Access Your Medical Records

National Health Act, 2003 (Act No. 61 of 2003)

Chapter 2 : Rights and Duties of Users and Health Care Personnel

14. Confidentiality

1) All information concerning a user, including information relating to his or her health status, treatment or stay in a health establishment, is confidential.

2) Subject to section 15, no person may disclose any information contemplated in unless-

a) the user consents to that disclosure in writing;

b) a court order or any law requires that disclosure; or

c) non-disclosure of the information represents a serious threat to public health.

15. Access to health records

1) A health worker or any health care provider that has access to the health records of a user may disclose such personal information to any other person, health care provider or health establishment as is necessary for any legitimate purpose within the ordinary course and scope of his or her duties where such access or disclosure is in the interests of the user.

2) For the purpose of this section, "personal information" means personal information as defined in section 1 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).

16. Access to health records by health care provider

1) A health care provider may examine a user's health records for the purposes of-

a) treatment with the authorisation of the user; and

b) study, teaching or research with the authorisation of the user, head of the health establishment concerned and the relevant health research ethics committee.

2) If the study, teaching or research contemplated in subsection ( 1)(b) reflects or obtains no information as to the identity of the user concerned, it is not necessary to obtain the authorisations contemplated in that subsection.

19. Duties of users

A user must-

a) adhere to the rules of the health establishment when receiving treatment or using health services at the health establishment;

b) subject to section 14 provide the health care provider with accurate information pertaining to his or her health status and-co-operate with health care providers when using health services;

c) treat health care providers and health workers with dignity and respect; and

d) sign a discharge certificate or release of liability if he or she refuses to accept recommended treatment.
 


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