0A4F4F9BD490A749D5437F821CF06DF1
Resolution CFM Nº 1.821, 23 November 2007
http://www.portalmedico.org.br/resolucoes/cfm/2007/1821_2007.htm
http://leaux.net/URLS/ConvertAPI Text Files/5C8A9CB88AA60FD5617E1DE078084D4C.en.txt
Examining the file media/Synopses/5C8A9CB88AA60FD5617E1DE078084D4C.html:
This file was generated: 2020-07-15 04:08:44
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / criminal
Searching for indicator criminal:
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p.(None): Conarq Resolution No. 22, of June 30, 2005, provides for guidelines for the evaluation of documents in health institutions.
p.(None): NBR ABNT No. 10,519 / 88, of October 1, 1988, sets the conditions required for the rationalization of Brazilian, public and
p.(None): establish precepts capable of guiding the action of those responsible for the analysis and selection of documents, with a view to
p.(None): deadlines for safekeeping and / or disposal.
p.(None): There are also more provisions in the legislation on the subject:
p.(None): Law 8,935, of November 18, 1994, regulates art. 236 of the Federal Constitution, providing for notary and registry services and
p.(None): provides for the use of electronic filing by notary and registry services.
p.(None): Law 9.492, of September 10, 1997, of definite competence, regulates the services related to the protest of titles and other
p.(None): debt documents and establishes in its art. 41 that “For the services provided for in this Law, Notaries may adopt, regardless of
p.(None): authorization, computer systems, microfilming, electronic image recording and any other means of reproduction ”.
p.(None): Law No. 9,503, of September 23, 1997, establishes the Brazilian National Traffic Code and determines that traffic departments must
p.(None): keep on file, for 5 (five) years, the documents referring to the driving, registration and licensing of vehicles, with the offices
p.(None): make use of microfilming technology or magnetic media.
p.(None): Law 9,800, of May 26, 1999, allows the parties to use a data transmission system to practice procedural acts,
p.(None): that is, sending petitions via e-mail, subject to certain requirements.
p.(None): Law No. 9,983, of July 14, 2000, changes Decree-Law No. 2,848, of December 7, 1940.
p.(None): Law 10,259, of July 12, 2001, provides for the institution of special civil and criminal courts within the scope of Federal Justice and its
p.(None): Article 8 standardizes electronic subpoena in the civil area for all legal entities governed by public law.
p.(None): Decree No. 660, of September 25, 1992, institutes the Integrated Foreign Trade System - Siscomex. and authorizes
p.(None): importers / exporters to use the issuing of documentation, related to foreign trade, through electronic processing of
p.(None): online data and images and magnetic media.
p.(None): Decree No. 2,954, of January 29, 1999, establishes rules for the drafting of normative acts within the powers of the Government
p.(None): Executive.
p.(None): Decree No. 3,714, of January 3, 2001, provides for the transfer of documents by electronic means referred to in art. 57-A of the Decree
p.(None): No. 2,954, of January 29, 1999.
p.(None): Decree No. 3,779, of March 23, 2001, adds provision to art. 1 of Decree No. 3,714, of January 3, 2001, which provides for
p.(None): remittance of documents by electronic means.
p.(None): Decree No. 3,996, of October 31, 2001, provides for the provision of digital certification services within the scope of public administration
p.(None): federal.
p.(None): Decree No. 4,414, of October 7, 2002, amends Decree No. 3,996, of October 31, 2001, which provides for the provision of
p.(None): digital certification within the federal public administration.
p.(None): Ordinance No. 1,121, of November 8, 1995, of the Ministry of Labor, provides for the computerization of the employee registry and other
p.(None): data related to the employment contract (use of electronic storage of documents in the labor area).
p.(None): Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil, approves the Declaration of Certification Practices of AC- Raiz da
p.(None): ICP-Brasil.
...
Social / Property Ownership
Searching for indicator property:
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p.(None): Approves the technical standards regarding the digitization and use of computerized systems for the safekeeping and
p.(None): handling the documents of the patients' medical records, authorizing the elimination of paper and the exchange of
p.(None): information identified in health.
p.(None): THE FEDERAL COUNCIL OF MEDICINE, in the use of the powers conferred by Law No. 3,268, of September 30, 1957, as amended by Law No.
p.(None): 11,000, of December 15, 2004, regulated by Decree nº 44.045, of July 19, 1958, and
p.(None): WHEREAS the physician has the duty to prepare a medical record for each patient he attends;
p.(None): WHEREAS the Federal Council of Medicine (CFM) is the certifying authority for physicians in Brazil (AC) and will distribute the CRM-Digital
p.(None): interested doctors, which will be a standard ICP-Brasil certificate;
p.(None): WHEREAS the support, diagnosis and therapeutic service units have their own documents, which are part of the medical records
p.(None): patients;
p.(None): CONSIDERING the growing volume of documents stored by the various types of health facilities, as defined by
p.(None): types of units of the National Registry of Health Establishments, of the Ministry of Health;
p.(None): CONSIDERING the advances in information and telecommunications technology, which offer new methods of storage and
p.(None): data transmission;
p.(None): CONSIDERING the content of CFM Resolutions No. 1,605, of September 29, 2000, and 1,638, of August 9, 2002;
p.(None): CONSIDERING the content of CFM Opinion No. 30/02, approved at the plenary session of July 10, 2002, which deals with medical records prepared in
p.(None): electronic means;
p.(None): WHEREAS the patient's medical record, in any storage medium, is the physical property of the institution where it is
p.(None): assisted - regardless of whether it is a health unit or office - who is responsible for keeping the document;
p.(None): WHEREAS the data contained therein belong to the patient and can only be disclosed with his authorization or that of his guardian, or
p.(None): for legal duty or just cause;
p.(None): WHEREAS the medical record and its data belong to the patient and must be permanently available, so that
p.(None): when requested by him or his legal representative, allow the provision of authentic copies of the relevant information;
p.(None): WHEREAS professional secrecy, which aims to preserve the privacy of the individual, must be subject to the rules established in the
p.(None): legislation and the Medical Code of Ethics, regardless of the means used to store data in the medical record, whether electronic or in electronic form.
p.(None): paper;
p.(None): CONSIDERING the provisions of the Certification Manual for Electronic Health Record Systems, prepared, according to the agreement, by the
p.(None): Federal Council of Medicine and Brazilian Society of Health Informatics;
p.(None): WHEREAS the legal authorization to dispose of paper depends on the fact that computerized systems for the safekeeping and handling of
p.(None): patient records fully meet the requirements of the “Safety guarantee level 2 (NGS2)”, established in the referred manual;
p.(None): WHEREAS all health information individually identified needs protection in its confidentiality, as it is a principle
p.(None): fundamental to the practice of medicine;
p.(None): CONSIDERING the statements contained in articles 102 to 109 of Chapter IX of the Code of Medical Ethics, the physician has an ethical obligation to
p.(None): protect professional secrecy;
...
p.(None): Art. 6 In the case of micro-film, microfilmed medical records may be disposed of in accordance with the specific legislation that regulates
p.(None): this area and after mandatory analysis by the Medical Record Review Committee of the medical-hospital unit that generates the file.
p.(None): Art. 7 Establish permanent custody, considering technological developments, for the medical records of patients electronically filed in
p.(None): optical, microfilmed or digitized media.
p.(None): Art. 8 - Establish a minimum period of 20 (twenty) years, from the last record, for the preservation of patients' medical records in support of
p.(None): paper, which have not been filed electronically in optical, microfilmed or digitized media.
p.(None): Art. 9 The attributions of the Permanent Document Evaluation Commission in all units that provide medical assistance and are
p.(None): holders of patient records files, based on the attributions established in the Brazilian archival legislation, can
p.(None): be exercised by the Medical Record Review Committee.
p.(None): Art. 10 ° To establish that the Federal Council of Medicine (CFM) and the Brazilian Society of Health Informatics (SBIS), by agreement
p.(None): will issue a seal of quality for computerized systems that are in accordance with the Certification
p.(None): Electronic Health Record, approved in this resolution.
p.(None): Art. 11 CFM Resolutions No. 1,331 / 89 and 1,639 / 02, and other provisions to the contrary, are hereby revoked.
p.(None): Art. 12 ° This resolution takes effect on the date of its publication.
p.(None): Brasilia, July 11, 2007
p.(None): Edson de Oliveira Andrade Lívia Barros Garção
p.(None): President Secretary-General
p.(None): EXPLANATORY STATEMENT
p.(None): The patient's medical record, in any storage medium, is the physical property of the institution where the patient is assisted,
p.(None): health unit or office, which is responsible for keeping the document. Thus, the data contained therein belongs to the patient,
p.(None): which can only be disclosed with your authorization or that of your responsible, or due to legal or just cause. These data must be
p.(None): permanently available, so that, when requested by him or his legal representative, allow the supply of authentic copies
p.(None): relevant information.
p.(None): Today, there is an increasing volume of documents stored by the various types of health facilities, as defined by types of
p.(None): units of the National Registry of Health Establishments, of the Ministry of Health. The support, diagnosis and
p.(None): therapeutics have their own documents, which are part of the patients' medical records. In addition, advances in information technology and
p.(None): telecommunications offer new methods of storing and transmitting data.
p.(None): The provisions of the Certification Manual for Electronic Health Record Systems, prepared, according to the agreement, by the Federal Council of
p.(None): Medicine and the Brazilian Society of Health Informatics guarantees that, to eliminate paper, computerized systems for safekeeping and handling
p.(None): of patient records, fully meet the requirements of “Security Assurance Level 2 (NGS2)”.
p.(None): When meeting the “Security guarantee level 1 (NGS1)”, the computerized system already has a good level of security, however, the elimination
p.(None): of paper is only possible with the use of ICP-Brasil standard digital certificate, as determined by the legislation in force on the document
p.(None): in Brazil, described below.
p.(None): The legal validity of electronic documents as evidence is guaranteed in accordance with the provisions of articles 104, 212, 221, 225 and 421 of the Civil Code
...
Social / education
Searching for indicator education:
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p.(None): remittance of documents by electronic means.
p.(None): Decree No. 3,996, of October 31, 2001, provides for the provision of digital certification services within the scope of public administration
p.(None): federal.
p.(None): Decree No. 4,414, of October 7, 2002, amends Decree No. 3,996, of October 31, 2001, which provides for the provision of
p.(None): digital certification within the federal public administration.
p.(None): Ordinance No. 1,121, of November 8, 1995, of the Ministry of Labor, provides for the computerization of the employee registry and other
p.(None): data related to the employment contract (use of electronic storage of documents in the labor area).
p.(None): Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil, approves the Declaration of Certification Practices of AC- Raiz da
p.(None): ICP-Brasil.
p.(None): Resolution No. 4, of November 22, 2001, of the Management Committee of ICP-Brasil, changes the Statement of Certification Practices of AC Raiz da
p.(None): ICP-Brasil.
p.(None): Resolution No. 13, of April 26, 2002, of the Management Committee of ICP-Brasil, changes the Declaration of Certification Practices of the Root CA of ICP-
p.(None): Brazil (certifying authority), establishing the link between the Root pair of ICP-Brasil, the criteria and procedures for keys and their holder.
p.(None): Resolution No. 19, of May 8, 2003, of the Management Committee of ICP-Brasil, approves the electronic model Revalidation of Registration Data and
p.(None): New Certificate Request, as dealt with in Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil.
p.(None): Opinion No. 16, of November 4, 1997, of the National Education Council, provides for electronic archiving on CDs or other
p.(None): means, school documents of educational institutions (Ministry of Education) which in its art. 1st. provides that: “The archiving of
p.(None): school documents, from educational institutions, will observe the following modalities: (c) on diskette or CD-ROM obtained by system
p.(None): computerized".
p.(None): With this, the Federal Council of Medicine recognizes the importance of using computerized systems for the storage and handling of medical records
p.(None): of patients and for the exchange of information identified in health, as well as the digitization of medical records on paper, as an instrument of
p.(None): modernization, with consequent improvement in patient care. It is the duty of the CFM to guarantee the physician ample legal support in the use
...
Searching for indicator educational:
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p.(None): federal.
p.(None): Decree No. 4,414, of October 7, 2002, amends Decree No. 3,996, of October 31, 2001, which provides for the provision of
p.(None): digital certification within the federal public administration.
p.(None): Ordinance No. 1,121, of November 8, 1995, of the Ministry of Labor, provides for the computerization of the employee registry and other
p.(None): data related to the employment contract (use of electronic storage of documents in the labor area).
p.(None): Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil, approves the Declaration of Certification Practices of AC- Raiz da
p.(None): ICP-Brasil.
p.(None): Resolution No. 4, of November 22, 2001, of the Management Committee of ICP-Brasil, changes the Statement of Certification Practices of AC Raiz da
p.(None): ICP-Brasil.
p.(None): Resolution No. 13, of April 26, 2002, of the Management Committee of ICP-Brasil, changes the Declaration of Certification Practices of the Root CA of ICP-
p.(None): Brazil (certifying authority), establishing the link between the Root pair of ICP-Brasil, the criteria and procedures for keys and their holder.
p.(None): Resolution No. 19, of May 8, 2003, of the Management Committee of ICP-Brasil, approves the electronic model Revalidation of Registration Data and
p.(None): New Certificate Request, as dealt with in Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil.
p.(None): Opinion No. 16, of November 4, 1997, of the National Education Council, provides for electronic archiving on CDs or other
p.(None): means, school documents of educational institutions (Ministry of Education) which in its art. 1st. provides that: “The archiving of
p.(None): school documents, from educational institutions, will observe the following modalities: (c) on diskette or CD-ROM obtained by system
p.(None): computerized".
p.(None): With this, the Federal Council of Medicine recognizes the importance of using computerized systems for the storage and handling of medical records
p.(None): of patients and for the exchange of information identified in health, as well as the digitization of medical records on paper, as an instrument of
p.(None): modernization, with consequent improvement in patient care. It is the duty of the CFM to guarantee the physician ample legal support in the use
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.(None): CFM RESOLUTION No. 1,821 / 07
p.(None): (Published in the D.O.U. of 23 November 2007, Section I, pg. 252)
p.(None): Approves the technical standards regarding the digitization and use of computerized systems for the safekeeping and
p.(None): handling the documents of the patients' medical records, authorizing the elimination of paper and the exchange of
p.(None): information identified in health.
p.(None): THE FEDERAL COUNCIL OF MEDICINE, in the use of the powers conferred by Law No. 3,268, of September 30, 1957, as amended by Law No.
p.(None): 11,000, of December 15, 2004, regulated by Decree nº 44.045, of July 19, 1958, and
p.(None): WHEREAS the physician has the duty to prepare a medical record for each patient he attends;
p.(None): WHEREAS the Federal Council of Medicine (CFM) is the certifying authority for physicians in Brazil (AC) and will distribute the CRM-Digital
p.(None): interested doctors, which will be a standard ICP-Brasil certificate;
p.(None): WHEREAS the support, diagnosis and therapeutic service units have their own documents, which are part of the medical records
p.(None): patients;
p.(None): CONSIDERING the growing volume of documents stored by the various types of health facilities, as defined by
p.(None): types of units of the National Registry of Health Establishments, of the Ministry of Health;
p.(None): CONSIDERING the advances in information and telecommunications technology, which offer new methods of storage and
p.(None): data transmission;
p.(None): CONSIDERING the content of CFM Resolutions No. 1,605, of September 29, 2000, and 1,638, of August 9, 2002;
p.(None): CONSIDERING the content of CFM Opinion No. 30/02, approved at the plenary session of July 10, 2002, which deals with medical records prepared in
p.(None): electronic means;
p.(None): WHEREAS the patient's medical record, in any storage medium, is the physical property of the institution where it is
p.(None): assisted - regardless of whether it is a health unit or office - who is responsible for keeping the document;
p.(None): WHEREAS the data contained therein belong to the patient and can only be disclosed with his authorization or that of his guardian, or
p.(None): for legal duty or just cause;
p.(None): WHEREAS the medical record and its data belong to the patient and must be permanently available, so that
p.(None): when requested by him or his legal representative, allow the provision of authentic copies of the relevant information;
p.(None): WHEREAS professional secrecy, which aims to preserve the privacy of the individual, must be subject to the rules established in the
p.(None): legislation and the Medical Code of Ethics, regardless of the means used to store data in the medical record, whether electronic or in electronic form.
p.(None): paper;
p.(None): CONSIDERING the provisions of the Certification Manual for Electronic Health Record Systems, prepared, according to the agreement, by the
p.(None): Federal Council of Medicine and Brazilian Society of Health Informatics;
p.(None): WHEREAS the legal authorization to dispose of paper depends on the fact that computerized systems for the safekeeping and handling of
p.(None): patient records fully meet the requirements of the “Safety guarantee level 2 (NGS2)”, established in the referred manual;
p.(None): WHEREAS all health information individually identified needs protection in its confidentiality, as it is a principle
...
p.(None): Decree No. 3,779, of March 23, 2001, adds provision to art. 1 of Decree No. 3,714, of January 3, 2001, which provides for
p.(None): remittance of documents by electronic means.
p.(None): Decree No. 3,996, of October 31, 2001, provides for the provision of digital certification services within the scope of public administration
p.(None): federal.
p.(None): Decree No. 4,414, of October 7, 2002, amends Decree No. 3,996, of October 31, 2001, which provides for the provision of
p.(None): digital certification within the federal public administration.
p.(None): Ordinance No. 1,121, of November 8, 1995, of the Ministry of Labor, provides for the computerization of the employee registry and other
p.(None): data related to the employment contract (use of electronic storage of documents in the labor area).
p.(None): Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil, approves the Declaration of Certification Practices of AC- Raiz da
p.(None): ICP-Brasil.
p.(None): Resolution No. 4, of November 22, 2001, of the Management Committee of ICP-Brasil, changes the Statement of Certification Practices of AC Raiz da
p.(None): ICP-Brasil.
p.(None): Resolution No. 13, of April 26, 2002, of the Management Committee of ICP-Brasil, changes the Declaration of Certification Practices of the Root CA of ICP-
p.(None): Brazil (certifying authority), establishing the link between the Root pair of ICP-Brasil, the criteria and procedures for keys and their holder.
p.(None): Resolution No. 19, of May 8, 2003, of the Management Committee of ICP-Brasil, approves the electronic model Revalidation of Registration Data and
p.(None): New Certificate Request, as dealt with in Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil.
p.(None): Opinion No. 16, of November 4, 1997, of the National Education Council, provides for electronic archiving on CDs or other
p.(None): means, school documents of educational institutions (Ministry of Education) which in its art. 1st. provides that: “The archiving of
p.(None): school documents, from educational institutions, will observe the following modalities: (c) on diskette or CD-ROM obtained by system
p.(None): computerized".
p.(None): With this, the Federal Council of Medicine recognizes the importance of using computerized systems for the storage and handling of medical records
p.(None): of patients and for the exchange of information identified in health, as well as the digitization of medical records on paper, as an instrument of
p.(None): modernization, with consequent improvement in patient care. It is the duty of the CFM to guarantee the physician ample legal support in the use
...
General/Other / Relationship to Authority
Searching for indicator authority:
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p.(None): CFM RESOLUTION No. 1,821 / 07
p.(None): (Published in the D.O.U. of 23 November 2007, Section I, pg. 252)
p.(None): Approves the technical standards regarding the digitization and use of computerized systems for the safekeeping and
p.(None): handling the documents of the patients' medical records, authorizing the elimination of paper and the exchange of
p.(None): information identified in health.
p.(None): THE FEDERAL COUNCIL OF MEDICINE, in the use of the powers conferred by Law No. 3,268, of September 30, 1957, as amended by Law No.
p.(None): 11,000, of December 15, 2004, regulated by Decree nº 44.045, of July 19, 1958, and
p.(None): WHEREAS the physician has the duty to prepare a medical record for each patient he attends;
p.(None): WHEREAS the Federal Council of Medicine (CFM) is the certifying authority for physicians in Brazil (AC) and will distribute the CRM-Digital
p.(None): interested doctors, which will be a standard ICP-Brasil certificate;
p.(None): WHEREAS the support, diagnosis and therapeutic service units have their own documents, which are part of the medical records
p.(None): patients;
p.(None): CONSIDERING the growing volume of documents stored by the various types of health facilities, as defined by
p.(None): types of units of the National Registry of Health Establishments, of the Ministry of Health;
p.(None): CONSIDERING the advances in information and telecommunications technology, which offer new methods of storage and
p.(None): data transmission;
p.(None): CONSIDERING the content of CFM Resolutions No. 1,605, of September 29, 2000, and 1,638, of August 9, 2002;
p.(None): CONSIDERING the content of CFM Opinion No. 30/02, approved at the plenary session of July 10, 2002, which deals with medical records prepared in
p.(None): electronic means;
p.(None): WHEREAS the patient's medical record, in any storage medium, is the physical property of the institution where it is
p.(None): assisted - regardless of whether it is a health unit or office - who is responsible for keeping the document;
p.(None): WHEREAS the data contained therein belong to the patient and can only be disclosed with his authorization or that of his guardian, or
p.(None): for legal duty or just cause;
p.(None): WHEREAS the medical record and its data belong to the patient and must be permanently available, so that
p.(None): when requested by him or his legal representative, allow the provision of authentic copies of the relevant information;
p.(None): WHEREAS professional secrecy, which aims to preserve the privacy of the individual, must be subject to the rules established in the
...
p.(None): online data and images and magnetic media.
p.(None): Decree No. 2,954, of January 29, 1999, establishes rules for the drafting of normative acts within the powers of the Government
p.(None): Executive.
p.(None): Decree No. 3,714, of January 3, 2001, provides for the transfer of documents by electronic means referred to in art. 57-A of the Decree
p.(None): No. 2,954, of January 29, 1999.
p.(None): Decree No. 3,779, of March 23, 2001, adds provision to art. 1 of Decree No. 3,714, of January 3, 2001, which provides for
p.(None): remittance of documents by electronic means.
p.(None): Decree No. 3,996, of October 31, 2001, provides for the provision of digital certification services within the scope of public administration
p.(None): federal.
p.(None): Decree No. 4,414, of October 7, 2002, amends Decree No. 3,996, of October 31, 2001, which provides for the provision of
p.(None): digital certification within the federal public administration.
p.(None): Ordinance No. 1,121, of November 8, 1995, of the Ministry of Labor, provides for the computerization of the employee registry and other
p.(None): data related to the employment contract (use of electronic storage of documents in the labor area).
p.(None): Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil, approves the Declaration of Certification Practices of AC- Raiz da
p.(None): ICP-Brasil.
p.(None): Resolution No. 4, of November 22, 2001, of the Management Committee of ICP-Brasil, changes the Statement of Certification Practices of AC Raiz da
p.(None): ICP-Brasil.
p.(None): Resolution No. 13, of April 26, 2002, of the Management Committee of ICP-Brasil, changes the Declaration of Certification Practices of the Root CA of ICP-
p.(None): Brazil (certifying authority), establishing the link between the Root pair of ICP-Brasil, the criteria and procedures for keys and their holder.
p.(None): Resolution No. 19, of May 8, 2003, of the Management Committee of ICP-Brasil, approves the electronic model Revalidation of Registration Data and
p.(None): New Certificate Request, as dealt with in Resolution No. 1, of September 25, 2001, of the Management Committee of ICP-Brasil.
p.(None): Opinion No. 16, of November 4, 1997, of the National Education Council, provides for electronic archiving on CDs or other
p.(None): means, school documents of educational institutions (Ministry of Education) which in its art. 1st. provides that: “The archiving of
p.(None): school documents, from educational institutions, will observe the following modalities: (c) on diskette or CD-ROM obtained by system
p.(None): computerized".
p.(None): With this, the Federal Council of Medicine recognizes the importance of using computerized systems for the storage and handling of medical records
p.(None): of patients and for the exchange of information identified in health, as well as the digitization of medical records on paper, as an instrument of
p.(None): modernization, with consequent improvement in patient care. It is the duty of the CFM to guarantee the physician ample legal support in the use
...
Orphaned Trigger Words
p.(None): Federal of Medicine, attached and also available on the websites of the Federal Council of Medicine and the Brazilian Society of Health Informatics
p.(None): (SBIS), respectively, www.portalmedico.org.br and www.sbis.org.br.
p.(None): Art. 2 - To authorize the digitization of the patients' medical records, provided that the way in which the digitized documents are stored obeys
p.(None): specific scanning standard contained in the paragraphs below and, after mandatory analysis by the
p.(None): of the Permanent Document Evaluation Commission of the medical-hospital unit that generates the archive.
p.(None): § 1 The scanning methods must reproduce all the information from the original documents.
p.(None): § 2 The digital files originating from the digitization of the patients' medical records must be controlled by a system
p.(None): specialized (Electronic Document Management - GED), which has, at least, the following characteristics:
p.(None): a) Ability to use an adequate database for the storage of digitized files;
p.(None): b) Indexing method that allows the creation of an organized archive, allowing the search in a simple and efficient way;
p.(None): c) Compliance with the requirements of “Security guarantee level 2 (NGS2)”, established in the Certification System for Registration Systems
p.(None): Electronic Health;
p.(None): Art. 3 - To authorize the use of computerized systems for the safekeeping and handling of patient records and for the exchange of identified information
p.(None): in health, eliminating the obligation to register on paper, as long as these systems fully meet the requirements
p.(None): security guarantee 2 (NGS2) ”, established in the Certification Manual for Electronic Health Record Systems;
p.(None): Art. 4 Do not authorize the disposal of paper when using only the “Security guarantee level 1 (NGS1)”, due to lack of protection
p.(None): cool.
p.(None): Art. 5 As the “Security guarantee level 2 (NGS2)”, requires the use of a digital signature, and according to articles 2 and 3 of this resolution,
p.(None): use of the ICP-Brasil standard digital certificate is authorized, until the implementation of the Digital CRM by CFM, when
p.(None): 360 (three hundred and sixty) days for computerized systems to incorporate this new certificate.
p.(None): Art. 6 In the case of micro-film, microfilmed medical records may be disposed of in accordance with the specific legislation that regulates
p.(None): this area and after mandatory analysis by the Medical Record Review Committee of the medical-hospital unit that generates the file.
p.(None): Art. 7 Establish permanent custody, considering technological developments, for the medical records of patients electronically filed in
p.(None): optical, microfilmed or digitized media.
p.(None): Art. 8 - Establish a minimum period of 20 (twenty) years, from the last record, for the preservation of patients' medical records in support of
p.(None): paper, which have not been filed electronically in optical, microfilmed or digitized media.
p.(None): Art. 9 The attributions of the Permanent Document Evaluation Commission in all units that provide medical assistance and are
p.(None): holders of patient records files, based on the attributions established in the Brazilian archival legislation, can
p.(None): be exercised by the Medical Record Review Committee.
p.(None): Art. 10 ° To establish that the Federal Council of Medicine (CFM) and the Brazilian Society of Health Informatics (SBIS), by agreement
p.(None): will issue a seal of quality for computerized systems that are in accordance with the Certification
p.(None): Electronic Health Record, approved in this resolution.
p.(None): Art. 11 CFM Resolutions No. 1,331 / 89 and 1,639 / 02, and other provisions to the contrary, are hereby revoked.
...
p.(None): When meeting the “Security guarantee level 1 (NGS1)”, the computerized system already has a good level of security, however, the elimination
p.(None): of paper is only possible with the use of ICP-Brasil standard digital certificate, as determined by the legislation in force on the document
p.(None): in Brazil, described below.
p.(None): The legal validity of electronic documents as evidence is guaranteed in accordance with the provisions of articles 104, 212, 221, 225 and 421 of the Civil Code
p.(None): and in articles 131, 154, 244, 332 and 383 of the Code of Civil Procedure. Decree No. 3,587, of September 5, 2000, establishes rules for the
p.(None): Public Key Infrastructure of the Federal Executive Branch - ICP-Gov.
p.(None): Provisional Measure No. 2,200, dated August 24, 2001, instituted the Brazilian Public Key Infrastructure - ICP-Brasil and granted validity
p.(None): full legal status to public and private documents provided they have a certification (arts. 1 and 10); and Decree No. 3,872, of July 18,
p.(None): 2001, provides for the Brazilian Public Keys Infrastructure Management Committee - CG ICP-Brasil, its Executive Secretariat and Commission
p.(None): Executive Technician.
p.(None): Brazilian archival legislation regulates the custody, timing and classification of documents, including medical records.
p.(None): Law No. 5,433, of May 8, 1968, regulates the micro-filming of official documents through Decree No. 1,799, of January 30,
p.(None): 1996.
p.(None): Law 8,159, of January 8, 1991 (Law on Archives), provides for the national policy on public archives and provides other measures and
p.(None): Decrees No. 2,134, of January 20, 1997; 2,942, of January 18, 1999, and 4,073, of January 3, 2002, regulate it.
p.(None): Law 8,394, of December 30, 1991, provides for the preservation, organization and protection of private documentary collections of
p.(None): presidents of the Republic.
p.(None): Decree No. 1,173, of June 29, 1994, provides for the competence, organization and functioning of the National Council of Archives and the
p.(None): National Archives System.
p.(None): Decree No. 2,182, of March 20, 1997, establishes rules for the transfer and collection of federal public archival collections
p.(None): for the National Archives.
p.(None): Decree 2,910, of December 29, 1998, establishes rules for the safeguarding of documents, materials, areas, communications and
p.(None): information systems of a confidential nature.
p.(None): Decree No. 3.505, of June 13, 2000, instituted the Information Security Policy in public administration bodies and entities
p.(None): federal.
p.(None): Decree No. 4,553, of December 27, 2002, provides for the safeguarding of confidential data, information, documents and materials from
p.(None): intersecurity of society and the State;
p.(None): Decree No. 4,915, of December 12, 2003, provides for the Archive Document Management System - Siga.
p.(None): Conarq Resolution No. 7, of May 20, 1997, provides for procedures for the elimination of documents within the scope of the organs and
p.(None): entities belonging to the Public Power.
p.(None): Conarq Resolution No. 22, of June 30, 2005, provides for guidelines for the evaluation of documents in health institutions.
p.(None): NBR ABNT No. 10,519 / 88, of October 1, 1988, sets the conditions required for the rationalization of Brazilian, public and
p.(None): establish precepts capable of guiding the action of those responsible for the analysis and selection of documents, with a view to
p.(None): deadlines for safekeeping and / or disposal.
p.(None): There are also more provisions in the legislation on the subject:
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| authority | Relationship to Authority |
| criminal | criminal |
| education | education |
| educational | education |
| opinion | philosophical differences/differences of opinion |
| property | Property Ownership |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| education | ['educational'] |
| educational | ['education'] |
Trigger Words
ethics
justice
protection
Applicable Type / Vulnerability / Indicator Overlay for this Input