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HEALTH RECORDS REGULATIONS 2023 (SR NO 85 OF 2023) - REG 9

Prescribed circumstances for collection of health information

    (1)     For the purposes of HPP 1.1(i), the prescribed circumstances for the collection of health information by an organisation are—

        (a)     the collection is by a health service provider; and

        (b)     the information is about an individual (whether living or deceased); and

        (c)     the information is collected from—

              (i)     a person to whom a health service is being provided; or

              (ii)     an authorised representative, an immediate family member or the primary carer of a person to whom a health service is being provided, if the person is incapable of providing the information; and

        (d)     the information does not contain any more identifying information about the individual referred to in paragraph (b) than is reasonably necessary to ensure that health services are provided safely and effectively to the person referred to in paragraph (c)(i) or (c)(ii).

    (2)     For the purposes of subregulation (1), a person is incapable of providing the information if the person is incapable by reason of age, injury, disease, senility, illness, disability, physical impairment or mental disorder.

    (3)     Information collected in accordance with subregulation (1) is exempt health information for the purposes of HPP 1.5.

    (4)     In this regulation—

"authorised representative" has the same meaning as in section 85(6) of the Act;

"primary carer" means any person who is primarily responsible for providing support or care to a person.



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