Amendment status not verified — confirm the current text below against the official source.
(a) Every user has the right to information about, access to and use of health care facilities, services, programmes, conditions and technologies. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7,2010 991 User’s right to medical records and data User’s right to autonomy and prior voluntary informed consent (b) Every user has trie . ght to be fully informed about his / her health status including the medical facts about his / her health condition, required health care, together with the potential risks and benefits, costs and consequences generally associated with each option of health care, alternatives to the proposed health care, including the implications, risks and effects of refusal of health care; and the diagnosis, prognosis and progress of health care; and any other information that may be pertinent to the user in taking a decision, providing consent or to understand his current and possible future health status. Information is to be provided in ethical manner and with human approach : (c) Every user has the right to have the information communicated to him in a way appropriate to the latter’s capacity for understanding, with minimum use of unfamiliar or complicated technical terminology. (d) Every user has the right to choose the person to be informed on his behalf; (e) Every user has a right to obtain a second and more opinion from another health service provider ; (f) When admitted to a health care establishment, every user has a right to be informed of the Identity and professional status of the health care provider providing him services and of any rules and routines of the establishment which would bear on his stay and care. (a) Every user has a right to have the complete medical records of at least two years preceding the last date when the service was used, pertaining to his case, containing the health status, diagnosis, prognosis, all the details of the health care provided including the line of treatment, to be maintained by the service provider, and disclosure of such records or information to anyone else shall be subject to his rights to confidentially, privacy and disclosure as elaborated herein under section 9 ; (b) Every user has the right of access to his medical files and technical records and to any other files and records pertaining to his diagnosis, treatment and care (including X-ray, laboratory reports and other investigation reports) and to receive a copy of his own files and records or parts thereof; and (c ) Every user has a right to request for and to be given a written summary of his diagnosis, treatment and care and in case of an inpatient, the complete discharge report at the time of discharge, which must also include the advised follow-up actions to be taken by the user. (a) Every user has a right to consent as a prerequisite for any health care proposed for him, such consent being a prior and fully informed consent formed without the exercise of any influence, duress, coercion or persuasion by the service 992 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7,2010 User's right to confidentiality, Information disclosure, privacy provider proposing it; (b) Every user has a right tl at the service provider empowers and facilitates the exercise of his right to consent in the above manner; (c) Every user has the right to refuse or to halt a medical intervention and on his exercising such right, the implications of refusing or halting such an intervention must be carefully explained by the service provider to the user, provided that the refusal or halting comes to the knowledge of the provider; (d) When a user is unable to express his consent due to medical reasons or his authorized representative or close relative is absent or is unable to offer consent and a medical intervention is urgently needed in saving the user’s life, the consent of the user may be presumed ; (e) Every user who lacks the full capacity to give consent, due to his being a minor or due to any mental disability, temporary or permanent, shall, to the extent of incapacity, have the right to be supported (or substituted, only where absolutely necessary) by a decision-making on his behalf, through a de jure or de facto guardian, next friend or personal representative, whose credentials are clear to the service provider; (f) Every user also has right to consent for the preservation and use of all substances of his body (through consent may be presumed when the substances are to be used in the current course of diagnosis, treatment and care of that user); and for participation in clinical or scientific teaching and / or research; (g) In any case, no user shall be provided any health care for experimental or bio-medical or clinical research purposes, except according to g' idelines laid down by the Indian Council for Medical Research (ICMR) and unless - (i) it is in association with a health establishment that has been licensed under Assam Health Establishment Act, 1993 as required therein; (ii) the Institutional Ethics Committee as laid down by the prescribed guidelines, has given prior written authorization for the commencement and continuation of such health care; and (iii) the user has been given prior information in the prescribed manner that the health care is for experimental or research purposes or part of an experimental or research project, and he has given informed consent as per the requirements of relevant earlier provisions herein.