Revised legislation carried on this site may not be fully up to date. Access to medical reports act 1988 faculty of occupational. A patient can authorise their solicitor, or another third party, to make a sar on their behalf. Access to medical reports act 1988 this act allows those who have had a medical report produced for the purposes of. Differences between a sar and a request under the access to medical reports act. Guidance for doctors on confidentiality and the access to medical reports act 1988 when providing medical reports. The foi act applies to the hse and to voluntary hospitals as well as to a number of health agencies. The access to medical reports act 1988 requires a specific process, including employers gaining the employees consent to obtaining a report from their own gp. This act is only applicable for access to deceased person. You should read the declaration and sign it to give your consent. You have certain rights under the above actorder and have the right to withhold your consent.
The act states that an employer cannot apply for a medical report from a doctor who has been responsible for a persons physical or mental care without the individuals consent. Alternatively a referral to occupational health can be made. Yes, in most cases you will get access to your own medical records. In relation to reports for employment or insurance purposes, i understand my rights under the access to medical reports act 1988 and have read the summary shown overleaf of my principal rights under this act and. These include where information is exempt or contrary to the public interest to release. The access to medical reports act 1988 covers the legal requirements. Your permission to acquire a report must be obtained in writing, and there is a space at the bottom of this form for you to agree that a report may be obtained. Access to medical reports act 1988 is up to date with all changes known to be in force on or before 27 april 2020. Access to health records british medical association. Employee consent for employer to access medical notes. Access to medical reports act 1988 foreword from the faculty president since its enactment in 1988, the provisions of the access to medical reports act have been utilised in millions of occupational medical transactions. Your rights under the access to medical reports act 1988 or the access to personal files and medical reports northern ireland order 1991.
The access to medical reports act 1988 states that patients should be offered a copy of their medical. May 2008 preface 1 there are significant differences between general and occupational medicine practice. Access to medical reports act 1988 and access to personal files and medical reports northern ireland order 1991. However, there are circumstances in which access to information can be refused. However, it is in the employees best interest to give consent otherwise a medical opinion may have to be formed on limited information. Guidance for occupational physicians on compliance with the.
The access to medical reports act 1988 covers the legal requirements in relation to the above. A model letter to a medical practitioner requesting a medical report where the access to medical reports act 1988 does not apply, for example if seeking a medical report from your. We may need to apply to your doctor for a medical report and, if we do, well need your permission. Access to medical reports act 1988 is up to date with all changes known to be in force on or before 04 february 2020. All requests must be made in accordance with an individuals rights under relevant legislation electronic requests must be processed in accordance with the access to medical reports act 1988 or the access to personal files and medical reports northern. Access to medical report zurich intermediary group. Access to health records of an individual by an authorised person by a court, when the individual does not have the capacity to make such a decision organisations requesting information about an individual for employment or insurance purposes governed by the access to medical reports act 1988. Will i get access to my medical records under the ip act or rti act. In accordance with our equality and diversity policy, bsarcs will provide equal opportunities to any employee or job applicant and will not discriminate either directly or indirectly on the grounds of race, colour, ethnic origin, nationality, national origin, sex, sexual orientation, religion or belief, marital status, age or disability. Access to medical reports act 1988 1988 chapter 28 an act to establish a right of access by individuals to reports relating to themselves provided by medical practitioners for employment or insurance purposes and to make provision for related matters. You have certain rights under the above act order and have the right to withhold your consent. There are a number of situations in which an employer may consider obtaining a medical report on an employee, for example where the employees capability is at issue and this could be for health reasons, or.
Difficulties can arise on a day to day basis when law, such as the access to medical reports act 1988 the act, aimed at. Despite a number of unclear aspects as to when and how it is appropriate to follow these provisions, no case. The access to medical reports act 1988pdf legislation. Scores are processed and added each week, so keep checking in if you cant see yours yet. Access to medical reports medical protection society. When available, your scores are posted online and accessed using your secure act web account. The first governs the rights of living individuals and authorised persons, the second governs access to deceased patients records, and the third outlines the. Access to medical reports act 1988 this is a summary of your principal rights under the act, which is concerned with reports provided for employment or insurance purposes by a medical practitioner who is, or has been, responsible.
Access to medical records policy holbrooks health team. The general information we ask about employees is known as personal data. I have read the access to medical reports act 1988 and fully understand my rights under this act. An act to establish a right of access by individuals to reports relating to themselves provided by. The access to health records act 1990 rights of access to deceased patient health records by specified persons. Access to medical reports act 1988 is up to date with all changes known to be in force on or before. Changes and effects are recorded by our editorial team in lists. You have specific rights in relation to medical reports, which are covered in the access to medical reports act 1988. A health record can be recorded in computerised or manual form or in a mixture of both. Obtain a medical report on an employee tasks tools. The access to medical reports act 1988 covers the legal. Access to medical reports act 1988 this is a summary of your principal rights under the act, which is concerned with reports provided for employment or insurance purposes by the doctor who has been or is looking after you.
There are very few circumstances when a gp will be able to lawfully decline. There are currently no known outstanding effects for the access to medical reports act 1988, section 3. This policy is written in conjunction with the following government legislation. Accessing my medical records office of the information. I hereby consent to a medical report being supplied in confidence to a company medical adviser please provide names of medical advisers below. An act to establish a right of access by individuals to reports relating to themselves. Differences between a sar and a request under the access to medical reports act if the request from the solicitor is for a copy ofsome of the patients medical record, it is a sar. Guidance for occupational physicians on compliance with the access to medical reports act 4 v10. You can ask to see the medical report before the company receives it. You may withhold your consent to an application for a report from your doctor. The following section explains these rights and lists the consents required by the occupational. Access to medical reports act 1988 employer guide there are times when it may be helpful for an employer to have medical information about an employee that might help you manage an employees absence from and return to work. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by. Access to medical reports act 1988 amra from an employment law perspective, this act allows an individual to access any medical report which is, or has been, supplied by a medical practitioner for employment or insurance purposes.
Access to medical reports information we may need to obtain a medical report from your current gp or specialist, or from a doctor youve seen in the past. Access to medical reports act 1988 there are times when it may be helpful for an employer to have medical information about an employee that might help in managing an employees absence from and return to work. The three pieces of legislation governing access to patient health records are the data protection act 1998, the access to health records act 1990 and the medical reports act 1998. Access to medical reports act 1988 fit for work advice hub. The act states that an employer cannot apply for a medical report from a doctor that has been responsible for a persons physical or mental care without your consent. Accordingly, insurance companies should instead use the established mechanism of the access to medical reports act 1988 amra to obtain summary medical reports from general practitioners gps.
The main regulations are the data protection act 1998 and the access to medical reports act 1988, but in addition common law applies and doctors must also take into account any guidance from the general medical council. Notice of statutory rights under the access to medical. An employee can withhold hisher consent to the occupational health specialist having access to any medical report. Explanatory note access to medical records act 1988 this note sets out your statutory rights under the access to medical reports act 1988 and explains the procedure for applying these rights. Access to medical reports act 1988 consent form surnamefamily name forename address date of birth contact details please complete this form to give south gloucestershire occupational health services access to medical information from your gp and specialist. Consent form access to medical reports act 1988 part 1. Do do not wish to have access to the medical report before it is supplied. An act to establish a right of access by individuals to reports relating to themselves provided by medical practitioners for employment or insurance purposes and. Explanatory note access to medical records act 1988. Data protection act 1998 and access to information. Under the act an employer either prospective or existing cannot apply for a medical report from a doctor who has been responsible for your.
The freedom of information act 2014 foi act provides for, among other things, individual right of access to personal records held by public bodies covered by foi unless they are specifically exempt. Difficulties can arise on a daytoday basis when law, such as the access to medical reports act 1988 the act, aimed at. Nov 20, 2009 the law on access to medical reports is unfortunately not always very clear. Legislation and guidance relating to medical records. Employees rights under the access to medical reports act 1988. There are changes that may be brought into force at a future date. The medical reports act 1988 right for individuals to have access to reports, relating to themselves, provided by medical practitioners for employment or insurance purposes. I do do not please delete option irrelevant option wish to have access to the. If the request is asking for a report to be written or it is asking for an interpretation of information within the record this request goes beyond a sar and no.
All other requests for access to information by living individuals are provided under the access provisions of the data protection act 1998. Access to medical reports act 1988 these are the employees rights. Access to medical reports notice of your statutory rights under the access to medical reports act 1988, the access to personal files and medical reports northern ireland order 1991, and the isle of man access to health records and reports act 1993. The access to medical reports act 1988 covers the legal requirements of this situation. What potential remedies does an employee have under the access to medical reports act 1988 amra 1988 andor current data protection legislation if an occupational health provider refuses to first give the employee access to the providers medical report before it is supplied to the employer, despite the employees request for access under. Access to medical reports act 1988 is up to date with all changes known to be in force on or before 01 december 2018. To the company when you grant us permission to obtain it in which case we will tell the doctor of your request and let you know when we apply for the report. Access to medical reports act 1988 amra peninsula uk. You may withhold your consent to an application for the report from a medical.
871 370 668 1316 829 511 1300 791 1177 1496 1653 1192 1339 224 1530 1260 1228 841 303 533 838 1189 1162 1282 1004 379 154 118 787 1466 619 1042 133 190 275 1404 239 169