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The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions)
Pilcová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions) The aim of the thesis is to introduce the issue of medical confidentiality in Czech Republic. Although most stress is put on the connection with criminal law, the work also explains what medical confidentiality is and outlines some disputable points in this field as well as it further on mentions international treaties, statutes and other sources where the duty of confidentiality is incorporated. The thesis then shows medical confidentiality in connection with the matter of medical records and afterwards focuses on the exceptions when duty of confidentiality can legally be broken and finally a chapter is given to describe the questions of lability for breaching the duty of cofidentiality in health care where criminal law consequences and disciplinary consequences are described. All the matters are discussed in the light of the Health Services Act (372/2011 Coll.) which came into force on April 1, 2012.
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Protection of personal data in the course of rendering health care
Zeman, Marek ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Health care services is an area, in which is, with regard to specific nature of processed information, needed to pay special attention to personal data protection of patients. Act that used to regulate this kind of relations for more than 40 years was the Act on Care and Health of Nation. Taking into consideration its historic time of origin and paternalistic theory, on which it was based upon, and despite passage of Convention on Human Rights and Biomedicine meaning significant deviation from up to now paternalistic theory, this Act was not able stand under the Czech republic international obligations, principles of democratic legal state and last but not least rapid technological progress,. Therefore it was replaced by Medical Services Act, which is in full compliance with approach that sees relation between physician and patient as equal. One of cornerstones in area of personal data protection in health care services is concept of rule of secrecy, to which is obliged mainly provider of health care, but also other persons stated in the Act. Violation of rule of secrecy is punished. Threat of penal sancion for violation of rule of secrecy highlights the importance of protection of presonal data in health care area. Although under circumstances specified by the law is possible to unveil rule of...
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Protection of personal data in the course of rendering health care
Zeman, Marek ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Health care services is an area, in which is, with regard to specific nature of processed information, needed to pay special attention to personal data protection of patients. Act that used to regulate this kind of relations for more than 40 years was the Act on Care and Health of Nation. Taking into consideration its historic time of origin and paternalistic theory, on which it was based upon, and despite passage of Convention on Human Rights and Biomedicine meaning significant deviation from up to now paternalistic theory, this Act was not able stand under the Czech republic international obligations, principles of democratic legal state and last but not least rapid technological progress,. Therefore it was replaced by Medical Services Act, which is in full compliance with approach that sees relation between physician and patient as equal. One of cornerstones in area of personal data protection in health care services is concept of rule of secrecy, to which is obliged mainly provider of health care, but also other persons stated in the Act. Violation of rule of secrecy is punished. Threat of penal sancion for violation of rule of secrecy highlights the importance of protection of presonal data in health care area. Although under circumstances specified by the law is possible to unveil rule of...
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The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions)
Pilcová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions) The aim of the thesis is to introduce the issue of medical confidentiality in Czech Republic. Although most stress is put on the connection with criminal law, the work also explains what medical confidentiality is and outlines some disputable points in this field as well as it further on mentions international treaties, statutes and other sources where the duty of confidentiality is incorporated. The thesis then shows medical confidentiality in connection with the matter of medical records and afterwards focuses on the exceptions when duty of confidentiality can legally be broken and finally a chapter is given to describe the questions of lability for breaching the duty of cofidentiality in health care where criminal law consequences and disciplinary consequences are described. All the matters are discussed in the light of the Health Services Act (372/2011 Coll.) which came into force on April 1, 2012.
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The obligations of health services providers
PRÁŠKOVÁ, Martina
This Bachelor´s thesis deals with duties of health care providers in the Czech Republic. The objective of the thesis was to find out whether, from the patient´s point of view, the providers respect their duties imposed by the law. The theoretical part defines health care providers, ways to obtain the authorisation for providing health care and other conditions related to providing health care according to Article 372/2011 ("zákon č. 372/2011 Sb., o zdravotních službách a podmínkách jejich poskytování"). For better orientation in the topic, the thesis analyses types of healthcare facilities, in which health care is provided. The thesis also mentions general terms for providers. Furthermore, it describes in detail and analyses discussed duties, such as informed consent, confidentiality, which can be related to healthcare documentation or to the issue of secret childbirth. The practical part includes a quantitative research based on a questionnaire survey. The questionnaire was filled in by 100 respondents coming from various regions in the Czech Republic. The questions were directed, so that the given hypotheses could be either confirmed or disapproved. Using the chi-squared test, all four hypotheses were confirmed on the basis of respondents´ answers. It has been found out that the providers respect the duties on providing health care with the patient´s informed consent and this notification is carried out in a comprehensible way. Next, the survey shows the respondents find correct to take a minor patient´s opinion on providing health care into consideration. Even the last hypothesis about respecting the patient´s privacy has been confirmed. The given objective of the thesis has been accomplished. The providers respect duties imposed by the law. The thesis defines providers´ duties patients may commonly experience, patients can also point out the non-performance of these duties. The thesis may help laymen to understand better the issue of providers´ duties and to realize their rights that they are not often aware of.
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The Problem of Access to Gynaecological Care for the Underage Following the Coming Into Force of Act 372/2011
PROKOPOVÁ, Jana
Medical care attainability is defined as Medical services system´s efficiency in satisfying public´s health care need in via implemented policies and as well as via already existing medical services. One of the implemented policies is a new law nr.372/2011, digest of Medical services and conditions of its rendition, which establishes the rules of health care rendition to underage. Since 1st April 2012, to provide medical services to underage, an approval and a guidance of at least one parent has been essential. A 15 year old and older have been allowed to attend medical services with a parent signed permission letter from then on. In the mentioned law, there was a condition of both parents approval to any medical services, that could have a serious and or an adverse effect on health condition or life quality of underage. However, the law hasn´t specified these services. In the area of gynaecological services provided to underage females, there is a matter in controversy concerning for example birth-control pill prescription or optional HPV vaccination. During working on my thesis, this named law was novelized and has been valid since 14th March 2013. The novel is a regress to the law statement before the medical services law adoption. It was my intention to elicit, whether the gynaecological medical services to underage accessibility has changed after the new law adoption took effect. Two questions were asked: How was the gyanecological care to underage proceeded before the new law adoption and were the adolescents accompanied by parents? What were the affects of condition needing a parent´s permission to be provided with gynaeacological medical services and did the patients have any difficulties obtaining the permission?The exploratory investigation was led in a way of qualitative research. An individual, semi-structured interview was used as a technique to collect the data. 6 female adolescents in the age of 15 and older, registered in private gynaecological-obstetric ambulance of Med.Dr. Mejchar, Pilsen, were engaged in the research. The research took place in this ambulance, too. The interviews were noted first and then overwritten to become synoptical. It is clear that before the law adoption, the patients registered for gynaecological medical services with no problems. The choice of doctor was based on recommendation of already registered patients. The permission was orally given by patients themselves. They undertook the preventive check-up, decided to get a vaccination against HPV or to start using birth-control pills. They usually attended the ambulance alone.The patients got knowledge of needing the parent permission at the moment of entering the ambulance for their check-up. They all had to attend the ambulance twice at least. At the first visit, they got the permission form to be filled by parents and to be instructed, they were not provided by any suspense medical care. According to the research, half of the patients had difficulties in gaining the permission. Those patients came of incomplete families, where one of the parents wouldn´t agree to giving the permission or wasn´t reached. On one occasion, a patient lived with both parents, however she did not receive permission from either of them. The research results confirm the necessity of changing the litigious law. The patients had difficulties obtaining the permission which led to delay in providing medical services to them. Doctors often balanced on the edge of law, with confusion in whether to insist on the permission. Paperwork increased. The thesis can be used as a source of information to laic and to professional public community. Health care providers can use the findings based on the research to improve their services.
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