Some patients find it more pleasant when their partner, their child, their parent or any other neighbor calls for medical matters. In this case, we may not disclose information to this so-called third party in connection with our professional secrecy.
An exception is that the patient (preferably in writing) has given permission in which he/she indicates that someone else is allowed to call on behalf of the patient (e.g. for when making appointments or requesting results). This permission is then included in the dossier so that we can provide medical information to another person immediately.
The WGBO (the Law on the Medical treatment agreement) distinguishes four categories of minors:
- Minors up to 12 years old
- Minors aged 12 to 16
- Minors aged 16 and 17
- Minors who are wilsonbekwaam.
Ad 1. Minors up to 12 years old
The parent or guardian (s) are entitled to information.
Ad 2. Minors aged 12 to 16
The parent (ies) or guardian (s) are entitled to information insofar as such information is necessary for To carry out their duties. If this struggles with the care of a good aid provider, no information will be provided.
This means, inter alia, that the minor must give permission for the provision of data to third parties. The doctor will take into account the involvement of the parent (s) or guardian in the execution of these rights.
However, this group of minors cannot enter into a treatment agreement independently. This is done by the parent or guardian (s) on behalf of the minor. For an operation to implement that treatment agreement, it is necessary that both the minor and the parent (s)/voogd (and) give permission. Before giving permission to the parent (s) or guardian, they must be informed (just like the minor). In that context, the doctor must provide the parent (s) or guardian (ies) with information relevant to giving that consent. In the context of good hulpverlenerschap, the doctor may also refrain from providing information to the parent or guardian (s).
Ad 3. Minors aged 16 or 17
The parent or guardian (s) are not entitled to information. The minor has an independent right to secrecy. The 16-or 17-year-old must be treated in the same way as an adult.
Ad 4. Minors incapable (from 12 to 18 years old)
The parent (s) or guardian (ies) are fully entitled to information.
All minors (12-18 years of age) who are not able to reasonably weigh up their interests in this field are represented by the parent or guardian (s). The right to information, inspection, copy and destruction shall be exercised by them.
Information to parents after a divorce
After a divorce, both parents usually keep the parental authority. Both remain legal representative and are entitled to information, to the extent permitted under the aforementioned regime. The main rule is that (if applicable, see above) both parents must agree to the treatment of the minor. The importance of However, the child may not have to apply the double consent too strictly.
In some cases, the doctor may assume that both parents have given permission for the treatment, while only one parent (with the child) has gotten accustomed to him/her. In particular, these are non-intrusive treatments. The importance of the child is at the forefront of the question of whether the consent of both parents should be sought.
Single authoritative parent
The judge can at the divorce assign the authority to one parent. The authority bearing is older than representative. The parent who is not (more) responsible is not (more) acting as a representative, decides not to participate in the treatment and has no rights linked to that right of decision (such as the right of access). The non-authoritative parent shall, however, be entitled to information on the important facts and circumstances which concern the child or his care and education. This right shall apply to third parties who have professional information. Can be thought of teachers, social workers and doctors. This allows the non-authoritative parent to form an image of the child's care and education, irrespective of the authority carrying parent. The doctor shall not provide any information if he does not provide such information to the parent responsible for the authority or if the child's interest is opposed to the provision of information.
The gezagsverhouding can possibly be checked in the gezagsregister. A request for access to the Gezagsregister may be addressed to the Registrar of the District Court in which the child was born. For children born outside the Netherlands or whose place of birth is unknown, you are directed to the clerk of the court in Amsterdam.
If an adult is not able to make a reasonable assessment of his/her interests (i.e.: Wilsonbekwaam), another person may act as a representative on his behalf.
The WGBO uses a ranking order to determine who can be identified as a representative:
- Curator or mentor (appointed by the judge).
- The written agent.
- Spouse, registered partner or other life companion.
- Parent, child, sibling.
The Representative shall, as a rule, authorise the provision of data to third parties.
When setting up a mentor or a curator, the judge may request a medical statement from Wilson's patient competence. It must be issued by an independent doctor.