El SalvadorLey de Deberes y Derechos de los Pacientes y Prestadores de Servicios de Salud, confidentiality of the clinical record
Ley de Deberes y Derechos de los Pacientes y Prestadores de Servicios de Salud (Decreto Legislativo No. 307 of 2016) arts. 20, 42(g), 42(l), 43(b), 45 and 46
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Access restriction, Prohibition
- Audit expectation
- none
What it requires
- If you provide health services, public or private, respect the confidential character of a patient's clinical record and of all information on their diagnosis, treatment, stay, prognosis and illness, and disclose it only on the patient's written authorization or for imperative legal or medical reasons.
- Do not publicly disclose the medical and clinical information on a patient's health that you obtained in giving care.
- Do not damage, alter or remove sheets of a patient's clinical record.
- Give care and perform procedures in a way that safeguards the patient's intimacy and privacy.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 20 sets the confidentiality of the clinical record and articles 42(g), 42(l) and 43(b) make the listed acts infractions. None of the cited provisions requires a provider to keep an access log, audit it or report on it.
- Kind
- None
- As of
What this law does
Article 20 of the patients' rights law gives a patient the right to have the confidentiality of their clinical record, and of all information on their diagnosis, treatment, stay, prognosis and illness, respected. Article 20 allows that information to be disclosed only on the patient's written authorization or for imperative legal or medical reasons. The law covers every public, private or autonomous institution that provides health services, including the Salvadoran Social Security Institute.
The law makes damaging, altering or removing sheets of a patient's clinical record a grave infraction. The law makes publicly disclosing the medical and clinical information on a patient's health obtained in giving care a grave infraction. The law makes giving care or performing a procedure without safeguarding the patient's intimacy and privacy a less grave infraction. The law punishes a grave infraction with suspension of professional practice from one month to five years.
The law punishes a less grave infraction with a fine of one to twenty monthly commerce and services minimum wages. The Superior Council of Public Health and the oversight boards of the professions apply the sanctions of the law. The decree was published in Diario Oficial No. 64, Tomo 411, on . The law entered into force thirty days after its publication in the Diario Oficial.
When LexLint raises it
When your app profile says your app handles health records or processes personal data.
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