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Every patient is welcome to join the Electronic Health Record Sharing System (eHRSS). What if the
patient is a minor or lacks the required mental capacity to join eHRSS? Under these circumstances, an
eligible substitute decision maker (SDM) may handle eHRSS registration matters for and on behalf of
the patient. |
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| Who will need an SDM? |
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| For a patient who is under 16, or aged 16 or above and of any of the following, an eligible SDM can act for and on behalf of the patient for eHRSS registration matters - |
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Mentally incapacitated as defined by the Mental Health Ordinance (Cap. 136) (MHO) s2(1); |
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Incapable of managing his/ her own affairs; |
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Incapable of giving joining consent at the relevant time as defined in the Electronic Health
Record Sharing System Ordinance (Cap. 625) (eHRSSO); or |
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Incapable of giving sharing consent at the relevant time as defined in eHRSSO. |
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| Who can be SDMs? |
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| For a child aged under 16, an SDM can be- |
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His/ her parent; |
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His/ her guardian; |
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A person appointed by court to manage his/ her affairs; |
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In the absence of (a) to (c), his/ her family member or a
person residing with him/ her; or |
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In the absence of (a) to (d), a prescribed healthcare provider
(HCP) who provides/ will provide healthcare to him/ her. |
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| For an individual aged 16 or above but incapable of giving consent, an SDM can be- |
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His/ her guardian; |
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The Director of Social Welfare or any other person qualified as
guardian under MHO; |
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A person appointed by court to manage his/ her affairs; |
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In the absence of (a) to (c), his/ her family member; or a
person residing with him/ her; or |
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In the absence of (a) to (d), a prescribed HCP who provides/
will provide healthcare to him/ her. |
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An SDM may handle eHRSS registration matters for and on behalf of a patient |
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What matters could an SDM handle for the patient?
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Joining eHRSS; |
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Giving sharing consent to individual HCPs; |
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Managing sharing consent, including renewing, updating or revoking a sharing consent; and |
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Requesting for the patient’s withdrawal from eHRSS. |
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| Enhancement Measures for Applications Submitted
by SDMs |
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| To facilitate patients’ registration with eHRSS, starting from December 2017, the following types of SDMs can make online application on behalf of a child or another person- |
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a parent or family member of a child aged under
16, or a person residing with the child; or |
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a family member of an individual who is aged 16
or above but incapable of giving consent, or a
person residing with the individual. |
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What are the responsibilities of an SDM?
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In handling eHRSS registration matters for and on behalf of a patient, an SDM is required to confirm that -
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The patient meets the conditions for requiring an SDM as set out in eHRSSO; |
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He/ she is an eligible SDM in accordance with the requirements as set out in eHRSSO; |
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When the application is made, he/ she shall be accompanying the patient and have regard to the
patient’s best interest; |
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He/ she shall be responsible for all matters regarding eHRSS registration for the patient in the
circumstances. |
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| SDMs are required to read the "Participant Information Notice", in particular the “Important Notes for SDM
Handling Registration Matters on Behalf of a Healthcare Recipient” when acting on behalf of the patient. |
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| Participant Information Notice: |
| http://www.ehealth.gov.hk/en/you-and-your-family/support/participant-information-notice.html |
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In the case of a parent acting as an SDM on a child’s eHRSS
registration, what will happen if the child turns 16?
When the child turns 16, consents previously given by the parent will
remain valid and effective. The patient can nonetheless choose to amend
his/ her registration in eHRSS at any time (e.g. to register by himself/
herself, withdraw from eHRSS, change or revoke a sharing consent given
to an HCP).
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| For more information, please refer to |
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