restricted to certain persons or for certain purposes. Therefore, the patient would be most successful at pursuing Option B, requesting that the information be restricted from disclosure to other healthcare providers. This is supported by Section 20 of PHIPA, which allows individuals to withhold or withdraw consent for certain uses of their information, with necessary exceptions for emergency situations or other legally mandated disclosures.
