Jun 8, 2020
When are you able to disclose patient information?
Medical practitioners are in possession of patients’ private
and confidential information, and at times are required to disclose this data.
There are ethical and legal responsibilities when sharing this
information to a third party.
Below we outline the difference for each type of request
within a healthcare practice environment in New Zealand. This is not
intended as legal advice, but a guideline on some key, best practices when
involving the release of patient information.
Disclosure of information in the following scenarios
With permission:
Patient information which directly relates to the individual
can be disclosed, only if permission is given by the individual. This includes
any information which can identify that person, their medical history, and
contact details. Exceptions to this rule are covered below.
Without permission:
Anonymised data such as statistical information which has no
trace to any individual can be given without consultation.
Patient has vetoed permission:
When a patient has refused for their details to be shared,
it is the health practitioner’s responsibility to follow ‘Good Medical
Practice’ and respect the wishes of that individual.
Hospitals:
Hospitals are able to disclose basic information such as the
patient’s presence, location, and condition. Anyone is able to make this
request so long as the patient has not vetoed the disclosure
What permission is needed?
Requests for healthcare information can come from many
sources. Find out who has access, and when the law allows for disclosure
without the patient’s expressed consent.
Individuals:
When the patient is made aware when providing their details
that it will be passed on to a third party, a request will therefore have no
barriers.
Individuals have a right to their own information, with the
following exclusions.
- Information that could
cause harm or prejudice to mental and physical health.
- When the information may
disclose another person’s affairs.
Family:
Parents or legal guardians are representatives of children
up to 16 years of age. After 16 years old, the parent or guardian has no
special rights to information based on this status alone. However, a principle
caregiver, relative or representative is able to receive disclosed information
about a patient if the medical practitioner sees it sits within recognised
professional practice.
Here is more information on the limitations of acting as a
representative over an individual’s information: Section 22F
(Amended 01 AUG 2019) of the Health Act.
Other clinicians:
In emergency situations, patient transfers and referrals,
require medical information to be shared between health practitioners.
Providers of health services are legally able to obtain the information
required unless the holder of information believes it is against the
individual’s wishes.
Threat to patient’s safety:
When patient information is required to prevent a serious
health or safety threat, then the individual’s expressed permission is not
required. This information can only be provided to a person able to alleviate
the situation.
Government agencies:
Some government agencies have the power to obtain
information. Requests should be within the scope of that agency’s powers. The
statutory function of that agency must be the purpose of the request. See Section 22C(Amended 01 AUG
2019) as a reference for dealing with these type of
enquiries.
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