You have the right to ask your therapist to correct information in your mental health records, and many people don’t know this right exists. Requesting a correction to your mental health records is a formal process protected under Nova Scotia law, and understanding how it works can save you a lot of frustration. Whether you noticed a factual error in your file, a misquote of something you said, or a clinical note that doesn’t reflect what actually happened in a session, you have options. Three things shape how this process unfolds more than most people expect: what kind of correction you’re asking for, how your therapist is required to respond, and what happens when they disagree with you.
What your right to correct mental health records actually means in Nova Scotia
Your right to request a correction to your therapy records is not just a courtesy your clinic extends to you. It is a legal right under provincial legislation. The Personal Health Information Act, S.N.S. 2010, c. 41 (PHIA), is Nova Scotia’s health privacy law, and it came into force on June 1, 2013. Under PHIA, you can submit a written request asking your therapist or clinic to correct your personal health information, and they are required to respond in writing within 30 days.
This matters because mental health records are not just administrative paperwork. They can affect insurance claims, disability applications, legal proceedings, and future clinical care. A note that misrepresents what you said, records the wrong date of an event, or attributes a symptom to the wrong cause can follow you in ways that are genuinely harmful.
One common misconception is that this right only applies to hospitals or large health systems. In fact, PHIA governs how regulated health care professionals and organizations in Nova Scotia collect, use, disclose, retain, and destroy personal health information, including therapists in private practice. If you see a psychologist, social worker, or other regulated clinician at a private clinic like Wholetherapy, your rights under PHIA apply.
What counts as a correctable error in your therapy records
Not every disagreement with your records qualifies as a correctable error, and this is where many people run into confusion. The law distinguishes between factual inaccuracies and clinical judgements. Understanding this distinction before you submit your request will help you frame it in a way that is more likely to succeed.
Factual errors versus clinical opinions in mental health records
Factual errors are the clearest cases. Examples include: your date of birth recorded incorrectly, a session date that doesn’t match your calendar, a medication name spelled wrong, or a statement attributed to you that you never made. These are objective and verifiable, and a correction request for this type of error is straightforward.
Clinical opinions are different. If your therapist wrote that you presented with a flat affect during a session and you felt you were engaged and expressive, that is a clinical observation, not a factual error. Your therapist is not required to change their professional assessment simply because you disagree with it. This does not mean you have no recourse, but it does mean the correction process works differently for this type of concern.
An edge case worth knowing: if a clinical note contains a statement of fact embedded within a clinical observation, such as “client reported no history of trauma” when you did disclose trauma in that session, that embedded factual error is correctable even though it appears in a clinical context. The key question is whether the information is something that can be verified as true or false, not just interpreted differently.
How to write a correction request that actually gets taken seriously
Under PHIA, your correction request must be made in writing. A verbal request to your therapist during a session does not trigger the formal 30-day response obligation. This does not mean you can’t raise it verbally first, but to protect your rights, you need something in writing.
What to include in your written correction request
Your request does not need to be a legal document, but it should be clear and specific. Include the following:
- Your full name and date of birth, so the clinic can locate your file without ambiguity
- The specific record or note you believe contains an error (include the date of the session or document if you know it)
- A clear description of what is incorrect and why you believe it is incorrect
- What you are asking to be changed, and what the correct information is
- Any supporting documentation you have, such as a letter from another provider, a prescription record, or your own contemporaneous notes
Send your request in a way that creates a record: email with a read receipt, a letter sent by registered mail, or a written submission handed to reception with a date stamp. Keep a copy for yourself. If you are unsure how to submit it, you can contact us directly and a staff member can walk you through the process at Wholetherapy.
What happens after you submit your correction request
Once your written request is received, your therapist or clinic has 30 days to respond in writing. This timeline is set by PHIA and is not optional. In practice, most responses come sooner, but you are entitled to the full 30 days if the clinic needs time to review the record in question.
There are three possible outcomes. First, the custodian agrees with your request and makes the correction. Second, they partially agree and correct some but not all of what you asked. Third, they disagree and decline to make the correction. In all three cases, they must tell you in writing what they decided and why.
If the correction is made, the clinic is also required to take reasonable steps to notify anyone who received the incorrect information, if that notification is possible and appropriate. This matters if your records were shared with an insurer, a referring physician, or another provider before the error was caught.
If the correction is declined, you are not without options. You can ask the clinic to attach a statement of disagreement to your file. This means that anyone who accesses your records in the future will see both the original note and your written objection to it. It does not change the note, but it does ensure your perspective is part of the record.
When your therapist disagrees with your correction request
A declined correction request is not the end of the road, and it does not mean your concern was dismissed without thought. Therapists are required to review requests carefully, but they are also required to maintain accurate clinical records, and sometimes what a client experiences as an error is a difference in perspective rather than a factual mistake.
If you believe the refusal was wrong, you have the right to file a complaint with the Office of the Information and Privacy Commissioner of Nova Scotia. This is the body that oversees PHIA compliance. You can also consult with a patient advocate or a lawyer who works in health law if the stakes are significant, for example, if the incorrect record is being used in a legal or insurance context.
One honest tradeoff to name here: pursuing a formal complaint takes time and energy, and the outcome is not guaranteed. For minor errors that have no practical consequence, some people decide the statement of disagreement attached to their file is sufficient. For errors that are materially affecting your life, the formal complaint route is worth pursuing. Only you can weigh that.
It is also worth knowing that PIPEDA, the federal Personal Information Protection and Electronic Documents Act, applies to commercial health activities including private psychotherapy practices in Nova Scotia. In some situations, a complaint can be filed federally as well. If you have questions about which avenue applies to your situation, our FAQ page covers some of the basics around privacy rights and records.
Practical considerations specific to Nova Scotia and Atlantic Canada
Nova Scotia’s PHIA framework is specific to this province. If you received therapy in another Atlantic province and are trying to correct records from that provider, the applicable legislation will differ. New Brunswick, Prince Edward Island, and Newfoundland and Labrador each have their own health privacy laws, and the timelines and procedures may not be identical to what PHIA requires.
Within Nova Scotia, regulated health professionals in private practice are considered custodians under PHIA, and their staff or contractors acting on their behalf are considered agents, both with defined obligations under the Act. This means that if you are working with a clinic where your primary therapist is supported by administrative staff, the clinic as a whole is accountable for how your correction request is handled, not just the individual clinician.
Geography can also be a practical factor. If you are in a rural part of Nova Scotia and your records are held by a clinic in Halifax or Dartmouth, submitting your request by email or registered mail is entirely appropriate. You do not need to appear in person to initiate a correction request. Wholetherapy serves clients across the region, and written requests are handled the same way regardless of where you are located.
If you are currently receiving EMDR therapy or another form of trauma treatment, it may be worth reviewing your records periodically, particularly if your file is being shared with other providers as part of coordinated care.
When a correction request is not the right tool
There are situations where a correction request is not what you actually need, and pursuing one can distract from more useful steps. If your concern is not about accuracy but about how your records are being shared or who has access to them, that is a privacy complaint, not a correction request. If you want to understand what is in your file before deciding whether anything needs to change, that is an access request, which is a separate right under PHIA.
A correction request is also not the right tool if what you are really looking for is a conversation with your therapist about how they documented a session. Many apparent errors resolve when a client and therapist sit down and talk through what was written and why. That conversation can happen without triggering a formal process, and it often leads to a better outcome for the therapeutic relationship as well.
If you are in a situation where you feel your records are being used against you in a legal proceeding, a correction request alone is unlikely to be sufficient. You would need legal advice specific to your situation. Similarly, if you are concerned that your therapist has violated your privacy in a more serious way, such as disclosing your records without your consent, a correction request does not address that. A privacy complaint to the relevant commissioner’s office is the appropriate step.
If you are unsure which process fits your situation, reaching out to the clinic directly is a reasonable first step. You can contact us at Wholetherapy and we can help clarify what kind of request makes sense for what you are experiencing.
Frequently asked questions
How do I request a correction to my mental health records in Nova Scotia?
You need to submit a written request to the clinic or therapist who holds your records. Under PHIA, the request must be in writing to trigger the formal 30-day response obligation. Your request should identify the specific record you believe is incorrect, explain what the error is, and state what the correct information should be. Sending it by email or registered mail and keeping a copy for yourself is strongly recommended.
What if my therapist refuses to correct my mental health records?
If your therapist declines your correction request, they must tell you in writing why they refused. You can ask them to attach a statement of disagreement to your file, which means your objection becomes part of the record going forward. You also have the right to file a complaint with the Office of the Information and Privacy Commissioner of Nova Scotia if you believe the refusal was not justified. In some cases, a complaint under federal PIPEDA legislation may also be an option.
Can I correct a clinical opinion in my therapy records, not just a factual error?
Generally, no. The correction right under PHIA applies to factual inaccuracies, not to clinical judgements or professional observations. If your therapist documented their clinical assessment of your presentation in a session, they are not required to change that assessment simply because you see it differently. However, if a clinical note contains an embedded factual error, such as a misquote of something you said, that portion may be correctable even if it appears within a clinical observation.
How long does a therapist have to respond to a correction request in Nova Scotia?
Under PHIA, a custodian must respond to a written correction request in writing within 30 days of receiving it. This timeline is set by law and is not at the clinic’s discretion. If you do not receive a response within 30 days, that failure to respond may itself be grounds for a complaint to the Office of the Information and Privacy Commissioner of Nova Scotia.
Do my mental health record correction rights apply to private therapy clinics, not just hospitals?
Yes. PHIA applies to regulated health care professionals in private practice, not only to hospitals or publicly funded health systems. If you are seeing a therapist at a private clinic, your rights under PHIA apply in the same way. Regulated clinicians in private practice are considered custodians under the Act, and their obligations to respond to correction requests are the same as those of larger health organizations.