[Increasing pressure on physicians to speak or remain silent; recent legal developments with regard to duty of professional confidentiality and right of non-disclosure].
In principle, the provision of data to third parties, without the patient's consent, is not allowed. There are recent legal developments with regard to the professional confidentiality and right of non-disclosure of the physician. Three subjects are explored in depth here, i.e. the developments with regard to professional confidentiality in child abuse and the deceased, and with regard to the Electronic Patient File. Both jurisprudence and two recent bills (Youth Care Act and Social Security Number in Health Care Bill) show that pressure on physicians and institutions to breach the duty of professional confidentiality is increasing. Physicians and their organisations should focus more attention on these problems by education, protocolling and discussion with The Netherlands Health Care Inspectorate and the Public Prosecution Service.
Kastelein
W R
WR
Radboud Universiteit, Nijmegen. wr.kastelein@kbs.netlaw.nl
D002648:Child; D002649:Child Abuse / Q000941:ethics* / Q000331:legislation & jurisprudence; D003219:Confidentiality; D003643:Death; D030881:Disclosure; D004992:Ethics, Medical; D006801:Humans; D019221:Mandatory Reporting; D008499:Medical Records / Q000331:legislation & jurisprudence*; D009426:Netherlands; D010817:Physician-Patient Relations; D017009:Professional Autonomy; D020458:Third-Party Consent / Q000331:legislation & jurisprudence