Section 9 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
9. Dignity, Privacy and Confidentiality.
(1)Under clause (c) of sub-section (2) of section 7 of the Act, the clinical establishment shall ensure the rights of patients to dignity, privacy and confidentiality.(2)The patient shall have the right that she may be subjected to any healthcare related intervention in such a manner that proper respect is shown for her privacy and dignity.Explanation. - The term 'healthcare related intervention' or 'healthcare intervention' shall include examination and procedures, invasive or non-invasive, whether diagnostic, preventive, curative, rehabilitative or therapeutic.(3)The patient shall have the right that a particular healthcare intervention may be carried out only in the presence of those persons who are necessary for the intervention, unless the patient consents or requests otherwise; and for women patient, that intervention may be carried out only in the presence of a female service provider.Provided that, in case of Medical clinic, such intervention may be carried out in presence of any female member of the family or friend.(4)The clinical establishment shall ensure that the patient is received, accommodated or kept in such a manner so as to maintain her dignity and privacy.(5)In order to maintain the dignity of the patient, the clinical establishment shall take all necessary steps to minimize the use of restraints or use of a monitoring device on patients, whenever possible:Provided that the clinical establishment may restrain a patient or use a monitoring device on her under the following terms and conditions, subject to the consent obtained from the patient or patient party and authorization of the primary Consultant(a)if it is necessary to prevent serious bodily harm to her or to another person; and(b)if it gives her greater freedom or greater enjoyment of life; and(c)if such other terms and conditions as may be notified for restraining a patient or for using a monitoring device on her are met.Explanation 1. - 'restrain' means, with respect to a person, to place the person under control by the minimal use of such force, mechanical means or chemicals as is reasonable having regard to the person's physical and mental condition, and "restraint" has a corresponding meaning.Explanation 2. - For the purpose of this rule, 'monitoring devices' are devices that are used to prevent serious bodily harm to a patient or to others, but not monitoring devices that are used for other diagnostic or treatment purposes.(6)The patient shall have the right to be free from unwarranted public exposure, except in the following cases:(a)when his/her mental or physical condition is in controversy and the appropriate court, in its discretion, orders his/her to submit to a physical or mental examination by a registered medical practitioner; or(b)when the public health and safety so demand.(7)The patient shall have the right to demand that all information, communication and records pertaining to his care be treated as confidential and protected.(8)The information regarding patient's condition including specific medical information may be disclosed to the spouse or the family to the first degree or near relative of the patient's:Provided that the patient of legal age shall have the right to choose on whom to inform; further, in case the patient is not of legal age or is mentally incapacitated, such information shall be given to the near relative or legal guardian.(9)The clinical establishment shall maintain such privacy standard to restrict the use and disclosure of protected health information as may be notified and shall ensure that:(a)no disclosure of any protected health information by any service provider is made to a third party who has no concern with the care and welfare of the patient without patient's written consent; and(b)no person other than a service provider involved in the treatment and care of a patient or engaged in documentation is having access to any protected health information.Provided that such disclosure may be allowed when such disclosure is needed:(a)for the benefit of public health and safety; or(b)in the interest of justice or upon the order of a competent court; or(c)for continued medical treatment or advancement of medical science subject to de-identification of patient and shared medical confidentiality for those who have access to the information; or(d)for the purpose of Licensing Authority or Medical Council of any State or India.Explanation. - 'Protected health information' means any individually identifiable information whether oral or recorded in any form or medium that is created, or received by a health care provider, health plan or health care provider and relates to past, present, or future physical or mental health conditions of an individual; the provision of health care to the individual; or past, present, or future payment for health care to an individual.(10)Notwithstanding anything contained in sub-rule (9), based on a doctor's best judgment of that patient's condition, the information regarding such condition in general terms may be disclosed to anybody using such terms limited to 'Undetermined', 'Good', 'Fair', 'Serious' or 'Critical' to describe such condition as per standard protocol.(11)The patient, including an indigent person, once registered by the Clinical establishment, shall have the right to be treated by health care providers with patience, empathy, respect, and humanness; further, this shall mean that no one shall be subjected to any coercive healthcare intervention or subjected to discriminations and denials.
