Review of privacy laws – impact on health
Doctors would be required to forward medical files to a patient’s new physician if requested, under recommendations made as part of a wide ranging review of privacy laws.
Tougher rules would also apply to the handling of medical records when a doctor died, retired or merged a practice.
David Weisbrot, the president of the Australian Law Reform Commission, which compiled the 2,700 page report, revealed that public consultations had turned up repeated instances of patients’ privacy being jeopardised, because medical records had been left unsecured.
Under the report’s recommendations, anyone who came into possession of a set of medical records after a doctor retires or dies (eg; the executor of the doctor’s estate, or whoever is in control of the records), or after a practice merger, would be obliged to contact each of the patients concerned.
Where moderated access is an issue (eg; suspected or diagnosed mental illness, which could cause distress if seen by the patient), the report recommends a new mechanism be created, which would involve the doctor handing information to an independent moderator.
The moderator would then deal with the patient, but still withhold information that could for example, tip an already distressed or disturbed patient towards suicide.
