Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)

I move amendment No. 27:

In page 14, between lines 25 and 26, to insert the following:

“(b) The Executive shall retain, for a prescribed period, a record that the patient or appropriate person acknowledged that he or she had been informed of the matters referred to in paragraph (a) prior to the restriction of access to all or part of his or her Electronic Health Record in accordance with subsection (1).”

This section provides for a patient’s right to restrict access to their electronic health record by health services providers but in advance of any restriction being applied, the HSE is obliged to inform the patient that such a restriction could impact on the quality of care they receive. The amendment allows for a record to be retained of any such conversation so as to show that it did take place and perhaps to help with any misunderstandings at a later date.

Amendment No. 40 is consequential to that and provides for an additional provision to be inserted to allow for regulations in respect of the form, manner and length of time that that record should be retained. I am to consult with the Data Protection Commissioner and other stakeholders in that regard. It is important to note that a health service provider may override the restriction and access restricted information contained within the electronic health record in order to protect the vital interests of the patient. If that does happen, the patient concerned can be advised by the HSE as to the reason.