Deputy Salomón Chertorivski Woldenberg (MC) presented an initiative to establish in the General Health Law that health services may be provided in person or remotely, in both cases with the help of information and communication technologies.
The proposal states that the National Health System has, among its objectives, to promote research, in order to innovate and develop new information and communication technologies in health.
Points out that every person has the right to access health services through the equal use of information and communication technologies, which are necessary to receive said services, in any of their modalities, which must be provided under conditions of privacy, security , confidentiality and effectiveness, and subject to principles of fairness and inclusion, favoring groups that are not digitally literate.
The document, submitted to the Health Commission, adds that informed consent must be recorded through the clinical file, which must be stated in writing, either by handwriting, electronic signature or by electronic, optical or any other technology. .
Mentions that the health professional responsible for the provision of remote health services must obtain the informed consent of the patient or, in the case of minors, their representative or guardian, and inform them how the provision of services will work. distance health, the scope, risks, benefits, responsibilities, privacy and confidentiality in the handling of your personal data.
Likewise, the contact protocols, the procedures to follow in emergency situations and in the event of technical failures typical of communication technologies and the risks of violating confidentiality during virtual consultations.
In said consent, the patient will state that they understood the information provided and that they agreed to receive remote health services with the help of information and communication technologies.
It emphasizes that it is the right of users to have an electronic clinical file, which must comply with the rules issued by the Ministry of Health.
The users will be the owners of the information contained in the clinical and electronic files.
Therefore, the service provider has to store and grant access to the user of the information contained through the interoperability mechanisms defined by the Secretariat.
The user will be able to consult them and grant their transfer permission to other digital health service providers when they so decide.
In addition, providers of remote health services must have a digital repository available to users, with the authorizations, licenses, permits, professional titles, certificates of specialization and/or respective notices in the field of their activity.
In the provision of remote medical care services, the health professional must identify himself as such, in front of the user at the beginning of the interaction.
It highlights that the medical prescription may be issued through the use of an autograph signature or, in the event of having technological means, a digital or electronic signature of the person issuing it. Pharmacies must have the systems determined by the Secretariat for the purpose of filling the electronic prescriptions that are issued.
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