PHIPA DECISION 270

A doctor requested records from the Ontario Medical Association’s Physician Health Program (OMA PHP). She had previously been referred to that program by her hospital employer and participated in its assessment services. The OMA PHP denied access to records of interviews with an identified individual, stating that granting access to this could result in risk of harm to another person. The OMA PHP also denied access to a draft report, on the basis that it was an independent medical evaluation, and therefore not a record of personal health information.
In this decision, the adjudicator finds that the complainant does not have a right of access to the records of the interviews, as these are not primarily dedicated to the complainant’s personal health information. She finds that the draft PHP report is a record of the complainant’s personal health information that she should be granted access to. The adjudicator also finds that the OMA PHP performed a reasonable search for records responsive to the complainant’s request.