The Standard of Practice: Record Keeping, which was updated on September 8, provides direction to Registered Massage Therapists/Massage Therapists (RMTs/MTs) on how to meet their *record keeping requirements which includes consent regarding releasing records to insurers and other third parties. RMTs/MTs must continue to obtain consent before releasing a patient’s personal health information, but consent can now be obtained verbally or in writing.

When obtaining consent, RMTs/MTs must meet the expectations for “express consent” as defined in the Personal Health Information Protection Act, 2004 (PHIPA). This means that a patient clearly agrees with the specific disclosure of their personal health information such as what personal health information will be shared, who will receive it, and why their information is being disclosed. Once express consent is provided, RMTs/MTs must document both the expressed consent and the details of the request from the third party in the patient’s health record.

The following is an example that helps illustrate how express consent can be obtained and documented in practice.

Practice Scenario: 

Ryan, an RMT/MT, receives an email request from an insurer for a copy of a patient’s health record to support an insurance claim. Ryan is aware of the obligation to obtain consent and contacts the patient to discuss the request and describes the specific information the insurer is asking for, the name of the insurance agent who is making the request, and the reasons for the request given by the insurer. The patient confirms that they understand what will be shared and gives verbal consent to release the records. Ryan documents the conversation and the patient’s verbal consent in the health record, including the details of the disclosure before providing the records to the insurer.

For more information about express consent, RMTs/MTs can review Standard of Practice: Record Keeping or contact the College of Massage Therapists of Ontario’s (CMTO’s) Practice Specialist: practicespecialist@cmto.com.

*The Massage Therapy Act, 1991 (MTA) and the Personal Health Information Protection Act, 2004 (PHIPA).