The secret is what needs to be hidden, he must not say, it is also silent on a matter entrusted.
Professional secrecy is a legal prohibition to disclose a secret that or to have knowledge in the exercise of its functions.
I- THE PURPOSE AND FOUNDATION OF MEDICAL SECRET :
All occupations are subject to professional secrecy .the medical confidentiality is a symbol of respect for the dignity of the patient. This is a right of the patient and a doctor's duty.
II- CONTENT AND LIMITS :
The secret covers everything the doctor avu, in entendu, understood or it was given in the exercise of its functions by the patient.
It is kept even after the patient's death.
III- LEGAL DEROGATIONS :
- statements birth ;
- declarations of death ;
- statements of communicable diseases ;
- statements of child abuse ;
- the certificate premptial :
- occupational diseases ;
- requisitioning ;
- sanitary border control.
IV- THE SECRET AND THE LAW :
1- The Penal Code :
Article 301 : the doctors, Surgeons, pharmacists, midwives or other persons vested, by occupation or profession or permanent or temporary functions, secrets that are entrusted to them, that during the event the law obliged or authorized to act as informer, revealed these secrets, are punished with imprisonment of one to six months and a fine of 500 at 5000 GIVES.
2- The Code of Health :
Article 206 : the doctors, dentists and pharmacists are bound to observe professional secrecy, unless the legal provisions in the loosened expressly.
3- The Code of Ethics :
Article 36 : professional secrecy, instituted in the interest of the patient and the community, will apply to all medical and dental surgeon unless the law provides otherwise.
Article 37 : professional secrecy covers everything the doctor, the dentist saw, heard, understood or given to it in the exercise of his profession.
Article 41 : medical confidentiality is not abolished by the death of the patient, except to enforce rights.
Course of Dr A. Ferout – Faculty of Constantine