- References for developing this Code of Practice
- SDM arrangement for eHR sharing
- Healthcare providers in eHRSS
- Access to eHRSS by healthcare professionals
- Sharable clinical data in initial phase of eHRSS sharing
- Code of Conduct / Practices of healthcare professionals and relevant registration ordinances
- Code of Practice of healthcare orginisations in Hong Kong
- Policies, guidelines & procedures and other relevant information released by eHR office for participating in eHRSS
- Reference from the office of the Privacy Commissioner for Personal Data (PCPD)
- Common terms about uses of eHR in eHRSS
1. References for developing this Code of Practice
- Advisory Guidelines For The Healthcare Sector. Singapore. 2014.
- Australian Medical Association. AMA Guide to Medical Practitioners on the use of the Personally Controlled Electronic Health Record System. Australia. 2012.
- Australian Government Minister for Health and Ageing. Concept of Operations: Relating to the Introduction of a Personally Controlled Electronic Health Record System. Australia. 2011.
- British Medical Association. Confidentiality and Disclosure of Health Information. Guidance from the BMA's Medical Ethics Department. UK. 1999.
- British Medical Association and Royal College of General Practitioners. The Good Practice Guidelines for GP Electronic Patient Records. 2011.
- British Psychological Society. Guidelines on the Use of Electronic Health Record. UK. 2011.
- Canada Health Infoway Inc. White paper on Information Governance of the Interoperable Electronic Health Record (EHR). Canada. 2007.
- Canada Health Infoway Inc. Electronic Health Record (EHR) Privacy and Security Requirements – Reviewed with Jurisdictions and Providers. Canada. 2005.
- Code of conduct / practices of healthcare professionals and relevant registration ordinances in Hong Kong and Code of Practices issued by healthcare organisations in Hong Kong.
- Department of Health of Western Australia. Practice Code for the Use of Personal Health Information. Australia. 2009.
- Department of Health. Contracted Service Providers Participating in the eHealth Record System: Frequently Asked Questions. Australia. 2013.
- Department of Health. Participation Agreement. Personally Controlled Electronic Health Record System. Australia. 2013.
- General Medical Council. Good Medical Practice. UK. 2006.
- General Medical Council. Confidentiality. UK. 2009.
- Hong Kong Medical Association & Independent Commission Against Corruption. Integrity in Practice. A Practical Guide for Medical Practitioners on Corruption Prevention.
- Information Commissioner's Office. Data Sharing Code of Practice. UK. 2011.
- Information and Privacy Commissioner. A Guide to Personal Health Information Protection Act. Ontario. 2004.
- Medical Board of Australia. Good Medical Practice: A Code of Conduct for Doctors in Australia. Australia. 2009.
- National Health Service. The Care Record Guarantee. Our Guarantee for NHS Care Records in England. 2009.
- National Health Service. Confidentiality. NHS Code of Practice. UK. 2003.
- National Health Service. Information Security Management - NHS Code of Practice. UK. 2007.
- Office of Privacy Commissioner. On the Record. A Practical Guide to Health Information Privacy. New Zealand. 2011.
- Personal Data Protection Commission. A History and Theory of Informed Consent. New York: Oxford University Press. 1986.
- Principles of Biomedical Ethics. New York: Oxford University Press 1994.
- Policies, guidelines & procedures and other relevant information released by eHR Office for participating in eHRSS.
- Reference from the Office of the Privacy Commissioner for Personal Data (PCPD).
2. Substitute decision maker (SDM) arrangement for electronic health record (eHR) sharing
Healthcare recipient under 16, or aged 16 or above and who is of any of the following, an eligible SDM can act on the person's behalf at the person's best interest on the following relevant occasions: giving joining consent and sharing consent, renewal or revocation of a sharing consent and request for withdrawal of participation in Electronic Health Record Sharing System ("eHRSS" or "the System").
|Persons incapable of giving consent||Persons who may act as SDM|
|(a) A minor (below 16 years old)||
|(b) Healthcare recipient who is 16 years old or above and is incapable of giving the person's own consent2||
1 Appointed under Guardianship of Minors Ordinance (Cap. 13) or appointed by court 2 Mentally incapacitated as defined by Mental Health Ordinance (Cap. 136) s2(1);
Incapable of managing his or her own affairs;
Incapable of giving joining consent at relevant time;
Incapable of giving sharing consent at relevant time 3 Appointed under Mental Health Ordinance (Cap. 136) 4 Under MHO s44A(1)(i), 44B(2A) or 59T(1) or 44B(2B) or 59T(2)
3. Healthcare providers in eHRSS
Healthcare provider that provides healthcare at one service location in Hong Kong may apply to the Commissioner for the Electronic Health Record ("the Commissioner" or "eHRC") to be registered as a healthcare provider for the System for the location.
A person provides healthcare at one service location if the person –
- is registered under section 3(4) of the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap. 165) in respect of one hospital or one maternity home;
- is registered under section 5(2) of the Medical Clinics Ordinance (Cap. 343) in respect of one clinic;
- carries on the business of dentistry under section 12 of the Dentists Registration Ordinance (Cap. 156) at one place;
- holds a certificate of exemption issued under section 7(2), or a licence issued under section 8(2)(a), of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459) in respect of one residential home and engages a healthcare professional
- holds a licence issued under section 7(2)(a), or a certificate of exemption issued under section 11(2)(a), of the Residential Care Homes (Persons with Disabilities) Ordinance (Cap. 613) in respect of one residential home for PWDs and engages a healthcare professional
- is a specified entity that engages a healthcare professional to perform healthcare at one premises
The Commissioner may register a Government department as a healthcare provider for the System if the Commissioner is satisfied that the department provides a healthcare professional to perform healthcare for any healthcare recipient.
4. Access to eHRSS by healthcare professionals5
Access to eHRSS would be allowed for the following healthcare professionals:
- Registered medical practitioner (Cap. 161);
- Registered nurse or enrolled nurse (Cap. 164);
- Registered midwife (Cap. 162);
- Registered dentist (Cap. 156);
- Registered pharmacist (Cap. 138);
- Registered medical laboratory technologist (Cap. 359A);
- Registered radiographer (Cap. 359H);
- Registered dental hygienist (Cap. 156B);
- Registered chiropractor (Cap. 428);
- Registered occupational therapist (Cap. 359B);
- Registered optometrist (Cap. 359F);
- Registered physiotherapist (Cap. 359J); and
- Registered and listed Chinese medical practitioner (Cap. 549).
Sharing by different healthcare professionals at different phases will be reviewed from time to time and announced by eHR Office.
5 eHRSSO Cap. 625, Schedule
5. Sharable clinical data in initial phase of eHRSS sharing
This section is extracted from the eHR Content Standards Guidebook.
Healthcare professionals should be aware that the eHRC will review, decide and update the sharable scope from time to time.
|1. Personal identification and demographic data||
All information that is required to accurately and uniquely identify a person, including:
|2. Encounters / appointments||
A list of booked appointments and attended healthcare encounters (contact between a person and the healthcare practitioner who will assess, evaluate and treat a person). An episode is composed of one or more encounter(s).
|3. Healthcare referrals||
Information that is required when a healthcare practitioner transfers all or a portion of a person's care to another healthcare professional.
|4. Clinical note / summary||
The clinical note / summary contains information that summarize the following:
|5. Allergies and adverse drug reactions||
Information on the type of biological, physical or chemical agents that would result in / is proven to give rise to adverse health effects. Details of the adverse reactions, if occurred, should also be included.
All active and inactive significant health and social problems. A problem can be a diagnosis, pathophysiological state, significant abnormal physical sign and examination finding, social problem, risk factor, allergy, reaction to drugs or foods, or health alert.
Any significant procedures that are done for diagnosis, exploratory or treatment purposes.
|8. Birth records||
The basic information about the eHR participant's birth, e.g. place of birth, birth weight, maturity. Part of the information relating to birth would fall under the other sharable scope, e.g. diagnosis, procedure, assessment.
This includes medication ordered and/or dispensed/administered during the healthcare process.
|10. Immunisation records||
Vaccines administered to the person.
|11. Laboratory reports||
Result of the laboratory tests which are sub-classified according to the nature of the test, namely anatomical pathology, biochemistry, haematology, microbiology, virology, and other laboratory test.
|12. Other investigation reports||
Other diagnostic test results could be of diverse range as discrete data element or a full report of the diagnostic test. Images, e.g. clinical photos, tracing, could also be included.
|13. Radiology reports||
Radiology results would include radiology report and images. They are sub-classified according to modality, e.g. plain x-ray, fluoroscopy, ultrasound, computed tomography, magnetic resonance imaging, nuclear medicine, angiography and vascular interventional radiography, non-vascular interventional radiography, positive emission tomography and others.
6. Code of Conduct / Practices of healthcare professionals and relevant registration ordinances
|Registered healthcare professionals||Documents||Issuing authority||Cap||Remarks|
|1. Medical practitioner||Code of Professionals Conduct for the Guidance of Registered Medical Practitioners
|Medical Council of Hong Kong||Cap. 161||Revised in Jan 2016|
|Code of Practice for doctors (private hospital association)
|Private Hospital Association||Revised in May 2020|
|2. Nurses (registered or enrolled)||Code of Ethics and professionals conduct for nurses in Hong Kong
|The Nursing Council of Hong Kong||Cap. 164||Revised in Jan 2015|
|3. Dentist||Code of Professionals discipline for the guidance of dental practitioners in Hong
|The Dental Council of Hong Kong||Cap. 156||Revised in July 2008|
|4. Dental hygienists||No information found in the website of the dental council of Hong Kong and there is no Code of Practice for the dental hygienists||Cap. 156B|
|5. Chiropractors||Code of Practice
|Chiropractors Council of Hong Kong||Cap. 428||Revised in Jan 2017|
|6. Midwife||Code of Professional conduct and practice for midwives in Hong Kong
|Midwives Council of Hong Kong||Cap. 162||2016 version|
|7. Pharmacist||Code of Professional Conduct for the guidance of registered pharmacists in Hong
|Pharmacy and Poisons Board of Hong Kong||Cap. 138||2017 Version|
|8. Medical laboratory technologist||Code of Practice for registered medical laboratory technologists
|Medical Laboratory Technologists Board of Hong Kong||Cap. 359A||Revised in April 2012|
|9. Occupational therapist||Code of Practice for registered occupational therapists
|The Occupational Therapists Board of Hong Kong||Cap. 359B||Revised in July 2017|
|10. Optometrist||Code of Practice for registered optometrists
|Optometrists Board of Hong Kong||Cap. 359F||Revised in Sep 2008|
|11. Radiographer||Code of Practice for registered radiographers
|The Radiographers Board of Hong Kong||Cap. 359H||1998 Version|
|12. Physiotherapist||Code of Practice for registered physiotherapists
|The Physiotherapists Board of Hong Kong||Cap. 359J||Revised in Jan 2014|
|13. Chinese medicine practitioner
||Code of Professionals Conduct for Registered Chinese Medicine Practitioners in Hong
|Chinese Medicine Council of Hong Kong||Cap. 549||Revised in July 2015|
|Code of Conduct for listed Chinese medicine practitioners in Hong Kong
|Revised in Jan 2018|
7. Code of Practice of healthcare orginisations in Hong Kong
|1. Clinics registered under the medical clinics ordinance under medical clinics Ordinance (Cap. 343)||Code of Practice for clinics registered under the medical clinics Ordinance (Cap. 343)
|Department of Health||Cap. 343||2010 Version|
|2. Private hospitals, nursing homes and maternity home registered under the hospital, nursing and maternity homes registration Ordinance (Cap. 165)||Code of Practice For private hospitals, nursing homes and maternity homes
|Department of Health||Cap. 165||2016 Version|
8. Policies, guidelines & procedures and other relevant information released by eHR office for participating in eHRSS*
General policies and guidelines
- Participant information notice
- Conditions of Registration of Healthcare Providers (Private Hospitals) in eHRSS/ Conditions of Registration of Healthcare Providers (other than Private Hospitals) in eHRSS
- eHRSS Personal Information Collection Statements
- Important Note for Healthcare Providers who Perform Healthcare Recipient Registration and / or Obtaining Joining and Sharing Consent In Electronic Health Record Sharing System
- Training Materials for the Operation of Registration Centres
- Guidelines on Management of Healthcare Recipient Index
- Guidelines on Management of Healthcare Recipient (HCR) Data by Healthcare Providers
- eHRSS Data Retention Policy
- Policy and Guidelines for Handling Data Access Request (DAR) and Data Correction Request (DCR) in eHRSS
- Guidelines and Procedures for Using Hong Kong Identity (HKIC) Card for eHR
- Frequently Asked Questions for eHRSS
eHR data standards
- eHR content standards guidebook
- Editorial guide on Hong Kong clinical terminology table – overview
- Guide on implementation & maintenance of the Hong Kong clinical terminology table
eHR security and system connection guidelines
- IT security policies for eHRSS
- Security assessment checklist for participating in the eHRSS
- Data interoperability guide
- Communication protocol (data interface) specification
- Encapsulated Linkage Security Application ("ELSA") installation guide
- Token inventory management user guide
- eHR adaptor interface specification
- Process report and exceptional reporting equirement
*The policies, guidelines & procedures and other relevant information released maybe updated from time to time. Please access www.ehealth.gov.hk or contact eHR Office for most updated information.
9. Reference from the office of the Privacy Commissioner for Personal Data (PCPD)6
- Office of the Privacy Commissioner for Personal Data
- Personal Data (Privacy) Ordinance (Cap. 486)
- Data Protection Principles
- Code of Practice and Guideines
- Guidance Note
- Information Leaflets
- Proper Handling of Data Access Request and Charging of Data Access Request Fee by Data Users
- Guidance on the Proper Handling of Data Correction Request by Data Users
- Code of Practice on the Identity Card Number and other Personal Identifiers - Compliance Guide for Data Users (July 2016)
6 The references from PCPD listed in this COP are not exhaustive. PCPD may issue more Code of Practice or Guideline Note or other material or update any existing documents from time to time. Readers of this COP are advised to access to the internet website of the Office of the Privacy Commissioner for Personal Data for the most updated information.
10. Common terms about uses of eHR in eHRSS