Frequently asked question – What do I need to know about preparing and uploading documents to a My Health Record?
Published 23 June 2016
What is the difference between preparing and uploading documents?
- Preparing/authoring is the process of someone writing the document
- Uploading is the process of uploading the document to the My Health Record system
Can I upload a document written by another healthcare provider?
- Yes. A healthcare provider organisation can upload a document prepared by a healthcare provider who is employed by a different organisation as long as the healthcare provider who prepared the document had an HPI-I and the upload would not infringe copyright (see additional copyright information below). For example, you (or an authorised employee, such as a receptionist) could upload a referral letter from a GP to the patient’s My Health Record.
- There is no obligation on healthcare providers to upload documents written by other healthcare providers – this decision is at the healthcare provider’s discretion.
Are health related documents subject to copyright?
- All health-related documents, including those that are uploaded to the My Health Record system, may be subject to copyright. For example, diagnostic reports, specialist letters, discharge summaries, etc. are all likely to be subject to copyright
- The copyright in documents might be owned by the uploading healthcare provider organisation. Alternatively, the copyright might be owned by someone else. Unfortunately, there is no quick and simple way to work out who owns copyright
- Recent legislative changes address copyright in two different ways, depending on when the health-related document was prepared
- For documents prepared before 1 March 2016, the document must not be uploaded to the My Health Record system if to do so would result in copyright infringement. It is not straightforward working out who owns the copyright in a document and, without that information; it is difficult to know if uploading would amount to infringement. Practically, it is expected that most healthcare provider organisations will choose not to upload documents created before 1 March 2016 to avoid any possibility of copyright infringement (unless they are certain that they own the copyright in the document)
- For documents prepared on and after 1 March 2016, a document uploaded to, used in, or downloaded from the My Health Record system and subsequently used will not infringe copyright provided that:
- the collection, use or disclosure of the document is authorised under the My Health Records Act 2012; or
- the document is used for the purpose of providing healthcare.