Duties and responsibilities

Expectations of physicians in practice

Privacy and confidentiality

Can border agents search your mobile device?
Advice for physicians travelling across international borders and carrying devices that may contain patient information.
Why do you need to know? A balancing act for accessing personal health information
Physicians may face a privacy breach when viewing personal health information that is not required for current clinical care and without the patient’s or information custodian’s consent.
Texting safely about patient care: Strategies to minimize the risks
Text messaging offers the potential for improved communication among physicians and healthcare teams, and using it appropriately can mitigate some of the inherent risks of this channel.
Media requests: Points to consider if you are asked for an interview
Points for physicians to consider if a journalist asks for an interview.
Privacy requirements are getting stricter: What physicians need to know
An overview of changes to federal and provincial privacy laws.
Recording clinical encounters with patients: What physicians need to know
When physicians wish to record a clinical encounter, they should first obtain express consent from the patient and have in place security measures to ensure confidentiality.
When to disclose confidential information
Physicians owe patients a duty to keep their personal health information confidential, yet there are times when this conflicts with other statutory duties or with concerns for public safety.
Did you know? You need authorization to provide medical records to lawyers
Physicians may release a patient’s medical records to lawyers only with patient authorization or where required by law.
Doctors’ certificates: Real or fake?
How to respond to queries seeking to verify the authenticity of doctors’ certificates.
Using fax in your practice? Ten ways to reduce privacy risks
Suggested ways that physicians can reduce the risk of privacy breaches when using fax to communicate confidential patient information.
Using clinical photography and video for educational purposes
An exploration of privacy and consent issues when using clinical images or recordings of patients to teach medicine.
Physician interactions with police
An overview of a physician's duty to maintain confidentiality and protect the privacy of patients' personal health information in instances of disclosure requests from third parties, including the police or other authorities.
Responding to requests for children's medical records
The physician's role in providing a child's medical information to a parent.
Genetic testing — What are physicians’ options and obligations?
The increased availability of genetic testing raises a number of medico-legal questions that physicians should consider.
Providing access to independent medical examinations
Individuals have a general right to access their personal information in independent medical examination files, but there are exceptions to what must be produced
Reporting a privacy breach: What are your responsibilities?
Addressing privacy breaches has become more complex as the rules around notifying and reporting have recently changed or are about to change across the country.
Managing access to electronic health records
A discussion of the principles of access, the challenges with access, and managing the risks.
Smartphone recordings by patients: Be prepared
Physicians can take steps to mitigate the medical-legal risks of patients taking photos and making video and audio recordings during healthcare encounters.
Understanding the role of coroners and medical examiners
Physicians should understand the role of coroners and medical examiners in Canada, and how and when to provide information to them.
How to manage your medical records: Retention, access, security, storage, disposal, and transfer
An overview of the principles of retention, sharing and transferring of medical records.
Know the rules, avoid the risks: Treating family and friends
The circumstances under which physicians can treat themselves, family and friends are limited.
Protecting patient privacy when delivering care virtually
Protecting the privacy of patient information when using digital communication channels, including email, portals, and social media platforms.
Cybersecurity threats: Are you prepared?
How doctors can help protect their information technology systems from cybersecurity threats and what they should do in the event of a cybersecurity incident.
Thinking of working with virtual clinics? Consider these medical-legal issues
Professional and ethical obligations to keep in mind when considering offering medical services through online virtual clinics.

DISCLAIMER: This content is for general informational purposes and is not intended to provide specific professional medical or legal advice, nor to constitute a "standard of care" for Canadian healthcare professionals. Your use of CMPA learning resources is subject to the foregoing as well as CMPA's Terms of Use.