Access to the shared medical record by the professionals mentioned in article L. 1111-15 and in III of article L. 1111-17 as well as by health, social or medico-social establishments or services is subject to the prior consent of the holder in accordance with the terms and conditions set out in the following paragraphs.
When the professional is a member of a care team, as defined in article L. 1110-12, access to the shared medical record is authorised as part of the actual care of the person and under the conditions provided for in the first paragraph of III of article L. 1110-4. It is deemed to be authorised for all professionals who are members of the healthcare team.
When the professional is not part of the care team defined in article L. 1110-12, consent is obtained under the conditions provided for in the second paragraph of III of article L. 1110-4.
Where applicable, a professional benefiting from access under the second paragraph may obtain this consent on behalf of another professional pursuant to II of article L. 1111-17. To this end, the holder is informed of the reasons for obtaining his consent and of the rules which apply to the consultation of his shared medical record by the professional concerned.
Professional access to the shared medical record is, in all cases, carried out in compliance with the confidentiality rules specified in I of article L. 1110-4 and the interoperability and security guidelines mentioned in article L. 1470-5.
These professionals have access only to the data strictly necessary for the care of the holder of the shared medical record, in compliance with the rules for managing access rights set by an order of the Minister for Health, issued after consultation with the Caisse nationale de l’assurance maladie, the national councils of health professional associations, the Union nationale des associations agréées d’usagers du système de santé mentioned in article L. 1114-6 and the Commission nationale de l’informatique et des libertés.
Persons working under the responsibility of an authorised professional may enter shared medical records in the name and on behalf of this professional.
The holder may indicate in his shared medical record the identity of the healthcare professionals or establishments, social or medico-social establishments or services to whom he intends to deny access to his record. The list of these professionals may be modified at any time by the holder.
The holder is informed of each access to his shared medical record by a professional, by a healthcare establishment, by a social or medico-social establishment or service or by a digital health service or tool.