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Restrictions on access to Electronic Health Records
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14. (1) Subject to this Part, a patient or an appropriate person may, in the prescribed form and manner, restrict access by health services providers to all or part of the patient’s Electronic Health Record.
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(2) A patient or an appropriate person may, in the prescribed form and manner, amend or modify a restriction made under subsection (1).
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(3) (a) The Executive shall inform a patient or an appropriate person that restricting access to the patient’s Electronic Health Record shall mean that, when providing care and treatment to the patient, a health services provider will not be able to take account of any information contained in the Electronic Health Record that he or she does not have access to by virtue of the patient’s restriction of such access and therefore such restriction may have an adverse impact on the provision of care and treatment to the patient.
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(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).
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(4) (a) A health services provider may access such part of a patient’s Electronic Health Record in relation to which access is restricted in accordance with subsection (1) (in this subsection referred to as “restricted information”) where he or she considers that access is necessary in order to protect the vital interests of the patient.
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(b) Where a health services provider accesses restricted information the Executive shall—
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(i) retain, for a prescribed period, a record in relation to the matter, including the reason given by the health services provider for his or her decision to access the restricted information, and
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(ii) make available to the patient concerned, in the prescribed form and manner, a copy of the record referred to in subparagraph (i).
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