Access to Health Records Act 1990

Preliminary

1 “Health record” and related expressions

(1) In this Act “health record” means a record which—

(a) consists of information relating to the physical or mental health of an individual who can be identified from that information, or from that and other information in the possession of the holder of the record; and

(b) has been made by or on behalf of a health professional in connection with the care of that individual;

but does not include any record which consists of information of which the individual is, or but for any exemption would be, entitled to be supplied with a copy under section 21 of the [1984 c. 35.] Data Protection Act 1984 (right of access to personal data).

(2) In this Act “holder”, in relation to a health record, means—

(a) in the case of a record made by, or by a health professional employed by, a general practitioner—

(i) the patient’s general practitioner, that is to say, the general practitioner on whose list the patient is included; or

(ii) where the patient has no general practitioner, the Family Practitioner Committee or Health Board on whose medical list the patient’s most recent general practitioner was included;

(b) in the case of a record made by a health professional for purposes connected with the provision of health services by a health service body, the health service body by which or on whose behalf the record is held;

(c) in any other case, the health professional by whom or on whose behalf the record is held.

(3) In this Act “patient”, in relation to a health record, means the individual in connection with whose care the record has been made.

2 Health professionals

(1) In this Act “health professional” means any of the following, namely—

(a) a registered medical practitioner;

(b) a registered dentist;

(c) a registered optician;

(d) a registered pharmaceutical chemist;

(e) a registered nurse, midwife or health visitor;

(f) a registered chiropodist, dietician, occupational therapist, orthoptist or physiotherapist;

(g) a clinical psychologist, child psychotherapist or speech therapist;

(h) an art or music therapist employed by a health service body; and

(i) a scientist employed by such a body as head of a department.

(2) Subsection (1)(a) above shall be deemed to include any person who is provisionally registered under section 15 or 21 of the [1983 c. 54.] Medical Act 1983 and is engaged in such employment as is mentioned in subsection (3) of that section.

(3) If, after the passing of this Act, an order is made under section 10 of the [1960 c. 66.] Professions Supplementary to Medicine Act 1960, the Secretary of State may by order make such consequential amendments of subsection (1)(f) above as may appear to him to be necessary or expedient.

(4) The provisions of this Act shall apply in relation to health professionals in the public service of the Crown as they apply in relation to other health professionals.