If you have access to client health and medical information in your practice, you might be considered a custodian of health records—a role that comes with serious legal and ethical responsibilities.
Custodians are legally required to ensure that all patient health information is protected, private, and kept confidential at all times. These responsibilities are not optional; they are enforced by health privacy laws across all Canadian provinces and territories.
📜 What Does the Law Say About Health Record Custodians?
Every province and territory in Canada has its own legislation governing the management of personal health information (PHI). While the specific laws may differ slightly, they all serve the same purpose: to define who qualifies as a custodian and establish their legal duties around how PHI is collected, used, shared, stored, and eventually destroyed.
In general, custodians are required to:
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✅ Secure all personal health information in protected environments (physical and digital)
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✅ Limit collection of information to what is necessary for care or with the patient’s consent
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✅ Restrict access to authorized staff or health professionals only
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✅ Follow legal standards for disclosure, retention, and destruction of records
For more detailed guidance, the Canadian Nurses Protective Society (https://cnps.ca) offers a comprehensive overview of custodian responsibilities in healthcare.
🧑⚕️ Why This Matters to Solo Practitioners and Independent Clinics
If you run your own practice, especially as a nurse, foot care provider, or allied health professional, you are likely considered the health information custodian under provincial law. That means the security of patient data is ultimately your responsibility—even if you use third-party platforms.
As digital healthcare tools become the norm, it’s critical to understand your privacy obligations and ensure your systems comply with regulations like PHIPA (Ontario) or PIPEDA (Canada-wide).
You can learn more about how CompanyOn helps providers stay compliant with data privacy standards here: https://companyonapp.com/regulatory-compliance/
⚠️ A Legal and Ethical Responsibility
Being a custodian isn’t just about following rules—it’s about protecting the trust your patients place in you. Mishandling personal health data can lead to:
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Fines or disciplinary actions from your regulatory college
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Lawsuits or complaints
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Loss of patient trust and damage to your reputation
That’s why it’s essential to:
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Use secure, encrypted systems for charting, billing, and communication
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Educate your staff about PHI handling
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Regularly review your privacy policies and retention timelines
You can also read this article for guidance: https://companyonapp.com/ten-simple-principles-to-manage-patient-data-and-meet-legal-requirements/
🧭 Helpful Resources for Health Professionals
For province-specific guidance, consult your regulatory body:
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British Columbia College of Nurses and Midwives – https://www.bccnm.ca
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College of Nurses of Ontario – https://www.cno.org
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College and Association of Registered Nurses of Alberta – https://www.nurses.ab.ca
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College of Licensed Practical Nurses of Alberta – https://www.clpna.com
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College of Registered Nurses of Manitoba – https://www.crnm.mb.ca
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College of Licensed Practical Nurses of Manitoba – https://www.clpnm.ca
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Canadian Nurses Association – https://www.cna-aiic.ca
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Canadian Nurses Protective Society – https://cnps.ca
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Canadian Association of Foot Care Nurses – https://cafcn.ca
✅ Final Note
This information is intended to raise awareness and guide independent healthcare providers in understanding their role as custodians. However, laws evolve, and interpretation may vary. We strongly recommend consulting your legal advisor and regulatory college for full guidance.
Disclaimer: CompanyOn does not represent or speak on behalf of any regulatory body. This content is for educational purposes only.
At CompanyOn, we are committed to supporting independent practitioners with secure, compliant tools to manage their practice confidently. Learn how we protect your data here: https://companyonapp.com/regulatory-compliance/
