of December 30, 1999 No. 789-IG
About private medical activities
This Law governs the relations between subjects of private medical activities, determines their rights and obligations, organization-legal bases of these activities.
The basic concepts used in this Law express the following values:
subjects of private medical activities - the private medical institutions performing medical activities, and the physical persons practising private medicine;
private medical activities - implementation of private medical activities with creation of the legal entity in the procedure established by the legislation;
private medical practice - activities for rendering by persons having the higher or secondary medical education medical care without creation of the legal entity according to specialty based on issued in the procedure for special permission established by the legislation;
private medical institution - medical institution which property is based on the private property or property used on the basis of the lease agreement;
medical care - prevention and diagnosis of diseases, poisonings, injuries, treatment and rehabilitation of patients, pregnancy observation, acceptance of childbirth and observation of the postnatal period;
medical service - the paid medical care provided by certain type and in certain amount according to the agreement;
standards of medical care - the list of requirements to regulations, rules and features of certain type of medical care, to its results;
programs of the state providing for rendering medical care to the population (further - programs of the state providing) the regulatory legal acts establishing type, amount and conditions of the medical care provided to the population at the expense of budgetary funds;
the insurer - the local legal entity, and in relation to compulsory medical insurance - body (organization) determined by relevant organ of the executive authority, the insurance which is the agreement party having the corresponding license for implementation of insurance activity according to the Law of the Azerbaijan Republic "About insurance activity" and incurring the obligation on payment of insurance indemnity in case of the loss occurrence according to the procedure established by the laws on compulsory insurance or the agreement.
The legislation of the Azerbaijan Republic on private medical activities consists of the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts and interstate agreements supported by the Azerbaijan Republic.
Subjects of private medical activities along with the public and local government offices of health care provide implementation of state policy in the field of health care and public health care.
The private medical institution can be created in the procedure established by the legislation by legal entities and physical persons of the Azerbaijan Republic.
Legal entities and physical persons of foreign countries, and also the persons without citizenship who are constantly living in the Azerbaijan Republic can create private medical institutions in the procedure established by the legislation if other is not provided in the interstate agreements supported by the Azerbaijan Republic.
The private medical institution can be engaged in medical activities in the presence of the special permission issued according to the legislation by certain types of medical activities and in case of execution of an employment agreement with the specialists having the corresponding specialty by each type of medical activities.
Persons who are engaged in medical activities are not allowed to be engaged in medical activities (except for first aid) in addition to the works and services specified in the special permission (license) issued to them in the sphere of private medical activities.
Accreditation of private medical institution is performed by relevant organ of the executive authority with participation of professional associations of health workers.
Employees of private medical institutions according to the Law of the Azerbaijan Republic "About public health care" are involved in training and certification. The workers who did not undergo certification according to the legislation are not allowed to practical medical activities.
Reorganization and liquidation of private medical institution is performed in the procedure established by the legislation.
In case of liquidation of private medical institution medical documents are transferred by the decision of relevant organ of the executive authority within one month to the liquidation commission created in the procedure established by the legislation.
The citizens of the Azerbaijan Republic having the higher or secondary medical education, who underwent certification in the cases determined by the law, got the special permission corresponding to certain type of medical activities in the procedure established by the legislation, and also having medical length of service according to the requirements established by relevant organ of the executive authority can practise private medicine.
Conditions for occupation of the foreigners and stateless persons who are constantly living in the Azerbaijan Republic private medical practice are established by relevant organ of the executive authority.
Persons occupied with private medical practice according to the Law of the Azerbaijan Republic "About public health care" are involved in training and certification. The workers who did not undergo certification according to the legislation are not allowed to practical medical activities.
Private medical practice stops in the procedure established by the legislation.
The relevant organizations and patients no later than two weeks before the termination of private medical practice or in the terms specified in the agreement on delivery of health care shall be notified on it.
Subjects of private medical activities give primary health care according to the Law of the Azerbaijan Republic "About public health care" based on the agreements signed by them with insurers.
The agreement on delivery of health care by the private medical institution and face practising private medicine shall reflect types, amount and conditions of rendering this help.
It is cancelled.
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