The Further Education Student Records (Scotland) Regulations 1990

Opinion required before giving access to personal health information obtained for a health professional

7.—(1) This regulation applies to information as to the physical or mental health of a student which the education authority believe to have originated from a health professional, or to have been supplied to them by or on behalf of a health professional.

(2) An education authority shall not be required to give access under regulation 4(1) to information to which this regulation applies unless the education authority have obtained the opinion–

(a) in the case of information which appears to have originated from a health professional employed by a health board, of the health board;

(b) in any other case, of the appropriate health professional,

on whether–

(i) disclosure of any of the information would be likely to have the effect specified in regulation 5(1)(f); and

(ii) disclosure of any of the information would be likely to have the effect specified in regulation 6(1).

(3) Where this regulation applies, the education authority shall, within 14 days of receiving the request to give access to information under regulation 4(1), or of receiving the information referred to in regulation 4(2) where that provision applies, in writing inform the health board or appropriate health professional whose opinion is required that the request has been made and request an opinion for the purposes of this regulation, and the education authority shall give the health board or appropriate health professional such information as is appropriate to enable such an opinion to be given.

(4) Where such an opinion is obtained, it shall be applied for the purpose of regulation 5(1)(f) as read with regulation 5(2), and for the purpose of regulation 6(1) as read with regulation 6(2).

(5) In this regulation, and in regulation 6, “health professional” means a person listed in the Schedule to these Regulations.

(6) In this regulation, and in regulations 5 and 6, “appropriate health professional” means the person appearing to the education authority to be–

(a) the medical practitioner or dental practitioner who is currently or was most recently responsible for the clinical care of the student in connection with the matters to which the information which is the subject of the request relates; or

(b) where there is more than one such practitioner, the practitioner who is the most suitable to advise on the matters to which the information which is the subject of the request relates; or

(c) where there is no practitioner available falling within sub-paragraph (a) or (b) above, a health professional who has the necessary experience and qualifications to advise on the matters to which the information which is the subject of the request relates.