Procedure regarding the communication of medical documents upon request*
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The procedure aims to regulate the specific conditions for issuing 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 Rules for the application of the Patient Rights Law no. 46/2003, ensuring compliance with the following rules:
a) Requests regarding the communication of personal medical data are addressed by patients / relatives / authorized persons, in writing, by completing the "Request regarding the communication of personal medical documents" form, provided in Annex no. 3 to OMS 1410/2016. The respective 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 exercise capacity, the applicant must prove that they are a relative / legal representative.
c) In the case of authorized persons requesting medical documents of patients, it is necessary to attach the "Patient's Agreement regarding the communication of medical data" provided in Annex no. 5 to OMS 1410/2016.
d) Issuing copies of the requested medical documents is carried out by the person nominated by the head of B.R.S.M. together with the manager of the archival fund, within 30 calendar days from registration at the institution's headquarters.
e) Issuing copies of requested medical documents is done after patients / relatives / authorized persons complete the "Declaration regarding the communication of personal medical documents" form, provided in Annex no. 4 to OMS 1410/2016.
The regulation of the process for issuing medical documents requested by patients / relatives / authorized persons or other individuals entitled to access the information according to the law aims mainly at:
a) The patient has unrestricted access to personal medical data, in accordance with the law. The patient's access to medical data can be direct or indirect – through legal relatives or through doctors nominated by them in Annex no. 5 to the rules "Patient's Agreement 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 their death. This information can only be provided if the patient gives explicit consent or if the law expressly requires it. If the information is necessary for other accredited medical service providers involved in treating the patient, granting 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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