Investigator Access to Facilities and Charts
Investigators are appointed under section 75 of the Health Professions Procedural Code (Schedule 2 of the Regulated Health Professions Act) to investigate allegations of professional misconduct or incompetence as they pertain to a regulated health care professional. Investigators are given special powers to enter business premises and review and, if necessary, remove documents including patient charts.Right of Access and Inspection
For example, an investigator has the right to enter at any reasonable time the business premises of a physiotherapist and may examine, copy and remove anything found there relevant to the investigation. This includes equipment, documents including patient records and computerized data. It is an offence to obstruct an investigator or to withhold or conceal anything that is relevant to the investigation. Information obtained by the investigator is used solely for the purpose of the College investigation.The Health Professions Procedural Code makes quite clear that the investigator’s right of access overrides all other confidentiality provisions that may be in place. This right of access and inspection includes facilities and records maintained under any other legislation or authority including public hospitals, CCAC’s, long term care facilities and in the private sector.
Other Rights of Investigators
In addition to the basic right of access and inspection, investigators also have the following powers:
- to summons a document (e.g., a document that is not on the business premises)
- to summons a witness to be examined under oath (e.g., where the witness will not voluntarily agree to an interview with the investigator),
- to obtain a search warrant (e.g., to obtain a document kept in residential premises), and
- to copy and remove documents and things.
Personal Health Information Protection Act
The Personal Health Information Protection Act supports the investigator’s right of access. It expressly provides that the Regulated Health Professions Act is not affected by the Act and that holders of personal health information can share the information with the College without patient consent.If You Have Concerns
You have the right to ask the investigator to produce the document from the College appointing them (Notice of Appointment). You can also ask to see the photo ID for the investigator.If you are still in doubt as to the authenticity of the investigator, you may wish to contact the College and speak with a representative of the Professional Conduct team.
If you are unclear as to your duty to cooperate, the relevant sections of the legislation may be of assistance to you. Should you have further questions you may wish to speak with your own lawyer if you have one or contact the College.
Personal Health Information Protection Act
Non-application of Act
9. (2) Nothing in this Act shall be construed to interfere with,…(e) the regulatory activities of a College under the Regulated Heath Professions Act, 1991, the College under the Social Work and Social Service Work Act, 1998 or the Board under the Drugless Practitioners Act;
Disclosures related to this or other Acts
43.(1) A health information custodian may disclose personal health information about an individual,…
(b) to a College within the meaning of the Regulated Health Professions Act, 1991 for the purpose of the administration or enforcement of the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991 or an Act named in Schedule 1 to that Act;
