Regulations for the provision of medical consultations
§ 1 PROVISIONSOFTHE GENERAL
1. These Regulations are addressed to those who benefit from the health services provided by a doctor Artur Kierach, conducting the Individual Medical Practice– in the form of on-line consultations and on-site consultations in Warsaw and in Wroclaw.
2. Doctor Artur Kierach is a member of the Lower Silesian Medical Chamber in Wroclaw. PWZ (Central Register number) 2599827 issued by WIL (Medical Chamber) in Poland.
3. In the capacity of the performed health services, all necessary activities shall be carried out in order to ensure the protection of individuals with regard to the processing of personal data. We especially draw your attention to ensuring the security of the personal data processed, in particular the sensitive data provided by the patient for the purpose of providing health services.
§ 2 DEFINITIONS
Administrator, a doctor Artur Kierach, who conducts the Individual Medical Practice, (address: 25a Zaręby Street, 43-100 Tychy, e-mail address: firstname.lastname@example.org) – performs medical services as part of a medical procedure on the basis of the applicable legal provisions, with the necessary qualifications to provide health services.
Medical records – medical records referred to in the provisions of the Act of 6th November 2008 on the rights of the patient and the Patient Ombudsman and the implementing acts issued on the basis thereto, as well as those laid down in the provisions of the Medical Regulations;
Patient –a person who is submitted to drkierach.pl for medical consultation (on-line or personal) or to provide health services, which are determined on the basis of a unique identifier, especially social security;
GDPR (General Data Protecting Regulations) – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive95/46/EC (general data protection regulation). Unless otherwise specified in the content of the document, capitalized terms that are not defined above should be assigned the meaning given to them by the GDPR.
Health services – activities that are used to restore or improve health and other medical activities that result from the treatment process or a provision that regulates the rules for their performance;
UPDP – Office for Personal Data Protection;
Act on Patient Rights and The Patient Ombudsman – Act of 6th November 2008 on Patient Rights and the Patient Ombudsman (i.e. Journal of Laws of 2019, item 1127, 1128, 1590, 1655, 1696);
Act on Medicinal Activities – Act of 15th April 2011 on the medical activities of i.e. Journal of Laws of 2018 item 2190, 2219, of 2019 item 492, 730, 959, 1655, 2020, 2331.
Health Information System Act of 28 April 2011 on the Health Information System (i.e. Journal of Laws of 2019, item 408, 730, 1590, 1905).
§ 3 LEGAL BASIS
1.The legal basis for the processing of personal data of the Patient for health purposes is directly related to the provisions of the GDPR in connection with the provisions of national medical law.
2. In particular, the processing of personal data of the Patient, including health database:
a. Article 9(2)(h) of the GDPR in connection with the performance of medical activities in accordance with the Act on Medicinal Activities, while complying with the applicable provisions of the Patient Rights Act and the Patient Ombudsman
b. provision in Polish laws in the field of medical law, which are related to the health purposes of the processing may contain further conditions, including restrictions on the processing of health data.
c. the consent referred to in Article9(2)(a) of the GDPR. ó
3. The provision of health services in view of its specific characteristics shall be governed by the specific provisions of other legal acts, the applicable provisions shall apply accordingly in the following particulars, contained in the details of:
a. the Act of 19th August 1994 on mental health protection (i.e. OJ 2018, item 1878);
b. the Act of 27th June 1997 on occupational medicine (i.e. Journal of Laws of 2018, item 1155); 126.96.36.199.Act of 8th September 2006 on State Medical Rescue (i.e. Journal of Laws of 2017, item 2195);
c. Act of 27th October 2017 on primary care (Journal of Laws of 2017, item 2217);
d. the Act of 27th August 2004 on the provision of health care financed by public funds (i.e. OJ 2018, item 1510);
e. the Act of 28th April 2011 on the Health Information System (i.e. OJ 2017, item 1845).
3. The provisions of the GDPR set out a catalogue of purposes justifying the processing of data without the need to obtain the patient’s consent, which is justified by the protection of other fundamental rights of the Patient.
4. The patient’s consent is not required if the processing of his/her personal data is necessary for the purpose of health processing, in particular:
a. medical diagnosis and treatment – this objective includes, in particular, the processing of related health services (diagnostic and therapeutic) services, including the keeping of medical records, pursuant to Article 10. 9(2)(h)GDPR in connection with Article 3(1)of the Act on Medicinal Activities and Article 24 of the Patient Rights Act and the Patient Ombudsman;
b. the provision of healthcare and the management of health systems and services, this objective includes, in particular, the processing of:
− patient registration,
− ensuring that the services are provided
− the implementation of the agreement with the public authorities, in particular with the public sector;
5. The patient may agree to the health service, including a minor who 16 years old, for whom the service is to be performed; at the same time not when the Patient is not or is 18 years of age the consent to the health service has to be expressed by his/her legal representative.
6. Consent to the provision of health services to a patient who is not 16 years old yet should be expressed in writing by the patient’s legal representative.
§ 4 RULES FOR CONDUCTING MEDICAL CONSULTATIONS ONLINE
1. To benefit from an online medical consultation, please use the consultation form available on the website of thewww.drkierach.pl.
2. Once the inquiry has been submitted in the contact form, you will receive the d proposed treatment and a list of tests needed for further diagnosis (if there are reasonable indications) or a visit to the doctor’s office will be proposed if, on the basis of an online consultation, the doctor does not have sufficient information to make a decision on the basis of further treatment.
3. During the online consultation, the patient is obliged to:
a. send a health questionnaire;
B. attach the result of the study, which the patient will receive after the first consultation;
c. pay the fee for the medical consultation by the przelewy24.pl payment service
4. In the event of non-obligation under §4 ą paragraph.3, the doctor reserves the right to refuse to conduct an online consultation.4
5. The online consultation will be carried out remotely by the doctor in the order of the consultation forms sent. The response time depends on how many consultation forms have been submitted and are carried out on the working day from Monday to Friday from 1:00 to 16:00.
§ 5 INSTRUCTIONS FOR COMPLETING THE QUESTIONNAIRE AND FOR THE PREPARATION OF MEDICAL RECORDS
1. The health questionnaire completed by the patient as soon as possible and in accordance with his best knowledge, especially in the context of the drug, disease, supplements- name, mg, dosage.
2.Each test result obtained from the laboratory must be generated in the form of .pdf, possibly in a format . JPG (please do not take a photo of the result in the computer). Each result is printed and submitted to the electronic documentation. If the patient does not have a scanner, it is acceptable to take a picture of the body, but it must be well-lit, simple, readable with data. It is important that the scan shows the date of the examination and the patient’s name.
3.Each patient file should be dated for testing e.g. if the results are from June 1st, 2020, the file is called “Results01.06.2020”
4. If you are investigating something of concern during a given period of time, please describe it in an e-mail.
5. The patient himself/ herself should ensure that periodic examinations are carried out, which will be commissioned at the previous consultation.
§ 6 RULES FOR CARRYING OUT MEDICAL CONSULTATIONS IN THE CONTEXT OF A STATIONARY VISIT
1. To register for a stationary consultation, please call registration number 579645819 or register online at: https://kierach.nakiedy.pl
§ 7 MEDICAL RECORDS
1. In connection with the provision of health services, the patient’s medical records are kept.
2. The mode, conditions for keeping medical records and the way is available to legal representatives of the Patient and third parties are defined by law.
3. The payment statements, a copy or a copy of the medical records and their issue shall be made in favour of the applicant’s receipt and in the cases laid down by law, at the applicant’s expense.
4. Medical records related to the performance of health services are provided in Polish.
§ 8 PROTECTION OF PERSONAL DATA
1. The provision of the personal data listed in the health questionnaire and in the contact form shall be voluntary, but without the provision and withdrawal required for the health services, they may not be carried out.
2. The controller of personal data of the Patient is:
Doctor Artur Kierach
contact details: 9-11 Ciepła Street , zip code 50-522 Wrocław.
contact e-mail: email@example.com
3. Personal data of the Patient are processed in the framework of the medical records kept on the basis of:
a. Article 6(1)(b) or (c) of the GDPR and Article 9(2)(h) of the GDPR are related to Article ó3(1) of the Medical Action Law and Art. 24 of the Patient Rights Act and the Patient Ombudsman and the Regulation of the Minister of Health on the type, scope and model of the medical records and how they are processed for the purpose of providing health services, including the keeping of medical records; ó
b. Article 6(1)(a.c and Article 9(2)(h) of the GDPR in connection with Article 3(1) of the Act on Medicinal Activities and Article24 and 26 of the Patient Rights Act and the Patient Ombudsman, §10 para. 1 paragraph 2of the Regulation of the Minister of Health on the type, scope and model in the medical records and the method of its processing, Article 32 in the afore called article 3(1) of the Health Information System Act for the purpose of identifying the same thing during registration and before providing health services;
c. Article 9(2)(h) GDPR in connection with Article 3(1) of the Act on The Medical Activities and Article 24 of the Patient Rights Act and the Patient Ombudsman for diagnosis
4.The recipient of your personal data by maybe:
d. in the case of personal data processed for the purpose of providing medical services, other medical entities in order to provide you with the right treatment and access to health services;
e. persons and entities designated in Article 26 of the Patient Rights Act and the Patient Ombudsman and in the provisions of specific laws;
f. employees who are not available for the processing of personal data;
g. technical and organizational service providers (in particular, IT providers, medical equipment providers, healthcare providers, postal and courier services);
h. suppliers of legal and advisory services, including in the case of investigations of claims and
defence against claims;
i.entities, persons or bodies, to the extent and on the basis of legal provisions,
including persons who have been defined in the exercise of the patient’s rights;
The access of personal data to the patient in the entities is carried out in accordance with the applicable laws and principles related to their safety.
5. Personal data of the Patient will be transferred to a third country/international organization;
6. Personal data of the Patient will be stored for the period required by the Patient Rights Act and the Patient Ombudsman, i.e. for 20 years, in accordance with Article 29(1)of the Patient Rights Act and the Patient Ombudsman, subject to the29(1)provisions of the Patient Rights Act(Article 29(1)(1a), (2), (3) and (4) of the Patient Rights Act and the Patient Ombudsman);
7. Patients are entitled to:
a. access the content of their data and the right to rectification, erasing, restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without prejudice to the lawfulness of processing, which was made on the basis of consent prior to its evoking, but subject to the rules for the collection and processing of data in medical records referred to in Chapter7 of the Patient Rights Act and the Patient Ombudsman and in the provisions of specific laws;
b. lodge a complaint with the President of the Office for Personal Data Protection when they consider that the processing of personal data violates the provisions of the GDPR.
8. Personal data, including the results of the examinations, will not be subject to profiling.
9.The results of the tests, which are based on the server indicated by us, are encrypted for the purpose of maintaining the highest safety standards in accordance with the GDPR guidelines.
§ 9 COMPLAINT
1. Complaints regarding the implementation of health services in writing should be addressed to: Artur Kierach, 9-11 Ciepła Street, zip code 50-522 Wroclaw, or electronically to the following e-mail address: firstname.lastname@example.org ł
2.Each complaint should contain the following information: the patient’s details, which the complaint relates to (Name and Surname, date of birth or Social Security number, postal or electronic address, to which it will answered, in correspondence we recommend that the annotation “complaint” be placed, a description of the subject matter of the complaint and the circumstances of it from the request (date, place) and the content of the comments submitted by the complaint, the data of the person responsible for the complaint, if there is no person who is concerned.
3.A response to a complaint not regarding medical matters shall be given within 3 working days from the date of receipt of the complaint, respond to medical complaints – within 15 working days from the date of receipt of the complaint.
4. In cases where solving the complaint or making a decision is not possible within such a period, a reply shall be given, including information on the process of removal, the findings so far, if any, and the envisaged course of consideration.
§ 10 OF THELAWAND THEAPPLICABLEW
1. The patient is required to provide full and comprehensive information on the state of his or her health
2. The patient is obligated to:
a. comply with medical prescriptions,
b. comply with the deadline for the implementation of health services
c. to inform you of the cancellation of the Online Consultation or The Stationary Consultation with
healthcare, not later 24hours before the date of its implementation;
d. refrain from action that hinders the services provided by Artur Kierach.
3. When using health services, the patient has the right to:
a. respect for dignity and kind treatment,
b. obtaining essential formation about the proposed medical services,
c. health services provided by qualified personnel, according to the requirements of medical knowledge,
d. reliable health information
e.to withdraw consent to the provision of specific health services before they are being performed
§ 11 FINAL PROVISIONS
1. drKierach.pl and its personnel shall not be liable for any damages caused to the service, caused by the patient’s fault, force majeure or as a result of the concealment of the existence of contraindications and other circumstances which constitute a contraindication and not known to it, or the circumstances in which Artur Kierachand his staff are not involved, unless the damage is caused by the intentional fault or serious negligence of Artur Kierach or his staff.
2. Artur Kierach and staff shall not be liable in the event of any injury to health, the result of the patient’s concealment of important information about his or her state of health, or due to the patient’s failure to comply with the therapy plan, the prescribed diet and other recommendations, as well as in the event that, after visits and treatments with Artur Kierach or his staff, the patient undergoes medical procedures or procedures in another way, without consulting Artur Kierach.
3. All health services provided by Artur Kierach and his staff are subject to Polish law.
4. All notices and services addressed to Arthur Kierach should be sent electronically to email@example.com, in writing with a receipt or by registered mail.
5. All notices and services will be addressed to the Patient at the first electronic route to the address indicated in the contact form.