Dáil Éireann Debate, Wednesday - 15 February 2023
162. Deputy John Lahart asked the Minister for Health if there is a particular protocol followed by the HSE and Medical Council in relation to the retention of patient files when a general practitioner has ceased their practice; and if he will make a statement on the matter. [7482/23]
View answer163. Deputy John Lahart asked the Minister for Health if patients can access their medical file and records when a general practitioner ceases their practice; and if he will make a statement on the matter. [7483/23]
View answer164. Deputy John Lahart asked the Minister for Health if there is a particular protocol for the retention of patient files when a general practitioner has been removed from the Medical Council register; and if he will make a statement on the matter. [7484/23]
View answerI propose to take Questions Nos. 162 to 164, inclusive, together.
GPs are private contractors, most of whom hold a General Medical Services (GMS) Scheme contract with the HSE for the provision of medical services without charge to patients who hold a medical card or GP visit card. As private practitioners, the responsibility for the management of practice medical records rests with the GP concerned. GPs are required to ensure all personal data is processed in line with the General Data Protection Regulation principles and best practices, and patients can request a copy of their medical records directly from their GP surgery. The Irish College of General Practitioners' Processing of Patient Personal Data: A Guideline for General Practitioners publication provides guidance to GPs to comply with their data protection obligations including retention periods for medical records and the transfer of records to another practice. When there is a sudden closure of a GP practice the HSE endeavour to allocate a locum GP to take over the panel of GMS patients and advertise the list for a permanent replacement. When a GP retires or otherwise leaves the GMS scheme the HSE can facilitate the transfer of the records of GMS patients to the new doctor providing services for these patients. In such cases, the patient is notified that if they do not agree to the transfer of their records they can indicate this to the HSE. The HSE has no role in relation to medical records held by GPs of patients who do not hold a medical or GP visit card. In its role as regulator for registered medical practitioners in Ireland, the Medical Council does not have a statutory function in relation to the location or transfer of patient records in circumstances where a medical practice has ceased to operate and/or a medical practitioner has withdrawn from the Register or retired from practice.
However, in its Guide to Professional Conduct and Ethics for Registered Medical Practitioners, the Medical Council sets out a comprehensive range of professional principles that all doctors registered with the Council are expected to follow. This includes principles in respect of the management of medical records, and includes, for example, guidance in relation to retirement or transfer of patient care:
"If you are planning to retire or to reduce your patient list, you should make arrangements for the transfer of your patients to another doctor. You should let your patients know before these arrangements take effect. With the patient’s consent, all relevant medical records should be sent to the doctor taking over the care of the patient ".
