Release of personal medical documents upon request*
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The procedure aims to regulate the specific conditions for the release of medical documents requested by patients / relatives / legal representatives / authorized persons, as well as the conditions for transmitting the patient's medical data.
The release 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 Norms for the application of the Patient Rights Law no. 46/2003.
The request regarding the communication of personal medical data is made 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 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 legal capacity, the applicant must prove that they are a relative / legal representative.
In the case of authorized persons requesting medical documents of patients, they must attach the "Patient's consent for 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 notarized. If, at the time of admission, the patient has designated in writing a person to have access to their medical documents, completion of the consent form is no longer necessary for that designated person.
In the situation where the patient was unable to express consent and subsequently passed away, confidential data from the medical chart, information regarding 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 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 and including the fourth degree.
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 to the applicant, in hard copy, at the hospital's headquarters.
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In the event of a dispute between the beneficiary and the competent authority, the common law provisions shall apply.
*Competent entities
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