Medical Treatment Agreement Act (WGBO)
The Dutch "Law on Medical Treatment Agreement" (WGBO) regulates the rights and duties of individual patients and healthcare providers in their mutual relationship. It focuses primarily on strengthening the patient’s position and applies to all medical activities, including examinations and advice, that directly affect a person and aim to improve their health. Besides the rights of individual patients, the law includes articles related to the quality of care.
Of particular relevance is the general provision (Article 7:453 of the Civil Code) stating that a healthcare provider must exercise the care of a competent professional and act in accordance with the responsibilities inherent in professional standards applicable to healthcare providers.
Additionally, the WGBO sets further requirements regarding information, consent, and access. The WGBO imposes the following obligations and rights:
Duty to inform: The physical therapist provides the patient with information needed to make responsible health decisions. This includes information on the nature and purpose of the treatment, diagnosis, treatment plan, health risks, possible alternatives, and prognosis. Exceptions to this include when the therapist believes providing information would seriously harm the patient or when the patient indicates not wanting any information.
Consent requirement: The patient’s consent is required for any medical action. For non-invasive procedures, consent may be presumed. The therapist must ensure that the patient agrees to both the examination and its continuation, especially in the case of specific or reserved actions.
Minor consent: For minors between 12 and 16, both the child and the parents must give consent, while for those under 12, only the parents' consent is necessary. In cases of parental separation, consent from both parents or from the parent with custody is needed.
Obligation to maintain a file: Article 7:454 requires the healthcare provider to maintain a file for each patient, documenting relevant health data and any procedures performed. The file must only include data essential for quality and continuity of care, excluding personal notes or unrelated correspondences.
Right to destruction: The patient can request the destruction of part or all of their medical file, and the healthcare provider must comply within three months, unless there are legal or third-party interests that prevent it.
Retention obligation: Medical records must be kept for 15 years, starting from February 1, 2006, retroactive to April 1, 2005. Longer retention periods may apply for patients with chronic or hereditary conditions.
Right to access: The patient has a direct right to access their medical file without third-party intervention. This right is generally unrestricted, except when the privacy of others or the patient's safety could be at risk.
Confidentiality obligation: The healthcare provider must keep the patient’s information confidential and is only allowed to share details with others directly involved in the treatment or those whose consent is needed for certain actions.The law thus ensures transparency, quality, and patient autonomy in medical care.
