LAW OF THE REPUBLIC OF MOLDOVA

of March 28, 1995 No. 411-XIII

About health protection

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Legislation on health protection

(1) the Legislation on health protection is based on the Constitution and consists of this law and other regulations.

(2) Violation of the law about health protection, regulations and rules of public health is punished according to the current legislation.

Article 2. Structure and basic principles of the organization of health care system

The health care system consists of treatment-and-prophylactic, sanitary and preventive, sanitary and anti-epidemic, pharmaceutical and other organizations. It is based on the following principles:

a) the decentralized management;

b) responsibility of the central and local authorities of public management, the companies, organizations, the organizations (further - the companies) and officials for carrying out state policy in the field of health care;

c) responsibility of bodies and healthcare institutions for availability, timeliness, quality and amount of medical care, for quality of professional training and advanced training of medical and pharmaceutical personnel;

d) uses of achievements of modern medical science, the equipment and practice in activities of healthcare institutions;

e) protection of the rights of workers of health care and control over the implementation of professional obligations by them;

f) preventive approach to ensuring public health care spheres of activity;

g) varieties of forms of medical care (state, insurance, private);

h) guaranteeing by the state protection of interests of the population in the field of health protection through system of compulsory medical insurance, rendering primary medical care, rendering emergency medical service at pre-hospital stage, rendering stationary medical care in the set limits and amount taking into account needs of children, women and men, persons with limited opportunities and elderly people;

i) free choice by the patient of the family doctor;

j) responsibility of each person for the health.

Article 3. Preventive orientation of ensuring public health care

(1) Prevention is the basic principle of ensuring public health care.

(2) Organa of public management, the company shall take the necessary social and medical measures directed to primary prevention of diseases, in particular to improvement of the environment, creation and preserving favorable hygienic living conditions and work, preserving and public health care and its separate categories (women, children, elderly people), promotion of active recreation and mass physical culture, the organization of balanced diet, sanitary education of the population.

Article 4. Suppliers of medical services

(1) Suppliers of medical services can be state or private. The state suppliers of medical services are public medical and sanitary organizations and the budget bodies / budgetary institutions.

(2) Public medical and sanitary organizations are created by the decision of the Ministry of Health or bodies of local public authority on the basis of the list of suppliers of medical services approved according to part (5). Departmental public medical and sanitary organizations are created by the decision of bodies of the central branch public management.

(2-1) Heads of the state republican, regional, municipal, district healthcare institutions are elected on the basis of the tender organized by the Ministry of Health and are appointed to position by the founder. Dismissal of heads of the state republican, regional, municipal and district healthcare institutions is performed by the founder. The regulations on appointment of heads of public medical and sanitary organizations on competitive basis affirm the Government.

(2-2) Head of public medical and sanitary organization manage organization on the basis of the agreement of the management corresponding to the standard agreement of management of public medical and sanitary organization approved by the Government signed with the founder for five-year term. After five-year term the position of the head of public medical and sanitary organization becomes vacant. Person which is at the same time performing activities as a part of the private supplier of medical or pharmaceutical services cannot hold position of the head of public medical and sanitary organization.

(3) Physical persons and legal entities have the right to establish private suppliers of medical services and bear responsibility according to the current legislation for their financial and material logistics, for the organization and quality of the provided medical care.

(4) Private suppliers of medical and pharmaceutical services, except for stipulated in Article 36-5, perform the activities in the rooms belonging to them on the right of private property or in other rooms taken in property employment, including public medical and sanitary organizations about public and private partnership.

(5) the List of suppliers of medical services, irrespective of type of property and form of business, and also the list of the services provided by them, and regulations on them, except for the organizations belonging to law enforcement and military agencies affirm the Ministry of Health.

(6) the Parliament by adoption of legal acts will reorganize national health care system, area of medicines and pharmaceutical activities.

(7) the Founder approves organizational structure and the staff list of the supplier of medical services.

(8) the Suppliers of medical services determined as service providers according to the Law on cyber security No. 48/2023, bear responsibility for fulfillment of duties on ensuring cyber security, provided by the Law on cyber security No. 48/2023.

(9) the State supervision and control of observance by suppliers of medical services of the obligations specified in part (8) this Article, are performed by competent authority at the national level in the field of cyber security according to the Law on cyber security No. 48/2023.

Article 5. Jurisdiction of healthcare institutions

(1) Public medical educational institutions, research establishments in the field of health protection, republican, regional public medical and sanitary institutions and public medical and sanitary organizations district hospitals, except the created by Executive committee of Gagauzia, and also other budget bodies / budgetary institutions in the field of health protection are under authority of the Ministry of Health which performs functions of their founder on behalf of the state. Other healthcare institutions submit to the Ministry of Health and bodies of local public authority.

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