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Medical Non Disclosure Agreement
"I need a Medical Non-Disclosure Agreement for my Vancouver-based medical clinic to use with our external IT service providers who will have access to our patient records starting March 2025; must include specific provisions for electronic health records and remote access security."
1. Parties: Identification of the disclosing party (healthcare provider/institution) and receiving party, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing medical information
3. Definitions: Detailed definitions including Confidential Information, Personal Health Information, Security Standards, Authorized Personnel, and other key terms
4. Scope of Confidential Information: Specific types of medical and health information covered by the agreement, including patient data, treatment protocols, and research information
5. Compliance with Privacy Laws: Acknowledgment and compliance requirements with PIPEDA and applicable provincial health privacy legislation
6. Obligations of Receiving Party: Specific duties regarding information handling, storage, security measures, and access restrictions
7. Security Measures: Required technical and organizational security measures for protecting medical information
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and patient consent
9. Breach Notification: Procedures for reporting and handling privacy breaches or unauthorized disclosures
10. Return or Destruction of Information: Requirements for returning or destroying confidential information upon agreement termination
11. Term and Termination: Duration of the agreement and conditions for termination
12. Remedies: Legal remedies available in case of breach, including injunctive relief
13. General Provisions: Standard clauses including governing law, jurisdiction, and amendment procedures
1. Data Transfer Outside Canada: Required when confidential information may be transferred or accessed outside Canada
2. Subcontractors: Terms for allowing and managing third-party access to confidential information
3. Insurance Requirements: Specific insurance obligations for cyber liability and data breach coverage
4. Audit Rights: Provisions for auditing compliance with security and privacy requirements
5. Research Use: Special provisions for use of confidential information in medical research
6. Electronic Health Records: Specific provisions for handling electronic health records and systems
7. Patient Consent Procedures: Detailed procedures for obtaining and managing patient consent
8. Professional Standards Compliance: Additional requirements for compliance with professional medical standards
1. Schedule A - Types of Confidential Information: Detailed list of specific types of medical and health information covered
2. Schedule B - Security Standards: Technical and organizational security requirements and protocols
3. Schedule C - Authorized Personnel: List of personnel authorized to access confidential information
4. Schedule D - Data Handling Procedures: Specific procedures for handling different types of medical data
5. Appendix 1 - Privacy Breach Response Protocol: Detailed procedures for responding to privacy breaches
6. Appendix 2 - Consent Forms: Standard forms for obtaining patient consent
7. Appendix 3 - Compliance Checklist: Checklist for ensuring compliance with privacy requirements
Authors
Authorized Personnel
Breach of Confidentiality
Business Day
Confidential Information
Disclosing Party
Effective Date
Electronic Health Records
Health Care
Health Information
Personal Health Information
Personal Information
Protected Health Information
Receiving Party
Representatives
Security Standards
Sensitive Information
Term
Third Party
Affiliated Entities
Applicable Privacy Laws
Clinical Data
Consent
Data Protection Measures
De-identified Information
Healthcare Provider
Medical Records
Patient
Privacy Breach
Professional Standards
Research Data
Security Incident
Treatment Information
Unauthorized Access
Permitted Purpose
Confidentiality Period
Data Subject
Derivative Works
Emergency Circumstances
Health Care Operations
Privacy Compliance
Data Protection
Information Security
Access Rights
Use Restrictions
Disclosure Requirements
Breach Notification
Return of Information
Destruction of Data
Term and Termination
Survival
Remedies
Indemnification
Liability
Force Majeure
Assignment
Patient Consent
Regulatory Compliance
Security Standards
Audit Rights
Insurance
Cross-Border Transfer
Emergency Access
Intellectual Property
Dispute Resolution
Governing Law
Amendment
Severability
Entire Agreement
Healthcare
Medical Research
Pharmaceuticals
Biotechnology
Healthcare Technology
Medical Devices
Clinical Trials
Healthcare Education
Healthcare Insurance
Telemedicine
Laboratory Services
Healthcare Consulting
Medical Software
Healthcare Data Management
Legal
Compliance
Information Technology
Medical Records
Research and Development
Clinical Operations
Data Security
Privacy
Healthcare Administration
Quality Assurance
Medical Affairs
Information Systems
Risk Management
Clinical Research
Operations
Medical Director
Healthcare Privacy Officer
Clinical Research Coordinator
Healthcare Administrator
Medical Records Manager
Healthcare IT Manager
Medical Software Developer
Healthcare Compliance Officer
Medical Device Representative
Healthcare Consultant
Clinical Trial Manager
Medical Data Analyst
Healthcare Operations Manager
Medical Research Director
Healthcare Security Officer
Medical Training Coordinator
Healthcare Project Manager
Medical Systems Administrator
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