* Note left atop the paper: The main effect from this bill that starts 18 OCT is that Prescription and Patient information are no longer allowed on Departmental radio transmissions. For any questions, please feel free to reach out to Senator Ramirez.
Subject: Citizens Health Information & Protection Act (CHIP)
Citizen's Health Information Protection (CHIP)
ACT NO. 017-16
Determine and Protect the Health Rights of the Citizens of San Andreas.
THE PEOPLE OF THE STATE OF SAN ANDREAS
DO ORDAIN AS FOLLOWS:
- “Individually identifiable health information” is information relating to the individual's past, present or future health condition and any health care given to an individual.
- “Unsecured Communications" refers to any communication that could reach those who are not at liberty to know such disclosed patient information.
- "Health Provider" refers to any licensed individual who provides care to any individual, be it in prison, private healthcare, or state-funded healthcare.
- "Minor" refers to anyone under the age of 18 years of age.
- "Caregiver" refers to the lawful guardian of a minor.
- "Next of Kin" refers to a person's closest living relative or relatives.
Health Provider Confidentiality
- A Health Provider may not give any private patient information without the patient's express written consent.
- If the patient is a Minor, the caregiver must provide consent for information to be released.
- If the patient is in the care of Child Protective Services, the permission must be obtained from the (Assistant) Head of Child Protective Services, or the Assigned Caseworker of the Child.
- The only exception to this is alerting Law Enforcement through closed communication if a patient is indicating plans to cause violent harm to others or themselves.
- A patient's full healthcare record must be made available in printed form upon request to the patient.
- Evidence collected for criminal prosecution, whether the patient is a suspect or victim, requires either a warrant or patient agreement.
- If a patient is unable to give consent, such as being unconscious and needing emergency care, the next of kin may receive information to determine the best course of treatment for the patient.
Health Care Communication
- A Health Care provider may not give information on a patient through unsecured communications.
- This includes but is not limited to:
- Departmental Radio
- Internal Radio
- Public Areas where conversations may be easily overheard.
- Law Enforcement requesting patient prescription checks must obtain it either in person or through a private phone call, to protect patient privacy.
- It is the duty of the medical professional to verify the use of these checks is by an actual Law Enforcement Officer.
- Patients requesting their own medical records must do so in person.
- Medical records for patients may not be released without a warrant signed by a judge for use in trial, but care must be taken to ensure that the files are not released publicly.
- Records must only be released through the LSFD Commissioner, or the Deputy Commissioner in their absence.
- The (Deputy) Commissioner may not refuse to sign over medical records under court orders, or they shall be held in Contempt of Court.
- Medical Records may be shared among medical professionals only when necessary for the direct treatment of a patient, and the patient shall be notified in writing of the names and reasons their information is shared. This shall include:
Section 4. Violation
- Pharmacists confirming with doctors on proper treatment of a patient.
- Psychologists working with primary care doctors for treatment of a patient.
- Private Doctors working with LSFD Doctors on treatment plans for a patient.
- Any medical professional found in violation of this act will be fined $1,500 for first offense in addition to a report filed with the employing agency.
- Any medical professional found in violation of this act for a second violation will receive twice the fine of the first fine, $3,000, and revocation of medical certification of the individual.
- Reports will be handled by the District Attorney's Office in the Department of Justice
- This bill, if passed, shall come into effect seven (7) days after being signed.
I hereby certify that the foregoing ordinance was passed by the Legislature of the State of San Andreas, at its meeting on this 6th day of October
Approved on this 11th day of October
Lieutenant Governor of San Andreas
im a judge
Most Helpful Member of the Year & Most Likely to Ditch Patrol to do Paperwork 2017