11 Amendments of Sophia IN 'T VELD related to 2008/0142(COD)
Amendment 61 #
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, patients from other Member States should enjoy equal treatment with the nationals of the Member State of treatment and, according to the general principles of equity and non discrimination, as recognized in Art.21 of the Charter they should in no way be discriminated upon on the basis of their sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States may differentiate in the treatment accorded to different groups of patients only where they can demonstrate that this is justified by legitimate medical grounds, such as in case of specific measures for women or for certain ages groups (e.g. free of charge vaccination for children or elderly people). Furthermore, as this Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, it has to be implemented and applied with due respect for the rights to equality before the law and the principle of non-discrimination in accordance with the general principles of law, as enshrined in Articles 20 and 21 of the Charter. This Directive applies without prejudice to Directive 2000/43/EC of the Council of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, and other DirectivesDirective 2004/113/EC establishing a framework for equal treatment between men and women in the access to and supply of goods and services, Directive 2000/78/EC establishing for the grounds of religion or belief, disability, age and sexual orientation a general framework for equal treatment in employment and occupation, and the proposed Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation giving effect to Article 13 of the EC Treaty. In the light of this, the Directive provides that patients shall enjoy equal treatment with the nationals of the Member State of treatment, including the benefit from the protection against discrimination provided for according to Community law as well as from the legislation of the Member State of treatment.
Amendment 127 #
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) Directive 2004/113/43/EC establishing a framework for equal treatment between men and women in the access to and supply of goods and services;
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(eb) Directive 2000/78/EC establishing for the grounds of religion or belief, disability, age and sexual orientation a general framework for equal treatment in employment and occupation;
Amendment 129 #
Proposal for a directive
Article 3 – paragraph 1 –point e c (new)
Article 3 – paragraph 1 –point e c (new)
(ec) Commission proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation;
Amendment 139 #
Proposal for a directive
Article 4 – point a a (new)
Article 4 – point a a (new)
(aa) "health data" means any information which relates to the physical or mental health of an individual, or to the provision of health service to the individual, which may include: a) information about the registration of the individual for the provision of health services; b) information about payments or eligibility for healthcare with respect to the individual; c) a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; d) any information about the individual collected in the course of the provision of health services to the individual; e) information derived from the testing or examination of a body part or bodily substance; and f) identification of a person (healthcare professional) as provider of healthcare to the individual;
Amendment 192 #
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) patients from other Member States shall enjoy equal treatment with the nationals of the Member State of treatment, including the protection against discriminrect or indirect discrimination on the grounds of racial or ethnic origin, sex, religion or belief, disability, age, or sexual orientation provided for according to Community law and national legislation in force in the Member State of treatment.
Amendment 210 #
Proposal for a directive – amending act
Article 5 a (new)
Article 5 a (new)
Article 5a Common security level of health data The Commission shall, in accordance with the procedure referred to in Article 19(2), adopt measures necessary for achieving a common security level of health data at national level, taking into account existing technical standards in this field.
Amendment 365 #
Proposal for a directive
Article 14 – paragraph 2 – point (a)
Article 14 – paragraph 2 – point (a)
(a) measures enabling a pharmacist or other health professional to verify the authenticity of the prescription and whether the prescription was issued in another Member State by an authorised person through developing a Community prescription template, and supporting interoperability of ePrescriptions. Data protection safeguards will be taken into account and incorporated from the initial stage of this development process;
Amendment 395 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall collect statistical and other additional data needed for monitoring purposes on the provision of cross-border healthcare, the care provided, its providers and patients, the cost and the outcomes. They shall collect such data as part of their general systems for collecting healthcare data, in accordance with national and Community law for the production of statistics and on the protection of personal data, and specifically Article 8(4) of Directive 95/46/EC.
Amendment 396 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall, if necessary, transmit the data referred to in paragraph 1 to the Commission at least annually, except for data that are already collected pursuant to Directive 2005/36/EC. An assessment of the necessity of these transfers for legitimate purposes will be duly specified in advance.
Amendment 397 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 of that Decision. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 3 months. Where implementing measures relate to the processing of personal data the European Data Protection Supervisor shall be consulted.