Client Record Ownership and Transfer Rules for Chiropractors in Ontario

Client records are one of the most sensitive and regulated aspects of chiropractic practice in Ontario. Chiropractors must comply with the recordkeeping and retention requirements of the College of Chiropractors of Ontario, as well as the Personal Health Information Protection Act. Understanding who owns the records, who controls them, and how they can be transferred is essential for chiropractors working in clinics, operating as associates, or transitioning into independent practice.

Misunderstandings about record ownership often result in disputes between chiropractors and clinic owners. These disputes create risk for regulatory complaints, client care disruptions, and legal liability. This article provides a detailed explanation of how client records must be managed, who owns them, and how they can be transferred legally and ethically.

What Counts as a Client Record

A chiropractic client record includes any information collected in connection with the provision of care. This includes:

• Intake forms

• Clinical notes

• SOAP notes

• Diagnostic assessments

• Treatment plans

• Progress notes

• Informed consent documentation

• Communication with clients

• Reports shared with insurance providers

• Records related to third party claim management

Client records also include electronic formats, email communications, imaging files, and information collected through clinic software platforms.

Who Owns the Client Record

Under Ontario law, the chiropractor who provides the care is professionally responsible for the accuracy, security, and completeness of the record. However, ownership can depend on the practice structure.

If the chiropractor is a clinic owner

The chiropractor owns and controls the records, even if other chiropractors work within the clinic.

If the chiropractor is an associate or contractor

This is the area where many disputes occur. In most cases:

• The clinic owner owns the records.

• The associate chiropractor is responsible for creating and maintaining proper clinical documentation.

• The associate does not have the right to take records when leaving the clinic.

Even if associates bring their own patients to a clinic, the records remain connected to the clinic’s practice environment unless there is a written agreement stating otherwise.

If multiple chiropractors contribute to the same client file

The clinic owner typically retains ownership, but each chiropractor remains professionally responsible for the notes they personally create.

Record ownership must always be clarified in the associate agreement to avoid conflict.

Regulatory Expectations from the CCO

The College of Chiropractors of Ontario requires that:

• Client records must be accurate, complete, and up to date.

• The chiropractor responsible for providing care is responsible for the content of the record.

• Records must be retained for at least ten years after the last client interaction.

• Records for minors must be retained for ten years after the client reaches eighteen.

• Records must be stored securely, with physical and electronic safeguards.

• Clients have the legal right to access their records upon request.

Chiropractors who move clinics, retire, or sell their practices must ensure proper transfer procedures to maintain continuity of care.

Transferring Client Records When an Associate Leaves a Clinic: When an associate chiropractor leaves a clinic, they cannot automatically take client records. Records are not personal property. They are regulated documents. Clinics must follow PHIPA and CCO rules to avoid breaches.

A proper transfer must consider:

Client Consent: Records can only be transferred if the client explicitly consents to the new provider holding and managing the record. Consent may be written or documented verbally in accordance with PHIPA requirements.

Clinic Ownership: Even with consent, the clinic owner may require that copies be provided rather than allowing the original record to leave the facility. This should be clarified in the associate agreement.

Continuity of Care: If a client chooses to follow the departing chiropractor, the clinic must take reasonable steps to support the transition. This may include:

• Providing a copy of the record

• Communicating with the chiropractor about current treatment plans

• Ensuring the client’s file remains intact and complete

Fees for Copying Records: Clinics may charge a reasonable fee for copying records, consistent with PHIPA and CCO guidelines.

Documentation of the Transfer: The transfer must be documented in the client record and within the clinic’s records management system.

Associates who take records without client consent or without proper authorization risk regulatory discipline and legal consequences.

Transferring Records When a Clinic is Sold

When a chiropractic practice is sold, the client records form part of the transaction. However, the new owner cannot simply assume full access. A transition plan must be created to ensure:

• The security of the records

• Proper notification to clients

• Documentation of ownership transfer

• Compliance with PHIPA and CCO requirements

Clients must be informed that ownership of their records has changed. They must also be given the option to continue with the clinic or request transfer to another provider.

Electronic Records and Cloud-Based Systems

Many chiropractors use electronic medical record platforms. When transitioning practices, chiropractors must ensure that:

• The EMR licensing agreement allows transfer or export

• Data remains secure during migration

• Access permissions and passwords are updated

• Backups are retained in case of system failure

The chiropractor responsible for the record must ensure compliance, even if the clinic uses third party software.

Preventing Record Disputes Through Clear Contracts

Most record ownership disputes arise because the associate agreement is unclear or incomplete. A properly drafted agreement should clarify:

• Who owns the client records

• Who controls access

• What happens when an associate leaves

• Whether copies can be taken

• Who pays copying fees

• How consent will be obtained

• How EMR data is accessed and transferred

Without clear terms, the clinic risks regulatory complaints, loss of clients, and breaches of privacy law.

Book a Consultation

If your clinic requires support drafting an associate agreement, managing record ownership, or handling the transfer of client records, you can Book a Consultation.