You have the right to see your therapy records, and you have the right to ask for corrections when something in them is wrong. Correcting errors in therapy records is a process most clients don’t know exists until they need it, and by then the stakes can feel high: an inaccurate diagnosis, a misquoted statement, a date that places you somewhere you weren’t. Three things drive this process more than people expect: what the law actually requires, what counts as a correctable error, and how to make a request that gets taken seriously. This guide walks through each of those, with the specific steps you’d take in Nova Scotia.
Why therapy records matter more than most clients realize
Therapy records are not just administrative paperwork. They follow you. A clinical note written in 2019 can surface in an insurance application, a disability claim, a custody proceeding, or a referral to a specialist years later. When something in those records is wrong, the consequences are rarely abstract.
Consider a client who disclosed a past suicide attempt during an intake session. The therapist recorded it as a “current” risk rather than a historical one. That distinction, one word in a clinical note, later complicated the client’s application for life insurance. The error wasn’t malicious. It was a documentation slip. But it had real effects.
Most people assume their records are accurate because they trust their therapist. That trust is usually warranted. But therapists are human, sessions move quickly, and notes are often written after the fact from memory. Errors happen in several predictable ways:
- Dates or timelines recorded incorrectly
- Symptoms attributed to the wrong episode or context
- A client’s own words paraphrased in a way that changes the meaning
- A diagnosis listed that was never formally discussed or agreed upon
- Information from a previous provider copied into current notes without verification
Knowing your records exist and knowing you can request them are two different things. The next step is understanding what the law says you’re entitled to do when you find something wrong.
Your legal right to request corrections to therapy records in Nova Scotia
Nova Scotia’s health privacy law gives you a clear, enforceable right to request 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 in the province collect, use, and maintain your personal health information. Under PHIA, your therapist is considered a “custodian” of your records, and their staff or contractors acting on their behalf are “agents,” each with defined obligations under the law.
The correction right is specific: 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 does and does not require custodians to correct
PHIA requires custodians to correct factual errors, but it does not require them to change a clinician’s professional opinion. This is a distinction that trips people up. If your therapist wrote that you “appeared agitated” during a session and you believe you were calm, that is a clinical observation, not a factual error, and the therapist is not obligated to remove it. However, if your therapist recorded that you have a diagnosis you were never given, or that you missed an appointment you attended, those are factual errors that fall within the correction right.
If the custodian disagrees that a correction is warranted, they must attach a statement of disagreement to your file so that anyone who later accesses the record can see that you disputed it. That option matters. It means your objection becomes part of the permanent record even when the therapist won’t change the original note.
What counts as a correctable error versus a clinical judgment
This is the question most clients get wrong, and it’s worth being direct about it: not everything you disagree with in your records is legally correctable. The distinction between a factual error and a clinical judgment is real, and understanding it before you submit a request will save you frustration.
A factual error is something objectively verifiable as wrong. Examples include:
- Your date of birth recorded incorrectly
- A medication listed that you never took
- A session date that doesn’t match your actual attendance
- A family member’s relationship to you described inaccurately
- A referral source listed that doesn’t reflect what actually happened
A clinical judgment is the therapist’s professional interpretation of what they observed or assessed. Examples include:
- A notation that you “minimized” a symptom
- A risk assessment rating
- A therapist’s impression of your affect during a session
- A working diagnosis based on observed patterns
The edge case that causes the most confusion is a formal diagnosis. If a diagnosis appears in your records and you were never told about it, that may be a correctable error, because the record implies a clinical communication that didn’t happen. But if you were told about the diagnosis and simply disagree with it, that falls into clinical judgment territory. In that situation, the statement of disagreement process is your best option.
How to request a correction: the step-by-step process
The process is more straightforward than most people expect, but it works best when you approach it methodically.
Step 1: Request and review your records first
You cannot correct what you haven’t read. Before submitting a correction request, ask your therapist or clinic for a copy of your records. Under PHIA, you have the right to access your personal health information, and the same 30-day response window applies. Some clinics have a standard form for this; others will accept a written request by email or letter. Be specific about the date range you want.
Step 2: Identify the specific error in writing
Once you have your records, go through them carefully. Write down the exact location of each error: the date of the note, the section it appears in, and the specific wording that is wrong. Vague requests (“some things seem off”) are harder to act on and easier to dismiss. Precise requests (“the intake note dated March 4 states I have a diagnosis of X, which was never discussed with me”) are harder to ignore.
Step 3: Submit a written correction request
Your request must be in writing. A letter or email works. Include your full name, date of birth, the specific error, and what the correct information should be. Keep a copy of everything you send, including the date you sent it. The 30-day clock starts from the date the custodian receives your request.
Step 4: Follow up if you don’t hear back within 30 days
If the clinic does not respond within 30 days, that is a violation of PHIA. You can escalate to the Nova Scotia Office of the Information and Privacy Commissioner. Document your follow-up attempts.
When the clinic refuses your correction request
A refusal is not the end of the road. Under PHIA, if a custodian decides not to make the correction you requested, they are required to notify you in writing and explain why. They must also attach your statement of disagreement to the record if you provide one.
Your statement of disagreement is a short written document, in your own words, explaining what you believe is wrong and why. It doesn’t need to be formal or use legal language. What matters is that it becomes part of your file. Anyone who accesses your records after that point, whether a specialist, an insurer, or another provider, will see that you disputed the information.
If you believe the refusal was improper, you can file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner. This is a free process. You don’t need a lawyer to do it, though you may want one if the stakes are significant, such as in a legal proceeding where the records are being used as evidence.
One honest note: this process takes time. If you are in the middle of an active legal matter and need a record corrected urgently, speak with a lawyer about your options. The PHIA process is thorough, but it is not fast.
Practical considerations for clients in Nova Scotia and Atlantic Canada
A few realities specific to this region are worth knowing before you start.
Private psychotherapy practices in Nova Scotia are governed by PHIA, but federal privacy law also applies. PIPEDA, the federal Personal Information Protection and Electronic Documents Act, covers commercial health activities, including private psychotherapy practices. In practice, PHIA and PIPEDA overlap significantly for Nova Scotia clients, and most correction rights are exercised under PHIA because it is more specific to health information.
If your therapy was provided through a hospital or a publicly funded program rather than a private clinic, the records may be held by a different type of custodian with slightly different procedures. The correction right still exists, but the process for accessing and correcting records may go through a different administrative channel.
Geography also matters in Atlantic Canada. If you received therapy in New Brunswick, Prince Edward Island, or Newfoundland and Labrador, each province has its own health privacy legislation. The correction rights are similar in principle, but the specific procedures and timelines differ. This guide focuses on Nova Scotia because that is where PHIA applies.
If you have questions about how Wholetherapy handles records requests or what to expect from the process, the FAQ page covers common questions about documentation and privacy practices.
Red flags and honest limits of the correction process
The correction process works well for clear factual errors. It works less well in a few specific situations, and it’s worth being honest about those.
First, if your therapeutic relationship has broken down to the point where you are disputing records, that breakdown itself may need attention. Submitting a correction request while still in an active therapeutic relationship can feel adversarial, even when it isn’t meant that way. Some clients find it helpful to raise the concern directly with their therapist first, before submitting a formal written request. Others prefer to go straight to the formal process. Neither approach is wrong, but consider which one fits your situation.
Second, the correction process does not erase records. It corrects or annotates them. If you are hoping that a formal diagnosis will simply disappear from your file, that is not how this works. The original note may remain, with a correction or a statement of disagreement attached. For some purposes, such as insurance underwriting, the original note may still be visible.
Third, if the error in your records is connected to a broader concern about the quality of care you received, a correction request is not the same as a complaint to a regulatory college. Those are separate processes. A correction fixes the record. A complaint to a regulatory body addresses the conduct of the clinician. You can do both, but they serve different purposes.
If you’re unsure whether your concern is best addressed through a correction request or another channel, contact us and we can help you think through your options.
Frequently asked questions
How do I request a correction to my therapy records in Nova Scotia?
Submit a written request to your therapist or clinic identifying the specific error and what the correct information should be. Under PHIA, the custodian must respond in writing within 30 days of receiving your request. Keep a copy of your request and note the date you sent it. If you don’t receive a response within 30 days, you can escalate to the Nova Scotia Office of the Information and Privacy Commissioner.
Can my therapist refuse to correct my records?
Yes, a therapist can refuse a correction request, particularly if the information you want changed reflects a clinical judgment rather than a factual error. If they refuse, they must notify you in writing and explain why. You then have the right to submit a statement of disagreement, which must be attached to your file so that future readers of the record can see your objection. You can also file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner if you believe the refusal was improper.
What is the difference between correcting a therapy record and filing a complaint against a therapist?
A correction request addresses the accuracy of your records. It asks the clinic to fix a factual error or attach your disagreement to the file. A complaint to a regulatory college addresses the conduct of the clinician and can result in disciplinary action. These are separate processes that serve different purposes. If you have concerns about both the accuracy of your records and the quality of care you received, you can pursue both at the same time, but they go through different channels.
Does correcting therapy records in Nova Scotia remove the original note?
Not necessarily. The correction process may result in the original note being amended, or it may result in a correction being added alongside the original. A statement of disagreement is attached to the record rather than replacing anything. The goal of PHIA is accuracy and transparency, not erasure. If you are concerned about how a corrected or annotated record will appear to a specific third party, such as an insurer, it is worth asking the clinic directly how they handle corrections in their record-keeping system.
How long does the therapy records correction process take in Nova Scotia?
Under PHIA, the custodian has 30 days to respond to a written correction request. If the correction is straightforward, it may be resolved faster than that. If the custodian refuses and you file a complaint with the Office of the Information and Privacy Commissioner, the timeline extends significantly depending on the complexity of the complaint and the commissioner’s caseload. For time-sensitive situations, such as an upcoming legal proceeding, speak with a lawyer about whether additional steps are available to you.