Confidentiality Policy

The Physician Health Program/Professionals Health Program (PHP) is a confidential service. Information and advice will be provided to any individual  – it is not a requirement that identifying information be provided to speak with the program staff. 

If provided, the name of an individual contacting the program will be recorded in accordance with the principles of the PHP Personal Health Information Privacy Policy .  If an individual is calling about a third party, no identifying information will be recorded.  The PHP clinical staff will discuss implied and expressed consent for disclosure of health information in appropriate circumstances.   

Relationship between the PHP and Regulatory Colleges

While the PHP provides services to physicians, veterinarians and pharmacists that may resolve issues with their respective regulatory colleges, no direct communication occurs with any Ontario regulatory college unless the consent of the individual has been obtained or the PHP is fulfilling a mandatory reporting requirement as outlined below: 

Relationship between the PHP the Ontario Medical Association (OMA)

Although the PHP is fully funded by the Ontario Medical Association, the program is separated from the business of the Association.  The PHP offices are physically separate from other OMA services and the operational support is provided within the program itself.  The confidentiality of all PHP clients is maintained through careful and ongoing consideration of our clients needs.     

Exceptions to the Confidentiality Policy – Mandatory Reporting Requirements

Child and Family Services Act
During the course of the intake process, or at any time during the contract of an enrolled participant, if a member of the PHP staff has "reasonable grounds to suspect that a child falls into one of 13 categories set out in subsection 72(1) of the Child and Family Services Act", the staff member must report the suspicion and the information on which it is based to a CAS immediately.

Highway Traffic Act
Every legally qualified medical practitioner is required to report to the Registrar of Motor Vehicles "the name, address and clinical condition of every person sixteen years of age or over attending upon the medical practitioner for medical services who, in the opinion of the medical practitioner, is suffering from a condition that may make it dangerous for the person to operate a motor vehicle (HTA, Section 203 (1)).

Regulated Health Professions Act, 1991
A member of the PHP staff who is governed by one of the health professional regulatory Colleges has a mandatory obligation to report information received regarding the sexual abuse of a patient by a regulated health professional, to the appropriate College of the regulated health profession, within 30 days of receipt of that information.

Health Protection and Promotion Act
PHP staff have an obligation to report information to the Medical Officer of Health should they form the opinion that a participant may have a reportable disease or the person may be infected with the agent of a communicable disease

In the event that a situation is encountered where the treating physician has not reported, it may be necessary for the PHP staff to inquire about the scope of the health professional’s practice and the precautions which are being undertaken to protect patients. In this situation, the Medical Director will be notified and the case reviewed on an expedited basis.

Duty to Warn/Inform
While there is no legislation requiring compliance with reporting requirements, physicians are expected to comply with the policy of the Council of the College of Physicians and Surgeons. A physician has an obligation to notify the police when a physician or participant reveals that he or she intends to do serious harm to another person or persons, and if he or she forms the clinical opinion that a patient’s threats of serious violence or death are more likely than not to be carried out. Legal advice should be obtained when any such situation arises and before a decision is made regarding notification.

A clinical judgment on the likelihood of a threat being carried out includes: 1) the threat is directed at a person or group, 2) there is a specific plan that is concrete and capable of commission, and 3) the method for carrying out the threat is available to the one making the threat. In the appropriate circumstances, the physician should also contact the intended victim of the threat.