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LAW OF THE REPUBLIC OF ARMENIA

of April 4, 1996 No. ZR-42

About medical care and servicing of the population

(as amended on 03-08-2023)

Accepted by National Assembly of the Republic of Armenia on March 4, 1996

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

This Law governs the relations connected with the organization of the medical care and servicing providing constitutional right of the person on health protection, prevention, legal and financial issues, and also turnover of medical products.

Article 2. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) medical care and servicing - rendering the advisory, preventive, medical, palliative, medicinal care to the population, carrying out diagnostic inspections, rehabilitation treatment, medical examination, provision of paramedical services and other services of not medical nature;

2) palliative medical care - the medical care and servicing directed to improvement of quality of life of the patient having life-endangering and incurable disease, and his families, which purpose - to alleviate pain, sufferings of the patient and other physical, social and psychological problems connected with disease;

3) health - condition of full-fledged physical, mental and social wellbeing, and not just absence of disease or disability;

4) disease - the pathological condition which is negatively reflected in structure or functioning of any body or all organism is also not caused by direct external injury;

5) prevention of disease - complex of the events held at the level of the individual or the society directed on decrease in factors of freight and risk of diseases which purpose - strengthening of health, primary and secondary prevention of diseases;

6) diagnostics - determination of disease or any problem with health and differentiation from other similar problems by application of complex actions;

7) medical examination - physical inspection by the medical specialist of the patient on availability of any medical sign or symptom of medical condition;

8) parahealth service - support services in medical care and servicing which list approves authorized body of public administration in health sector of the Republic of Armenia (further - authorized body);

9) copayment - the surcharge made by citizens for medical care and servicing in the preferential terms guaranteed by the state within programs of protection and improvement of health of the population in the amount of difference of the prices established by authorized body and the real expenses calculated for the same service or fixed amount;

10) the state participation - partial compensation for the medical care and servicing, drugs and (or) medical accessories provided to person at the expense of means of the government budget of the Republic of Armenia;

11) person performing medical care and servicing - the individual entrepreneur or the legal entity licensed in the procedure established by the legislation, performing certain type or types of medical care and servicing irrespective of form of business, pattern of ownership, either the public or local government office;

12) health sector - the sphere in which activities for protection and improvement of health of the person and society are performed;

13) databases of health sector - set of the impersonal data concerning activities for protection, providing and improvement of health of the person and society, or personal data of patients which process authorized body (including the state organizations performing activities in the sphere of ensuring sanitary and hygienic safety of the population and public health) or persons performing medical care and servicing by means of system of electronic health care. In this Law the concept "processing of personal data" is applied in the sense applied in the Law "About Personal Data Protection";

14) medical secret - data on the state of health of the patient or on the request for obtaining or on receipt of medical care and servicing, and also established in the course of implementation of medical care and servicing;

15) professional activity in health sector - implementation by person of works in health sector according to its education, the qualification and the professional characteristic approved by authorized body within its competence according to the laws, other legal acts, its job duties;

16) medical intervention - action which the medic with the patient for the purpose of assessment performs, improvements, changes of health or pathological condition;

17) treatment method - the action (actions) based (based) on the principles of evidential medicine with use of professional knowledge or technologies for implementation of the corresponding type of medical care and servicing;

18) telemedicine - medical practice of implementation of remote consultation between doctors, and also between the doctor and the patient with use of information technologies;

19) the medic - the physical person performing activities in health sector, and in the cases provided by this Law - the corresponding professional medical education which is also performing professional activity and having for this purpose, qualification, specialization and the provided certificate of continuous professional development and also performing nonprofessional auxiliary activities;

20) the senior medic - the physical person performing certain professional activity in health sector which has the corresponding higher education and qualification, specialization of the doctor and in the procedure established by the legislation received certificates of professional activity and the NPR;

21) the average medic - the physical person performing certain professional activity in health sector which has secondary vocational or primary vocational (craft) education and qualification and in the procedure established by the legislation received certificates of professional activity and the NPR;

22) the junior medic - the physical person performing nonprofessional auxiliary activities in health sector to which, depending on type of medical care and servicing, the legislation or person performing medical care and servicing requirements about ownership of certain knowledge and skills can be imposed. Junior medics do not undergo process of continuous professional development and do not receive the certificate of the NPR;

23) the patient - the physical person receiving medical care and servicing or who addressed for it;

24) the contact person - the full age, capable person authorized by the patient whom in priority procedure the medic in connection with the state of health of the patient, its further current in case of need can contact, and in case of the patient in unconsciousness - also for implementation of medical intervention, and data on whom the patient provides, for the first time asking for medical care and servicing, with opportunity to replace it further;

25) programs of protection and improvement of health of the population - the programs performed at the expense of funds of the government budget of the Republic of Armenia, other sources which are allocated for protection or improvement of health of the population or prevention of diseases or the organization of medical care and servicing of the population or provision of medicines or ensuring hygienic and anti-epidemic safety or the organization of continuous professional development of medics;

26) quality of medical care and servicing - determinant of extent of improvement of the expected positive results for health as a result of the medical care and servicing rendered to individuals and the population;

27) continuous improvement of quality of medical care and servicing - the process providing continuity of complex assessment and improvement of three main components of medical care and servicing - structure, process and result - on intra organizational (in medical institution) and extra organizational (regional, national) levels in health sector which is performed according to the procedure, established by authorized body;

28) quality management - set of actions for assessment, control and improvement of quality of medical care and servicing of the population;

29) quality management system - set of the interconnected or mutually influencing elements for development of policy, is more whole than quality assurance of service of medical care and servicing or medical product and for achievement of these purposes;

30) clinical management - the document developed on the basis of the principles of evidential medicine of professional medical public organizations or the health or medical organizations, approved by authorized body and provided for medics which includes the best practice of modern medicine on maintaining certain disease or syndrome or clinical condition and satisfies to needs of the patients having certain problems with health which purpose is assistance to medics in decision making in certain clinical case;

31) the protocol of maintaining the patient - the mandatory requirements imposed to maintaining by the medic disease or syndrome or clinical condition - to consultation, diagnostics, treatment, approved by authorized body;

32) the procedure - the document describing the organization of medical care and servicing, approved by authorized body which is obligatory for all persons performing medical care and servicing, acting in the territory of the Republic of Armenia, except for the medical care performed within clinical testing;

33) criterion - the document describing and regulating the organization and implementation of medical care and servicing on guaranteed by the state within programs of protection and improvement of health of the population free and preferential, and also on other conditions which approves authorized body;

34) the medical document - the paper or electronic reporting or accounting document maintained (filled) by the medic and in the form approved according to the procedure, established by authorized body which includes necessary medical and not medical data on the state of health of the patient, receipt of medical care and servicing, consent on it or refusal of it, and also about health protection of the patient or prevention of diseases;

35) the professional characteristic - the document establishing the general description of each of medical or not medical, and also narrow specialties of health sector, theoretical and practical knowledge, working skills and capabilities and also amount of professional privileges, obligations and functions of the specialist;

36) continuous professional development - the process providing continuity of development of professional opportunities, capabilities and skills of the physical persons performing professional activity in health sector;

37) the certificate of continuous professional development (further - the certificate of the NPR) - permission to continuation of independent professional activity of the medic which is issued in the cases provided by this Law in case of accumulating of the credits of continuous professional development (further - the credits of the NPR) and at least three years of implementation of professional activity for the last five years;

38) certification - assessment procedure of results of continuous professional development and issue of the certificate of the NPR;

39) professional enhancement on workplace - process of acquisition by the medic of new practical knowledge and skills in other medical organization or in the medical organization which is workplace of the medic with participation of the specialists invited from other medical organizations;

40) testing - process of assessment of the theoretical knowledge and practical skills received by the medic in the course of education, continuous professional development for implementation of medical care and servicing;

41) rules of professional ethics - standard of behavior in professional activity of the medic;

42) the commission on ethics - the body provided by this Law, considered cases of abuse of regulations of professional ethics;

43) system of electronic health care (further - system) - set of information and infrastructures which provides input, processing, storage, archiving and use of health data of each person in the electronic circle;

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