First Moscow State Medical University The medical secrecy Ivanova M.V.- student of PMGMU Scientific supervisor – Bogovskaja E.A.
The concept of medical secrecy: • Medical secrecy is medical, legal, social concept, which prohibits for medical worker to give other people information about the state of health of the patient, his diagnosis, the results of treatment, the fact of seeking medical help and information about personal life, which were received during treatment.
The confidentiality of medical secrecy is one of the principles of health protection in Russian Federation and medical workers are obliged to keep it, including medical staff, students of medical universities and other employees, which have an access to the information about patient.
The sources: • The Constitution of Russian Federation • The Federal Law of Russian Federation of 27 july 2006 №152 – FZ «About personal data» • The Federal Law of Russian Federation of 21 november 2011 №323 –FZ «About the basis of health protection of citizens in Russian Federation».
It is prohibited to disclose the information, which is considered to be medical secrecy, including the death of a person, by people, who found out this information, during: • Studying • Following to labour • Official • Work • And other obligations except for the cases, provided by law
With the written agreement of citizen or his official representative it is allowed to disclose the information, which is considered to be medical secrecy to other citizens, including officials, in order to medical examination and making, scientific researches, publishing them in scientific resources, using in the process of studing and etc.
The provision of information, which is considered to be medical secrecy is allowed without written agreement of citizen or his official representative 1) In order to providing medical examination and treatment of the citizen, if he cant expose his will
2) in case of threat of extension of infectious diseases, mass poisoning and destruction: • Tuberculosis • Hepatitis B and C • HIV • Helminthiases • Fevers caused by arthopods • Diphteria • Malaria • Plague • Siberian plague • Cholera • Pediculosis • Glanders • Leprosy • Sexually transmitted disease
3)upon request of the police or court in course of the investigation or court proceeding
4) in case of provision of medical assistance to an individual under 15 (16) for the purposes of informing one of his parents or a legal representative 5) for the purposes of informing the bodies of internal affairs of arrival of a patient with regard to whom there are sufficient grounds to suppose harm to his health to be caused by unlawful actions 6) for the purposes of conducting a military-medical expertise upon requests of military commissariats, personnel departments and military-medical (aviation physical) commissions of the federal executive bodies
7)for the purposes of investigation of an employment injury and professional disease 8) in course of exchange of the information between medical organizations, including that placed on medical informational systems, for the purposes of provision of medical assistance considering requirements of the Russian legislation on personal data protection 9) for the purposes of exercising accounting and control within the insurance system 10)for the purposes of exercising control with regard to quality and safety of medical activities
In accordance with point 5 of clause 59 of the Federal Law №323 dated November 21, 2011“On the Fundamentals of Citizen’s Health Protection in the Russian Federation”: When a disability sheet is drawn up, then for medical confidentiality purposes reference shall be made only to the cause of temporary disability (a disease, injury or another cause). On the citizen's written application information on the diagnosis of the disease may be entered in the disability sheet. For a long time the above norm has not been recognized by the state and employers have been aware of their employees’ disease.