Section 9(9) in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
(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.
