Procedure regarding the communication of medical documents upon request*
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The procedure aims to regulate the specific conditions for issuing the medical documents requested by patients / relatives / authorized persons, as well as the conditions for transmitting the patient's medical data.
The issuance of medical documents requested by patients / relatives / authorized persons is carried out in strict accordance with the provisions of OMS 1410/2016 regarding the approval of the Application Norms of the Patient Rights Law no. 46/2003, ensuring compliance with the following rules:
a) The request concerning the communication of personal medical data is made by patients / relatives / authorized persons in writing, by completing the form "Request regarding the communication of personal medical documents," provided in annex no. 3 to OMS 1410/2016. This form is approved by the hospital commander and is assigned to B.R.S.M. for resolution.
b) In the case of minors, adults without discernment, and adults with temporary loss of legal capacity, the applicant must prove their status as a relative / legal representative.
c) In the case of authorized persons requesting patients' medical documents, they need to attach the "Patient's consent regarding the communication of medical data" provided in annex no. 5 to OMS 1410/2016.
d) The issuance of copies of requested medical documents is performed by the person nominated by the head of B.R.S.M. together with the custodian of the archival fund, within 30 calendar days from registration at the institution headquarters.
e) The issuance of copies of requested medical documents is done after the patients / relatives / authorized persons fill in the "Declaration regarding the communication of personal medical documents," provided in annex no. 4 to OMS 1410/2016.
The regulation of the process for issuing the medical documents requested by patients / relatives / authorized persons or other persons entitled to access information, according to the law, has as main objectives:
a) The patient has unrestricted access to personal medical data, under the law. Patient access to medical data can be direct or indirect – through legal relatives or through physicians nominated by the patient in Annex no.5 to the norms “Patient's consent regarding the communication of personal medical data” (Law 46/2003 updated).
b) All information regarding the patient's condition, investigation results, diagnosis, treatment, personal data are confidential, even after the patient's death. This information can only be provided if the patient explicitly gives consent or if the law expressly so requires. If the information is necessary for other accredited medical service providers involved in the patient's treatment, consent is no longer mandatory. (Law 46/2003 updated).
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In the event of a dispute between the beneficiary and the competent authority, the provisions of common law shall apply.
*Competent entities
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