(1) For the guidance
of providers it is declared that health services should be provided so as to
promote —
(a)
quality health care, given as promptly as circumstances permit; and
(b)
respect for the privacy and dignity of persons receiving health care; and
(c) the
provision of adequate information on services provided or treatment available
and the effects and costs of treatment, in terms that are understandable; and
(d)
participation in decision-making affecting individual health care; and
(e)
informed choice in the acceptance or refusal of treatment or participation in
education or research programmes; and
(f)
reasonable access to information in records relating to personal use of the
health care system, except information that is expressly prohibited by law
from being disclosed or information contained in personal notes by a person
giving health care; and
(g) the
protection of personal health records and personal information from disclosure
except for proper purposes.
(2) In deciding for
the purposes of section 48(1) whether unreasonable conduct, or other conduct,
has occurred, and in making decisions under sections 26 and 34, the Director
is to have regard to —
(a) the
guiding principles set out in subsection (1); and
(b)
whether there has been a failure by a provider to comply with any professional
standards commonly accepted by members of the provider’s profession.
(3) If it appears to
the Director that a standard referred to in subsection (2)(b) is in conflict
or inconsistent with a provision of the guiding principles the Director is to
have regard to the standard to the exclusion of that provision.
(4) This section does
not create any duty that may found an action for breach of statutory duty.
[Section 4 amended: No. 35 of 2022 s. 5.]