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In some situations, treatment providers are subject to contractual “non-compete” and “non-solicit” clauses. Other regulators may have similar expectations. Regulated health professionals such as dentists, physicians, pharmacists, naturopaths, chiropractors, optometrists, or massage therapists (among others) may have regulatory obligations imposed by their College as to keeping patients informed about their departure from a practice location, change in practice location, or other disruption in care.įor example, the College of Physicians and Surgeons of Ontario recommends that physicians who cease to practice or relocate notify all patients who have an expectation of continuity of care. The client or patient ought not to be “handcuffed” to the business. Professionals provide a personal service and establish a personal relationship with their clients, regardless of where or how the client or patient arrived at the firm or practice. …professionals, such as doctors, dentists and lawyers do not have the same proprietary right to their patients or clients as does a corporation to its customers. An Ontario Court has summarized the law on this issue as follows: Because of this, courts have been typically unwilling to see patients as mere “property” of the clinic or healthcare business.
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However, ownership of the physical or electronic chart itself belongs to the organization who created the record, for instance a healthcare clinic, hospital, or individual healthcare provider 2 SCR 138].īecause the patient owns the information contained in the patient’s medical record or medical chart, subject to narrow exceptions the patient has the right to access that information.Ĭanadian courts have repeatedly held that patients and clients who are in a professional relationship have a different status than corporate “customer lists”.
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The Supreme Court of Canada has held that the patient who owns the information contained in the patient’s medical record. We have summarized some of the most relevant information on these issues below. We believe that every healthcare provider and healthcare business should be familiar with general information about the above questions. What about non-compete and non-solicit clauses?
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What obligations does a departing treatment provider have to patients? Who has the right to access patient charts?ĭo the patients have the right to choose who they continue to receive treatment from? Our clients often ask us the following questions in the course of an initial meeting: Our firm frequently assists individual healthcare professionals and healthcare businesses who find themselves in the midst of such disputes. Typically, such disagreements arise when healthcare businesses such as clinics are dissolved or re-organized, or when treatment providers such as dentists, physicians, pharmacists, naturopaths, chiropractors, optometrists, or massage therapists (among others) leave for another employer or to set up their own practice. In the business of healthcare, it is not uncommon for conflicts to develop over the ownership of patients charts, the ownership of patient information, and the right to continue treating patients. Traditional Chinese Medicine Practitioners/Acupuncturists.Condominium Managers & Condominium Management Providers.Traditional Chinese Medicine Practitioners / Acupuncturists.
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Audiologists / Speech Language Pathologists.