New Exceptions for Filling Requirements in Electronic Patient Records

The electronic patient record (ePA) is designed to securely store sensitive health information, necessitating robust security measures. Users have control over their data, allowing them to obscure or erase specific entries as needed.

For children and adolescents, however, the situation differs significantly. Until the age of 15, parents or guardians hold authority over their children's medical records. This has raised concerns among healthcare professionals, particularly regarding sensitive matters like the prescription of contraceptives, where parents may not need to be informed. To safeguard the well-being of young patients, healthcare providers already have the option to omit critical information from the ePA if disclosing it could jeopardize the patient's safety.

Moreover, the ePA has implications for third-party rights. For instance, psychological evaluations might reveal details about abusive parents or include information about a patient's employer, which could inadvertently affect others.

The electronic patient record system is still in the testing phase, with healthcare providers required to begin filling patient records only from October. Due to existing regulatory gaps regarding the handling of these sensitive data, the German government is taking steps to amend the situation. The forthcoming Care Competence Act includes specific provisions related to the ePA.

This legislation proposes new exceptions to the mandatory filling of the ePA, applicable in cases of significant therapeutic reasons, protection of third-party rights, or if there are substantial indications that a child's or adolescent's welfare may be at risk.

The Care Competence Act is slated for a cabinet vote on August 6, after which it will need to pass through the Bundestag and the Bundesrat.