Question NW18 to the Minister of Health
01 August 2024 - NW18
Clarke, Ms M to ask the Minister of Health
(1) Whether medical practitioners, such as doctors and nurses, who conduct family counselling sessions at the intensive care unit (ICU) of an immediate biologically-related patient who is being cared for in the ICU are allowed to make family members sign an acknowledgement on a blank counselling session form of the Critical Care Society of Southern Africa (CCSSA); if not, why not; if so, what are the relevant details; (2) whether (a) medical practitioners are allowed to write information discussed within the counselling session in a separate hard-cover notebook about a patient and (b) family members of the patient must also sign the specified notebook entry of such a counselling session; if not, in each case, why not; if so, what are the relevant details in each case; (3) whether the family members who have attended the counselling session have the right to review the notes which have been jotted down on the CCSSA form and within the hard-cover notebook prior to signing an acknowledgement of the session; if not, why not; if so, what are the relevant details; (4) whether medical practitioners are allowed to refuse a patient's family access to the patient's medical information, notes in the file and/or any other record; if not, why not; if so, what are the relevant details; (5) whether any actions are instituted against CCSSA when a violation regarding access to a patient’s information occurs; if not, why not; if so, what are the relevant details? NW19E
Reply:
1. There is no agreement between the Health Department and the CCSSA regarding the management of patients in the ICU. It is therefore not mandatory for medical practitioners, such as doctors and nurses, who conduct family counselling sessions at the intensive care unit (ICU) to use the counselling session form of the Critical Care Society of Southern Africa (CCSSA). Patient files and/or forms used should always have the patient’s details on them.
2. Any information about a patient management is captured in a ICU patient file not in a separate hard-cover notebook.
3. It is not mandatory for medical practitioners, to use counselling session form or the hard cover notebook of the Critical Care Society of Southern Africa (CCSSA). It is normal practice for family members to request and be allowed to access notes written about patients but there are strict processes that need to be followed in terms of Promotion of Access to Information Act.
This Act gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of any rights.
4. Family members should not be denied access to patient’s medical information. However, there are processes that need to be followed in terms of Promotion of Access to information Act which gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of rights including patients’ rights.
5. Health facilities are also guided by Promotion of Access to Information Act. If there is any violation of this right, the Promotion of Access to Information Act should be consulted and its provisions applied for redress. Families can also approach the Health Ombud’s Office to lay a complaint and request investigation where they feel that a violation regarding access to a patient’s information has occurred.
END.