PHIPA Agent Agreement for Therapy Scribe

Last Updated: 10th April 2025

This PHIPA Agent Agreement ("Agreement") is between you (the "Health Information Custodian" or "HIC") and Therapy Scribe ("Agent", "we", "our", or "us"). By using our services to process personal health information ("PHI"), you agree to the terms below.

“Personal Health Information” (PHI) has the meaning set out in section 4(1) of the Personal Health Information Protection Act, 2004 (Ontario).

1. Purpose

Therapy Scribe provides software services to support clinical documentation and communication, including transcription, drafted referrals, reports, and emails from uploaded audio recordings. These files are uploaded securely by healthcare professionals and are immediately deleted after processing.

Agent Responsibilities: As your agent, we will collect, use, and disclose PHI only on your behalf and under your direction, and only as necessary to fulfill our obligations to you under this Agreement.

2. Compliance with PHIPA

We agree to comply with Ontario’s Personal Health Information Protection Act, 2004 (PHIPA) when handling PHI on your behalf.

3. Safeguards

We will implement appropriate administrative, technical, and physical safeguards to protect PHI, including encryption, access controls, and secure data storage.

4. Use and Disclosure

We will only use or disclose PHI as necessary to provide our services and as directed by you, the HIC.

5. Breach Notification

In the event of any unauthorized access, use, or disclosure of PHI, we will notify you promptly and cooperate fully in any required reporting or investigation.

6. Retention and Destruction

We will retain PHI only as long as necessary for service delivery and will securely destroy or return PHI at your request, or within a reasonable period following termination. Session-related data (such as documentation drafts, transcriptions, referrals, and reports) is automatically deleted after 30 days unless otherwise required by law.

7. Subcontractors

Any subcontractors we use that access PHI will be bound by agreements requiring PHIPA compliance and will only process PHI to the extent necessary.

8. Governing Law

This Agreement shall be governed by the laws of Ontario, Canada.

By using our services as a Health Information Custodian in Ontario, you acknowledge and agree to the terms of this PHIPA Agent Agreement.