Standard of Practice: Privacy and Confidentiality

Patient Outcome

The patient’s personal health information, privacy and confidentiality are securely protected.

Registered Massage Therapist Outcome

The Registered Massage Therapist/Massage Therapist (RMT/MT) always maintains privacy and confidentiality of patients and the patient’s personal health information.

Requirements

The RMT/MT must:

1. Comply with the Personal Health Information Protection Act, 2004 (PHIPA).
2. Understand that the rules governing consent to decisions involving the collection, use and disclosure of personal health information are found in PHIPA and are different from the rules governing consent to treatment found in the Health Care Consent Act, 1996 (HCCA) (see also the Standard of Practice: Consent).
3. Ensure that for consent to be valid under PHIPA related to the collection, access, use or disclosure of personal health information under PHIPA, RMTs/MTs must:
   1. Ensure that the patient has provided consent, and knows the purpose of the collection, use or disclosure,
   2. Recognize that the patient may give, withhold, or withdraw consent;
   3. Not obtain consent through deception or coercion.
   4. Obtain the patient’s consent before disclosing personal health information to a person outside the patient’s circle of care; and
   5. Rely on the patient’s implied consent to disclose personal health information within the patient’s circle of care for healthcare purposes, unless the RMT/MT has reasons to believe that the patient has expressly withheld or withdrawn consent to do so.
4. Obtain consent from the patient’s substitute decision-maker for the collection, use or disclosure of personal health information if the patient is incapable.
5. Only discuss the patient’s personal health information in a way that ensures the patient’s privacy (for example, avoid treatment-related conversations in non-private places) (see also the Standard of Practice: Collecting Personal Health Information from Patients).
6. Use any electronic communication, social media, patient booking and management software and other forms of digital technology ethically and professionally, and in a way that protects the confidentiality of patient information.
7. Store, share, transfer, and dispose of patient data on personal devices in a way that maintains the confidentiality of patient information.
8. Comply with the PHIPA requirements for mandatory reporting of privacy breaches.
9. Disable all audio, video or photographic transmitting and recording functions of all devices in the room, unless:
   1. the RMT/MT obtains informed consent for the use of audio, video or photographic recording equipment; and
   2. the recording functions are for assessment, treatment and/or educational purposes only.

Bolded terms are found in the Glossary.