O.C. 263/2010

A.R. 118/2010

July 14, 2010


            The Lieutenant Governor in Council makes the Alberta Electronic Health Record Regulation set out in the attached Appendix.

For Information only

Recommended by:            Minister of Health and Wellness

Authority:                             Health Information Act
                                                (section 56.8)


APPENDIX

Health Information Act

ALBERTA ELECTRONIC HEALTH RECORD REGULATION

Table of Contents

                1       Definitions

                2       Designation of information manager

                3       Eligibility requirements to become an authorized custodian

                4       Prescribed health information

                5       Manner in which prescribed health information must be made accessible by regulated health professional

                6       Logging capacity required

                7       Audit of information logs

                8       Expiry

                9       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Health Information Act;

                                 (b)    “electronic health record information system” means the system used by an authorized custodian to collect, use and disclose health information about an individual.

Designation of information manager

2   The Department is designated the information manager of the Alberta EHR.

Eligibility requirements to become an authorized custodian

3(1)  For the purposes of section 56.1(b)(ii) of the Act, the eligibility requirements that a custodian must meet in order to become an authorized custodian are as follows:

                                 (a)    the custodian must establish or adopt policies and procedures in accordance with section 63 of the Act;

                                 (b)    the custodian must prepare and submit to the Commissioner a privacy impact assessment in accordance with section 64 of the Act;

                                 (c)    the custodian must complete a Provincial Organizational Readiness Assessment established by the Department or meet any security requirements established by the Department, as directed by the Department;

                                 (d)    the custodian must enter into an Information Manager Agreement with the Department;

                                 (e)    the custodian must obtain approval for access to the Alberta EHR from the Department;

                                  (f)    subject to subsection (2), in the case of a custodian who is a regulated health professional, the health professional body of which the custodian is a member must have in place within 12 months after the coming into force of this Regulation standards of practice respecting

                                           (i)    the management of information in records, and

                                          (ii)    the management of electronic records, including, without limitation, standards respecting the protection, privacy and security of electronic records.

(2)  Subsection (1)(f) does not apply in respect of a custodian who meets the requirements set out in subsection (1)(a) to (e) within 12 months from the coming into force of this Regulation.

(3)  Despite subsections (1) and (2), any custodian who immediately before the coming into force of this Regulation was a participating custodian as defined in the Information Exchange Protocol under Alberta Netcare is an authorized custodian.

Prescribed health information

4   For the purposes of section 56.1(c) of the Act, prescribed health information in respect of an individual includes

                                 (a)    personal demographic information that uniquely identifies the individual,

                                 (b)    information that uniquely identifies health service providers who provide health services to the individual,

                                 (c)    information about where health services are performed on and delivered to the individual,

                                 (d)    information about key clinical events at the point of care in respect of the individual,

                                 (e)    known allergies and intolerances of the individual,

                                  (f)    immunizations of the individual,

                                 (g)    prescription information in respect of the individual,

                                 (h)    dispensing information relating to prescriptions in respect of the individual,

                                  (i)    drug‑to‑drug interaction alerts in respect of the individual,

                                  (j)    laboratory test results of the individual,

                                 (k)    diagnostic imaging reports and tests of the individual,

                                  (l)    diagnostic imaging digital images of the individual, and

                                (m)    other medical reports of the individual.

Manner in which prescribed health information must be made accessible by regulated health professional

5   For the purposes of section 56.3(1) of the Act, a regulated health professional must make prescribed health information accessible to authorized custodians via the Alberta EHR in accordance with the written directions issued by

                                 (a)    the health professional body of which the regulated health professional is a member, or

                                 (b)    the Minister.

Logging capacity required

6(1)  A custodian must ensure its electronic health record information system creates and maintains logs containing the following information:

                                 (a)    user identification and application identification associated with an access;

                                 (b)    name of user and application that performs an access;

                                 (c)    role or job functions of user who performs an access;

                                 (d)    date of an access;

                                 (e)    time of an access;

                                  (f)    actions performed by a user during an access, including, without limitation, creating, viewing, editing and deleting information;

                                 (g)    name of facility or organization at which an access is performed;

                                 (h)    display screen number or reference;

                                  (i)    personal health number of the individual in respect of whom an access is performed;

                                  (j)    name of the individual in respect of whom an access is performed;

                                 (k)    any other information required by the Minister.

(2)  This section applies only to electronic health record information systems established after the coming into force of this section.

Audit of information logs

7   The information manager of the Alberta EHR shall conduct an audit each month of the information logs of the Alberta EHR.

Expiry

8   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2015.

Coming into force

9   This Regulation comes into force on the coming into force of section 20 of the Health Information Amendment Act, 2009.