To whom can be transmitted the medical record ?
The medical record may be transmuitted to another doctor or the employer but only a part of the file.
Medical record may be forwarded to another occupational doctor
Medical record may be forwarded to any doctor determinated by the employee
Medical record may be given directly to the employee
Medical record may be given to right holders
Only one part of the medical record is transmitted
The original or a copy of the file ( (as the doctor uses to do) is transmitted to the other occupational physician : this requires necessary the written approvaol of the employee.
A copy of the file is transmitted.
The law of 4 March 2002, known as “Kouchner law”, on patients’ rights enables patients to have direct access to their medical records
The record must be given within the first 8 days after receiving the request, or the first 2 months if file is more older than 5 years .
The employee have the choice e salarié peut choisir :
- to consult the medical record on site, it is free of charge,
- or to obtain a copy of the file, he will have to pay the reproduction costs and postal charges.
The medical secret does not preclude the transfer of the dead worker’s file to his right holders provided that these informations are necessary to know the cause of the death, defend the memory of the deceased, or exercise their rights, except where otherwise expressed by the person prior to his death.
Ony these following informations may be transmitted :
- administrative informations,
- medical and personal history of the employee,
- results of the medical examinations,
- reports of the paraclinical examinations,
- identification of the company and previous companies,
- positions held in curent companye and previous cmpanies,
- nature of the job, the tasks,
- known risks at workplace,
- results of measures at workplace such as wood dusts, asbestos fibers, noise level, etc
- certificate of fitness to work, aptitude restrictions,
- prevention tips which were given,
- “attestation d’exposition” : it is a French document certifying that the worker has previously been exposed to occupational hazards ( necessary for the post-exposure surveillance”).
Other informations contained in the medical record are not transmitted.