Health (Assisted Human Reproduction) Act 2024
|
Disclosing medical information about certain persons | ||
|
38. (1) A registered medical practitioner may make a request in the specified form (in this section referred to as a “ section 38 request”) of an AHR treatment provider for the provider to give to the practitioner medical information about a relevant person where, in the opinion of the practitioner, such information is necessary— | ||
(a) to avoid an imminent and serious risk to the health of the relevant person or another person, or | ||
(b) to enable the practitioner to provide medical advice to the relevant person or another person regarding the existence of a genetic or hereditary condition that may be harmful to the relevant person or another person or the children (including future children) of the relevant person or other person. | ||
(2) The AHR treatment provider shall, as soon as is practicable after the provider receives a section 38 request, comply with the request by giving, without identifying the relevant person concerned, such medical information sought by the request as is within the provider’s power, possession or procurement to the registered medical practitioner who made the request. | ||
(3) The consent of the relevant person, or other person referred to in subsection (1)(a) or (b), the subject of a section 38 request is not required for— | ||
(a) the making of the request, or | ||
(b) compliance with the request. | ||
(4) In this section— | ||
“registered medical practitioner” includes a medical practitioner who is the equivalent, in another jurisdiction, of a registered medical practitioner; | ||
“relevant person” means— | ||
(a) a relevant donor (G), | ||
(b) a relevant donor (E), | ||
(c) a child (AHR), or | ||
(d) an adult (AHR). |