The Medical Non-Disclosure Agreement is essential for organizations and individuals handling sensitive medical information in New Zealand's healthcare sector. This document is particularly relevant when sharing confidential medical data, patient information, research findings, or proprietary healthcare information between healthcare providers, research institutions, or industry partners. The agreement ensures compliance with New Zealand's Privacy Act 2020, Health Information Privacy Code 2020, and Health Practitioners Competence Assurance Act 2003, while establishing clear obligations for maintaining confidentiality. It is commonly used in clinical research, healthcare service provision, medical device development, and other healthcare-related collaborations where protecting sensitive medical information is crucial.
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1. Parties: Identifies all parties to the agreement, including the disclosing party (typically healthcare provider/facility) and receiving party
2. Background: Explains the context and purpose of the agreement, including the nature of the medical information to be disclosed
3. Definitions: Defines key terms including 'Confidential Information', 'Medical Information', 'Personal Health Information', and other relevant terms
4. Scope of Confidential Information: Clearly defines what constitutes confidential medical information under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations and standards of care required
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed (e.g., required by law, emergency medical treatment)
7. Data Protection and Security: Outlines requirements for protecting and securing confidential medical information
8. Term and Survival: Specifies the duration of the agreement and which obligations survive termination
9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Third Party Access: Include when other parties (like contractors or service providers) may need access to confidential information
2. International Data Transfer: Include when medical information may be transferred outside New Zealand
3. Research and Publication: Include when the information may be used for research purposes or academic publications
4. Electronic Health Records: Include specific provisions for electronic medical records and digital health information
5. Insurance and Indemnification: Include when specific insurance requirements or indemnification provisions are needed
6. Audit Rights: Include when the disclosing party requires rights to audit compliance
7. Privacy Impact Assessment: Include when handling large amounts of sensitive medical data or implementing new systems
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of medical information covered by the agreement
2. Schedule 2 - Approved Security Standards: Specific security measures and protocols required for protecting the information
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access the confidential information
4. Appendix A - Data Handling Procedures: Detailed procedures for handling, storing, and transmitting confidential medical information
5. Appendix B - Breach Notification Protocol: Step-by-step protocol for reporting and handling confidentiality breaches
6. Appendix C - Compliance Checklist: Checklist for ensuring compliance with privacy and security requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Healthcare
Pharmaceuticals
Medical Research
Biotechnology
Medical Devices
Healthcare Technology
Medical Insurance
Clinical Trials
Medical Education
Healthcare Consulting
Digital Health
Laboratory Services
Relevant Teams
Legal
Compliance
Research and Development
Medical Records
Clinical Operations
Information Technology
Data Protection
Quality Assurance
Healthcare Administration
Clinical Research
Medical Affairs
Regulatory Affairs
Information Security
Patient Services
Healthcare Operations
Relevant Roles
Medical Director
Clinical Research Coordinator
Healthcare Administrator
Medical Records Manager
Privacy Officer
Research Scientist
Healthcare Consultant
Medical Device Engineer
Clinical Trial Manager
Healthcare IT Manager
Medical Laboratory Director
Healthcare Compliance Officer
Medical Education Coordinator
Healthcare Data Analyst
Medical Practice Manager
Clinical Quality Manager
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