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Education toolkits for general practice

Introduction to My Health Record in general practice - Chapter 8

Consent

Last revised: 15 May 2020

Under the My Health Records Act 2012, healthcare provider organisations are authorised to collect, use and disclose health information in a healthcare recipient’s My Health Record for the purpose of providing healthcare to the recipient, subject to any access controls set by the recipient.

When can I view and upload information to a patient’s My Health Record?

  • As a healthcare provider, you can access an individual’s My Health Record for the purpose of providing healthcare to that person
  • The healthcare provider does not need to obtain consent from the patient on each occasion prior to viewing or uploading information
  • The patient does not need to review clinical information prior to the upload
  • The patient does not need to be present when the healthcare provider is accessing the record

Some caveats

  • If a patient explicitly asks you not to upload particular information to My Health Record, you must comply with that directive
  • It is prudent to discuss the information you are planning to upload with your patient if that information is of a sensitive nature
  • You should act in accordance with state and territory laws pertaining to consent and the disclosure of sensitive information (eg, with regard to the publication of HIV results)
  • Seek MDO advice if you are unclear on the legislation governing consent/disclosure of sensitive in your state/territory
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