LAW OF THE REPUBLIC OF MOLDOVA

of February 3, 2009 No. 10-XVI

About the state supervision of public health

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(1) This law regulates the organization of the state supervision of public health, establishing general requirements to public health, the rights and obligations of physical persons and legal entities, procedure for the organization of system of the state supervision of public health.

(2) the Purpose of this law is providing optimum conditions for the maximum realization of potential of health of each individual throughout all life by means of organized efforts of society on the prevention of diseases, protection and promotion of health of the population, improvement of quality of life.

Article 2. Basic concepts

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

competent authority of supervision of public health - the legal entity subordinated to the Ministry of Health performing technical and methodological coordination of industry activities for the purpose of reasons, developments and strategy implementations of protection and promotion of health, the prevention and control of the transmitted and not transmitted diseases, and also the politician in specific areas of public health at the national and/or territorial levels;

sanitary authorization - the procedure of official assessment of products, services and activities from the point of view of their impact on health;

sanitary permission to functioning - the act issued according to the law competent authority of supervision of public health, confirming compliance to the sanitary legislation of one or several types of activity performed by business entity;

the sanitary conclusion - the act issued according to the law competent authority of supervision of public health, confirming compliance or discrepancy of processes, services or products to the sanitary legislation;

contagious disease - the infectious disease which is transmitted from the person to the person or from animal to the person;

infectious disease - the disease caused by live organism or other pathogenic agent including fungi, bacteria, parasites, protozoa or viruses which can be transferred or not be transferred from the person to the person or from animal to the person;

not transmitted disease - the disease of the person caused by determinants of the state of health which is not transmitted from the person to the person or from animal to the person;

occupational disease - the deterioration in health resulting from harmful effects of the physical, chemical or biological factors characteristic of place of employment or as a result of overload of some bodies or systems of human body owing to any occupation or implementation of professional activity;

the transmitted disease - the disease extending among people and/or animals by direct or indirect transfer from the subject to the subject, caused, as a rule, by live organisms and/or products of their metabolism;

quarantine - movement restriction, isolation and/or department from other people of persons suspected of contamination who are not patients, or the baggage, containers, vehicles, values suspected of contamination so that to prevent possible spread of infection or infection;

the state control in the field of public health - the activities performed by competent authority of supervision of public health within supervision for the purpose of the prevention, identification and elimination of violations of the sanitary legislation by physical persons and legal entities;

determinants of the state of health - the factors causing the state of health of the population: social and economic, biological, the environment, behavioural, and also customs, providing services in the field of health, their quality and availability;

risks assessment for health - assessment of level in case of which exposure to the risk factors connected with the environment, life, work and rest and caused by individual and collective lifestyle influences the state of health of the population;

- capability of system of public health, including medical authorities, bodies of public management, communities and individuals to prevent readiness for urgent situations in public health urgent situations in public health, to be protected in the conditions of those, to react quickly to them and to be recovered after them;

isolation - physical department of individual or group of the individuals infected or concerning which based on some assumptions there are suspicions that they are infected contagious or, perhaps, contagious disease, from other persons for the purpose of the prevention or restriction of transfer of disease to healthy faces;

actions in the field of public health - the administrative, technical, medical and sanitary, veterinary and other measures directed to health protection, the prevention of diseases and promotion of health;

the sanitary standard rate - minimum and/or the most admissible qualitative and/or quantitative index established based on risk assessment researches which differentiates values of determinants of the state of health from the point of view of their harmlessness and safety for health and human life;

the sanitary instruction - the act of competent authority of supervision of public health issued according to the law which establishes requirements for elimination of violations of the sanitary legislation and/or for holding actions in the field of public health;

the prevention of diseases - the actions taken in first-priority procedure concerning individual, directed to the prevention or decrease in probability of origin of the transmitted and not transmitted diseases, their distribution and/or on prevention of recurrence and complications;

primary prevention - the events held for the purpose of creation of the circumstances reducing risk of emergence of any disease at the population;

the secondary prevention - the actions directed to early detection of some diseases and the prevention of their distribution in community;

the principle of precaution - the tool by means of which the competent authority of supervision of public health makes decisions and performs intervention in cases of establishment of availability of potential risk for health of the population in the conditions of the insufficient scientific argumentation;

promotion of health - process of distribution of information, training and education for the purpose of forming of knowledge and individual healthy skills, consultation and involvement of the population, creation of the partnership providing to individual and collectives opportunity to control and improve the health from the physical, mental and social points of view, and also to promote reducing inequalities in the field of health;

health protection - set of the actions directed to enforcement of legal and other regulations for the purpose of guaranteeing safety and preserving health of the population;

sanitary regulations - the regulation establishing rules and regulations of binding character in the field of public health;

risk for health - probability to be endangered, connected with natural, technogenic, biological and social factors, with the consequences of their impact which are expressed in adverse effect on health and weight of this influence;

individual health - condition of complete physical, mental and social wellbeing, and not just absence of diseases or physical defects (mutilation or disease);

professional health - absence not only diseases or physical defects, but also the physical and mental elements influencing health and which are directly connected with safety and hygiene of workplace;

public health - set scientific and practical, legislative, organizational, administrative and other sort of the actions directed to promotion of health, the prevention of diseases and prolongation of life by efforts and the informed choice of society, public and private communities and individuals;

services in the field of public health - the activities directed to promotion of health, prolongation of life and the prevention of diseases within health care industry, oriented to the population;

the mode of urgent situation in public health - complex of actions of administrative, economic, medical, social nature and on maintenance of public order, established temporarily in some settlements or in the territory of all country in case of threat of origin or emergence of urgent situation in public health for the purpose of the prevention, reduction and liquidation of its consequences;

the state supervision of public health - the measures taken on behalf of the state directed to permanent collection, the analysis, interpretation and distribution of data on the state of health of the population and the factors causing it and also measures of the state control of public health based on which priorities of public health are determined and are established actions in the field of public health;

urgent situation in public health - origin or real threat of spread of disease or problem for health which assume high probability of large number of death and/or large number of mutilations among affected population, or broad impact of the biological, chemical or physical agent who can cause in the future significant risks for large number of persons among affected population.

Article 3. The basic principles of state policy in the field of public health

The basic principles of state policy in the field of public health are:

1) ensuring with the state supervision of public health by coordination and implementation of monitoring of efforts of society in the field;

2) ensuring fair access to services in the field of public health for all citizens of the country;

3) responsibility of individual and society in general for public health;

4) active partnership with communities and with the central and local authorities of public management;

5) focusing on primary and secondary prevention and needs of communities and population groups;

6) care of determinants of the state of health: social, environment, behavioural;

7) multi-profile and intersectoral approach with accurate distribution of responsibility;

8) decision making on the basis of scientific proofs and/or recommendations of the competent international organizations;

9) use of the principle of precaution in specific conditions;

10) ensuring transparency of decision making, including by use of information technologies.

Article 4. Core activities on supervision of public health

The state supervision of public health is exercised by means of:

1) supervision of health of the population and its assessment with establishment of priorities of public health;

2) identifications, estimates, managements and messages on risks for public health, their forecast and reduction of negative impact on health;

3) health protection by development, coordination, supervision and the state control of application of the legal and other regulations, managements on the best practicians and standard working procedures regulating determinants of the state of health;

4) the state authorization of activities, services and products influencing health of the population within competence;

5) initiation, participations in development, implementation of monitoring and realization politician and programs of public health;

6) preventions of diseases by implementation of interventions according to primary and secondary prevention;

7) promotions of health through informing, education and communication;

8) quality evaluation and efficiency of personnel and services in the field of public health rendered to communities;

9) initiation, supports and carrying out scientific and practical researches in the field of public health;

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