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Art. L.1111-7, first paragraph of the Code of Public Health provides for everyone the right to access to the data concerning their health which is kept in a medical file by a health care providers or health care institutions: more specifically these data include the results of researches, notes of consultations, interventions and hospitalizations, protocols and therapeutic regulations, surveillance-files (“feuilles de surveillance”), correspondence between health care providers, with exception of information which was obtained of third parties who were not involved in the treatment or information related to these third parties.
Access can occur directly or indirectly through a physician. An answer to a request of access must be given at last within eight days after the request and at earliest after a waiting period of 48 hours. When the requested data is more than 5 years old, this waiting period is brought up to 2 months (art. L.1111-7, second paragraph).
When it concerns data of which the notification to the patient without any counseling can cause a serious risk, the physician who is responsible for the keeping of the data, can propose the presence of a third person at the moment when the patient consults the data. If the patient refuses the counseling of that third person, this refusal does not form an obstacle for his right to access of the medical data (art. L.1111-7, third paragraph).
Accessing medical data is free of charge. If the patient wishes a duplicate of the data, he can only be charges for the costs of copying and sending the duplicate (art. L.1111-7, last paragraph).
Except in case of resistance by the minor as stipulated in art. L. 1111-5, first paragraph the right to access of the medical data of a minor is exercised by the holder (s) of the parental authority. At the request of the minor the examination occurs through a physician (art. L. - 1111-7, second last paragraph).
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