You have the right to see your own therapy records, and you have the right to ask for corrections when something in them is wrong. Correcting errors in mental health records is a process most clients don’t know exists until they stumble across a mistake, often when records are shared with an insurer, a family doctor, or a legal proceeding. The good news: Nova Scotia law gives you a clear path to request a correction, and your therapist is legally required to respond. What that process actually looks like, where it tends to get complicated, and what to do if your request is refused are the things most guides skip over.
Why errors in mental health records happen more often than you’d expect
Mental health records are not like a lab result with a single number that is either right or wrong. They contain clinical observations, session summaries, diagnostic impressions, and sometimes information you shared verbally that got written down imprecisely. Errors creep in for ordinary reasons: a therapist mishears a date, confuses details from two clients with similar presentations, or records a preliminary impression that was later revised but never updated in the file. Sometimes a client’s name is spelled wrong, or a medication listed is one they stopped taking years ago.
The more consequential errors tend to involve diagnostic language. A note that describes a client as having “a history of psychosis” when the client experienced a single episode of sleep deprivation-related hallucinations in their twenties can follow them through the health system for decades. Similarly, a record that attributes a symptom to substance use when the client had already been sober for three years at the time of the session can affect insurance applications and custody proceedings.
One common misconception is that records only matter if you’re in a legal dispute. In practice, your mental health records can be requested by disability insurers, life insurance underwriters, and other health providers. An error that seems minor in the context of a therapy session can carry real weight in those settings. Knowing your records are accurate is not paranoia. It is reasonable self-advocacy.
Your legal right to request a correction to mental health records in Nova Scotia
Nova Scotia’s health privacy law gives you a specific, enforceable right to ask for corrections. The Personal Health Information Act, S.N.S. 2010, c. 41 (PHIA), came into force on June 1, 2013, and it governs how regulated health professionals collect, use, disclose, and maintain your personal health information. Under PHIA, your therapist is considered a “custodian” of your records, and any staff or contractors working on their behalf are “agents” with defined obligations under the same law.
The correction right is direct: you can request a correction to your personal health information in writing, and the custodian must respond in writing within 30 days. That 30-day window is not a suggestion. It is a legal requirement.
What PHIA covers and what it doesn’t
PHIA applies to regulated health professionals in Nova Scotia, which includes registered psychologists, social workers, and other regulated practitioners. Private psychotherapy practices in Nova Scotia may also fall under PIPEDA, the federal Personal Information Protection and Electronic Documents Act, which applies to commercial health activities. In practical terms, this means your correction rights may be grounded in provincial law, federal law, or both, depending on how your therapist’s practice is structured. You don’t need to sort out which law applies before making your request. Simply submit the request in writing and let the custodian determine their obligations.
What counts as a correctable error versus a clinical judgment
This is where most correction requests get complicated, and it’s the distinction that matters most before you write your letter. PHIA allows you to request corrections to factual errors: wrong dates, incorrect medications, a misrecorded name, an event that never happened. What it does not require a custodian to do is change a clinical opinion or a professional judgment just because you disagree with it.
Consider the difference between these two scenarios. In the first, a client’s record states they reported suicidal ideation in March 2021, but the client has no memory of saying this and believes it was recorded in error. That is a factual dispute, and a correction request is appropriate. In the second, a therapist documented that a client appeared to minimize the impact of a traumatic event. The client disagrees with that characterization. That is a clinical observation, and the therapist is not obligated to remove it simply because the client sees things differently.
The honest answer is that the line between “factual error” and “clinical judgment” is not always clean. A therapist’s note that a client “denied any history of abuse” when the client says they never denied it, only declined to discuss it, sits in a grey zone. In cases like this, even if the custodian declines to change the record, PHIA allows you to request that a statement of disagreement be attached to the file. That statement becomes part of your record and travels with it.
How to write a correction request that actually gets taken seriously
A vague complaint is easy to dismiss. A specific, written request citing the relevant law is not. Your correction request does not need to be a legal document, but it should be clear, factual, and submitted in a format that creates a paper trail.
What to include in your written request
- Your full name and date of birth, so there is no ambiguity about whose record you are referencing
- The specific record or document you believe contains an error (session date, report title, or document type)
- A precise description of what is incorrect and what the accurate information is
- Any supporting evidence you have, such as a prescription record showing the correct medication, or a document with the correct date
- A reference to your rights under PHIA (S.N.S. 2010, c. 41) and a request for a written response within 30 days
- Your preferred contact method for the response
Submit the request by email or registered mail so you have a record of when it was sent. Keep a copy. If you submit it in person, ask for a written acknowledgment. The 30-day response clock starts when the custodian receives the request, so documentation of the delivery date matters if you ever need to escalate.
What happens after you submit your request
Within 30 days, your therapist or their practice must respond in writing. There are three possible outcomes. First, they agree the error exists and correct it. Second, they partially agree and make some changes but not all. Third, they decline to make the correction, typically because they consider the disputed content to be a clinical judgment rather than a factual error.
If the correction is made, ask for confirmation in writing and, if possible, ask to see the corrected record to verify the change was made accurately. Errors in corrections happen too.
If the request is declined, you have two options worth knowing about. You can submit a statement of disagreement, as mentioned above, which the custodian is required to attach to your file and include whenever that information is disclosed to others. You can also file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner, which oversees PHIA compliance. That process is separate from your therapeutic relationship and does not require you to stop working with your therapist.
One edge case many guides skip: if your therapist has retired, closed their practice, or transferred your file to another provider, your correction rights do not disappear. The custodian obligations transfer with the records. You would direct your request to whoever currently holds the file.
Practical considerations specific to Nova Scotia and Atlantic Canada
Nova Scotia’s PHIA framework is relatively clear compared to some other provinces, but private practice therapy in the region has some practical realities worth knowing. Many therapists in Nova Scotia practice as sole proprietors with small administrative teams, which means your correction request may land directly with your therapist rather than a privacy officer. That is not a problem, but it does mean the process can feel more personal than it would at a large hospital or clinic.
If you are working with a therapist at a group practice like Wholetherapy, there may be a designated person who handles records requests. Asking upfront who to address your request to saves time. You can always contact us directly to find out the right process before you submit anything formal.
Geography also matters in Atlantic Canada. If you have seen multiple providers across provinces, each province has its own health privacy legislation. A record held by a New Brunswick provider is governed by New Brunswick law, not PHIA. The correction rights are similar in principle but the specific timelines and processes differ. For records held by Nova Scotia providers, PHIA applies.
If you have questions about how records are handled at Wholetherapy specifically, the FAQ page covers common questions about privacy, records, and how the practice operates.
When a correction request won’t solve the real problem
There are situations where correcting a record is the right move but won’t fully address the underlying concern. If you are worried about how your mental health records might affect a legal proceeding, an insurance application, or a custody matter, a correction request is one step, but it is not a legal strategy. In those situations, speaking with a lawyer who handles health information or family law is worth doing alongside, not instead of, the correction process.
There are also situations where the record is technically accurate but the context is missing. A note that says “client reported significant conflict with spouse” is accurate, but without context it can read differently than intended. In cases like this, a statement of disagreement or a request to add a clarifying note may be more useful than a correction request, since there is nothing factually wrong to correct.
It’s also worth being honest about what a correction cannot do: it cannot erase the fact that a record existed in a certain form before the correction. If a record was disclosed to an insurer before you identified the error, the correction applies going forward but does not retroactively change what was already shared. This is a real limitation, and it is one reason to review your records periodically rather than only when a problem surfaces.
If you are considering therapy and want to understand how records are handled before you begin, that is a reasonable question to ask in an initial consultation. Therapists who practice with integrity will welcome it. For more on what to expect from the process, the FAQ page is a good starting point.
Taking the next step if you believe your records contain an error
If you have read this far and believe there is an error in your mental health records, the most useful thing you can do right now is request a copy of your records before you do anything else. You cannot write a precise correction request without knowing exactly what the record says. Under PHIA, you also have the right to access your personal health information, and that access request follows a similar written process with the same 30-day response window.
Once you have the records in hand, read them carefully. Note specific passages, dates, and document types. If you find something that appears factually incorrect, write your correction request using the structure described above. Be specific. Be factual. Avoid framing the request as a complaint about your therapist’s competence, even if you are frustrated. A focused, factual request is more likely to result in a correction than an emotional one.
If you are unsure whether what you found constitutes a correctable error or a clinical judgment, that is a reasonable thing to discuss with a patient advocate, a lawyer, or even a different clinician who can review the record with fresh eyes.
Wholetherapy is a trauma-focused psychotherapy clinic in Dartmouth, Nova Scotia. If you have questions about records, privacy, or what to expect from therapy, you are welcome to contact us directly.
Frequently asked questions
How do I request a correction to my mental health records in Nova Scotia?
Submit a written request to the health professional or practice that holds your records. Your request should identify the specific record, describe the error, and state what the accurate information is. Under PHIA (S.N.S. 2010, c. 41), the custodian must respond in writing within 30 days. Keep a copy of your request and document when and how it was delivered.
Can a therapist refuse to correct my mental health records?
Yes, a therapist can decline a correction request if the disputed content reflects a clinical judgment or professional observation rather than a factual error. If your request is refused, you have the right to submit a statement of disagreement, which must be attached to your file and included whenever that information is disclosed. You can also file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner.
What is the difference between correcting a mental health record and adding a statement of disagreement?
A correction changes or removes information that is factually inaccurate. A statement of disagreement is a note you write that is attached to your file when the custodian declines to make the correction. The statement does not change the original record but ensures your perspective is part of the file going forward. Both options are available under Nova Scotia’s health privacy law.
How long does a therapist have to respond to a correction request in Nova Scotia?
Under PHIA, the custodian must respond in writing within 30 days of receiving your written correction request. The clock starts when the request is received, not when it is sent, so keeping proof of delivery is important. If you do not receive a response within 30 days, you can escalate to the Nova Scotia Office of the Information and Privacy Commissioner.
Do my rights to correct mental health records apply to private therapy practices?
Yes. PHIA applies to regulated health professionals in private practice in Nova Scotia, who are considered custodians under the law. Private psychotherapy practices may also fall under PIPEDA, the federal privacy law that applies to commercial health activities. In practice, this means your correction rights apply whether you are seen at a hospital, a community health centre, or a private clinic like Wholetherapy.