Disclosure of health information in health information management system under legal process
217A Disclosure of health information in health information management system under legal process
This section applies if a legal process requires the Department CEO to disclose health information to a person or court and the health information is —
about or in relation to a patient; and
contained in a health information management system.
The legal process may be complied with by —
the Department CEO; or
if the information was collected by a health service provider — the health service provider; or
if the information was collected by a former public hospital — the successor health service provider for the former public hospital.
The Department CEO may direct that a health service provider comply with the legal process if the Department CEO considers it is appropriate for the health service provider to comply with the legal process and —
the health information was collected by the health service provider; or
both of the following apply —
the health information was collected by a former public hospital;
the health service provider is the successor health service provider for the former public hospital.
If the Department CEO gives a direction under subsection (3), the health service provider must comply with the legal process.
If a health service provider complies with the legal process, the Department CEO is taken to comply with the legal process.
[Section 217 amended: No. 1 of 2023 s. 81.]
This Act’s bill:Explanatory memorandumSecond reading speech
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