IAS assures confidentiality rights for drug users in healthcare settings

The Social Welfare Bureau (IAS) has assured that users of illicit addictive substances can enjoy the right to confidentiality when they approach medical facilities for healthcare services.
The comments were made in a statement-form reply to a recent email enquiry from the Times. The enquiry was made following the Judiciary Police announcing the arrest of an alleged marijuana user at the public Conde de São Januário Hospital (CHCSJ).
Pursuant to the latest version of Law No. 17/2009, the IAS explained, “illicit users of anesthetic or psychiatric medications have their personal identity protected when they approach healthcare services from any doctor, public or private healthcare facility.”
In addition, the authority recapped that it has long been promoting “full understanding of the stipulations” through the Narcotics Control Committee. A cross-departmental cooperation and referral mechanism has also been established to provide rehabilitation to illicit substance users who seek assistance from “relevant bureaus,” which include but are not limited to the IAS, the Health Bureau (SSM) and the Judiciary Police.
The IAS assured that it is in touch with a civil entity in the hopes of reaching the arrested individual to thus provide requisite assistance. According to information obtained by the Times, the entity is The Association for Rehabilitation of Drug Abusers of Macau (ARTM).
Although the IAS noted that the law does not allow the police authorities to disclose a suspect’s personal particulars to it, it stressed that assistance is provided to those suspected of being at risk for drug use and abuse through non-government entities on a 24/7 basis.
Concerns have been raised that this incident has opened the door to healthcare professionals turning alleged illicit substance users in to the police. When questioned how it can ensure confidence in it moving forward, the IAS noted in the statement that a mechanism to provide assistance to illicit substance users has been in place since 2017.
As part of this mechanism, the Workers’ Clinic identify such users through medical check-ups. The IAS may subsequently intervene to provide suitable help. By far, the mechanism has assisted 75 users.
Meanwhile, the IAS stressed that each year, it conducts exchange and discussion sessions with 2,000 members of medical staff at the two hospitals and staff at police authorities to ensure understanding of relevant laws, among other topics.
On the manner in which the patient was handled by the CHCSJ, the IAS spokesperson declined to make a comment, citing the fact that the case is now in judicial procedure as justification.
An email enquiry on the matter was sent to the Health Bureau on October 21, but no email reply has been received as of press time yesterday. By far, the most official response from the bureau was the comments made by neurosurgeon Tai Wa Hou, medical director of the CHCSJ, last week at the regular press conference, when he was questioned by the press about the case.
In response, the doctor assured that the principle of duty to confidentiality “has to be complied with by medical staff.” However, he added, when this principle of duty to confidentiality clashes with public interests and conditions in which third-party individuals may face harm, “medical staff will consider prioritizing the protection on public interests and third-party individuals.”
He said that it is a choice between the two obligations, and the matter is being currently analyzed.