Part 3 — Communicable Diseases and Public Health Emergencies
53 General Confidentiality of communicable diseases information
maintained by the Chief Medical Officer, a provincial health
agency, a provincial health corporation, a health services delivery
organization or an employee or agent acting on behalf of a
provincial health agency, provincial health corporation or health
services delivery organization that comes into existence through
anything done under this Part and that indicates that a person is or
was infected with a communicable disease shall be treated as
private and confidential in respect of the person to whom the
information relates and shall not be published, released or disclosed
in any manner that would be detrimental to the personal interest,
reputation or privacy of that person.
RSA 2000
(2) For the purposes of assessing and improving the standards of
care furnished to persons suffering from communicable diseases,
compiling statistics with respect to communicable diseases,
conducting research into communicable diseases, or for any reason
relating to communicable disease that the Chief Medical Officer
considers to be in the interest of protecting the public health, the
Chief Medical Officer may require any health practitioner to
furnish the Chief Medical Officer with the following information:
(a) a report containing the name and address of any patient of
that health practitioner who is, was or may have been
suffering from a communicable disease and a description of
the diagnostic and treatment services provided to the
patient;
(b) medical or other records, or extracts or copies of them, in
respect of that patient and in the possession of the health
practitioner.
(3) Information obtained by the Chief Medical Officer, a provincial
health agency, a provincial health corporation, a health services
delivery organization or an employee or agent acting on behalf of a
provincial health agency, provincial health corporation or health
services delivery organization pursuant to this section shall be
treated as private and confidential and, subject to subsections (4) and
(4.1), shall not be published, released or disclosed in any manner
that would be detrimental to the personal interest, reputation or
privacy of the patient.
(4) Information obtained by the Chief Medical Officer, a
provincial health agency, a provincial health corporation, a health
services delivery organization or an employee or agent acting on
behalf of a provincial health agency, provincial health corporation
or health services delivery organization may be disclosed by the
Chief Medical Officer, provincial health agency, provincial health
corporation, health services delivery organization, employee or
agent
(a) to any person when required by law;
(a.1) to any person where the Chief Medical Officer, provincial
health agency, provincial health corporation, health services
delivery organization, employee or agent believes on
reasonable grounds that the disclosure will avert or
minimize an imminent danger to the health or safety of any
person;
(b) to the person to whom the information relates or the
person's legal representative;
RSA 2000
(c) in statistical form if the person to whom it relates is not
revealed or made identifiable;
(d) repealed RSA 2000 cH-5 s123;
(e) to a person or body conducting an investigation or
disciplinary proceedings pursuant to legislation governing a
profession or occupation that is specified in the regulations
when
(i) the information is requested by the person or body in
accordance with the procedure governing the
investigation or disciplinary proceedings, and
(ii) the person to whom the information relates consents to
the disclosure.
(4.1) Information obtained by the Chief Medical Officer may be
disclosed by the Chief Medical Officer to the Government of
Canada, the government of another province or territory, the
government of a foreign country or an agency of any of those
governments for the purpose of addressing public health matters,
patient safety, quality of care or the general public interest.
(4.2) to (4.4) Repealed RSA 2000 cP-37 s77.
(5) Subsection (1) does not prohibit the disclosure of information
(a) to any person when required by law to do so,
(a.1) to any person where the Chief Medical Officer, provincial
health agency, provincial health corporation, health services
delivery organization, employee or agent believes on
reasonable grounds that the disclosure will avert or
minimize an imminent danger to the health or safety of any
person,
(b) to any person with the written consent of the Minister,
where in the Minister's opinion it is in the public interest
that the information be disclosed to that person, or of the
person to whom the information relates or the person's legal
representative, or
(c) to any person where the disclosure is necessary in the course
of the administration of this Part.
RSA 2000 cP-37 ss53,77;RSA 2000 cH-5 s123;2002 c32 s12;2007 c23 s4;
2009 c13 s4;2020 c13 s12;2021 c15 s26;2025 c10 s47(25)
53.1 to 53.4 Repealed RSA 2000 cP-37 s77.
RSA 2000