When the problem is addiction or mental health, questions about the patient’s ability to make healthcare decisions is bound to come up. This is where Ontario’s privacy and consent rules come into play.

Unfortunately, the rules can be complicated and open to interpretation but it is well worth the effort to get to know the rules of engagement.

If you want to understand when and why family caregivers and health providers can and cannot share information about the patient, Questions & Answers on Patient Privacy and Consent in The Addiction and Mental Health System in Ontario has the answers. This Q&A document presents the answers to common questions. It also gives health providers and family caregivers the insight they need to get the most out of their interactions while working within the rules.

Further reading on this subject is available from The Change Foundation that will:

• Explain the legal framework that applies to caregivers and providers under Ontario’s health privacy legislation, the Personal Health Information Protection Act, 2004
• Explain the consent requirements outlined in the Health Care Consent Act, 1996
• Summarize what caregivers need to know about the legal framework to get the information they are entitled to and to support patients
• Summarize providers’ legal responsibilities about patient consent and the disclosure of information to family caregivers
• Clarify common myths and misunderstandings about how to apply privacy and consent legislation in the addiction and mental health system

Community based mental health and addiction providers will find this Addictions and Mental Health Ontario toolkit helpful. It includes templates for health providers to use in practice and offers scenario-based questions and answers to help illustrate how to apply the legislation.

The Information and Privacy Commission of Ontario provides the public with a right of access to government-held information and access to their own personal information, while ensuring that any personal information held by public institutions and health care providers will remain private and secure. To guide Ontarians and custodians in understanding their respective privacy rights and obligations, see Frequently Asked Questions, Personal Health Information Protection Act.