Common use of Consent Process Clause in Contracts

Consent Process. 6.1 Stage 1 –- Technical enablement of records to be shared via the MIG 6.1.1 GP Practices are already required to provide information to patients explaining how their data will be used and what to do if they have any concerns or objections. GP Practices are required to make reasonable efforts to inform their patients about the MIG programme and give them an opportunity to opt out if they do not wish their records to be technically enabled for sharing via the MIG with other healthcare provider organisations (as already outlined in paragraphs 3.4 to 3.6). 6.1.2 Each GP Practice will assess all opt-out requests via the Practice’s internal opt-out review process, discuss with the patient or a representative with legal powers of responsibility (such as parental responsibility, Power of Attorney for Health and Welfare) as appropriate and update the patient record accordingly. 6.1.3 Where a patient changes their mind about their opt-out status, the GP Practice will action all change requests promptly and within a maximum of 48 hours of receipt of the request. 6.1.4 Where a patient objects to their data being enabled for viewing via the MIG (even though it is subject to explicit consent at the point of care), the GP Practice should activate the MIG opt-out flag in their clinical system. 6.1.5 It is the responsibility of the GP Practice to review opt-out requests before they are actioned to ensure there is no conflict with the patient’s best interests. This is in accordance with a healthcare professional’s duty to ensure the safe and effective care of an individual. GP Practices will deal with this in accordance with the GMC Confidentiality Guidance for Doctors5 and the Health and Social Care Information Centre’s guide to confidentiality in health and social care, 20136. 6.2 Stage 2 –- Permission to view information via the MIG 6.2.1 Where a record is available via the MIG and it is necessary for a qualified clinician with a legitimate relationship with the patient to view the record for the direct care of the patient, explicit consent must be sought and recorded at the point of care, on every occasion. This is the responsibility of the viewing organisation. Explicit consent is specific permission to view the GP record in response to a direct question to the patient. The answer must be clear and unmistakable. The consent must be voluntary and informed, and the person consenting must have the capacity to make the decision. For consent to be informed, the patient must be provided with details of what information will be viewed, why it is necessary and that they have the option to decline. The significance of dissent should be explained to the patient. (See further clarification on explicit consent in Section 16 of this Agreement – Definitions.) 6.2.2 Only a qualified clinician (i.e. a qualified professional responsible for assessment, diagnosis, prescribing, treatment and discharge of a patient) who has a legitimate clinical relationship with the patient), can view the GP record via the MIG, when they need to do so for the direct care of the patient. 6.2.3 Where a person with capacity (in accordance with the Mental Capacity Act 2005) does not give consent for their GP record to be viewed via the MIG, even after an explanation of the possible consequences, their decision should be respected. 6.2.4 Inappropriate viewing of the GP record will be regarded as a disciplinary offence and subject to disciplinary proceedings by the employing organisation.

Consent Process. 6.1 Stage 1 –- Technical enablement of records to be shared via the MIG 6.1.1 GP Practices are already required to provide information to patients explaining how their data will be used and what to do if they have any concerns or objections. GP Practices are required to make reasonable efforts to inform their patients about the MIG programme and give them an opportunity to opt out if they do not wish their records to be technically enabled for sharing via the MIG with other healthcare provider organisations (as already outlined in paragraphs 3.4 to 3.6). 6.1.2 Each GP Practice will assess all opt-out requests via the Practice’s internal opt-out review process, discuss with the patient or a representative with legal powers of responsibility (such as parental responsibility, Power of Attorney for Health and Welfare) as appropriate and update the patient record accordingly. 6.1.3 Where a patient changes their mind about their opt-out status, the GP Practice will action all change requests promptly and within a maximum of 48 hours of receipt of the request. 6.1.4 Where a patient objects to their data being enabled for viewing via the MIG (even though it is subject to explicit consent at the point of care), the GP Practice should activate the MIG opt-out flag in their clinical system. 6.1.5 It is the responsibility of the GP Practice to review opt-out requests before they are actioned to ensure there is no conflict with the patient’s best interests. This is in accordance with a healthcare professional’s duty to ensure the safe and effective care of an individual. GP Practices will deal with this in accordance with the GMC Confidentiality Guidance for Doctors5 and the Health and Social Care Information Centre’s guide to confidentiality in health and social care, 20136. 6.2 Stage 2 –- Permission to view information via the MIG 6.2.1 Where a record is available via the MIG and it is necessary for a qualified clinician with a legitimate relationship with the patient to view the record for the direct care of the patient, explicit consent must be sought and recorded at the point of care, on every occasion. This is the responsibility of the viewing organisation. Explicit consent is specific permission to view the GP record in response to a direct question to the patient. The answer must be clear and unmistakable. The consent must be voluntary and informed, and the person consenting must have the capacity to make the decision. For consent to be informed, the patient must be provided with details of what information will be viewed, why it is necessary and that they have the option to decline. The significance of dissent should be explained to the patient. (See further clarification on explicit consent in Section 16 of this Agreement – Definitions.) 6.2.2 Only a qualified clinician (i.e. a qualified professional responsible for assessment, diagnosis, prescribing, treatment and discharge of a patient) who has a legitimate clinical relationship with the patient), can view the GP record via the MIG, when they need to do so for the direct care of the patient. 6.2.3 Where a person with capacity (in accordance with the Mental Capacity Act 2005) does not give consent for their GP record to be viewed via the MIG, even after an explanation of the possible consequences, their decision should be respected. 6.2.4 Inappropriate viewing of the GP record will be regarded as a disciplinary offence and subject to disciplinary proceedings by the employing organisation. 5 GMC Confidentiality Guidance for Doctors, 2009, paragraphs 51-52 6 Health and Social Care Information Centre - A guide to confidentiality in health and social care, 2013, Rule 2. 6.3 Who can give or withhold Consent 6.3.1 A person with capacity in accordance with the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ - the person must be capable of giving consent, which means they understand the information given to them, and they can use it to make an informed decision. 6.3.2 Anyone with parental responsibility for a child (under 16 years old), or with other legal powers of responsibility for an individual (such as Power of Attorney for Health and Welfare). 6.3.3 Those with parental responsibility for a child (under 16 years) who is mature enough to make decisions, should discuss this with their child and allow them to make their own decision, or involve them in the decision, where appropriate for them to do so.