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Is it the Health Records Act or the FOI Act that applies to the records of health service providers employed in a public hospital that carry on a private practice on the same premises?

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Is it the Health Records Act or the FOI Act that applies to the records of health service providers employed in a public hospital that carry on a private practice on the same premises?

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If the health service provider within the public hospital sees the individual, and the record belongs to the hospital, then the FOI Act applies for requests to access that record. If the health service provider carries out private practice in rooms on the same premises, but keeps separate records, then the Health Records Act applies for requests for access to those records.

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