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. Sphere of regulation 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 determines requirements to person wishing to be engaged in profession of a physician, its basic rights, obligations and responsibility when implementing of the this activities according to oath of the doctor.

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 profession of a physician

The basic principles of profession of a physician are:

a) the professional training corresponding to the concept of special university and post-university preparation of medical and pharmaceutical personnel in the Republic of Moldova and also to the international educational standards of professional training;

b) competence, professional responsibility and high moral and ethical qualities of the doctor, respect for the principle "do not do much harm";

c) observance of the rights and interests of the patient, and also his relatives;

d) respect for the predominating and inalienable right of the person to life;

e) respect and protection of the rights and legitimate interests of the doctor irrespective of nature of system (state or private) in which profession of a physician, and type of these activities is performed;

f) providing optimum conditions for implementation of professional activity.

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) Activities of the resident doctor perform person passing medical residency.

(2) Activities of the resident doctor include theoretical and practical professional training, and also delivery of health care under observation of the coordinator of residency or the appointed specialist doctor in the amount and procedure established by the Government.

(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 or injury rate to the patient irrespective of sex, age, national and race, social and financial position, political and religious views, religion, language and outlook;

b) promotion of healthy lifestyle;

c) organization of preventive actions;

d) enhancement of professional qualities and accumulating of medical experience;

e) teaching activities in medical institutions of preuniversitetsky, university and post-university education.

(2) Irrespective of pattern of ownership of medical institution in which the doctor works he can cooperate with professional and public organizations in the field of public health care, social partners and bodies of the public power.

(3) the Doctor can be engaged also in other types of activity within the current legislation.

(4) the resident Doctor performs profession of a physician according to the program of medical residency in the competence limits set by the Government.

Article 6. Humane nature of profession of the doctor

(1) the Profession of the doctor has humane character as any medical intervention is performed only for the benefit of preserving, recovery and strengthening of health of the personality, and also for the benefit of society.

(2) Under any conditions of implementation of professional activity the doctor shall show readiness for assistance, correctness, commitment to case and respect for the person.

Article 7. Respect for the human person

(1) Health of the person is the supreme value of personal and public nature.

(2) Applying all the professional knowledge and ability, the doctor shall promote public health care, fight against any forms of manifestation of cruelty and humiliation of human dignity, to show respect for the person.

Article 8. Incompatibility and restriction

(1) Profession of a physician is incompatible with:

a) pharmaceutical activities - production, issue, distribution and trade in pharmaceutical and parapharmaceutical products;

b) any activities or any occupation degrading professional advantage or harming it, violating the deontological code;

c) the state of health which is not corresponding to profile of profession of a physician, confirmed with the medical certificate issued according to the legislation;

d) use of medical knowledge to the detriment of health of the patient or in criminal objectives.

(2) cannot be engaged in profession of a physician:

a) person who is earlier condemned for intentional crime execution when implementing profession of a physician;

b) person to whom punishment in the form of deprivation of the right to be engaged in profession of a physician for the period established by the final judgment was taken out;

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