Appendix A: Sample Contractual Terms - Definitions

These definitions define the capitalized terms used in these guidelines, and are included for clarity and as guidance only. These definitions may not be appropriate in all circumstances. Legal counsel should be consulted to advise as to whether these definitions are appropriate in each clinic’s particular circumstances.

"Applicable Laws” includes federal, provincial, or municipal laws, and any bylaws, regulations, professional standards, guidelines, or regulatory codes applicable to the Parties or any of them and for greater clarity includes any standard, guideline, or professional obligation required by the College of Physicians and Surgeons of British Columbia.

Patient” means an individual who receives health care from the Practice or one or more of the Parties and, where appropriate, includes the Patient’s legally authorized substitute decision maker under Applicable Law.

Patient Information” means information in any form that can identify a Patient and includes the Patient’s Personal Health Information.

Personal Health Information” means personal information in any form about a Patient that relates to the physical or mental health and health history of the Patient or to the provision of health care to the Patient including without limitation (i) information relating to the Patient’s eligibility for health care or health care coverage or payments, or (ii) samples from the patient’s body or bodily substances; (iii) information, reports, results, or data derived from such samples or from the testing of same, or (iv) information about the Patient’s family, or (v) any professional opinions, consultation reports, and any other information about the Patient that may be contained in the Patient’s Medical Record.

Practice” means the shared health care practice or clinic through which the Parties provide health care to Patients.

Responsible Physician” means the physician who is designated as the Patient’s most responsible physician [see the associated policy: the Responsible Physician Policy of the Practice].

Privacy Breach” means the loss or theft of Patient Information and the unauthorized access, use, disclosure, modification, or destruction of such information.

Privacy Officer” means an individual who is designated by the Practice to be accountable for protecting the privacy and security of Patient Information in the custody of the Practice

Medical Record” means the record created and maintained by the Practice that contains the comprehensive documentation of clinical care provided to the Patient.