Confidential support

The Doctors Nova Scotia (DNS) Physician Support Program (PSP) is a confidential service. The purpose of this policy is to guide the collection, use and potential disclosure of personal health information of anyone accessing this service.

Protecting privacy and maintaining confidentiality is an integral part of the PSP. Nova Scotia’s Personal Health Information Act (PHIA) and its regulations outline the PSP’s duty as a custodian to protect the privacy of any personal health information collected, used and disclosed as a result of accessing PSP services.

What is personal health information?

Personal health information (PHI) is identifying information about an individual, and includes:

• demographic information, such as name, date of birth, address, phone number and email address;
• provincial health card number; and
• physical and mental health care history.

Personal health information can be recorded or unrecorded, such as a printed lab result or a conversation about a wellness plan, and continues to be protected even after death.

What information is collected?

Professional Support Program clients may be asked to share a variety of PHI with PSP providers to allow for the provision of quality service. At a minimum, this will include your name and contact information.

What is the information used for?

Any of the information collected may be used by the PSP in one of the following ways:

• for audit and record-keeping purposes;
• to manage and develop the PSP;
• to learn about the needs of current and potential clients, to develop or offer services and products tailored to those needs and to communicate with those clients regarding current and future products and services; and
• to follow up on client comments and suggestions.

When may information be disclosed?

Any of the information collected may only be disclosed by the PSP in the following circumstances:

• where a PSP user requests a copy of their record;
• in response to an order of the court;
• if the request for access to the PHI comes from an agency or individual expressly entitled by legislation to a copy of the records, such as the Workers Compensation Act;
• where PSP counsellors, the physician wellness navigator or other contracted service providers are required to according to the duty to report requirements established by their professional regulatory body and/or required by law (see appendix); including:
  • the College of Physicians and Surgeons of Nova Scotia. According to the College’s 2019 Professional Standards and Guidelines Regarding Duty to Report Health Professionals, physicians must immediately notify the College or the appropriate regulatory body upon forming reasonable grounds to believe that another physician or health professional is or may be putting patients or the profession at risk due to incompetence, professional misconduct, incapacity or conduct unbecoming. …
    The College’s approach to matters related to a physician’s health are viewed through a treatment and/or rehabilitation lens aimed at support physician wellness. Physicians with health conditions are managed independently of the complaints or discipline process wherever possible.
    
  • See also Medical Act, 2011, c.38, s.1 
    
  • Bill No. 201, An Act Respecting the Practice of Counselling Therapists, 2008. 2^nd Session, 60^th General Assembly, Nova Scotia, 2008:
    
    61 (1) A member has a duty to report to the Registrar if the member has reasonable grounds to believe that another member of the College (a) has engaged in professional misconduct, incompetence or conduct unbecoming the profession; (b) is incapacitated; or (c) is practicing in a manner that otherwise constitutes a danger to the public.
    
  • Nova Scotia College of Social Workers. (2022). Standards of Practice
    
    10.2.1 Social Workers who believe that a colleague has not taken adequate steps to address their impairment to professional practice shall take action through appropriate channels established by employers, their regulatory body or other professional organizations if there is concern for the potential harm of clients.
    
    10.2.2 Social Workers shall report to regulatory body (the NSCSW’s Board of Examination) information on the following conduct by an applicant or a Registered Social Worker that adversely affects or harms a client or prevents the effective delivery of a social service:
    • sexual contact or sexual conduct with a client or former client;
    • failure to report as required by law;
    • impairment in the ability to practice by reason of illness, use of alcohol, drugs or other chemicals, or as a result of any mental or physical condition;
    • improper or fraudulent billing practices;
      • fraud in the licensure application process or any other false statements made to the Board; and
    • where PSP counsellors, the physician wellness navigator or other contracted service providers are legally required to report by a statute such as the NS Children and Family Services Act and the Adult Protection Act.

Professional Support Program services are not billed through MSI and any PHI collected as a result of this service will not be made available to MSI.

How long do you retain my information?

For adults, PHI will be retained for 10 years past the last entry. For clients under the age of majority (19), PHI will be retained for 10 years from the time the minor reaches the age of majority.

Upon expiration of the retention period, the PHI will be permanently destroyed or de-identified.

How do we protect your information?

Doctors Nova Scotia uses appropriate security measures to protect against loss, theft, unauthorized access, disclosure, use or modification of PHI. Such measures will involve, as applicable, physical, organizational and electronic security measures, including premises security, restricted file access, technological safeguards including security software and firewalls to prevent unauthorized computer access, and password and security policies. Personal health information collected by the PSP is stored in Telus Med Access EMR and may only be accessed by the physician wellness navigator, PSP counsellors and the program administrator.

As email is not a fully secure medium, the PSP cannot guarantee the security of PHI communicated by the client in this manner.

Updating your information and correcting errors

As PHI may be relied upon to provide quality services, it is important that the information be accurate and up to date.

If there is any change to the PHI making it inaccurate or incomplete, it is the client’s responsibility to advise the PSP providers to allow for prompt correction of the PHI.

Access to your personal information

The PSP will respond promptly to any client’s request for access to their PHI. There will be no cost for reasonable requests to such access, unless the request involves copying of records or other significant retrieval costs. The PSP will provide an estimate of the cost, if any, prior to the retrieval of such records or information in accordance with PHIA. The PSP is not required to respond to requests for access to PHI that are frivolous, vexatious or repetitious.

Changes to the policy

This policy will be reviewed annually and revised as required and posted to the DNS PSP webpage.

Get more information

Please direct any questions or concerns about this policy to Nichole Elizabeth, DNS Chief Privacy Officer. Call 902-817-6617, email nichole.elizabeth@doctorsns.com or write to 25 Spectacle Lake Drive, Dartmouth, N.S. B3B 1X7.

Document history

Last updated June 12, 2024

Appendix

College of Physicians and Surgeons of Nova Scotia (2019)
Professional Standards and Guidelines Regarding Duty to Report Health Professionals

Government of Nova Scotia (2022)
Children and Family Services Act Duty to Report

Government of Nova Scotia
Medical Act, R.S.N.S., c.38, s.1 (2011)

Nova Scotia College of Counselling Therapists (2024)
Governance Documents

Nova Scotia College of Counselling Therapists (2024)
Standards documents

Nova Scotia Association of Social Workers (2008)
Canadian Association of Social Workers Code of Ethics as amended for NSASW

Nova Scotia College of Social Workers (2022)
Standards of Practice