Article 5 Disclosure for medical purposesI1

Scotland

(1)

It is not an offence under section 22 of the Act to disclose protected information if–

(a)

the disclosure is made to a health professional;

(b)

the disclosure is made for medical purposes; and

(c)

the person making the disclosure reasonably believes that the subject has given consent to the disclosure or cannot give such consent.

(2)

For the purposes of this article–

(a)

“medical purposes” includes the purposes of preventative medicine, medical diagnosis and the provision of care and treatment; and

(b)

“health professional” means–

(i)

a registered medical practitioner;

(ii)

a registered dentist within the meaning of section 53(1) of the Dentists Act 1984^f1;

(iii)

F1a pharmacist or pharmacy technician registered in Part 1 or 3 of one of the registers maintained under articles 10(1) and 21(1) of the Pharmacists and Pharmacy Technicians Order 2007 or a registered person within the meaning of article 2(2) of the Pharmacy (Northern Ireland) Order 1976^f2;

(iv)

a registered nurse;

(v)

any person who is registered under the F2Health Professions Order 2001 as a paramedic or operating department practitioner; and

(vi)

a person employed in a trainee capacity in any of the professions specified in this sub-paragraph.

Annotations

Textual amendments

F1: Words in art. 5(2)(b)(iii) substituted (1.7.2009 as notified in the London Gazette dated 19.6.2009 (Issue 59104)) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(5), Sch. 4 para. 29
F2: Words in art. 5(2)(b)(v) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 2 para. 20; S.I. 2019/1436, reg. 2(b)

Commencement

I1: Art. 5 in force at 4.4.2005, see art. 1(1)

Footnotes

f1: 1984 c. 24.
f2: S.I. 1976/1213 (N.I. 22).