| (1) | Where medical personnel or the head of a medical institution receive a request from another medical personnel or the head of another medical institution to verify the details of medical records referred to in Article 22 or 23 or to send or transmit his/her clinical opinion on the progress of medical treatment of a patient, he/she shall comply with such request with the consent of the relevant patient or his/her guardian: Provided, That where the relevant patient has fallen into unconsciousness or is in emergency, or where it is impracticable to obtain the consent due to the absence of the patient's guardian, they can be submitted or transmitted without consent of the patient or his/her guardian. |
| (2) | Where medical personnel or the head of a medical institution transport an emergency patient to another medical institution, he/she shall send without delay copies of medical records, etc. prepared as at the time the patient visited the relevant hospital. |
| (3) | In order to support the affairs related to the transmission of copies of medical records, clinical opinions on the progress of medical treatment, etc. pursuant to paragraphs (1) and (2), the Minister of Health and Welfare may establish and operate an electronic information system (hereafter referred to as "medical record transmission support system" in this Article). |
| (4) | The Minister of Health and Welfare may entrust the establishment and operation of a medical record transmission support system to a related specialized institution, as prescribed by Presidential Decree. In such cases, the Minister of Health and Welfare may subsidize all or part of the necessary expenses. |
| (5) | A specialized institution entrusted with the affairs pursuant to paragraph (4) shall observe the following matters: |
| 1. | It shall take technical and managerial measures necessary to secure safety, such as designation of persons with right of access, installation of a firewall, use of encryption software, and keeping access records in custody, to prevent divulgence, falsification, damage, etc. of information retained in the medical record transmission support system, as prescribed by Presidential Decree; |
| 2. | It shall not re-entrust the affairs related to the operation of the medical record transmission support system to another institution; |
| 3. | It shall not provide on its own discretion or divulge information retained in the medical record transmission support system to a third person. |
| (6) | The Minister of Health and Welfare may request medical personnel or the head of a medical institution to submit data necessary to establish and operate a medical record transmission support system, such as the data related to the consent of patients or patient's guardians referred to in the main sentence of paragraph (1), as prescribed by Ministerial Decree of Health and Welfare, and retain and use them within the scope of the purpose of the receipt thereof. In such cases, a person, in receipt of a request to submit data, shall comply therewith, except in extenuating circumstances. |
| (7) | Other necessary matters for the establishment, operation, etc. of a medical record transmission support system shall be prescribed by Ministerial Decree of Health and Welfare. |
| (8) | No one shall divulge, falsify or damage information stored in a medical record transmission support system without good cause. |
| (9) | Except as expressly provided for in this Act, matters necessary for the establishment and operation of a medical record transmission support system shall be governed by the Personal Information Protection Act. |
[This Article Added by Act No. 14438, Dec. 20, 2016]