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Parliamentary Questions


Question Without Notice No. 1270 asked in the Legislative Council on 29 November 2018 by Hon Alison Xamon

Parliament: 40 Session: 1

MY HEALTH RECORD

1270. Hon ALISON XAMON to the parliamentary secretary representing the Minister for Health:

I refer to the nationwide implementation of the My Health Record.

(1) Are any policies or procedures being developed at the state level to ensure that the privacy of vulnerable people with mental health issues is protected in relation to the My Health Record?

(2) If no to (1), why not?

(3) If yes to (1), are there specific provisions to prevent uploading of sensitive information such as mental health medical records without informed consent?

(4) If no to (3), why not?

Hon ALANNA CLOHESY replied:

I thank the honourable member for some notice of the question.

(1) The Department of Health issued a statewide mandatory policy on the use of the My Health Record system on 18 October 2018. The policy mandates the treatment of health information contained within the My Health Record in the same way as other clinical information in regard to privacy and confidentiality.

(2) Not applicable.

(3) Under the commonwealth My Health Record Act 2012, healthcare provider organisations are authorised to upload information to the MHR system unless the individual has chosen to opt out. Consumers can request that a particular document, including test results, not be uploaded to the MHR, and healthcare providers must comply with such requests. The WA health system has already implemented the technical capability to enable the override of the upload of discharge summaries at the request of patients; or as per the Western Australian Mental Health Act 2014, if the clinician decides that provision of a discharge summary is not in the best interest of the patient. Additional work is also underway to enable all patients to have the option to withdraw consent to upload information relating to a specific episode of care or all information pertaining to their care in the public health system on an ongoing basis. Further to this, there is a list of sensitive tests that will be automatically excluded from being uploaded to the MHR from the public health system. This includes tests relating to HIV, sexually transmitted infections, pregnancy testing in minors, and drug and alcohol tests.

(4) Not applicable.