The 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 / empowered persons, as well as the conditions for transmitting the patient's medical data.
The issuance of medical documents requested by patients / relatives / legal representatives / empowered 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 Rules for the application of the Patient Rights Law no. 46/2003.
The request for communication of personal medical data is submitted in writing by patients / relatives / legal representatives / empowered persons, by completing the "Request for communication of personal medical documents" form, provided in Annex no. 3 to Order of the Minister of Health no. 1410/2016 and attached to this procedure.
In the case of minors, adults without discernment, and adults with temporary loss of capacity to exercise, the requester must prove they are a relative / legal representative.
In the case of empowered persons requesting the medical documents of patients, they must attach the "Patient's consent regarding the communication of medical data" provided in Annex no. 5 to 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, it is no longer necessary to complete the consent, for the designated person.
In the situation where the patient was unable to express consent and death occurred, confidential information 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 "Personal Medical Data Request Form" provided in Annex no. 6 to Order of the Minister of Health no. 1410/2016:
a) the surviving spouse;
b) descendants;
c) ascendants / guardians;
d) relatives in the collateral line up to the fourth degree inclusive.
The issuance of copies of the requested medical documents is carried out within 48 hours from the date the request is approved, according to the law.
The documents are handed to the requester, in paper format, at the hospital headquarters.
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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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