Posting Medical Data: A Forum Query

[SW VandeCarr]

Recently, I responded to a post in the Medical Sciences Forum where a self identified medical student had a question about a linked Xray. I questioned whether this was appropriate. There were no identifiers that I could see on the Xray and the OP claimed to have downloaded it from a site where his school stores medical data for educational purposes. I just wonder if you have a policy about posting such data here (without identifiers of course) since this is an open site. Thanks.

 

[Monique]

It would depend on the country and state what the particular regulations are for using medical information for educational or research purposes. The material was released for educational purposes and there are no identifiers present, so I don't see a problem with posting such scans.

 

[SW VandeCarr]

It would depend on the country and state what the particular regulations are for using medical information for educational or research purposes. The material was released for educational purposes and there are no identifiers present, so I don't see a problem with posting such scans.

Thanks. In the US, medical records are now considered the property of the patient and can be used for educational purposes only if the patient consents, although there special cases and exceptions. I guess it will up to the OP to assure that such records are publicly available.

 

[cronxeh]

Thanks. In the US, medical records are now considered the property of the patient and can be used for educational purposes only if the patient consents, although there special cases and exceptions. I guess it will up to the OP to assure that such records are publicly available.

That is not exactly accurate. You can release patient's record if all identifying information about the patient has been removed from the release.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

De-Identified Health Information. There are no restrictions on the use or disclosure of de-identified health information. De-identified health information neither identifies nor provides a reasonable basis to identify an individual. There are two ways to de-identify information; either: (1) a formal determination by a qualified statistician; or (2) the removal of specified identifiers of the individual and of the individual’s relatives, household members, and employers is required, and is adequate only if the covered entity has no actual knowledge that the remaining information could be used to identify the individual.

Here is the process of de-identifying the information:
http://cfr.vlex.com/vid/164-514-uses-disclosures-protected-19931886

And all the applicable laws regarding privacy are on this page:
http://cfr.vlex.com/source/code-federal-regulations-public-welfare-1094/page/48


Particularly of interest are §§ 164.502(d)(2), 164.514(a) and (b).