twrama 1990_final oc.. - AMA WA

INDUSTRIAL
A matter of record
The AMA regularly receives calls from patients of retired
doctors needing to access or obtain a copy of their medical
record. Unfortunately, the Association is not always able to assist
some of these patients due to the fact that no contact details have
been provided to the AMA by the retiring doctor.
The Privacy Act 1988 (Commonwealth) created obligations for
doctors working in private practice. What this means for doctors
is that:
• They have new obligations to safeguard patient privacy and to
give patients some control over how information is handled
• They are required to be more open with patients than before,
and
• They are generally required to provide patient access to the
information held about them.
• Doctors who are planning to retire or who are in the process
of closing their practices, regularly contact the AMA asking
how long they are required to keep their medical records. In
Western Australia the requirement is:
• For an adult: 10 years from the date of the last consultation
• For a child: Until the child reaches 30 years of age.
Since the Limitation Act 2005 came into effect on 15 November
2005, in WA, these general periods are appropriate. However
there are circumstances where an application can be made for
an extension of time with which to start legal proceedings. The
doctor should note different times apply for persons with a mental
disability and indefinite retention is recommended for this group.
You should also contact your Medical Defence Organisation to
discuss this issue further.
OPTIONS FOR STORAGE AND PATIENT ACCESS TO
MEDICAL RECORDS: A retiring doctor has limited options.
In the first instance he should attempt to have a colleague in the
practice take over responsibility for the patient’s records. If the
doctor practises on his own and is closing his practice, he should
consider contacting colleagues who may be prepared to take over
the patient records. If the doctor finds a colleague(s) prepared to
take over the records, the retiring doctor should send out a circular
advising of the impending retirement and include in the notice that
the records will be held by the nominated doctor and the practice
details.
If no arrangements can be made to transfer the records to
another doctor, then suitable arrangements must be made so that
they can be easily accessed if required.
It is also very important to inform patients as they contact your
practice of the closing date of the practice and the new contact
arrangements for accessing the patient records. If no arrangements
can be made to transfer the records to another doctor, then suitable
storage arrangements should be made and contact details provided
for easy access. In this case, the doctor should:
• Determine whether he will store the records himself or use a
records management facility
• If the doctor decides to store the records at home, he should
ensure that the records are fully secured and protected from
the elements (i.e. moisture etc.)
• If opting to use a records management company, they should
ensure they have a separate file or database of the patient’s
files. Members can contact the AMA [(08) 9273 3008] for a
list of records management companies. Costs for this service
vary between providers.
• Doctors who have electronic medical records should ensure
that backup of the data is kept in secure locations. More than
one backup copy should be made and stored.
• Members should notify the AMA’s Membership Department
of their retirement date and where their medical records are
to be stored and the contact details for access to the records.
An additional contact should also be provided to cover for
those situations where the doctor is on holidays, in the event of
illness or similar circumstances.
The AMA, when contacted by patients seeking a copy of the
patient record is then able to take the patient’s contact details and
send the request to the doctor or the designated contact person for
action.
Members wishing to discuss this matter further can contact
Michael Prendergast on (08) 9273 3008. ■
October MEDICUS 9