Act No. 260 / 2001 Coll.
Act amending Act No. 20 / 1966 Coll., on the Care of People's Health, as amended
Valid
Law
Effective from 01.08.2001
Text versions:
01.08.2001
25.07.2001
260
THE LAW
of 26 June 2001
amending Act No. 20 / 1966 Coll., on the Care of People's Health, as amended
Parliament has decided on this law of the Czech Republic:
In Act No. 20 / 1966 Coll., on the Care of People, as amended by Act No. 210 / 1990 Coll., Act No. 425 / 1990 Coll., Act No. 548 / 1991 Coll., Act No. 550 / 1991 Coll., Act No. 590 / 1992 Coll., Act No. 15 / 1993 Coll., Act No. 161 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 164 / 1995 Coll., Act No. 206 / 1996 Coll., Act No. 71 / 2000 Coll., Act No. 123 / 1997 Coll., Act No. 132 / 2000 Coll., Act No. 149 / 1997 Coll., Act No. 83 / 1998 Coll., Act No. 167 / 1998 Coll.
PROCESSING OF PERSONAL DATA RELATED TO HEALTH INSURANCE
The processing of personal data (11b) under this Act means the processing of personal data in the management and further handling of personal data in the National Health Information System (NZIS).
Medical documentation
(1) Healthcare establishments are required to keep a medical file.
(2) The medical documentation shall include:
(a) personal data of the patient to the extent necessary to identify the patient and establish a history;
(b) information on the patient's illness, the course and outcome of the examination, treatment and other relevant circumstances related to the patient's condition and the procedure for providing healthcare.
(3) Each separate part of the medical file shall contain the patient's personal data to the extent necessary for its identification and identification of the medical establishment that prepared it.
(4) The entry in the health file must be kept in evidence, truthfully and legibly; is continuously supplemented and must bear the date of registration, identification and signature of the person making the registration. Corrections to the health file shall be made by a new entry indicating the date of the repair, identification and signature of the person who made the repair. The original record must remain legible.
(5) Medical documentation may be kept on a record medium in the form of text, graphic or audiovisual. The data contained in the medical file shall be kept in paper form or electronic form. Data from the medical file can only be translated from paper form into electronic form provided that the paper form is kept at the same time.
(6) The entry of the medical file into a computer storage medium which does not contain a guaranteed electronic signature shall be converted into a paper medium (press release), shall be dated and signed by the person who made the entry and shall be included in the patient's medical file. In so doing, individual press reports shall be considered as separate parts of the medical documentation.
(7) If medical documentation is maintained only on computer storage media, the registration of medical documentation may be carried out only under the following conditions:
(a) all separate parts of the medical file contain the guaranteed electronic signature of the person who carried out the registration, in accordance with special legislation, 11c)
(b) security copies of data files shall be made at least once per working day;
(c) a copy of the archive copies is provided after the expiry date of the registration;
(d) the storage of archive copies which are produced at least once a year shall be carried out in a way which prevents additional interference.
(8) When storing archival copies of data on computer storage media, access to and legibility of data (usability) shall be ensured for at least the period prescribed for archiving medical documentation.
(9) The rights and obligations in the processing of personal data relating to healthcare provision are governed by a special law. 11b)
(10) They may consult the medical documentation to the extent strictly necessary to fulfil a specific task within the scope of their competence.
(a) doctors, nurses, rehabilitation workers, pharmacists, clinical psychologists and clinical loops in connection with the provision of health care;
(b) authorised members of the relevant chamber (10) in the investigation of cases subject to disciplinary powers of the relevant chamber;
(c) medical practitioners of health insurance companies to the extent provided for by specific legislation, 11d)
(d) medical experts to the extent necessary for drawing up an expert opinion given by law enforcement authorities or courts;
(e) medical practitioners entrusted with the handling of specific complaints, review proposals and suggestions in administrative proceedings, to the extent resulting from the complaint, the proposal for review or the initiative in administrative proceedings;
(f) medical practitioners of the State Office for Nuclear Safety to the extent provided for by specific legislation, 11e)
(g) members of expert committees;
(h) authorised health professionals of the public health authority;
(i) doctors of social security institutions in the assessment of health status and working capacity for the purposes of benefits and social security services, pension insurance, state social assistance, doctors of employment authorities and doctors of district management and civil services; the obligations of health care institutions towards social security authorities in matters of medical documentation are laid down in specific legislation, 11f)
(j) staff of the State in health institutions, staff of the contributory organisations which are health institutions, and staff of operators of other health institutions providing for such facilities the processing of personal data 11b) in the management and management of health documentation;
(k) staff of the State in the organisational component of the State (§ 67c (3)), which ensures the performance of the tasks of the NZIS which ensure the processing of personal data 11b) and information on the health status of the population, and staff responsible (§ 67c (3) or established (§ 67d (2)) of processors who ensure the processing of personal data 11b) and information on the health of the population.
(11) Persons eligible for the medical profession (Section 53 (1)) may only consult the medical file to the extent strictly necessary and in patients designated by the authorised health professional of the healthcare establishment, which ensures the practical teaching of persons eligible for the medical profession; their written consent or, where appropriate, the consent of their legal representatives is required to consult the medical documentation of such patients. There is no need for patient consent if it is not possible to obtain it due to the patient 's medical condition. Persons acquiring competence under the first sentence shall be required to maintain confidentiality of the facts of the medical file.
(12) The patient shall have the right to receive all information collected in the medical file concerning his or her person and in other entries relating to his or her health status; The patient must not learn information about the third person from the information communicated to him about his health. For persons under the age of 18 or persons deprived of legal capacity, they shall be entitled to the information referred to in the first sentence by their legal representatives.
(13) In the event of a change in the treating physician, the current physician is obliged to provide the newly elected physician with all information necessary to ensure the continuity of the provision of health care.
(14) The storage and shredding of medical documentation is governed by specific legislation. 11g) The Ministry of Health provides for the period of archiving medical documentation by decree. The storage and shredding of medical documentation is the responsibility of the medical facility.
National health information system
(1) NZIS is a single national information system
(a) to collect and process information on the health status of the population, on health institutions, their activities and the economy, in order to guide the provision of health care, establish the concept of state health policy, health management and statistics;
(b) to maintain national health registers;
(c) the provision of information to the extent specified by legislation, respecting the conditions for the protection of citizens' personal data, including the provision of information to international institutions;
(d) use of information in the framework of medical research.
(2) Medical establishments shall provide the information referred to in paragraph 1 (a), unless they provide it under special legislation, 11h, to the extent and in a manner specified by the Ministry of Health in a measure published in the Collection of Laws. The Ministry of Health shall discuss the extent of the information required and the manner in which it is provided with representatives of professional organisations, (3) representatives of professional companies and representatives of health care establishments, who shall demonstrate that they represent at least 20% of the health care establishments of the type concerned providing adequate form and type of healthcare. The Ministry of Health shall convene the meetings referred to in the preceding sentence by means of a notification in the Medical Newspapers and on its website, at least 30 days before its implementation.
(3) The implementation of the tasks of the NZIS is ensured by the Institute of Health Information and Statistics of the Czech Republic (hereinafter referred to as the Statistical Institute) established by the Ministry of Health. (b) other processors.
National health registers
(1) National health registers (hereinafter referred to as "registries") are established as part of the NZIS, in particular for registration and monitoring
(a) patients with selected socially serious diseases and diseases for diagnostic and therapeutic purposes and monitoring the development, causes and consequences of these diseases and conditions;
(b) selected blood donor groups.
(2) The individual registers are set up and repealed by the Ministry of Health, which at the same time sets out the substantive and technical conditions for their operation, including the list of data collected, the amount and the source of funding, and also sets out for each register their processors. 11i) Information on the establishment of registers containing data in the first sentence is published in the Ministry of Health Bulletin.
(3) The processing of personal data contained in registers shall be carried out in accordance with specific legislation. 11b)
11b) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended by Act No. 227 / 2000 Coll.
11c) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature).
11d) Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended.
11e) § 3 (2) (h) of Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the amendment and addition of certain laws.
11f) Paragraph 16 (1) of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended.
11g) Act No. 97 / 1974 Coll., on archiving, as amended.
11h) Act No. 89 / 1995 Coll., on the State Statistical Service, as amended.
11i) § 4 (j) and (k) of Act No. 101 / 2000 Coll. '.
The fifth and sixth parts shall be referred to as the sixth and seventh parts.
Efficacy
This Law shall take effect on the first day of the month following that of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 260 / 2001 Coll., amending Act No. 20 / 1966 Coll., on People's Health Care, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.07.2001 |
|---|---|
| Effective from | 01.08.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0