Every OAMHP member who is in independent practice should be aware of the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Health Care Consent Act. Everyone who has a private, independent practice will need to have the following documents on file:

• A full privacy policy, and an appointed privacy officer (usually the practitioner herself or himself);
• A brochure or outline of the information contained in this document which is to be handed out to clients. This information needs to on to them in "user-friendly" language; and.
• A confidentiality agreement, signed by the client, indicating that they have read, understood and have agreed to the contents.

If you are in independent practice and employ staff or hire consultants, you must have similar such documents for them as well.

If you work for an agency, an EAP provider, a community health centre, or a similar organization, it is likely that the organization has its own privacy policy in place. You should check to make sure you are aware of the contents, and that the clients you are seeing on their behalf have access to an information brochure.

There are ten principles contained in this legislation and you need to be able to document how you are responding to each principle.

Your client brochure should also contain an explanation of the Federal government's position with respect to businesses (in this case, practices) conducting commercial activities, and point out how you are responding to PIPEDA to ensure the confidentiality and privacy of your clients and your staff.

Applicable Canadian privacy legislation has been in place since January 1, 2004. As a mental health professional, it is essential that you have a privacy policy in place that includes:

1. A user-friendly client brochure; and,
2. A confidentiality agreement.