Argentina adopts law on patients' health information
This article was originally published in RAJ Devices
Argentina has adopted its first-ever law aimed at protecting patients’ rights in the context of their relationship with healthcare professionals and institutions.
The new law, which enters into force on 19 February, specifically covers patients’ rights, clinical history and informed consent. Regarding patients’ rights vis-à-vis healthcare professionals and institutions, it sets out the requirements for the provision of information on, among other things, assistance, respectful treatment, confidentiality, free choice and health information, so that patients are able to seek a second opinion if they choose.
The law further states that information provided to a patient about his/her health should be clear, sufficient and presented in a format that is easy to understand. Such information may only be divulged to third parties with his/her authorisation.
Additionally, the law states that informed consent forms should be clear, precise and adequate, and should be used in the following circumstances: for hospitalised patients; surgical interventions; invasive diagnostic procedures; invasive therapeutic procedures; and other potentially high-risk procedures.
A patient’s clinical history, according to the law, should be submitted by healthcare professionals within 48 hours of having received the information, except in emergencies, and it should include: treatment, start date, identification of the patient and family; identification of the professional and his/her specialisation; a clear and precise record of every action taken during treatment; antecedents; and every subsequent action. The law also establishes standards regarding, among other things, the integrity, uniqueness and confidentiality of patient health information.
References
1. Salud Publica, Ley 26.529, Boletín Oficial de la República Argentina, No 31.785, 20 November 2009