The Federal Ministry of Health (BMG) considers sensitive health data to be at risk in the law for the protection of electronic patient data in the telematics infrastructure (PDSG) if digital solutions such as the e-prescription are to be introduced on a binding basis. For this reason, the Patient Data Protection Act was planned as a draft without exceptions, which are now to be softened by a special regulation by the health ministers of the federal states following a statement. The state health ministries are calling for special situations in care to be laid down by the health committee in the Bundesrat. According to this, there should be exceptions to the ban on tampering with e-prescriptions. Dr. Peter Schreiner, managing director of Gehe, warns against such exceptions, as they would repeatedly confirm the rule. The ABDA and the health ministers of the federal states have contradictory opinions. The state health ministers are therefore calling for rules for special situations in care, for example in the provision of cytostatic drugs and for patients who do not use smartphones. However, Schreiner believes that the targeted guidance of prescriptions by prescription brokers represents a major risk potential, as it would jeopardize the freedom of choice of every patient. Every patient has the free choice of pharmacy, which is not open to attack. However, the advocates of special situations believe in legally compliant rules which the doctor observes when sending an e-prescription to the desired pharmacy of the affected patient in exceptional cases. At this point, however, a declaration of the specific rights management by the doctor is required, which the patient has defined in advance. The Health Committee in the Federal Council also demands that abusive tampering by revoking the patient’s written consent is possible at any time. An analysis of referral behaviour would have to provide statistical clarification in this regard. The Länder also propose that the Federal Joint Committee (B-BA) should define the exceptions. An analogous alternative to the e-prescription, the tried and tested paper prescription, is proposed by the party „Die Linken“, because in their opinion, an obligation to use the e-prescription for the above-mentioned exception groups poses a problem. Although the Bundestag can consider the recommendations of the Health Committee of the Länder, it does not have to accept them and can disregard them, as the PDSG does not require approval.
Source: Apotheke-Adhoc