Cap. 657 Art. 7Determination of dates of diagnosis and end of treatment.

(1) In cases to which the provisions of articles 3(3), 3(4), and 3(5) apply, if a dispute arises as to the date of diagnosis and, or the date of the end of treatment, either party may submit an application before the Board for determination of the dispute.

(2) Without prejudice to the generality of article 6(3), the Board may request access to any medical history data from the recovered person, strictly for determination of the date of diagnosis and, or the date of the end of treatment, sohowever that the other party shall not have access to such data.

(3) The determination is to be made expeditiously and without delay and the Board shall endeavour to make such determination not later than one week from when the application is made:

Provided that if the Board makes a request for data the above referred time limit may be extended for a period of not more than one week from the receipt of data.

(4) In determining the end of treatment, the Board shall not take into account any treatment, medicine, testing or other health-checkups which are not specifically administered as part of the direct removal or eradication of cancer cells or direct treatment of the oncological disease. For the avoidance of doubt, long-term treatments such as hormone therapy and maintenance chemotherapy used to prevent relapse and, or improve prognosis shall not operate to extend the established period.

(5) The decisions referred to in this article shall be communicated in writing solely to the parties and may not be distributed further.

(6) The effects of sub-articles 3(3), 3(4) and 3(5) shall operate:

(a) from the date established by the Board if the date of end of treatment provided by the recovered person in accordance with article 3(6) is found to be incorrect; or

(b) retroactively from the date of end of treatment provided by the recovered person in accordance with article 3(6), if this date is confirmed by the Board.”.