Consent forms are utilised across a range of New Zealand businesses, especially in sectors like healthcare where sensitive patient information is involved. Privacy is a critical concern in New Zealand, with stringent enforcement against breaches.

In the realm of healthcare information, New Zealand law is particularly cautious about how this type of information is shared with third parties. For instance, your business is required to have a Privacy Policy if it is dealing with personal information as defined under the Privacy Act 2020.

There are specific provisions in the Privacy Act 2020 that apply if your business handles health information. This underscores the sensitivity accorded to medical information in New Zealand.

If your business falls into this category, you should consider implementing a Medical Release Consent Form.

A consent form is a document that informs individuals that their information will be used and disclosed to third parties, and it seeks their permission for this to happen.

For example, in the context of research, a Participant Consent Form would typically include essential details about the research, its objectives, and why the researcher needs to disclose the information to third parties.

The participant would then sign the form to indicate their agreement to the sharing of their personal information.

A Medical Release Consent Form is necessary when your business is disclosing medical information to third parties, allowing your client to give informed consent to this disclosure. It should detail:

  • The information being disclosed
  • To whom it is being disclosed
  • The purpose of disclosure
  • The consequences of not disclosing

For consent to be valid under New Zealand law, it must be:

  • Freely given
  • Well-informed
  • Specific to the particular use
  • Up-to-date
  • Given by an individual who is competent to consent

Consent is informed when you have provided all the necessary information for an individual to make an educated decision. If you request consent for information disclosure without explaining the type of information or associated risks, this would not be considered ‘informed consent’.

This is because the individual would not have the necessary understanding to make an informed choice.

When providing a Medical Release Consent Form, it’s also crucial to ensure that your client fully comprehends the form’s nature. This includes accommodating individuals with disabilities or language barriers to ensure their consent is genuine and valid.

It’s vital not to overlook important details and simply use the first template found online. A Medical Release Consent Form should be customised to your business, as the information will vary depending on your business activities and the data you collect and disclose.

At Sprintlaw, we offer a Medical Release Consent Form package. We collaborate with you to address your specific needs. Our package includes:

  • Creating a Medical Release Consent Form tailored to your requirements
  • Phone consultations with a Sprintlaw lawyer to discuss legal considerations for your business
  • A complimentary revision of the final draft we provide

Next Steps

When dealing with consent forms, whether for NDIS or drug testing purposes, it’s wise to consult a knowledgeable lawyer to navigate the process. This ensures your business complies with the relevant privacy laws and avoids legal issues in the future.

If you would like a consultation to explore your options, you can contact us at 0800 002 184 or [email protected] for a free, no-obligation chat.

About Sprintlaw

We're an online legal provider operating in New Zealand, Australia and the UK. Our team services New Zealand companies and works remotely from all around the world.

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