PUBLISHED LAW REGULATING ELECTRONICAL MEDICAL RECORDS
On December 28th, 2018, Law No. 13,787/2018 was published, regulating the digitizing of medical records for custody, storage and handling (“Law 13,787/2018”).
In accordance with Law 13,787/2018, the process of digitizing medical records will be carried out in a manner which ensures the integrity, authenticity, and confidentiality of the electronic document through a scanning process which applies a digital certificate issued under the Brazilian Public Key Infrastructure (ICP-Brazil) or other legally accepted certificate. This will ensure that documents scanned in accordance with the standards established in Law 13,787/2018 have the same probative value as the originals for all legal purposes.
Law 13,787/2018 also allows original physical medical records to be destroyed after their digitization, provided that they have been analyzed by a permanent committee responsible for reviewing and evaluating medical records.
Finally, Law 13,787/2018 determines that after a minimum period of 20 years from the last registration, the physical and digitized medical records may be disposed of and/or returned to patients.
Check-out the Law’s complete wording here.
The Digital Law Department of Kestener, Granja & Vieira Advogados is available to provide any further information required on this subject.
Fabio Alonso Vieira
Phone.: +55 11 3149-6111
fabio.vieira@kgvlaw.com.br
This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from KGV Advogados in relation to the matters herein addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.
