Mobile health applications are increasingly being used as tools of medicine. Outside of the clinic, some of these applications may contribute to diagnoses made absent a physician's care. We argue that this contravenes reservations of diagnosis to healthcare professionals in the law of two Canadian provinces: Quebec and Ontario. On the one hand, the law conceives of diagnosis in relatively broad terms. Drawing an association between symptoms and illness, for example, has been recognized in case law as sufficient. On the other hand, provincial law reserves diagnosis to physicians and other healthcare professionals. We argue that a number of health applications are capable of drawing associations between symptoms and disease and, in doing so, of delivering diagnoses in contravention of the law of Quebec and Ontario. This places mobile health applications in a poorly understood legal space. While prosecution is unlikely, the increasing ubiquity and technological sophistication of health applications promises to make such diagnosis widespread. We suggest that the legal status of such mobile health apps should be given serious attention. While our analysis focuses on the state of the law in Canada's largest provinces, we suggest that our argument will have implications in other jurisdictions.
Keywords: Diagnosis; Penal Liability; Practice of Medicine; mHealth.