As a courtesy, we actually send them copies of the letter to the GP so that
they know what we are asking, with a covering compliments slip advising them
that the GP letter went in the same post. We then dont have problems about
them "not realising" what we were actually requesting from the GPs. Belt and
braces.
Amanda D
-----Original Message-----
From: Swann, Alan B [mailto:[log in to unmask]]
Sent: 12 May 2003 17:40
To: [log in to unmask]
Subject: Re: Consent Issue
Yes.
The Access to MedRecords Act is quite clear. If the client requests to view
the report, the requester has to inform them when they write to request.
.-(1) An individual who gives his consent under section 3 above to the
making of an application shall be entitled, when giving his consent, to
state that he wishes to have access to the report to be supplied in response
to the application before it is so supplied; and, if he does so, the
applicant shall-
(a) notify the medical practitioner of that fact at the time when the
application is made, and
(b) at the same time notify the individual of the making of the
application;
Lawyers have such a deft hand with words!
Dr. Alan Swann, BM, AFOM
Director of Occupational Health
Occupational Health Service
Imperial College London
Southside building
South Kensington Campus
London
SW7 1 LU
Tel: +44 (20) 7594 9385
Fax: +44 (20) 7594 9407
http://www.ad.imperial.ac.uk/occ_health/
-----Original Message-----
From: Jeremy R F Smith [mailto:[log in to unmask]]
Sent: 12 May 2003 17:09
To: [log in to unmask]
Subject: Consent Issue
Dear List
Whilst speaking with my colleagues recently the issue regarding consent to
access medical reports came up again. They feel that once you have taken
the client's consent and written to the GP you should also write to the
client informing them that the letter has now been sent. This is after you
have explained the requirements of the law to the client verbally before
they sign the consent.
I have never come across this before. I have always consented the client
and written the report. It has always been my understanding that onus to
inform the client re the 21 day right to read clause was on the Dr writing
the report and not on the person requesting.
Therefore, is there a requirement on the requesting person to inform the
client in writing that they have written for a GP report - after they have
already told them at the consultation - so that they know when their 21 day
right to view period starts?
Many thanks,
Jeremy R F Smith
RGN BSc Hons (OHN)
Senior OH Advisor - KCC
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