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 Implementation Rules of the Patient Rights Law no. 46/2003, respecting the following rules:
a) Requests regarding the communication of personal medical data are addressed by patients / relatives / authorized persons in writing, by completing the form "Request regarding the communication of personal medical documents", provided in annex no. 3 of 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 legal capacity, the applicant must prove that they are a relative / legal representative.
c) In the case of authorized persons requesting patients' medical documents, they must attach the “Patient's consent regarding the communication of medical data” provided in annex no. 5 of OMS 1410/2016.
d) The issuance of copies of requested medical documents is done 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) The issuance of 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 of OMS 1410/2016.
The regulation of the process for issuing medical documents requested by patients/ relatives/ authorized persons or other individuals entitled to access information according to the law has the following main purposes:
a) The patient has unrestricted access to personal medical data, according to the law. The patient's access to medical data can be direct or indirect – through legal relatives or through doctors nominated by the patient in Annex no.5 to the rules “Patient's consent regarding the communication of personal medical data” (Updated Law 46/2003).
b) All information regarding the patient's condition, investigation results, diagnosis, treatment, personal data is confidential, even after their death. This information can be provided only if the patient gives explicit consent or if the law expressly requires it. If the information is necessary to other accredited medical service providers involved in the patient's treatment, granting consent is no longer mandatory. (Updated Law 46/2003).
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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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