Health Information Act 2026
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Regulations in relation to accessing Electronic Health Record | ||
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16. (1) Subject to subsection (4), the Minister may, having regard to the matters specified in subsection (2), make regulations for the purpose of enabling access to an Electronic Health Record. | ||
(2) When making regulations under subsection (1), the Minister shall have regard to the following: | ||
(a) the need to improve a patient’s access to, and control over, his or her personal health data; | ||
(b) the need to improve health outcomes for patients and patient safety; | ||
(c) the benefits of integrated care and treatment of patients; | ||
(d) the need to ensure the efficient use of resources in the delivery of health services; | ||
(e) the need to ensure the effective and efficient management and delivery of health services; | ||
(f) the need to improve the interaction of patients with health practitioners; | ||
(g) when the regulations relate to patients who are children, the best interests of the class or classes of child specified in the regulations, having regard to the age and maturity of such class or classes of child and such other matters as the Minister considers appropriate for the purposes of the regulations; | ||
(h) the views of such persons as the Minister has consulted under subsection (4). | ||
(3) Notwithstanding the generality of subsection (1), regulations under that subsection may provide for all or any of the following: | ||
(a) measures to permit a patient to access all, or a specified part, of his or her Electronic Health Record; | ||
(b) measures to permit a patient to authorise a named person or persons to access all, or a specified part, of the patient’s Electronic Health Record; | ||
(c) measures to permit an appropriate person to access all, or a specified part, of a patient’s Electronic Health Record; | ||
(d) an additional class or classes of person who may act as an appropriate person on behalf of a patient or class or classes of patient; | ||
(e) measures to permit a patient to restrict access by a health services provider to all, or a specified part, of his or her Electronic Health Record under section 14 (1); | ||
(f) measures to permit an appropriate person to restrict access by a health services provider to all, or a specified part, of a patient’s Electronic Health Record under section 14 (1); | ||
(g) the form and manner in which restriction of access to a patient’s Electronic Health Record may be amended or modified by a patient or an appropriate person under section 14 (2); | ||
(h) the form and manner in relation to which, and period during which, a record under section 14 (3)(b) shall be retained by the Executive; | ||
(i) the form and manner in relation to which, and period during which, a record under section 14 (4)(b)(i) shall be retained by the Executive; | ||
(j) the form and manner in which a record under section 14 (4)(b)(i) may be made available to a patient; | ||
(k) measures to permit the Executive to restrict the application of section 15(1); | ||
(l) such additional, incidental, consequential or supplemental matters as the Minister considers necessary or expedient for the purposes of giving full effect to the regulations. | ||
(4) Prior to making regulations under subsection (1), the Minister— | ||
(a) shall consult— | ||
(i) any other Minister of the Government as he or she considers appropriate having regard to the functions of that other Minister of the Government, and | ||
(ii) the Data Protection Commission, | ||
and | ||
(b) may consult any other person the Minister considers appropriate. |