Artikel 7:109 Duty to Give Account

The treatment provider must create adequate records of the treatment. Such records must include, in particular, information collected in pursuance of Article 7:102, information regarding the consent of the patient and information regarding the treatment performed.

The treatment provider must give the patient, or if the patient is incapable of giving consent, the person or institution legally entitled to take decisions on behalf of the patient, access to the records.

The treatment provider must answer, in so far as reasonable, questions regarding the interpretation of the records.

If the treatment provider fails to comply with paragraphs (2) and (3), breach of the duty under Article 7:104 and causation are presumed.

The treatment provider must keep the records, and give information about their interpretation, during a reasonable time of at least 10 years after the treatment has ended, depending on the usefulness of these records for the patient or the patient's heirs and for future treatments. Records that can reasonably be expected to be important after the reasonable time must be kept by the treatment provider after that time. If for any reason the treatment provider ceases activity, the records must be deposited or delivered to the patient for future consultation.

The treatment provider may not disclose information about the patient or other persons involved in the patient's treatment to third parties unless disclosure is necessary in order to protect third parties or the public interest. The treatment provider may use the records in an anonymous way for statistical or scientific purposes.