LAW OF THE REPUBLIC OF MOLDOVA

of October 27, 2005 No. 263-XVI

About the rights and responsibility of the patient

The parliament adopts this organic law.

Chapter 1 General provisions

Article 1. The purpose of this law and the used concepts

(1) the Purpose of this law is strengthening of fundamental human rights in the field of health care, providing respect of advantage and integrity of organism of the patient, and also increase in extent of participation of persons in decision making concerning health care.

(2) For the purpose of this law the following concepts are used:

the patient (the consumer of medical services) - the person needing medical services, using them or who addressed for them, irrespective of the state of health, or voluntarily participating as the subject in biomedical researches;

the patient's rights - the rights derivative of fundamental human rights to life and health which include the social rights connected with availability, justice and quality of receipt of medical care and also the individual rights concerning providing respect of the personality, advantage and integrity of organism of the patient, realized when using of medical services or in connection with its voluntary participation as the subject in biomedical researches;

the legal representative of the patient - person who according to the law, can represent the interests of the minor patient or patient concerning whom the judicial measure of protection is established without power of attorney;

the close relative - person who is in the related relations with the patient (parents, children, brothers and sisters, the grandfather, the grandmother), including the husband (wife) who in recent years more all contacted to him or was appointed the patient when it was capable, to represent its interests in the relations established by this law;

guarantee of the rights of the patient - system of the obligations established by the legal acts providing realization of the rights and responsibility of the patient;

medical services - complex of the actions directed to population requirements satisfaction in the protection and recovery of health performed with use of professional medical and pharmaceutical knowledge;

suppliers of medical services - medical and sanitary and pharmaceutical organizations irrespective of type of property and form of business, doctors, other experts in the field of medicine, other physical persons and legal entities having the right to be engaged in certain types of medical and pharmaceutical activities;

medical intervention (the medical act) - any inspection, treatment, clinical trial, the help or other action applied to the patient with the preventive, diagnostic, medical, rehabilitation purpose or for the purpose of carrying out the biomedical research performed by the doctor or other health worker;

biomedical research (clinical studying) - the scientific research aiming at studying of physiological, psychological and other states of the human body which is under the influence of various factors and also the clinical testing of new diagnostic, treatment-and-prophylactic, rehabilitation methods, drugs or other remedies which is carried out on the human subject;

the consent of the patient to medical intervention - informed consent which can be this the patient or his legal representative (in the absence of that - the close relative) on the implementation of medical intervention this to them voluntarily on the basis of the comprehensive and exhaustive information obtained from the attending physician or the doctor conducting biomedical research (clinical studying) certified by the signature of the patient or his legal representative (close relative) and doctor in the corresponding medical documentation;

medical secret - the confidential information on the diagnosis, the state of health and private life of the patient received as a result of inspection, treatment, prevention, rehabilitation or carrying out biomedical research (clinical studying) which is not subject to disclosure to the third parties, except as specified, provided by this law;

medical information - information on the physical and mental state of health of the patient, and also data obtained in case of inspection and treatment, implementation of activities for carrying out preventive and rehabilitation measures concerning the patient;

medical mistake - activities or the conscious failure to act of the supplier of medical services which led to death or damnification to health of the patient on imprudence, negligence or due to the lack of professionalism;

the terminal help (care of the dying patient) - help given to the patient when by available methods of treatment it is impossible to improve the fatal forecast, and also the leaving rendered just before the death of the patient.

Article 2. Basic principles of realization of the rights of the patient

The basic principles of realization of the rights of the patient are:

a) respect for fundamental human rights and respect of human dignity in the sphere of health protection;

b) recognition of life and health of the person the highest value;

c) orientation to preserving life, physical and mental health of the patient in the course of rendering medical services;

d) respect of moral and cultural values, religious and philosophical beliefs of the patient;

e) recognition of the patient, and in cases, stipulated by the legislation, - his legal representative (close relative) the main participant of decision making about medical intervention;

f) regulation of the rights, responsibility of the patient, and also conditions of restriction of its rights for the purpose of protection of health of the patient and observance of the rights of other persons;

g) mutual trust between the patient and the health worker.

Article 3. Legislation on the patient's rights

(1) the Legislation on the rights of the patient is based on the Constitution of the Republic of Moldova, the Law on health protection No. 411-XIII of March 28, 1995, this law and other regulations governing the social relations in the field of the rights of the patient, their guarantee and protection.

(2) the Laws and other regulations cannot limit the patient's rights established by the Constitution of the Republic of Moldova.

(3) If the international treaty, one of the parties of which is the Republic of Moldova, other regulations than provided by this law are established, regulations of the international treaty are applied.

Article 4. Distribution of operation of the law

Operation of this law extends to the central and local authorities of public management, medical and sanitary and pharmaceutical organizations, the organizations of health care insurance, research establishments, medical educational institutions, university clinics, persons who are engaged in individual medical and sanitary and pharmaceutical activities and also to the citizens of the Republic of Moldova, persons without citizenship and foreign citizens who are in the territory of the country if international agreements do not provide other.

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