29 JANVIER 2003. - Act to establish the Federal Health Care Professional Data Bank

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. The Act provides for a matter referred to in Article 78 of the Constitution.
Art. 2. The title of Chapter IIbis of Royal Decree No. 78 of 10 November 1967 concerning the exercise of health care professions is replaced as follows:
"Chapter IIbis - Special Professional Qualifications, Special Professional Titles, Supply Management, End of Career, Evaluation, Structure and Organization of Practice, Federal Health Care Organs and Data Bank. »
Art. 3. Article 35octies , § 2bis, of the same order, inserted by the law of 10 August 2001 is supplemented by a paragraph 3, which reads as follows:
"Can be collected:
(a) in the data bank referred to in section 35quaterdecies, the data recorded therein;
b) from the National Institute of Health and Disability Insurance, data on individual professional activities »
Art. 4. In the same Royal Decree, an article 35quaterdecies is inserted, as follows:
"Art. 35quaterdecies . § 1^er For each practitioner of a health care profession, referred to in this Order, data relating to their signage, aggregation, certain characteristics of their professional activity are recorded and kept up to date in a Federal Health Care Professional Data Bank.
"The General Directorate of Health Professions, Health Vigilance and Well-being at Work" of the Federal Public Service Public Health, Food Chain Safety and Environment is responsible for the treatment within the meaning of section 1^er, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing.
§ 2. The registration referred to in § 1^er a for purpose:
1° to collect the data necessary for the execution of the missions of the Planning Commission, referred to in Article 35octies , § 2, relating to the labour force, its evolution and its geographical distribution, to the demographic and sociological characteristics of the professionals;
2° to allow the performance of regulatory missions of administrations and the exchange of data, authorized according to their respective regulatory missions, between public social security institutions, public administrations and designated public interest bodies, and also for the purpose of administrative simplification;
3° to create the possibility to improve communication with and between health care professionals.
§ 3. The data collected are as follows:
1° Identification data
By identification data, all data that allow the identification of the practitioner, including the national registry number, as well as data relating to the particular professional titles and qualifications referred to in section 35ter or to the academic titles of which he holds, the home, and the professional address.
2° Accreditation data
By aggregation data, the administrative data necessary for the execution of the terms and conditions of approval referred to in section 35sexies shall be understood;
3° Social security data;
By data transmitted by public social security institutions, it is understood that a practitioner of one of the professions referred to in paragraph 1^er performs it as an employee or an independent worker as a principal or an accessory or as a member of the pension.
4° Data voluntarily made available by a practitioner;
By data voluntarily made available, the data that a practitioner makes available to other practitioners, such as e-mail addresses, a public key to encryption, academic titles, specific areas of research or activity. The list of specific areas of research or activity that may be mentioned may be determined by the Minister who has Public Health in his or her powers, on the advice of the competent Council referred to in section 35sexies;
By a deliberate decree in the Council of Ministers, the King may extend or supplement, on the proposal of the Planning Commission referred to in section 35octies, § 1^er the data list.
§ 4. The following services, organizations and individuals provide the Federal Health Care Professional Data Bank with the following data:
1°The National Institute of Health Care Invalidity: the available identification data referred to in § 3, 1° of any practitioner of any profession referred to in paragraph 1^er which is part of the National Institute, including the INAMI number assigned to it, the professional address, and the list of doctors counselling.
2° The National Register of Physical Persons, through the Carrefour Social Security Bank: the update of the following data: the identification number of the National Register or the identification number of natural persons who are not registered in the National Register, the name, names, address, date of birth, nationality, sex, if any, date of death;
3° the National Office of Social Security, through the Carrefour Bank of Social Security: the fact that a practitioner among the professions referred to in § 1^er is an employee, the employer's registration number, the extract from the corresponding employers' repertoire and the work plan;
4° the National Institute of Social Insurance for Independent Workers, through the Carrefour Bank of Social Security: the fact that one of the practitioners referred to in § 1^er is independent either as principal or as complementary;
5° the National Board of Pensions, through the Carrefour de sécurité sociale bank: the fact that a practitioner of one of the professions referred to in paragraph 1^er is eligible for pension;
6° the Federal Public Service Public Health, Food Chain Safety and Environment: the identification data collected during the visa grant procedure and during the registration procedure referred to in section 35sexies and the accreditation data for health professionals referred to in paragraph 1^er;
7° the College with respect to professional addresses;
8° the practitioner of one of the professions referred to in Article 1^er, itself, the data it considers necessary to correct or complete and the data it voluntarily makes available, referred to in paragraph 3, 4°;
9° approved care facilities, rest homes and public or private bodies providing care or carrying out preventive activities, annually, the names and names, the profession of health care professionals working there as independent;
10° the National Social Security Office of the Provincial and Local Administrations, through the cross-border bank: the fact that a worker resumed in § 1^er operates as an employee;
11° the Office of Social Security of Outre-Mer, through the cross-border bank: the fact that a worker resumed in § 1^er operates abroad, outside the European Union.
§ 5. The right to access data registered in the Federal Health Care Professional Data Bank is limited as follows:
1° any health care professional registered in the data bank has access to the data that affects it; in accordance with Article 12 of the above-mentioned Act of 8 December 1992, it also has the right to obtain without charge the rectification of such data;
2° provided that they do not have any other direct access to this data, and provided that they are authorized, by law or by virtue of it, to know the information concerned, public social security institutions and public authorities have access to all identification data;
3° the competent Orders, the mutualities referred to in the Act of 6 August 1990 on mutualities and national mutuality unions and insurance companies have access to the identification data, but without access to the identification number of the national register of natural persons.
Mutualities and insurance companies also have access to data relating to the accreditation of practices.
4° the public has access to the name and first name, to the professional name(s) and special professional qualifications and, unless opposed by the practitioner, to its principal professional address; a practitioner who no longer substantially practises the profession for which he was registered may request that his registration be no longer accessible to the public.
5° health care professionals referred to in § 1^er have access to the names and names, professional title(s) and special professional qualifications, and to the principal professional address and to the data voluntarily made available in § 3, 4°;
6° "the General Directorate of Health Professions, Health Vigilance and Welfare at Work" of the Federal Public Service Public Health, Food and Environment Safety and the National Institute of Health and Disability Insurance have access to aggregate data;
§ 6. The data recorded in the Federal Health Care Professional Data Bank is the property of the Belgian State. The marketing of data content, through sale, rental, distribution or any other form of provision to third parties is prohibited. More generally, any use other than purely internal as a support for the activity of the legitimate user is expressly prohibited.
Given in Brussels on 29 January 2003.
ALBERT
By the King:
Minister of Public Health,
J. TAVERNIER
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Parliamentary references:
Documents of the House of Representatives:
Doc 50 2022 (2001/2002)
No. 1: Bill
Number 2: Report
Number 3: Text corrected by commission
No. 4: Amendments
No. 5: Supplementary report
No. 6: Text adopted by the Commission
No. 7: Text adopted in plenary and transmitted to the Senate
Full report: 5 December 2002
Documents of the Senate:
2-1381:
Number 1: Project transmitted by the House of Representatives
Number 2: Project not referred to by the Senate