My brother underwent treatment in October-December 2021 at a psychoneurologist, did he drink...?

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...antidepressants. Diagnosis: bipolar disorder. The condition was serious, depression, they wanted to send him to a psychiatric hospital. They turned to the doctor to get at least some kind of confirmation that he was undergoing treatment. She said that this is confidential information and she can give it only at the request of the police. Is it legal? How to get this information in order to submit documents to the tsk.

24.05.2023 17:37 407

Answers

Photo of sikorsky.y.o Yaroslav Sikorsky

YES, this information is a medical secret.

According to Article 286 of the Civil Code of Ukraine, "medical secrecy" should be understood as:

  • a secret about a person's state of health;

  • the fact of seeking medical help;

  • diagnosis;

  • other information obtained during the medical examination of the person.

According to the Criminal Code of Ukraine, the following information should be understood as a medical secret:

  • facts of applying for psychiatric help and treatment in a psychiatric institution or stay in psychoneurological institutions for social protection or special training, as well as other information about the state of mental health of a person, his private life;

  • infection of a person with a sexually transmitted infectious disease, medical examinations and examinations conducted in this regard, data of an intimate nature obtained in connection with the performance of professional duties by officials and medical workers of health care institutions;

  • results of the medical examination of persons who submitted an application for marriage registration.

Medical confidentiality may be disclosed without the patient's consent in the following cases:

  1. If the patient consents to the distribution of such information;

  2. Medical documentation about a person can be obtained only directly by the person to whom it concerns, his representative, on the basis of a power of attorney or an agreement on the provision of legal assistance, as well as parents (adoptive parents, guardian or custodian) as legal representatives of the child (up to 18 years old) or ward (disabled person).

  3. Temporary access to documents containing medical secrets may be granted by an investigating judge or a court within the framework of criminal proceedings, if it is established that there are no other ways of obtaining information necessary for the investigation.

  4. Spouses have the right to be informed about each other's state of health.

  5. Information about the results of HIV testing, about the presence or absence of HIV infection in a person is allowed only to: the person for whom the test was conducted, the parents or other legal representatives of such a person; to other medical workers and health care institutions - exclusively in connection with the treatment of this person; to other third parties - only by court decision in cases established by law. Disclosure of information about a person's positive HIV status to a partner (partners) by a medical professional is permitted if the person living with HIV addresses the medical professional with an appropriate written request, or the person living with HIV has died, lost consciousness, or there is a possibility that , that she will not come to her senses and regain her ability to give conscious informed consent.

  6. It is allowed to transfer information about the state of mental health of a person and provide him with psychiatric help without the consent of the person or without the consent of his legal representative for the organization of providing psychiatric care to a person suffering from a severe mental disorder and conducting a pre-trial investigation, drawing up a pre-trial report on the accused or judicial proceedings at the written request of the investigator, prosecutor, court and representative of the authorized body on probation matters (Article 6 of the Law "On Psychiatric Assistance").

  7. Information about treatment in a drug facility may be disclosed to law enforcement agencies in the event that such a person is held criminally or administratively liable (Article 14, Part 5 of the Law "On Measures to Counter the Illegal Trafficking in Narcotic Drugs, Psychotropic Substances and Precursors and Their Abuse") .

24.05.2023 22:01

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