Key Benefits:
Decision of 23 May 2008, laying down rules for the use of the civil service number in the care sector (Decision using a civil service number in care)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Health, Welfare and Sport of 16 January 2007, MEVA/ICT-2740333, done in accordance with our Minister for Managerial Renewal and Kingdom Relations;
Having regard to the Articles 2 , 11 , 15 , 17 and 17a of the Law uses civil service number in care and the Articles 17 and 21, 4th paragraph, of the Law General Provisions Civil Service Number ;
The Council of State heard (opinion delivered on 21 February 2007, No W13.07.0014/I);
Having regard to the further report of Our Minister of Health, Welfare and Sport of 20 May 2008, MEVA/ICT-2846755;
Have found good and understand:
For the purpose of this Decision:
a. Law: Law use civil service number in care ;
b. Register of healthcare providers: registry of health care providers as intended Article 14, first paragraph, of the Act ;
c. register of the indicatoryauthorities: register of indictable bodies as intended Article 14, first paragraph, of the Act ;
ed. register of health insurers: register of health insurers as referred to in Article 14, first paragraph, of the Act ;
e. register: register of healthcare providers, register of indicators or register of health insurers;
f. Registered: healthcare provider, indicator or health insurer, included in a registry;
g. SBV-Z: sectoral messaging in the care specified in Article 11, first paragraph ;
h. Management provision: Management provision as intended Article 3 of the Act General Provisions Civil Service Number ;
i. system description: system description as intended in Article 12 ;
j. Access: certificate or other authentication tool as specified in Article 18 including the carrier of the means of access;
k. Electronic exchange system: a system that enables healthcare providers to view electronically, files, portions of files or records from files for other healthcare providers, including not including a system within a healthcare provider, for keeping of an electronic file.
1 The Wlz performers designated under Article 4.2.4, second paragraph, of the Act for long-term care , are designated as a health insurance provider under the law in so far as they are Article 4.2.2 of the Decision on long-term care Provide a part of the administration for the part of the Long-term care law appropriate care.
2 As a healthcare provider, respectively, care within the meaning of the law is designated the Sanquin Blood Supply Foundation as far as its work on the diagnostic laboratory examination for a healthcare provider and management is concerned. and the operation of the Transfusion Register Irregular antibodies and X (cross) trials.
3 The management and maintenance of an electronic exchange system in which the civil service number is included shall be designated as a concern within the meaning of the Act.
4 A legal person managing and keeping an electronic exchange system not being a healthcare provider as intended. Article 1 (c) of the Act , designated as a healthcare provider within the meaning of the Act, as long as each of the following conditions is met:
a. A legal entity independent of the legal person has determined, after examination, that the legal person and the provision comply with the Standard 7510:2011 Standard issued by the Stichting Nederlands Normalisation-Institute and included that finding in an audit report drawn up by that organisation for the benefit of the legal person;
b. the legal person shall have the College of Protection of personal data in the Article 27 of the Personal Data Protection Act prescribed reporting made on presentation of the audit report referred to in subparagraph (a) not older than three months;
c. the determination referred to in subparagraph (a) is no longer than five years ago.
A ministerial arrangement may specify the particulars and documents to be included in the application for inclusion in a register.
Our Minister shall, as far as possible on the basis of legally required requirements for the status of health care provider, indicator and health insurer, determine whether the application is intended Article 3 , has been made by a healthcare provider, an indicator or a health insurer.
The application, for the purpose of Article 3 , if it is not done by a healthcare provider, an indication body or a health insurer, it shall be rejected.
1 In the register of health care providers, registration per registration shall be:
a. if the registered one is a natural person:
1 °. generic name;
2 °. Previous names;
3 °. date of birth;
4 °. place;
5 °. Title in the sense of the Law on the professions in individual health care ;
b. if the registered legal person is: name;
c. if the registered one is an institution within the meaning of Article 1, 1st paragraph, of the Law quality, complaints and disputes care , which is formed by an organisational link between natural persons who provide or do business in business or by a natural person who provides business care: the name of the institution.
2 In the register of indicators and health insurers, the name of the representative body and the health insurer shall be recorded per invitation to tender.
3 In the records, it shall also be entered by invitation to tender:
a. Nature of the particulars and documents by which it has been established that the registered a healthcare provider, an indication body or a health insurer;
b. Date of inclusion in the register;
c. Site address;
d. Data relating to access funds provided and withdrawn.
4 In the case of ministerial arrangements, detailed rules on the recording and processing of data in the register may be laid down.
The registered office shall immediately inform our Minister of any change in the information contained in the register and of any other circumstances which may be of interest to the suspension or to the passing of the tender.
As long as the registration of a healthcare provider in the register, intended Article 3 of the Act on Professions in Individual Health Care , has been suspended, his tender shall be suspended in the register of healthcare providers.
Registration in the register shall be removed only:
a. at the request of the registered or
b. if the registered no healthcare provider, indicator, or health insurer is more.
1 Our minister shares to anyone who so requests, or:
a. a natural or legal person is registered;
b. A valid means of access to a registered access agent is valid.
2 If the request is made by the SBV Z, the notice, referred to in paragraph 1, shall be immediately done at all times.
For the purposes of this Chapter, the following definitions shall apply:
Youth aid provider: Youth aid provider as referred to in Article 1.1 of the Youth Act .
1 Our Minister shall ensure the establishment and maintenance of a sectoral messaging service in the care, of which:
a. Provision through which healthcare providers, indicators, health insurers and youth aid providers may use the management facility;
b. Provision by which a client can be given an overview of the use made by healthcare providers, indicators, health insurers and youth aid providers, under a, in order to enable the customer to To determine the client's civil service number.
2 Our Minister is responsible for the SBV-Z.
1 Our Minister sets out a system description for the SBV-Z.
2 The system description contains a description of:
a. The main lines of the establishment of the SBV-Z;
b. the establishment and operation of the facilities specified in: Article 11, first paragraph , including the manner in which the exchange of data by the SBV-Z with a healthcare provider, indicator, health insurer, or youth aid provider, on the one hand, and the management facility on the other hand, takes place;
c. the manner in which the SBV-Z enables the automated system of a healthcare provider, indicator, health insurer, or youth aid provider to connect to the SBV-Z;
d. the cases in which and the manner in which the use of the SBV Z is to be recorded;
e. the main lines of the management of the SBV Z.
Our Minister ensures that the SBV-Z functions in a manner that corresponds to the system description.
1 Our Minister shall ensure the necessary technical and organisational measures to protect the data which the SBV-Z processes against loss or degradation of these data and against unauthorized knowledge, inclusion, modification, disposal or provision of such data.
2 Our Minister shall ensure the necessary technical and organizational measures to ensure the protection of the STV-Z against unauthorized use and obstruction of the proper functioning of the facilities provided for in this Regulation. Article 11, first paragraph .
3 The measures referred to in paragraphs 1 and 2 shall cover at least the following:
a. Persons who work for our Minister;
b. The access to the SBV Z, including the connections to the SBV-Z;
c. the access to buildings and premises where the SBV-Z or parts thereof are present;
d. The equipment and software of the SBV-Z;
e. the data and the management of the data recorded and retained by the SBV-Z;
f. the case that the confidentiality of data processed by the SBV-Z has been adversely affected;
g. The occurrence of calamities and handling thereof.
Care providers, indicators and health insurers can only use the facilities provided by the SBV-Z, intended to be used in Article 3 (c), (c) and (d) of the General Provisions Act, Civil Service Number .
The health care provider, the indicator body, the health insurer and the youth aid provider affiliated to the SBV-Z carries care that the connection of its automated system to the SBV-Z and the exchange of data between its automated The system and the SBV Z function in a manner consistent with what is specified in the system description.
The investigation, referred to in Article 21, third paragraph, of the Act general provisions civil service number , leads to a judgment on:
a. the completeness, comprehensibility and correctness of the description of the establishment, operation and security of the SBV Z, having regard to the regulations in force;
b. The extent to which the SBV Z functions according to the description referred to in point (a).
Upon request, our Minister may provide the following means by which the registered access can be obtained to the SBV-Z:
a. A certificate, which is anchored in the State of the Netherlands Root CA Certificate;
b. An authentication tool designated by ministerial arrangement.
Ministerial arrangements may provide for the information and documents to be supplied in the application for an access agent.
1 The application, for the purpose of Article 18 , shall be granted unless:
a. The application was not made by a registered one;
(b) the application concerns a certificate and the registered one does not meet the requirements for the grant of a certificate;
c. The application concerns an authentication tool and the registered office does not comply with the rules laid down by ministerial rules for the granting of that means of access.
2 Our Minister shall provide the authorised means of access, if requested, to the registered access agent, unless:
(a) a certificate and the registered non-compliance with the requirements for the provision of a certificate;
(b) being a means of access other than a certificate and registered non-compliance with the rules laid down by ministerial rules for the provision of that means of access.
1 Our Minister shall charge the registered a fee for the certificate, which shall be at most cost-covering.
2 By ministerial arrangement rules may be laid down regarding the fee of the certificate, by way of derogation from the first paragraph, which may not be charged for the categories to be identified. certificates to be issued for a period of time to be specified.
3 Under ministerial arrangements, rules may be laid down for the reimbursement of an access agent other than a certificate.
1 The registered access agent shall only be used according to the intended use of that access agent.
2 The registered will take appropriate measures to protect the access agent against damage, loss and unlawful use.
3 The registered will inform Our Minister immediately of any circumstances which may be of interest to the amendment or withdrawal of the access agent.
4 Our Minister may give the registered directions relating to the management, security or use of the access agent.
5 In the case of ministerial arrangements, detailed rules may be laid down regarding the management, security, use and withdrawal of the access agent.
The access agent may be withdrawn:
a. if the access agent has not been provided on the basis of Article 20, second paragraph, point (a) or (b) ;
b. if the fee, referred to in Article 21 , not fulfilled;
c. if the entry in the register has been suspended or has been passed through;
d. if the access agent is damaged, lost or defective;
e. if the access agent has been used unlawfully;
f. where the operation of the access agent is affected;
g. if the registered does not comply with the directions or rules relating to the management, security, use and revocation of the access agent;
h. in other cases to be determined by ministerial arrangement.
A ministerial arrangement shall determine the period of validity of the access agent.
The registered obtains no right of property or rights of intellectual property to the access agent.
Article 5, introductory wording and point (a) of the Act does not apply to pharmacists.
By way of derogation from Article 5 of the Act Provides a healthcare provider with the identity of a person who is at the time of the entry into force of the Law his client is, in so far as is reasonably required for the execution of Article 12 of the Act General Provisions Civil Service Number .
1 If establishing the identity of a client by a healthcare provider in accordance with or under the Articles 5 , 6 and 17 of the Act may prove impossible or cost a disproportionate effort, the healthcare provider uses by way of derogation from the Articles 4 , 8 and 9 of the Act no civilian service number.
2 In the cases referred to in the first paragraph:
a. In any case, the healthcare provider shall record the following information from the client in his administration:
1 °. generic name;
2 °. Previous names;
3 °. date of birth;
4 ° postal code of the address of the residence;
5 °. house number of the address and
b. gives the healthcare provider the data, referred to in subparagraph (a), in the provision of personal data relating to the provision of, indication or insurance of care to a healthcare provider, an indication organ or a health insurer.
1 By way of derogation from Article 28 the civil service number may be used by pharmacists and in the case of care provided to the client by telephone or by electronic message, if:
a. The care provider verifies the identity of the client according to the following client ' s data:
1 °. generic name;
2 °. Previous names;
3 °. date of birth;
4 ° postal code of the address of the residence;
5 °. house number of the address and
b. The health care provider in providing the civil service number states that the identity of the client has not been established.
2 By way of derogation from Article 28, first paragraph , may, in relation to clients up to the age of 14, which involves establishing identity according to whether or not to Articles 5 and 6 of the Act Certain impossibly proves impossible, the civil service number used in juvenile health care as defined by or under the Public health law and in the case of vaccinations, included in a vaccination programme as referred to in Article 18 of the AWBZ , if the healthcare provider:
a. The identity of the client verifies on the basis of the data referred to in paragraph 1 (a) of the first paragraph, with the person list of the civil service number provided by the municipality to the client; and
b. In providing the civil service number states that the identity of the client has not been determined.
3 The care provider referred to in paragraph 2 shall, on each subsequent contact with the client, after whether the client is in possession of a document as referred to in Article 1 of the Identification Light Act and, if so, used this document once in order to determine the identity of the client.
4 If the client, as referred to in the second and third paragraphs, reaches the age of 14 years, the care provider referred to in the second and third paragraphs shall fix the identity of the client once only once, in accordance with the provisions of the Articles 5 and 6 of the Act .
5 By way of derogation from Article 28, first paragraph , with respect to a newborn the civil service number can be used in care such as general practitioners, medical specialists, clinical psychologists, midwives and maternity care who commit to mother and child related to a child. childbirth as intended in the Article 2.4 and 2.12 of the Decision on health insurance , if the healthcare provider:
a. during the delivery or immediately thereafter, has provided the care and has been able to ascertain the identity of the newborn child as a child of the woman;
b. The identity and the civil service number of the kwindow woman according to the Articles 5 to 7 of the Act identified, and
c. when providing the civil service number indicates that the identity of the newborn has not been established.
Ministerial rules may lay down rules on data processing, which is to be found in the Article 28, second paragraph , and Article 29 , to set security requirements.
1 By way of derogation from the Articles 3 , 4 and 5 shall be entered in the register of healthcare providers and each healthcare provider having concluded a certificate in respect of a certificate with the State of the Netherlands at the time of entry into force of this Decision.
2 At the time of the contract referred to in paragraph 1, having regard to the period prescribed for that purpose by Our Minister, a certificate to which the provider of care is provided under the Agreement shall be regarded as a certificate of origin, Certificate issued pursuant to this Decision. The Articles 21, 1st and 2nd Member , 22 , 23, parts b to h , 24 and 25 shall apply mutatis mutandis to the certificate.
Our Minister appoints a Data Protection Officer as intended Article 62 of the Personal Data Protection Act , which oversees the processing of personal data for the purposes of the registries, the SBV-Z and the access funds.
The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This decision is cited as: Use civil service number in care.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 23 May 2008
Beatrix
The Minister for Health, Welfare and Sport,
A. Link
Published the twenty-ninth of May 2008The Minister of Justice,
E. M. H. Hirsch Ballin