2. Health Rights

2. Health Rights

Charter of Health Rights
The DRS believes users of the health care system have the right to expect:

2.1 good quality health care regardless of the ability to pay.

2.2 accessible health care given as promptly as possible.

2.3 considerate health care respecting privacy and dignity including:
i. services and care that are non-discriminatory acknowledging and respecting culture and lifestyle;
ii. consultations in surroundings that ensure reasonable privacy;
iii. control over who will be present during consultations and treatment.

2.4 to participate individually and collectively in decision making which affects their health care.

2.5 adequate information on services provided or treatment available in terms which are understood including:
i. a clear explanation of the diagnosis, proposed procedures, known risks, side effects and alternative treatments as well as the cost of the treatment and who will be involved in the treatment;
ii. interpreters being available.

2.6 to make an informed choice to accept or refuse any aspects of investigation, treatment or participation in education, experimental treatments or research programs requires:
i. adequate information as detailed above in section 2.5;
ii. being able to withdraw consent at any time;
iii. in some circumstances, when informed consent cannot be obtained, referral to a Legal friend, patient’s advocate or nominated person.

2.7 to be able to obtain additional medical opinions.

2.8 an enforceable right of access to medical records held by health providers, whether the provider is a public or private sector agency or an individual health practitioner (medical or otherwise). Grounds for refusal should be similar to those contained in the Health records (Privacy and Access) Act 1997 (ACT).

2.9 their personal health records to be kept confidential requiring:
i. confidentiality of medical records unless consent is given or disclosure is required by law;
ii. exceptions where there is a clear risk of serious injury or death to the person or the public;
iii. case discussion, consultation, examination and treatment to be conducted so as to ensure patient privacy and confidentiality with special provision for peer review material.

2.10 to be able to have their complaints about the system dealt with by an independent and accessible mechanism requiring:
i. legislation to establish procedures for investigating complaints and conciliating between complainants and health service providers, both locally at each health care location, and at State level through a Health Complaints Tribunal;
ii. the Health Complaints Tribunal to be independent of registration boards and have majority representation of non-health service providers, including community representatives;
iii. complaints to be dealt with promptly, fairly and without cost to the complainant;
iv. the complainant not to be discriminated against or victimised.

2.11 The DRS believes health rights should be protected by legislation.