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LAW OF THE REPUBLIC OF BELARUS

of June 18, 1993 No. 2435-XII

About health care

(as amended on 21-10-2016)

This Law is aimed at providing legal, organizational, economic and social basis of state regulation in the field of health care for the purpose of preserving, strengthening and recovery of population health.

Chapter 1 General provisions

Article 1. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

the diagnosis - the medical certificate about the state of health of the patient;

diagnostics - complex of the medical services directed to establishment of the diagnosis;

disease - disorder of health of the person, violation of normal activity of its organism, including as a result of injuries, wounds, mutilations, contusions, birth defects and medical emergencies;

health - condition of complete physical, spiritual and social wellbeing of the person, and not just absence of diseases;

health care - field of activity of the state which purpose are the organization and ensuring available medical attendance of the population;

the clinical protocol - the technical regulatory legal act approved by the Ministry of Health of the Republic of Belarus and establishing general requirements to delivery of health care to the patient in case of certain disease with certain syndrome or in case of certain clinical situation;

treatment - complex of the medical services directed to elimination of disease at the patient;

medical activities - the activities for the organization and delivery of health care, ensuring sanitary and epidemiologic wellbeing of the population, conducting medical examination performed by legal entities and individual entrepreneurs according to the procedure, established by the legislation of the Republic of Belarus;

medical care - the complex of the medical services directed to preserving, strengthening and recovery of health of the patient, including medical prevention, diagnostics, treatment, medical rehabilitation and prosthetics, performed by health workers;

medical prevention - the complex of the medical services directed to decrease in probability of emergence of diseases, identification of the reasons and conditions promoting their origin and distribution based on personal interest of the patient;

medical rehabilitation - complex of the medical services directed to recovery of normal activity of organism of the patient and compensation of its functionality broken as a result of disease;

medical service - medical intervention or complex of medical interventions, and also other operations performed in case of delivery of health care;

medical ethics and medical ethics - set of the principles, regulations and rules of conduct of health, pharmaceutical workers in case of accomplishment of job responsibilities by them;

medical products - products of medical appointment, medical equipment;

medical examination - the medical service directed to assessment of the state of health of the patient, detection of diseases, risk factors of their origin;

the health worker - the physical person having the higher or secondary vocational medical education supported by the education document, and in the procedure established by the legislation of the Republic of Belarus engaged in the activities connected with the organization and delivery of health care, ensuring sanitary and epidemiologic wellbeing of the population, conducting medical examinations;

medical intervention - any impact and (or) other manipulation which are carried out by the health worker in case of delivery of health care;

the organization of health care - the legal entity whose core activity is implementation of medical and (or) pharmaceutical activities;

the patient - the physical person who asked for medical care, being under medical observation or receiving medical care;

prosthetics - complex of the medical services directed to recovery of functions or esthetic type of body (part of body) of the patient with use of artificial or biological materials;

workers of health care - persons borrowing in the procedure for position of health, pharmaceutical workers established by the legislation of the Republic of Belarus and also the other persons working in the field of health care;

The republican form of medicines - the list of medicines with the proved efficiency, admissible safety, the most economic budgetary funds in case of use allocated for health care;

The republican form of medical products - the list of the medical products conforming to requirements for safety, efficiency, quality and the most economic budgetary funds in case of use allocated for health care;

condition - the changes of human body arising in connection with impact of pathological and (or) physiological factors and requiring delivery of health care;

pharmaceutical activities - the activities in the sphere of drug circulation, pharmaceutical substances and medicinal vegetable raw materials performed by legal entities and individual entrepreneurs according to the procedure, established by the legislation of the Republic of Belarus;

the pharmaceutical worker - the physical person having the higher or secondary vocational pharmaceutical education supported by the education document, and in the procedure established by the legislation of the Republic of Belarus engaged in the activities connected with drug circulation, pharmaceutical substances and medicinal vegetable raw materials.

Determinations of other terms contain in individual clauses of this Law.

Article 2. Legislation of the Republic of Belarus on health care

The legislation of the Republic of Belarus on health care is based on the Constitution of the Republic of Belarus and consists of this Law, acts of the President of the Republic of Belarus, other acts of the legislation of the Republic of Belarus, and also international treaties of the Republic of Belarus.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 2-1. Coverage of this Law

This Law governs the public relations arising in case of:

implementation of health care by the organizations, other organizations, individual entrepreneurs of medical, pharmaceutical activities;

delivery of health care;

implementation of measures for public health care.

Operation of this Law extends on:

state bodies;

organizations of health care;

other organizations, including the organizations which along with the main activities perform medical, pharmaceutical activities;

the individual entrepreneurs performing medical, pharmaceutical activities;

physical persons.

Article 3. The basic principles of state policy of the Republic of Belarus in the field of health care

The basic principles of state policy of the Republic of Belarus in the field of health care are:

creation of conditions for preserving, strengthening and recovery of population health;

ensuring availability of medical attendance, including provision of medicines;

priority of measures of preventive orientation;

priority of development of primary medical care;

priority of medical attendance, including provision of medicines, minors, women during pregnancy, childbirth and during the postnatal period, disabled people and veterans according to the legislation of the Republic of Belarus;

ensuring sanitary and epidemiologic wellbeing of the population and its future generations;

forming of responsible attitude of the population to preserving, strengthening and recovery of own health and health of people around;

responsibility of state bodies, organizations for the state of health of the population;

responsibility of employers for the state of health of workers.

Article 4. Providing rights of citizens of the Republic of Belarus to available medical attendance

Citizens of the Republic of Belarus have the right to available medical attendance which is provided:

provision of free medical care based on the state minimum social standards in the field of health care in State Healthcare Institutions;

provision of medical care in the state organizations of health care, the non-state organizations of health care and at the individual entrepreneurs performing medical activities in the procedure established by the legislation of the Republic of Belarus at the expense of own means, means of the legal entities and other sources which are not forbidden by the legislation of the Republic of Belarus;

availability of medicines;

implementation of measures for sanitary and epidemiologic wellbeing of the population;

conducting medical examinations.

Article 5. Right of foreign citizens and stateless persons to available medical attendance

The foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus have the right to available medical attendance on an equal basis with citizens of the Republic of Belarus if other is not determined by legal acts of the Republic of Belarus and international treaties of the Republic of Belarus.

The foreign citizens and persons without citizenship which are temporarily staying or temporarily living in the Republic of Belarus have the right to available medical attendance at the expense of own means, means of the legal entities and other sources which are not forbidden by the legislation of the Republic of Belarus if other is not established by legal acts of the Republic of Belarus and international treaties of the Republic of Belarus.

Article 6. International cooperation in the field of health care

International cooperation in the field of health care is performed according to the legislation of the Republic of Belarus on the basis of respect for the conventional principles and rules of international law.

Article 7. Participation of public associations in the solution of questions in the field of health care

Medical, Pharmaceutical public associations, the Belarusian Society of the Red Cross, labor unions and other public associations according to the charters take part in the solution of questions in the field of health care according to the procedure established by the legislation of the Republic of Belarus.

Chapter 2 State regulation in the field of health care. Structure of health care of the Republic of Belarus. The organization of activities in the field of health care

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