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Doctors Leak Medical Records: Legislators Propose Double Penalties
pine Webmaster of Pineapple
2010/09/17 04:09
508 topics published
(Central News Agency reporter Su Longqi, Taipei, September 17, 2010)

Doctors who leak patient medical records may face heavier administrative penalties in the future. Kuomintang legislator Jiang Naixin has proposed amendments to the Medical Care Act, stipulating that doctors who unlawfully or without consent disclose medical records will be fined between NT$100,000 and NT$500,000—double the current penalty.

Under the current Medical Care Act, doctors who leak medical records can be fined NT$50,000 to NT$250,000. In December 2009, for example, doctor Lin Zhengcheng was fined NT$100,000 by the Taipei City Health Bureau for leaking the weight-loss records of a woman named Sun Zhongyu, on grounds of violating patient privacy and breaching the Physicians Act.

Jiang Naixin believes that medical records involve highly personal and sensitive health information, and medical personnel must maintain confidentiality within their professional duties. However, the current penalties are too lenient and fail to serve as an effective deterrent. To better protect patients' privacy rights, the proposed amendment requires medical personnel to strictly control access to medical records, prohibiting disclosure unless required by law or with the patient’s written consent. Violators will face penalties doubled to NT$100,000–NT$500,000.

Jiang’s proposal also amends the law to require medical institutions to maintain records in Chinese, formally codifying "medical documentation in Chinese" in the Medical Care Act. However, it allows supplementary foreign-language annotations if certain medical information cannot be accurately expressed in Chinese.

Additionally, in response to public concerns over high fees for patients requesting medical records, the proposal stipulates that medical institutions charging for copies of records, summaries, or test reports must limit fees to the "cost" of reproduction and summarization, to be borne by the patient. The specific fee standards will be determined by the central competent authority.

Jiang Naixin’s proposal is currently gathering endorsements and is expected to be formally submitted after the Legislative Yuan convenes on the 24th.

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