Release of personal medical documents upon request*
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The procedure aims to regulate the specific conditions for the issuance of medical documents requested by patients / relatives / legal representatives / authorized persons, as well as the conditions for transmitting the patient's medical data.
The issuance of medical documents requested by patients / relatives / legal representatives / authorized persons is carried out in strict accordance with the provisions of the Order of the Minister of Health no. 1410/2016 regarding the approval of the Regulations for the enforcement of the Patient Rights Law no. 46/2003.
The request concerning the communication of personal medical data is addressed by patients / relatives / legal representatives / authorized persons, in writing, by completing the form "Request regarding the communication of personal medical documents," provided in Annex no. 3 to the Order of the Minister of Health no. 1410/2016 and attached to this procedure.
In the case of minors, adults lacking discernment, and adults with temporary loss of exercise capacity, the applicant must provide proof of being a relative / legal representative.
In the case of authorized persons requesting medical documents of patients, they must attach the "Patient's consent regarding the communication of medical data" provided in Annex no. 5 to the Order of the Minister of Health no. 1410/2016, a document which must be authenticated. If, at the time of admission, the patient has designated in writing a person to have access to their medical documents, completing the consent form is no longer necessary for the designated person.
In the event that the patient was unable to express their consent and their death has occurred, confidential data from the observation sheet, information about the patient's condition, investigation results, diagnosis, prognosis, treatment, personal data, may be provided, upon request, to the following persons, in the order below, by completing the "Request form for personal medical data," provided in Annex no. 6 to the Order of the Minister of Health no. 1410/2016:
a) the surviving spouse;
b) descendants;
c) ascendants / guardians;
d) collateral relatives up to the fourth degree included.
The release of copies of the requested medical documents is carried out within 48 hours from the date of approval of the request, according to the law.
The documents are handed over to the applicant, in hard copy, at the hospital headquarters.
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In the case of a dispute between the beneficiary and the competent authority, the provisions of common law are applicable.
*Competent entities
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