E-HIS Terms and Conditions
Please read these E-HIS Terms and Conditions carefully. They are a legal agreement between you (the “User” or “you“) and Heidi Watson, operating as “Canadian Electronic Health Information System” (the “Service Provider“). By using E-HIS, you agree to be bound by these E-HIS Terms and Conditions, including all amendments made from time to time. If you do not agree to these E-HIS Terms and Conditions, do not use E-HIS.
The Electronic Health Information System application (“E-HIS“) is intended to create a secure platform for allied health professionals including, but not limited to, physiotherapists, occupational therapists, massage therapists, respiratory therapists, speech language pathologists, psychiatrists, social workers, and nurses to store personal and personal health information, access resources, and collaborate with other allied health professionals for the purpose of running a private healthcare practice and providing health services to clients.
These E-HIS Terms and Conditions govern your access to and use of E-HIS.
The E-HIS Terms and Conditions were last updated on January 27, 2017.
- Role of Information Management Service Providers and Trustee Accountability
The Service Provider acts as an information management service provider to the User with respect to the services provided through E-HIS. Responsibility for the personal and personal health information transmitted through E-HIS remains at all times with you. For greater certainty, the Service Provider assumes no ownership in, nor custody or control of, the personal and personal health information transmitted or stored using the E-HIS application.
You are responsible for obtaining and managing consent from each individual client prior to storing or disclosing his or her personal health information in E-HIS. You are required to meet the obligations under applicable health privacy laws (ex. The Health Information Protection Act (Saskatchewan)) including, for greater certainty, the general duties of a trustee under HIPA set out in Schedule “A” hereto), as well as any bylaws or other ethical guidelines established by your applicable regulatory body (ex. The Saskatchewan Society of Occupational Therapists).
- Access by Licensed Allied Health Professionals
E-HIS is intended to be used by licensed allied health professionals only. Accordingly, by using E-HIS, you certify that you are a licensed allied health professional in good standing with the applicable regulatory body in the jurisdiction of your practice.
- Use of E-HIS
You may use E-HIS for the purpose of running your private healthcare practice and providing or supporting care to individual clients. You may not use E-HIS for any other purpose. You are not permitted to make any commercial or derivative use of E-HIS, or to use any data mining, robots, or similar data gathering and extraction methods with respect to E-HIS or the information, resources, templates or other content contained therein.
- Entering Information in E-HIS
E-HIS allows you to enter information into the application and is highly customizable to meet your needs as an allied health professional. You are responsible for all information that you enter into E-HIS and all choices on how the information is used and displayed within E-HIS. The Service Provider does not verify, check or monitor the information within E-HIS.
- Single Patient Record
It is the intention of the Service Provider to create a single patient record for each client within E-HIS. Accordingly, your client records will form part of the overall patient record, as will the client records of other users. You agree to access and store personal and personal health information within E-HIS on a need-to-know basis in accordance with applicable privacy laws and ethical standards and guidelines. Further, you agree to comply with the applicable security requirements of E-HIS, including completing the access description chart (inputting a valid reason for access to and use of the personal and personal health information) prior to accessing any patient record which was generated by another user.
Where personal or personal health information is of a particularly sensitive nature, at the client’s request, or at any other time in your discretion as a healthcare provider, you may choose the lockbox chart setting available in E-HIS which will prevent access to your client records by any other user unless you have authorized such user to have access.
It is important to note that individuals have the right under applicable health privacy legislation to prevent access by any or all healthcare providers to his or her single patient record. Accordingly, it is your duty to inform your clients regarding your use of E-HIS and to allow clients to request that their records be protected by the lockbox chart setting (and to update such setting as required from time to time upon request from an individual client).
- Medical Information and Other Content
In addition to providing a platform for client record management, E-HIS provides an open community board where allied health professionals may discuss and consult on practice development and related matters with other E-HIS allied health professionals, as well as share and collaborate on clients’ treatment and care. You acknowledge that personal and personal health information may be released or disclosed in the course of such communications and agree that you are solely responsible for your use and disclosure of such information and compliance with the applicable privacy law and ethical requirements.
The Service Provider does not create and has no responsibility for the medical information or other content that may be available through your use of E-HIS. Further, the Service Provider does not verify, check or monitor the information sent or received by allied health professionals within E-HIS. You agree that your use of E-HIS is at your sole risk.
E-HIS is provided on an ‘as is’ basis without representations, warranties or conditions of any kind. You agree that the Service Provider is not liable in any way for the reliability, validity, accuracy, completeness, integrity, quality and timeliness of any medical information, business resources or other content available through E-HIS, and that your use or non-use of, and your reliance or non-reliance on, any such medical information, business resources or other content is at your own risk.
- Registration Information, User IDs and Passwords
Please see the E-HIS Privacy and Security Policy.
You are entirely responsible for all usage or activity on E-HIS by users using your ID or password, including but not limited to, use of your password by any third party. The Service Provider will not be responsible for any unauthorized use of your user ID or password.
- Termination of Access to E-HIS
The Service Provider may, in its sole discretion, terminate or suspend your access to all or any part of E-HIS at any time, with or without notice, for any reason, including, without limitation, breach of these E-HIS Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of E-HIS or access to E-HIS by others, may be grounds for termination of your access to all or part of E-HIS at the sole discretion of the Service Provider.
Termination of your E-HIS access includes deletion of your user ID, password and all related registration information and all files associated with your account or user profile, including all client records. On termination, the Service Provider will make arrangements with you to return any files associated with your account or user profile at your sole cost.
You remain in control of and responsible for all personal and personal health information and client records associated with your account or user profile in E-HIS. In the event that there is no activity on your E-HIS account for a period of one year, or you have not made arrangements for the return of your records within a reasonable period of time following termination of your use of E-HIS, the Service Provider reserves the right to transfer the files associated with your account to the applicable regulatory body and/or a designated archive. Accordingly, if you are on an extended leave of absence, it is important that you advise the Service Provider of such leave and the duration thereof at the address set out below.
- Intellectual Property Rights
The Service Provider owns the intellectual property rights in the E-HIS application including, without limitation, all rights in source code, object code, data structures, modules, objects, user interfaces, design documents, test plans and scripts, technical specifications, and operating procedures, as well as any manuals, templates, practice resources and other user documents prepared by the Service Provider. As a user, you retain any intellectual property rights you may have in any manuals, templates, practice resources and other documents you have prepared and made available in E-HIS.
Except as otherwise provided herein, nothing in these E-HIS Terms and Conditions vest or transfer any intellectual property rights in or to you and any use, alteration, or replication of any of the Service Provider’s intellectual property is a violation of these E-HIS Terms and Conditions and applicable Canadian and international intellectual property laws. You agree to not take any action to jeopardize, limit or interfere with the Service Provider’s intellectual property rights.
Certain materials or information available to you through E-HIS or through links to third party websites may be subject to third party intellectual property rights. All such intellectual property rights are and shall remain the property of their respective owners or creators (as the case may be). You acknowledge and agree that the Service Provider is not responsible for the accuracy, completeness or content provided by or on behalf of third parties.
Canadian Electronic Health Information System and E-HIS are the trademarks and service marks of the Service Provider. All other trademarks, service marks and logos used in this application are the trademarks, service marks, or logos of their respective owners. Nothing in E-HIS or on the Service Provider’s website should be construed as granting any license or right to use any trademark, service mark, or logo displayed without the express written permission of the Service Provider or the third party that may own the trademark, service mark, or logo.
- Privacy and Security
By agreeing to these E-HIS Terms and Conditions, you are also agreeing to the Service Provider’s E-HIS Privacy and Security Policy. The Privacy and Security Policy should be reviewed prior to accessing and using E-HIS.
- Representations and Warranties
The Service Provider makes no representations, warranties or covenants to any person or entity with respect to E-HIS. The Service Provider does not give any warranties, guarantees, representations or conditions, whether express, implied, statutory or otherwise (including, without limitation, any warranty as to the accuracy, completeness, currency, or suitability of the information delivered as part of the E-HIS, third party information, materials or content, fitness for a particular purpose, compliance with any description, or non-infringement of third party rights) with respect to E-HIS and all such warranties are hereby disclaimed to the maximum extent permitted by applicable law.
You agree that the international conventions concerning the sale of goods (ex. The International Sale Of Goods Act (Saskatchewan)) shall not apply to these E-HIS Terms and Conditions or the provision of any products and services by the Service Provider.
The Service Provider does not guarantee that E-HIS will be provided or available without interruption or error free. E-HIS is delivered through third-party network services providers and you understand that there may be service disruptions or outages.
- Limitation of Liability and Indemnity
To the maximum extent permitted by applicable law, the Service Provider, its agents, assigns, employees, contractors, consultants, and service providers and their respective successors and assigns shall not be liable to you or any third party for any direct, indirect, special, incidental, punitive, or consequential damages whatsoever incurred through the use of E-HIS. The Service Provider is not responsible for any use of E-HIS by you or any third party, loss of profit, loss of revenue, loss of reputation, or for any business interruption arising out of or in any way related to these E-HIS Terms and Conditions, your use of, or inability to use, E-HIS. The Service Provider is not responsible for any information, website content or materials made available by or on behalf of third parties whether referenced in E-HIS or otherwise accessible over the internet.
The aggregate liability of the Service Provider in connection with these E-HIS Terms and Conditions, your use of E-HIS or any other circumstance giving rise to liability shall be limited to direct damages arising out of the bad faith, willful misconduct or gross negligence of the Service Provider.
You agree to defend, indemnify, and hold harmless the Service Provider, its agents, assigns, employees, contractors, consultants, and service providers and their respective successors and assigns, from and against any and all claims, demands, actions, proceedings, liabilities, judgments, penalties whether civil or criminal, taxes, and all costs, liabilities and expenses (including, without limitation, reasonable legal fees on a solicitor client basis) arising out of or relating to your use of E-HIS, or that may be incurred by the Service Provider arising out of, or relating to, your violation of these E-HIS Terms and Conditions, the misuse or illegal use of E-HIS, or any violation by you of applicable law or rights of any third parties (including intellectual property rights), the failure of you to comply with applicable laws and regulations, or your gross negligence or willful misconduct.
- Governing Law and Jurisdiction
These E-HIS Terms and Conditions and any transactions contemplated by these E-HIS Terms and Conditions shall, in all respects, be construed according to, and the rights and liabilities of the parties shall in all respects be governed exclusively by, the laws of the Province of Saskatchewan without reference to the rules of conflicts of law. Any dispute between you and the Service Provider regarding these E-HIS Terms and Conditions shall be determined by final and binding arbitration in Saskatchewan, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in Saskatchewan on the date of the notice of arbitration. For greater certainty, you agree to waive any right you may have to commence or participate in any class action against the Service Provider and, where applicable, you also agree to opt out of any class proceedings against the Service Provider.
You should also be aware that anonymous technical information may be collected by the Service Provider through your use of E-HIS or as a result of a visit to the Service Provider’s website. For example, this information may include your IP address, browser type, operating system, access times and information about the way you use E-HIS. The Service Provider may use this anonymous technical information to track usage patterns for purposes such as improving the user experience and operation and content of the E-HIS application, and compiling aggregate and statistical information. The Service Provider reserves the right to disclose such aggregate information to third parties.
- Changes to the E-HIS Terms and Conditions
The Service Provider may modify these E-HIS Terms and Conditions from time to time. If you do not agree to any modifications, you should stop your use of E-HIS. Your continued use of E-HIS now, or following the posting of notice of any changes in these E-HIS Terms and Conditions, will constitute a binding acceptance by you of these E-HIS Terms and Conditions, and any subsequent modifications. You can review the most current version of these E-HIS Terms and Conditions at any time at: [Insert link to webpage where these Terms and Conditions will be available.]
Should you have any questions concerning these E-HIS Terms and Conditions, please contact the Service Provider:
Canadian Electronic Health Information System
Attention: Heidi Watson
Phone: [Insert phone number to be used]
Email: [Insert email address to be used]
SCHEDULE “A” – General Duties Under HIPA
The general duties of a trustee under The Health Information Protection Act (Saskatchewan) (“HIPA”) include, without limitation, the following:
- To appoint a person to be responsible for privacy and to follow the accountability recommendations set out by the Office of the Saskatchewan Information and Privacy Commissioner (“OIPC“) on its website (http://www.oipc.sk.ca/);
- To take all reasonable steps to comply with a revocation of consent promptly after receiving the revocation (section 7 of HIPA);
- To take reasonable steps to inform individuals of the anticipated uses and disclosures of their personal health information and to establish policies and procedures that provide information regarding the rights of individuals under HIPA (section 9 of HIPA);
- To take reasonable steps to ensure that the trustee is able to inform an individual about any disclosure of that individual’s personal health information made without the consent of that individual (section 10 of HIPA);
- To establish policies and procedures to maintain administrative, technical and physical safeguards that will:
- protect the integrity, accuracy and confidentiality of personal health information in its custody and control;
- protect against any reasonably anticipated threat or hazard to the security or integrity of, loss of, or unauthorized use, disclosure or modification of personal health information in its custody and control; or
- otherwise ensure compliance with HIPA by its employees (section 16 of HIPA);
- To take reasonable steps to ensure that personal health information collected by it is accurate and complete (section 19 of HIPA);
- To limit collection, use and disclosure of personal health information on a need-to-know basis (section 23 of HIPA); and
- To ensure that it has the consent (express or implied) of the subject individual to the collection and use of their personal health information.
Please see the OIPC website (http://www.oipc.sk.ca/) for further tips on compliance with HIPA.
© 2017 MLT Aikins LLP Version 1.0