Apologies for the late response but I have been busy over the last few days.
I hope Diana Kloss will not object to me quoting her book verbatim on this subject
Occupational Health Law 5th edition p68
3.5 Relationships with other health professionals
It is a breach of confidence to disclose facts about the patient even to another doctor or nurse, so that, if such disclosure is to be made , it must be justified as in the patient's or public interest or by showing that the patient either expressly or impliedly agreed.Where a patient is in the care of a team of of health professionals , it is fairly easy to imply that he is willing to allow members of the team access to his records.. Communication with the patient's general practitioner , or to another occupational physician employed by a different organisation (which may include a company in the same corporate structure but legally separate) should normally be only with his consent unless there is some special reason why the information should be transferred in the patient's or public interest. This means that, if the employee moves to a different employment , he should be asked to give written consent to the transfer of medical records to his new employer. The need for care in such cases is illustrated by one case where an occupational physician routinely notified an employee's general practitioner of the employee's raised blood pressure.Later , the man failed to obtain life assurance because the insurance company insisted on a medical report from the GP.
I can see a few ways around this.
Ask employee to write something in the notes to say he is happy for the information/ return to work plan to be shared with his GP.
Give him a copy of the report and suggested modifications and suggest he discusses it with the GP. Then if he does, the information will have been shared. If he doesn't, he would not have consented anyway.
If medical certificate/fit notes have been supplied with GP address on it, them,HR can share their copy of the recommendations and suggest collaboration to assist employee to return/ stay at work.
Cheers
Diane Romano-Woodward
RN RSCPHN-OH BSc M Med Sc.(Occ Health)
Sunny Blue Sky Limited
Company Number 06865212
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