Regulations and policies regarding access, use or disclosure of human tissue

Amy S Van Wey Lovatt made this Official Information request to Ministry of Health

Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Amy S Van Wey Lovatt

Dear Ministry of Health,

RE: Regulations and policies regarding access, use or disclosure of human tissue

According to section 121A of the Health Act 1956, Regulations as to retention of health information
(1) Regulations made under this Act may provide for all or any of the following matters:
...
(b) the safeguards to be taken by any holder, or any class or classes of holder, of health information or specimens, to ensure that health information or specimens, or any class or classes of health information or specimens, is protected against all or any of the following:
...
(ii) access, use, modification, or disclosure, except where properly authorised:

Request 1:
I respectfully request a complete list of all regulations and MoH policies pertaining to the "access, use, modification, or disclosure" of specimens, which are defined as bodily sample or tissue sample taken from a person in clause 2 of s 121A.

Request 2:
According to the preamble of the Health (Retention of Health Information) Regulations 1996, "Pursuant to sections 117 and 121A of the Health Act 1956, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations." Thus, are "specimens" therefore included as "Health Information" under the Health (Retention of Health Information) Regulations 1996?

Yours faithfully,

Amy S Van Wey Lovatt

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Ministry of Health


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Kia ora

Please find attached a letter regarding your request for official
information.

Ngā mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

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From: Amy S Van Wey Lovatt

Dear Ministry of Health,

Thank you for your thoughtful consideration and response to my request. Your response is consistent with the research I had done, but wasn't sure if I had missed any standards not in the legislation.

This leads me to believe that each DHB has its own policy for the "access, use, modification, or disclosure, except where properly authorised" of human tissue and that these policies must be based on some professional standard, such as the RCPA Policy, Provision of second opinions with particular reference to morphological examination.

I respectfully request the Ministry of Health's assistance in obtaining a copy of every DHB's policy on the "access, use, modification, or disclosure, except where properly authorised" of human tissue which was obtained for diagnostic purposes, and the professional standards which these policies are based upon.

Thank you in advance your quick response and help in this matter. I've been very impressed with the MoH's commitment to transparency and provision of information to the NZ people.

Yours faithfully,

Amy S Van Wey Lovatt

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Ministry of Health


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Kia ora Amy

You may wish to approach each individual DHB for this information. This
request is now deemed closed.

Ngā mihi

OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [email address]

From:        "Amy S Van Wey Lovatt"
<[FOI #12082 email]>
To:        "OIA/LGOIMA requests at Ministry of Health"
<[Ministry of Health request email]>,
Date:        25/02/2020 02:42 p.m.
Subject:        Re: Response to your request for information, Ref:
H202000326

--------------------------------------------------------------------------

Dear Ministry of Health,

Thank you for your thoughtful consideration and response to my request.
Your response is consistent with the research I had done, but wasn't sure
if I had missed any standards not in the legislation.

This leads me to believe that each DHB has its own policy for the "access,
use, modification, or disclosure, except where properly authorised" of
human tissue and that these policies must be based on some professional
standard, such as the RCPA Policy, Provision of second opinions with
particular reference to morphological examination.

I respectfully request the Ministry of Health's assistance in obtaining a
copy of every DHB's policy on the "access, use, modification, or
disclosure, except where properly authorised" of human tissue which was
obtained for diagnostic purposes, and the professional standards which
these policies are based upon.

Thank you in advance your quick response and help in this matter. I've
been very impressed with the MoH's commitment to transparency and
provision of information to the NZ people.

Yours faithfully,

Amy S Van Wey Lovatt

show quoted sections

Link to this

From: Amy S Van Wey Lovatt

Dear Ministry of Health,

I do appologize if I was not clear. I ask for your assistance, pursuant to section 13 of the OIA to gather this information, even if it means transfering my request, pursuant to section 14 of the OIA.

Yours faithfully,

Amy S Van Wey Lovatt

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