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Patient Rights - Law 26,529

The new law on patients' rights is through legislation to regulate many matters that until now were only recognized by the Court: clinical history and informed consent.

also is the first legal precedent in our country about advance directives will.

In the next post develop it some more.

Here goes ...

Patient Rights - Law 26,529

26,529 Law - PUBLIC HEALTH - Patient Rights in Relation to Professionals and Institutions of Health.

[1]
Published in BO: 20/11/2009

The Senate and House of Representatives the Argentina nation in Congress assembled, etc. Act enact as:

PATIENT RIGHTS, MEDICAL HISTORY AND CONSENT

SECTION 1 - Scope. The exercise of the rights of patients, in terms of autonomy, information and clinical documentation, is governed by this law.

Chapter I

PATIENT RIGHTS IN RELATION TO THE PROFESSIONALS AND INSTITUTIONS OF HEALTH

SECTION 2 - Patient Rights. Rights are essential in the relationship between patient and professional or health, or health insurance agents, and any effector concerned, the following:
a) Assistance. The patients, mainly children and adolescents have the right to be assisted by health professionals, without prejudice and discrimination on any product of their ideas, religious, political, socioeconomic status, race, sex, sexual orientation or any other status. The only professional acting may discharge the duty of care, when actually taken delivery of patient other competent professional
b) Treatment with dignity and respect. The patient has a right to agents involved in the health system, will give a dignified treatment, with respect to their personal and moral convictions, mainly related to their sociocultural, gender, modesty and privacy, whatever condition that is present and is extended to family members or companions;
c) Privacy. All medical activity - assistance aimed at obtaining, classifying, use, manage, store and transmit information and clinical documentation of the patient must observe strict respect for human dignity and autonomy, as well as due safeguarding the privacy of himself and the confidentiality of sensitive data, subject to the provisions contained in Law No. 25,326;

d) Confidentiality. The patient has the right to any person involved in the processing or handling of clinical documentation, or access the content thereof, with due reserve, unless expressly provided otherwise issued by competent judicial authority or authorization from the patient ;
e) Autonomy of the Will . The patient has the right to accept or reject certain medical procedures or therapies or biological, with or without expression of the facts, as well as to revoke later manifestation of the will. Children and adolescents have the right to intervene in terms of Law No. 26,061 to the purposes of making decisions about therapies or medical procedures involving biological or her life or health;

f) Health Information. The patient is entitled to receive necessary health information related to its health. The right to health information includes the right not to receive such information.

g) Medical Interconsultation. The patient is entitled to receive written health information in order to get a second opinion on diagnosis, prognosis or treatment related to his health.

Chapter II

OF HEALTH INFORMATION

SECTION 3 - Definition. For the purposes of this law, health information means that you, in a clear, sufficient and appropriate to the patient's ability to understand, report on their health, studies and treatments that may be made and the likely need outcomes, risks, complications or consequences thereof.

SECTION 4 - Authorization. Health information may only be provided to third parties, with patient permission.

Where the patient's inability or failure to understand the information because of their physical or mental, it will be offered to his legal representative or, failing that, the spouse residing with the patient, or the person who, without being a spouse, living together or in charge of care or care of himself and relatives to the fourth degree of consanguinity.

Chapter III

INFORMED CONSENT

SECTION 5 - Definition. Be understood to mean by informed consent, sufficient declaration of intent made by the patient or their legal representatives if any, issued upon receipt, by a professional speaker, clear, accurate and appropriate with respect to: a) Your condition health; b) The proposed procedure, specifying the objectives, c) The expected benefits of the procedure; d) The risks, discomfort and adverse effects expected; e) The specification of the alternative procedures and their risks, benefits and losses related to the proposed procedure; f) The likely consequences of non-completion of the proposed procedure or the specified alternative.

SECTION 6 - Mandatory. Every performance in medical-health, whether public or private, requires, in general and within the limits established by regulation, the patient's informed consent.

SECTION 7 - Instrumentation. Consent will be verbal with the following exceptions, in which shall be in writing and duly signed: a) Inpatient b) surgical intervention; c) invasive diagnostic and therapeutic procedures, d) Procedures that involve risks as determined by the regulations of this law, e) revocation.

SECTION 8 - Exposure for academic purposes.

required patient consent or otherwise, the legal representatives, and health professional exhibitions for intervening before academics, prior to the completion of such exposure.

Article 9 - Exceptions to informed consent. The health professional shall be exempted from requiring informed consent in the following cases: a) When a serious act of intimidation alters danger to public health; b) When an emergency act of intimidation alters with grave danger to the health or life of the patient, not could give consent by themselves or through their legal representatives.

The exceptions provided in this Article shall be credited in accordance with the established regulations, which must be interpreted restrictively.

ARTICLE 10. - Reversed. The decision of the patient or his legal representative, as to consent or refuse the above treatments may be revoked. The acting professional must abide by that decision, and to place on record it in history, taking the case all the formalities that are necessary to demonstrate conclusively that the late expression of will, and that it was adopted in knowledge of foreseeable risks that it entails.

Where the patient or his legal representative may revoke the refusal given indicated treatments, the acting career that decision sóloacatará whether to maintain the patient's health conditions from time to time advised that such treatment. The well-founded decision will settle the professional acting on clinical history.

ARTICLE 11. - Advance Directives. Everyone capable adult can provide advance directives about their health and may consent or refuse certain medical treatment, preventive or palliative, and decisions concerning their health. The directives will be accepted by the physician, except those involving developing practice of Euthanasia, which have to exist.

Chapter IV

OF THE MEDICAL HISTORY

ARTICLE 12. - Definition and scope. For the purposes of this law, understood by medical history, chronological binding document, numbered and complete stating the patient any action taken by professionals and allied health.

ARTICLE 13. - Medical records.

The content of medical records, on magnetic media can be drawn up subject to arbitrate all means ensure the preservation of its integrity, authenticity, fastness, durability and recoverability of the data contained therein in a timely manner. To this end, it must adopt the use of restricted access with identification keys, non-rewritable storage media, control of modifying fields or any other useful technique to ensure integrity.

The regulations provide supporting documentation to be retained and appointed officials who will be responsible for safeguarding the same.

ARTICLE 14. - Ownership. The patient owns the medical record. At the simple request to be provided with a copy thereof, certified by a competent authority of the institutional care. Delivery will be made within forty-eight (48) hours of request, except in case of emergency.

ARTICLE 15. - Seats. Without prejudice to the preceding articles and as provided in the regulations, the clinical history should establish: a) The starting date of their making; b) Details identifying the patient and family, c) Details identifying intervener and professional specialty; d) clear and accurate records of acts performed by professionals and auxiliary speakers e) genetic background, physiological and pathological if any; f) Every medical act performed or directed, whether it be prescription and supply of medications, performing treatments, practices, and complementary major studies related to diagnosis presumptive certainty if any, proof of involvement of specialists, diagnosis, prognosis, procedure, evolution and all other activities inherent in particular medical admissions and discharges.

seats that correspond to the provisions of paragraphs d), e) f) of this Article shall be made based on classifications and universal models adopted and updated by the World Health of , that the enforcement authority established and updated by regulation.

ARTICLE 16. - Integrity. Part of history, informed consent, the leaves of medical indications, the forms of nursing, surgical protocols, dietary requirements, studies and practices carried out, rejected or abandoned, debiéndose accompanied in each case, a brief summary of the act aggregation and disaggregation authorized to record the date, signature and seal of professional acting.

ARTICLE 17. - Uniqueness. The medical history is unique within each public or private care facility and should identify the patient by means of a "uniform key", which should be communicated to it.

ARTICLE 18. - Inviolability. Depositories.

The history is inviolable. Public hospitals or private health professionals, as holders of private clinics, are responsible for their care and custody, assuming the character depositary thereof, and shall implement the necessary means and resources to prevent access to the information contained therein by unauthorized persons. For the custodians they are extensive and apply the provisions of contract are set out in Book II, Section III, Title XV of the Civil Code, "the tank", and similar norms.

The requirement in the preceding paragraph shall govern for the minimum period of ten (10) year statute of limitations of contractual liability. That period runs from the last performance recorded in history and defeated the same, depositary will have the same in the manner and form determined by regulation.

ARTICLE 19. - Standing. Provides that are entitled to request medical records: a) The patient and his legal representative; b) the spouse or person residing with the patient in the union, whether or not of different sexes as determined by the regulatory accreditation and the heirs, if any, with patient permission, unless that person is unable to give it; c) Physicians and other professionals in the art of healing, when they have express permission from the patient or his representative legal.

for these purposes, the depositary must have a copy of medical records by way of back-up, coating the copy all the formalities and guarantees due to the original. They may also be released, where appropriate, certified copies of the respective health authority medical records, noting the person making the measure, monitor their data, reasons and other considerations that are necessary.

ARTICLE 20. - Negative. Action. All persons authorized under the terms of Article 19 of this law, from the negative delay or silence the person responsible is responsible for safeguarding the history, have the practice of direct action of "habeas data" to ensure access and obtain it. In such action is how to process print in each jurisdiction is most suitable and fast.

in national jurisdiction, this action is exempt from legal expenses.

ARTICLE 21. - Penalties. Without prejudice to criminal or civil liability that may correspond to, breaches of the obligations arising from this Act by practitioners and of health care facilities constitute serious misconduct, be liable under national jurisdiction to the penalties provided in Title VIII of the Act 17 132-Legal Regime Exercise Medicine, Dentistry and Related Activities of the same-and, local jurisdictions will be subject to the penalties of a similar nature that correspond with the legal system of medical practice in force at each of them.

Chapter V

GENERAL

ARTICLE 22. - Authority national and local implementation. The authority for implementing this law in national courts, the Ministry of Health of the Nation , and in each of the provinces and autonomous city of Buenos Aires, the highest local health authority.

invite provinces and the Autonomous City of Buenos Aires , to adhere to this law as it is a matter of the sanctions regime and the benefit of free on access to justice.

ARTICLE 23. - Term. This law is of public order, and will take effect from NINETY (90) days from the date of publication.

ARTICLE 24. - Rules. The Executive Branch shall regulate this law within NINETY (90) days after its publication.

ARTICLE 25. - Communicate to the Executive.

DADA EN LA SALA DE THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE TWENTY DAY OF OCTOBER TWO THOUSAND NINE. - Julio Cobos CC. - EDUARDO A. Fellner. - Enrique Hidalgo. - John H. Estrada.