LAW OF THE REPUBLIC OF BELARUS

of June 18, 1993 No. 2435-XII

About health care

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:

close relatives are parents, adoptive parents (adopters), full age children including adopted (adopted) brothers and sisters, the grandfather, the grandma, full age grandsons;

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;

quality of medical care – set of the characteristics of medical care reflecting its capability to satisfy needs of the patient, timeliness of delivery of health care, degree of its compliance to clinical protocols and other regulatory legal acts for health care, and also extent of achievement of the planned result of delivery of health care;

the clinical protocol – the technical regulatory legal act approved by the Ministry of Health and establishing general, provided in the structured type of the requirement to amount of delivery of health care to the patient taking into account possible types of medical care, forms and conditions of its rendering in case of certain disease, certain syndrome or certain clinical situation, and also containing options of medical intervention and the description of the sequence of actions of health workers taking into account syndrome, courses of disease, availability of complications and associated diseases, clinical situation, other factors influencing results of delivery of health care;

counterfeit medical product (product of medical appointment, medical equipment) – the medical product (product of medical appointment, medical equipment) issued or which is in circulation with violation of the law in the field of intellectual property;

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

medical abilitation – complex of the medical services directed to forming, development and maintenance of functions of bodies or systems of organism of the patient, and also opportunities and capabilities of the person which natural formation is complicated;

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;

medical care – the complex of the medical services directed to preserving, strengthening and recovery of health of the patient, change and maintenance of esthetic type of the patient, including medical prevention, diagnostics, treatment, medical abilitation, medical rehabilitation and prosthetics, performed by health workers;

medical prevention – complex of the medical services directed to preservation and promotion of health of the patient, forming of healthy lifestyle, decrease in probability of origin and spread of diseases and pathological conditions, their early identification, establishment of the reasons and conditions of their origin and development, and also to prevention of adverse effect on health of the person of factors of the circle of its dwelling;

medical rehabilitation – complex of the medical services directed to complete or partial recovery broken and (or) compensation of the functions of bodies or systems of organism of the patient lost as a result of disease;

medical technology – set of the interconnected medical services, medicines and medical products which can be used in case of delivery of health care;

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) (further – medical products) – any tools, devices, devices, the equipment, materials and other products which are applied in the medical purposes separately or in combination among themselves, and also with the accessories necessary for application of medical products to destination (including the special software) are intended by the producer for delivery of health care, including monitoring of condition of human body, carrying out medical researches, recovery, replacement, change of anatomical structure or physiological functions of its organism, prevention or termination of pregnancy and which functional purpose is not implemented by pharmacological, immunological, genetic or metabolic impact on human body, however can be supported by medicines;

the medical document – the document containing the diagnosis and (or) other data on the state of health of the patient, delivery of health care, recommendations, preventive inoculations, results of medical examination, medical examination, tool, laboratory, other researches and other medical data;

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 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;

medical observation – the necessary examination of the patient conducted with certain frequency for the purpose of timely identification, the prevention of complications, exacerbations of diseases, other conditions, their prevention and implementation of medical rehabilitation;

method of delivery of health care – evidence-based set of the consecutive, interconnected medical interventions providing medical prevention, diagnostics, treatment, medical abilitation, medical rehabilitation and prosthetics;

unfavorable event (incident) – any defect and (or) deterioration in characteristics either violation of functioning of medical product, or its discrepancy to requirements for safety, efficiency, quality and accompanying information (documentation), either insufficiency or incorrectness of accompanying information (documentation) on medical product, or the collateral reaction or by-effect which is not specified in the instruction for application (operation manual) which directly or indirectly brought or could lead to death or serious deterioration in the state of health of users of this medical product or the third parties;

the low-quality medical product – medical product which does not conform to requirements for safety to efficiency, quality of medical products, requirements to marking, technical and operational documentation and cannot be safely used for designated purpose, established by the producer;

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 and (or) concerning which medical expertize is carried out;

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 holding positions of health, pharmaceutical workers in the procedure established by the legislation 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;

counterfeited medical product – the medical product which is intentionally accompanied with false information about its structure, characteristics and (or) the producer;

pharmaceutical activities – the activities in the sphere of drug circulation performed by legal entities and individual entrepreneurs according to the procedure, established by the legislation;

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 engaged in the activities connected with drug circulation;

the electronic medical record of the patient – the structured set of electronic medical documents, records about the state of health of the patient, the facts of its request for medical care and other information on the patient in centralized information system of health care;

the electronic medical document – the medical document in electronic form with the details allowing to establish its integrity and authenticity which prove to be true by application of the certified means of the digital signature with use in case of verification of the digital signature of open keys of the organization or physical person (persons) which signed this electronic document.

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

Article 2. Legal regulation of the relations in the field of health care

The relations in the field of health care are governed by the legislation on health care, international treaties of the Republic of Belarus, and also the international legal acts constituting the right of the Eurasian Economic Union.

The legislation 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 and other acts of the legislation.

The relations in the field of health care in the territory of the Chinese-Belarusian industrial park "Great Stone" are governed by the legislation on health care if other is not established by the legal acts regulating activities of the Chinese-Belarusian industrial park "Great Stone".

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;

the operator of centralized information system of health care, and also on owners of the information systems and information resources performing obtaining, transfer, collection, processing, accumulating, storage and provision of medical information in the field of health care.

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;

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 at the expense of public funds based on the state minimum social standards in the field of health care in State Healthcare Institutions, university clinics;

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 at the expense of own means, means of the legal entities and other sources which are not forbidden by the legislation;

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, including to receipt of free medical care at the expense of public funds based on the state minimum social standards in the field of health care in State Healthcare Institutions if other is not established by legal acts 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 if other is not established by legal acts 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 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.

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

Article 8. Powers of the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, other state bodies and state organizations in the field of health care

The president of the Republic of Belarus determines state policy and performs other state regulation in the field of health care according to the Constitution of the Republic of Belarus, this Law and other legal acts.

Council of Ministers of the Republic of Belarus in the field of health care:

provides carrying out single state policy;

provides development of international cooperation;

approves state programs;

at least once a year reports to the President of the Republic of Belarus on carrying out single state policy and on the state of health of the population of the Republic of Belarus;

establishes procedure for creation and functioning of single state training system of the population to methods of first-aid treatment in case of the conditions posing threat for life and (or) health of the person;

determines procedure for functioning and use of centralized information system of health care;

determines procedure for medical and social resettlement in the rehabilitation center for persons having chronic alcoholism, drug addiction and toxicomania approves regulations on such center;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info