Timmy Dooley (Clare, Fianna Fail)
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222. To ask the Minister for Health the proposals in place to ensure that general practitioners' medical files are transferred between doctors when the need arises; and if he will make a statement on the matter. [9813/15]

Timmy Dooley (Clare, Fianna Fail)
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223. To ask the Minister for Health the procedures that are in place to ensure the recovery of patient files from general practitioners who fail to transfer patient files to another practice when requested to do so; and if he will make a statement on the matter. [9820/15]

Kathleen Lynch (Cork North Central, Labour)
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I propose to take Questions Nos. 222 and 223 together.

Paragraphs 22 and 23 of the General Medical Services 1989 Capitation Contract make provision for a medical practitioner to keep adequate clinical records and for the transfer of those records or a summary of same when a GMS patient is transferring to the list of another GMS contract holder.

Paragraph 23 states as follows:

“When a person on the medical practitioner's list is transferred to the list of another medical practitioner providing services under section 58 of the Health Act 1970, the former medical practitioner shall, subject to the written consent of the person (or in the case of a child, his parent) give to the second medical practitioner a summary of the medical history and condition of the patient.

On the death of a participating medical practitioner, the health board shall arrange through the General Manager for the transfer of the records of his GMS patients to the doctor providing services for these patients. Where it is necessary to take custody of the records this should be done by the appropriate General Manager.

Where a participating medical practitioner retires or resigns from the GMS Scheme the health board should inform each patient, when notifying him of the name of the new doctor, that the records are being transferred to this doctor. The patient should be notified that if he does not agree to the transfer of his records he should indicate this to the health board within fourteen days of the notification. Records deposited with the General Manager may be destroyed after a reasonable time.”

The Medical Council’s Guide to Professional Conduct and Ethics for Registered Medical Practitioners (7th Edition 2009)states that the doctor has a duty to maintain accurate and up-to-date patient records either in manual or electronic form and that doctors are expected to be aware of his/her obligations under the Data Protection Acts. The Guide also states that patients are entitled to receive a copy of their own medical records, provided this does not put their health (or the health, safety or privacy of others) at risk and that this right of access is provided for by law.

The Guideline also states that if a doctor decides to withdraw their services, either as an individual practitioner or as part of a team or group that has decided to withdraw care, when alternative medical care is in place, he/she should transfer the patient’s medical records without delay.

If issues arise regarding the transfer of a GMS patient’s records to their new GMS GP, the patient may seek advice from their local health office.

If issues arise regarding the transfer of a private patient’s records to another GP, the patient may seek advice from the Medical Council.