LAW OF THE REPUBLIC OF MOLDOVA

of October 27, 2005 No. 264-XVI

About profession of a physician

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of regulation and purpose of this law

(1) This law establishes the legal basis and regulates conditions of the organization and types of profession of a physician.

(2) This law establishes requirements to persons performing profession of a physician, their basic rights, obligations and responsibility when implementing of the this activities according to oath of the doctor.

Article 1-1. Basic concepts

For the purpose of this law the following concepts are determined:

professional competence - capability of responsible, effective, professional implementation by the doctor of service duties;

medical error - the professional mistake made by medical personnel, the supplier of medical, sanitary or pharmaceutical supplies or services when implementing medical or medico-pharmaceutical intervention, the mistake which did harm to the patient, involving the civil responsibility;

yatrogeniye - the pathological condition or deterioration in condition of the patient which resulted from medical intervention;

professional independence - freedom when implementing medical intervention and in case of purpose of treatment for the good of health of the patient;

integrity - capability of the doctor to perform the professional activity ethically, without inadequate influence and any corruption manifestations;

the doctor - person performing medical practice on the basis of education in the specialty according to the legislation of the Republic of Moldova or on the basis of the education got in other state, recognized and equated in the procedure established by the Government;

the resident doctor - the person having training in residency and providing medical care under the leadership of the coordinator of residency and the appointed specialist doctor;

nondiscrimination - the impartial attitude towards the patient, without discrimination on criteria of race, nationality, ethnic origin, language, religion or beliefs, sex, age, restriction of opportunities, views, political affiliation or by any other criteria, including in emergency situations in the sphere of public health care;

ethical and deontological standards - set of rules of conduct, the main moral values and obligations on the basis of which profession of a physician is performed;

honesty - the open and correct attitude of the doctor towards other people which is shown when implementing professional activity;

the predominating and inalienable right of the person to life - the principle according to which human life is recognized as the supreme social value;

admissible professional risk - probability of disease of the patient or causing serious harm to the patient owing to impact of potential danger of admissible nature when implementing profession of a physician;

the personalized treatment - application of the therapeutic plan adapted for features of molecular genotype of the patient with use of the advanced innovative technologies.

Article 2. Legal status of profession of the doctor

(1) Legal status of profession of the doctor is based on the Constitution of the Republic of Moldova, the Law on health protection, international treaties which party is the Republic of Moldova, this law, other regulations concerning this profession.

(2) If the international treaty which party is the Republic of Moldova establishes regulations, excellent from provided by this law, regulations of the international treaty are applied.

Article 3. Basic principles of implementation of profession of a physician

The basic principles of implementation of profession of a physician are:

a) the predominating and inalienable right of the person to life;

b) respect for humanistic nature of profession of a physician;

c) professional competence and independence;

d) constant professional development;

e) nondiscrimination;

f) maintaining confidentiality;

g) observance of the rights and interests of the patient;

h) respect for advantage, professional honor and reputation;

i) observance and protection of the rights and legitimate interests of the doctor, irrespective of public or private nature of system in which he practices, and activities implementation forms;

j) loyalty;

k) integrity and honesty;

l) cooperation and communication.

Chapter II Profession of a physician

Article 4. Profession of a physician

(1) Profession of a physician can be performed by any person conforming to the following requirements:

a) is citizen of the Republic of Moldova, has the permanent residence or the right to residence in the Republic of Moldova;

b) has the diploma of the licentiate in the field of medicine (the integrated education) and the diplomas of the specialist doctor or the diploma about the higher education as medical profile and the diploma of the licentiate upon termination of the residency/certificate of the termination of internship issued according to the legislation of the Republic of Moldova or received in other state and recognized and equated in the procedure established by the Government;

c) throughout all the professional activity enhances theoretical knowledge and practical skills according to the regulations developed and approved by the Ministry of Health, using for this purpose all available opportunities;

d) it is suitable from the medical point of view for work of the doctor;

e) does not fall under action of the restrictions and not compatibility provided by this law.

(2) in the Republic of Moldova doctors - foreign citizens and stateless persons on the conditions provided by this law and based on the principle of reciprocity established by international treaties which party is the Republic of Moldova can be engaged in Profession of a physician.

Article 4-1. Activities of the resident doctor

(1) Voided according to the Law of the Republic of Moldova of 01.02.2024 No. 15

(2) Activities of the resident doctor include theoretical and practical professional training in the specialty, delivery of health care under the leadership of the coordinator of residency or the appointed specialist doctor.

(3) Practical activities of the resident doctor are paid in the amount and procedure established by the Government, with preserving grant.

Article 5. Content of profession of a physician

(Activities of the doctor include 1):

a) delivery of health care in case, injuring, medical care, rehabilitation of the patient, excepting negligence and medical errors, applying the principle of nondiscrimination;

and-1) acceptance on professional responsibility for safety and quality of the medical intervention which is carried out in relation to the patient;

b) promotion of healthy lifestyle;

c) organization of preventive actions;

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