Law in healthcare Course of Health and medical law Important international regulations •Convention on Human Rights and Biomedicine (European Treaty) •Consent • •Private life and right to information • •Human genome • •Scientific research • •Organ and tissue removal from living donors for transplantation purposes • •Prohibition of financial gain and disposal of a part of the human body • National regulations (Czech Republic) Question no. 1 •What is the purpose of the law in healthcare? Social role? Two main masses of Law •PUBLIC LAW •Constitution •Hierarchy •Enforcement •Formal process • •PRIVATE LAW •Individual •Equality •Authonomy •Freedom • • Soudní kladívko Podání ruky Basic rights and obligations of healthcare professionals • Rights and obligations of healthcare professional Obligations of healthcare professional according to HCA Rights and obligations under the Labour Code Rights of a healthcare professional The rights and obligations of citizens in health care •(citizens' rights, patient's rights, patient's right to information) • Patient has rights: Rights of the patient (§28 HCA) Rights of the patient (§28 HCA) Rights of the patient (§28 HCA) Rights of the patient (§28 HCA) Obligations of the patient (!) a)to follow a designed individualized treatment procedure b)to follow the internal rules, c)to pay the provider cost of health services provided to him with his consent d)truthfully inform healthcare professional about the development of health condition, including information on infectious diseases e)not to drink alcohol or use other addictive substances during hospitalization and undergo in justified cases examination in order to establish whether or not is the patient under the influence of alcohol or other addictive substances at the discretion of the attending physician • Refusal to provide healthcare services It is important to distinguish •Transfer the patient to another healthcare provider •There are no longer reasons for the provision of healthcare services; does not apply in the case of the registering provider •Patient •refuse the provision of all healthcare services, •severely restricts the rights of other patients •deliberately and systematically fails to comply with the proposed individual medical procedure, if he gave his consent to the provision of health services, •does not follow internal rulles •does not cooperate; Obsah obrázku text, kniha Popis byl vytvořen automaticky Importance of information and privacy today •Our society as a society of information, more and more people are engaged in processing of information in their profession • •Information as a commodity • •Some information touches the personal spheres of individuals • •Privacy becomes one of the most discussed aspects of human life The requirement of ethics Special sensitivity of health information The legal concept of privacy • Charter of Fundamental Rights and Freedoms (Art. 10) • •Everyone has the right to preserve his dignity, honor, reputation and protect his name. • •Everyone has the right to protection against unauthorized intrusion into private and family life. • •Everyone has the right to protection against unauthorized gathering, publication or other misuse of his personal data • Privacy Personal rights Specific regulations in healthcare The rules of the Civil Code Protection of human appearance > How to obtain a consent Confidentiality of a healthcare professional •(Medical secret) • Privacy contra Confidentiality •Protection from identifying and collecting personal data • •Protection against unauthorized access to information • •Protection from capturing photographs, recordings and records • •Preventing the spread of information to which the medic gained access • •Even if you obtained that information legally • Law on Healthcare Services Who is bound by the obligation of confidentiality? • •Health workers and other professionals in connection with the exercise of their profession, including those who are no longer in employment, and information obtained in connection with the former exercise of the profession of healthcare professional • •Persons acquiring competence to pursue the profession of healthcare professional (aka students) “Medical secret” Confidentiality conceived in very broad terms •All facts with which healthcare professionals meets •Diagnosis • •Medical procedure • •Information about relatives (family history) • •Any information regarding patient • • > Obsah obrázku box, kreslení Popis byl vytvořen automaticky Medical documentation •What do you imagine under it? • •Writing doctor into papers? • •Is it really just a paperwork? • •It would be impossible to cure anyone rationally in practice without medical documentation! • •Medical documentation contains a lot of confidential data and therefore deserve special protection and treatment! • • Remember! Medical documentation always contains sensitive personal data!!! • • •Mrs Hancock was treated in her teens with anorexia, she underwent two abortions by her request and is HBsAg positive and has been diagnosed with cervical cancer; she lives with her mother, who is on a disability pension due to schizophrenia and a sister who is a prostitute. Her father shot himself when she was little. • Maintenance of a medical records Medical documentation • •The law imposes to keep medical records conclusively truthfully and legibly! The information in it must be continuously and promptly updated • •Correction of an erroneous entry in the documentation is done by striking out with one line (the entry, even the erroneous one, must remain legible) • •It always must be clear who carried which notation! • Access to a medical documentation Healthcare professionals •persons with the legal capacity to practice the medical profession • •in direct connection with the provision of health services • •to the extent strictly necessary for the pursuit of the profession • •to perform tasks under HcAct or other legal regulations • •when assessing the correct procedure for providing health services • Patient Family, relatives, survivors of the deceased Students and a medical documentation • •Persons preparing for the profession of a medical professional may inspect the medical documentation to the extent strictly necessary for teaching. • •The patient may prohibit access to his medical documentation to students. • •NO COPIES AND EXTRACTS (possible only with the express consent of the patient) • • Sanctions • •The Health Services Act imposes penalties for improper management of medical documentation. • •The unauthorized disclosure of the information contained in the medical documentation is always a violation of the mandatory confidentiality • Information requests about the health status of a patient by persons other than the patient Family of a patient Disclosure of health information • •Information about health of a patient are being given by the attending medical personnel! • •Students of medical faculties do not give any information about health of patients to anyone, even family members of the patient! • When is it possible to breach a confidentiality? How to obtain a consent Information on patients' health requested by public authorities Obligation to notify Remember! Conclusion Sanctions for unauthorized breach of confidentiality Criminal penalties Administrative sanctions Private Law Penalties Disciplinary sanctions Thank you for your attention