### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

16. Sharing consent taken to be given
(1) A healthcare recipient is taken to have given a sharing consent to the Department of Health and to the Hospital Authority when the healthcare recipient gives a joining consent.
(2) A substitute decision maker of a healthcare recipient is taken to have given a sharing consent on behalf of and in the name of the recipient to the Department of Health and to the Hospital Authority when the substitute decision maker gives a joining consent.
(3) A sharing consent taken to be given because of a joining consent is in effect as long as the joining consent is in effect.
(4) Sections 12(7) and (8), 13, 14 and 15 do not apply to a sharing consent taken to be given under this section.

17. Request for sharing restriction
(Not yet in operation)(1) Despite anything contained in sections 12 and 16 and subject to subsections (2) and (3), a registered healthcare recipient, or a substitute decision maker of a registered healthcare recipient, may in relation to the health data of the healthcare recipient make—
(a) a request to restrict the scope of data sharing; or
(b) a request to remove a restriction on the scope of data sharing.
(2) If the healthcare recipient is a minor, the request must be made by a substitute decision maker of the healthcare recipient unless the Commissioner is satisfied that the recipient is capable of making the request.
(3) If the healthcare recipient is aged 16 or above and is incapable of making the request, the request must be made by a substitute decision maker of the healthcare recipient.
(4) A request made by a substitute decision maker of a registered healthcare recipient is made on behalf of and in the name of the recipient.
(5) In making a request, a substitute decision maker of a registered healthcare recipient must have regard to the best interests of the recipient in the circumstances.
(6) A request must be made to the Commissioner in the form and manner specified by the Commissioner.
(7) The Commissioner must notify the requestor in writing of the date on which the requested restriction, or the requested removal of restriction, takes effect.

18. Commissioner to specify sharing restriction
(Not yet in operation)(1) The Commissioner must specify the types of restriction in respect of which a person may make a request under section 17(1).
(2) The Commissioner must make copies of a document setting out the specified types of restriction available to the public (in hard copy or electronic form).

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

19. Application by healthcare providers for registration
(1) A healthcare provider that provides healthcare at one service location in Hong Kong may apply to the Commissioner to be registered as a healthcare provider for the System for that location.
(2) A healthcare provider that provides healthcare at more than one service location in Hong Kong may apply to the Commissioner to be registered as a healthcare provider for the System for those locations as provided in subsection (3).
(3) For the purposes of subsection (2), a healthcare provider may apply for—
(a) a single registration for all of the locations; or
(b) a separate registration for each location that the healthcare provider chooses to register.
(4) An application—
(a) must be made in the form and manner specified by the Commissioner; and
(b) must be accompanied by the information specified by the Commissioner.
(5) For the purposes of this section, a healthcare provider provides healthcare at one service location if the healthcare provider—
(a) is licensed under the Private Healthcare Facilities Ordinance (Cap. 633) in respect of one private healthcare facility; (Replaced 34 of 2018 s. 196 and E.R. 5 of 2018)
(b) is registered under section 5(2) of the Medical Clinics Ordinance (Cap. 343) in respect of one clinic;
(c) carries on the business of dentistry under section 12 of the Dentists Registration Ordinance (Cap. 156) at one premises;
(d) 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 care home, and engages a healthcare professional to perform healthcare at that home;
(e) 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 care home for persons with disabilities, and engages a healthcare professional to perform healthcare at that home; or
(f) is a specified entity that engages a healthcare professional to perform healthcare at one premises.
(6) In subsection (5)—
specified entity (指明實體) means—(a) an individual;
(b) a company;
(c) a partnership;
(d) a statutory body;
(e) a body corporate other than a company; or
(f) a society, or a branch of a society, registered under section 5A(1), or exempted from registration under section 5A(2), of the Societies Ordinance (Cap. 151).

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

20. Registration of healthcare providers by Commissioner
(1) On receiving an application made under section 19(1) or (2), the Commissioner, if satisfied that the healthcare provider complies with the requirements set out in subsection (2), may—
(a) register the healthcare provider as a healthcare provider for the System for the service location for which the application is made; and
(b) impose the conditions that the Commissioner considers appropriate for registering the healthcare provider.
(2) The requirements are—
(a) the requirements specified by the Commissioner for connecting the healthcare provider to the System; and
(b) the system requirements on data sharing specified by the Commissioner.
(3) However, the Commissioner must not register the healthcare provider if the Commissioner is satisfied that—
(a) the service or business nature of the healthcare provider is not consistent with the purpose of the use of data and information specified in section 28; or
(b) registering the healthcare provider may impair the security or compromise the integrity of the System.
(4) After approving or refusing an application, the Commissioner must notify the healthcare provider in writing of the decision and—
(a) if the application is approved—the date on which the registration takes effect and the conditions for the registration; or
(b) if the application is refused—the reasons for the refusal.

21. Amendment of registration
(1) Subject to subsection (2), a healthcare provider registered under section 20(1) may request a registration be amended for—
(a) a change in the particulars of a service location; and
(b) a change of the service locations for which the healthcare provider is registered.
(2) A healthcare provider must not request the registration be amended for a change of the service locations unless the healthcare provider would, after the change, still be registered for all of the service locations at which the healthcare provider provides healthcare in Hong Kong.
(3) A request must be made to the Commissioner in the form and manner specified by the Commissioner.
(4) After granting a request, the Commissioner must notify the requestor in writing of the date on which the request is granted. The amendment takes effect on that date.

22. Registration of Government departments as healthcare providers
(1) 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.
(2) The reference of a department in subsection (1) does not include the Department of Health.