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Following is a question by the Hon Michael Ho Mun-ka and a written reply by the Secretary for Health and Welfare, Mrs Katherine Fok, at the Legislative Council today (Wednesday):

Question:

Regarding the retention and disclosure of patients' medical records, will the Government inform this Council of the legislation, administrative arrangements or guidelines:

(a) in place to instruct hospitals, clinics and private medical practitioners on how to write and keep patients' information and case histories; and the provisions in them in respect of the information to be recorded and the minimum duration for medical records to be kept; and

(b) under which patients and their families can request the patients' own medical records from the parties concerned?

Reply:

Madam President,

(a) All public and private hospitals, clinics and private practitioners should comply with the principles and provisions prescribed in the Personal Data (Privacy) Ordinance (Cap. 486) in collecting, retaining and releasing patients' information and case histories. According to such principles, a data user should only collect personal data that is related to his/her function. The amount of data collected should not be more than necessary and should not be kept longer than is required for the purpose it is to be used.

Based on the the Personal Data (Privacy) Ordinance, the Hospital Authority (HA) and the Department of Health (DH) have issued guidelines to their respective hospitals and clinics on how to handle and protect medical records, and on the retention period of the records. According to the guidelines, the medical records of hospitals and clinics should only keep information relating to patients' health and treatment procedures. HA's guidelines also set out in detail the information to be recorded, such as patient's admission date, medical history, reports of physical examination, clinical observations, therapeutic orders, medical procedures, test results and medication administration record. DH's medical records also keep similar information. Regarding the retention period of medical records, it depends on the nature of the information contained therein. To cater for situations where patients may return for medical consultation or request access to their medical records, HA and DH have prescribed that, in normal circumstances, medical records should be kept for six years.

DH has requested private hospitals to be aware of and act according to the requirements of the law. The Hong Kong Medical Association has also compiled an information note introducing the Ordinance for members' reference, and has made recommendations on how to carry out the requirements of the Ordinance.

(b) According to the data protection principles set out in the Personal Data (Privacy) Ordinance, a patient or an authorized person acting on the patient's behalf, including the patient's family, may make a request to any medical institutions or private practitioners for access to and for obtaining a copy of the patient's medical record.

Moreover, the Government has drawn up a "Code on Access to Information", requiring the compliance of all government departments. A patient may make a request to DH for obtaining his/her medical records in accordance with the Code.

End/Wednesday, December 2, 1998

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