Regulations on confidentiality of patient information according to Vietnamese law
“While taking care of my mother at the hospital, I saw the doctor giving her medical records to some interns. I think the patient’s information must be kept confidential; or when passed on to others, it must be kept confidential. the patient’s consent. So how is this regulated by law? Is the patient’s right to confidentiality guaranteed by the state? Regulations on confidentiality of patient information according to Vietnamese law. Please help me answer it.”
In the face of the COVID-19 epidemic situation; Many outstanding legal issues are raised regarding the rights of patients. In, the right to keep the patient’s health information confidential is one of the rights being violated and taken advantage of the most; negatively affects the patient’s psyche and leaves many unfortunate consequences. Many patients and family members complain about the disclosure of medical records. So how is the patient’s right to privacy regulated? What are the responsibilities of those who examine and have not been ill? To answer this, today, LSX Lawfirm will give you an article about “Regulations on confidentiality of patient information according to Vietnamese law“, as follows:
Legal grounds
Law on medical examination and treatment 2009
What is the patient’s right to confidentiality?
Accordingly to Clause 3, Article 2 of the Law on Medical Examination and Treatment:
“Patients are users of medical examination and treatment services”.
In Clause 2, Article 3, and Article 8 of the Law on Medical Examination and Treatment, it prescribed as follows:
“Article 3. Principles in medical examination and treatment practice”
2. Respect the patient’s rights; keep confidential information about health status and private life recorded in medical records, except for the cases specified in Clause 2, Article 8, Clause 1, Article 11, and Clause 4, Article 59 of this Law.”
“Article 8. Right to privacy.
1. To keep confidential information about health status and private life recorded in medical records.
2. Information specified in Clause 1 of this Article may only disclose when the patient consents or to share information and experiences in order to improve the quality of diagnosis, care, and treatment among practitioners. in the group directly treating the patient or in other cases prescribed by law.”
Accordingly, the patient’s right to confidentiality protected by law, except in certain cases. This is a principle in medical examination and treatment that requires all concerned people to adhere to.
Patient confidentiality is protected
Protected health information is information, including demographic data that identifies the individual, regarding:
Firstly, Health information; or physical health condition; past, present, or future spirit;
Secondly, Information about providing health care services to individuals;
Thirdly, Past, present, or future payment information for the provision of health care services to the individual.
Accordingly to the content of Article 8 of the Law on Medical Examination and Treatment, patients have the right to respect their privacy, including the right to keep confidential information about their health status and private life recorded in their medical records. Persons suffering from infectious diseases not restricted in this right. With electronic medical records, patients also have the same rights. Accordingly, medical records are medical, medical, and legal documents; Each patient has only one medical record for each medical examination and treatment at a medical examination and treatment establishment.
When is patient information published?
Based on the above regulations, the patient’s information in the medical record; whether paper records or electronic records, can only release with the patient’s consent; or to share information and experiences to improve the quality of diagnosis, care, and treatment of patients among practitioners in the group directly treating patients or in other cases prescribed by law.
Clause 2, Article 32 of the 2015 Civil Code stipulates a number of cases related to the use of images of individuals without the consent of the person having the image or their legal representative, including:
Firstly, The image use for the national interest, the nation, and the public interest;
Secondly, Images used for public activities, including conferences, seminars, sports competitions, performing arts, and other public activities, without prejudice to honor, dignity, or prestige. the credit of the person with the image.
Thus, in addition to the cases prescribed by law, it is illegal to use public images, personal information, and information about the health situation of others
Subjects entitled to access to patient’s health information
Accordingly to the provisions of Clause 4, Article 59 of the Law on Medical Examination and Treatment, there three groups of subjects entitled to access to patient’s health information; after obtaining the consent of the head of the medical examination and treatment establishment, including:
- Firstly, Internship students, researchers, and practitioners in medical examination and treatment establishments may borrow medical records on the spot for reading or copying for research or professional and technical work;
- Secondly, Representatives of state management agencies in charge of health directly manage medical examination and treatment establishments, investigation agencies, procuracies, courts, specialized health inspectors, insurance agencies, and supervision organizations For forensic medicine, and forensic psychiatry, lawyers may borrow medical records on the spot to read or copy to serve their assigned tasks according to their authorized competence;
- Thirdly, The patient or the patient’s representative may receive a summary of the medical record upon written request.
However, when these groups of subjects use information in medical records, they must keep it secret and only use it for the right purposes as suggested to the head of the medical examination and treatment facility.
Particularly for practitioners in medical examination and treatment establishments, keeping the confidentiality of the patient’s medical condition, the information that the patient has provided as well as the medical records considered one of the principles in the practice. medical examination and treatment profession and an obligation to the profession.
Is it okay for interns to see the patient’s medical records?
Accordingly to Clause 4, Article 59 of the Law on medical examination and treatment, not yet sick:
“Intern students, researchers, practitioners in medical examination and treatment establishments may borrow medical records on the spot to read or copy for research or professional and technical work;”
So in the case of your mother; it is not illegal for the doctor to let the student practice see the medical record. However, when these subjects use the information in the medical record, it must be for the right purpose of research, study, or professional and technical work. The confidentiality of this information must also ensure, not disclosed.
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Related questions
According to the Law on Medical Examination, if you are not sick, then: Medical examination means asking the patient, taking a medical history, performing a physical examination, and ordering paraclinical tests and functional exploration to diagnose and specify appropriate treatment methods, when necessary take.
Medical examination and treatment practitioner means a person who has been granted a practicing certificate and conducts medical examination and treatment (hereinafter referred to as the practitioner).
Practitioners have the right to refuse medical examination and treatment in the following cases: In the course of medical examination and treatment, if the prognosis is beyond their ability or contrary to the scope of their professional activities, they must report to a competent person or refer the patient to a medical examination and treatment establishment. other diseases to deal with. In this case, the practitioner still has to perform first aid, give first aid, monitor, care for and treat the patient until the patient is transferred to another medical examination and treatment establishment. Such medical examination and treatment is contrary to the provisions of law or professional ethics then.
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