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ORDER OF THE MINISTRY OF HEALTH OF THE REPUBLIC OF MOLDOVA

of September 10, 2014 No. 902

About approval of the Regulations on procedure for communication between medical and sanitary organizations, organizations of public health and organizations of mass media and provisions of information concerning children

Based on Item 9 of the Regulations on the organization and functioning of the Ministry of Health, structure and the extreme number of staff of its central office approved by the Order of the Government No. 397 of May 31, 2011, PRIKAZYVAYU:

1. Approve Regulations on procedure for communication between medical and sanitary organizations, organizations of public health and organizations of mass media and provisions of information concerning children.

2. To impose control of execution of this provision on service of informing and communication (Mrs. V. Istrati) and legal management (Mr. I. Chiokine).

3. Publish this order in the Official monitor of the Republic of Moldova and place on the web page of the Ministry of Health.

Minister of Health

Andrey Usaty

Approved by the Order of the Ministry of Health of the Republic of Moldova of September 10, 2014 No. 902

Regulations on procedure for communication between medical and sanitary organizations, organizations of public health and organizations of mass media and provisions of information concerning children

Section I. General provisions

1. This Provision is developed according to provisions of the Law of rights of the child No. 338-XIII of December 15, 1994, the Law on health protection No. 411-XIII of March 28, 1995, the Law on mental health services No. 1402-XIII of December 16, 1997, the Law on information access No. 982-XIV of May 11, 2000, the Law of rights and responsibility of the patient No. 263-XVI of October 27, 2005, the Law on prevention of HIV / SPID-infektsii No. 23-XVI of February 16, 2007, the Law on the state supervision of public health No. 10-XVI of February 3, 2009, the Marine life protection act of personal data No. 133 of July 8, 2011, the Law on special protection of children which is in risk situations, and the children separated from parents, No. 140 of June 14, 2013, the Marine life protection act of children from negative impact of information No. 30 of March 7, 2013 The orders of the Government about approval of Safety requirements of personal data in case of their processing in information systems of personal data No. 1123 of December 14, 2010, with subsequent changes and amendments.

2. In this Provision the following concepts and terms are applied:

The highest interest of the child – providing satisfactory conditions for growth and harmonious development of the child taking into account specific features of his personality and specific provision in which it is.

Medical and sanitary organization – public medical and sanitary organization of republican, municipal or district level, private medical and sanitary institution, the state or municipal company, other legal entities of public or private law which object of activity is provision to the population of medical services, in particular, of hospital medical services and emergency medical service.

Organization of public health – the public organization subordinated to the Ministry of Health exercising the state supervision of public health. Such organizations are the National center of public health, the advanced centers of public health and the territorial centers of public health.

Massyomedia – set of the mass media (radio, television, newspapers, magazines, news agencies, information web portals, etc.) authorized according to the law.

The representative of massyomedi – the authorized person, the representative of certain organization of massyomedi who is on duty.

Situations of negative nature:

1) incidents;

2) crimes;

3) sexual abuse;

4) physical or mental abuse;

5) suicide or attempts of suicide;

6) use of drugs;

7) abuse of alcohol;

8) infection with HIV infection or disease of AIDS;

9) mental disturbances;

10) oncological diseases, tuberculosis, venereal diseases;

11) other cases and situations capable to exert negative impact on physical or mental health, and also on welfare of children.

3. This Provision is accepted for the purpose of improvement of communication between medical and sanitary organizations, organizations of public health and massyomedi, recognition of the right of journalists to request and obtain information for reliable and impartial distribution in society. The provision is based on the principle of transparency of public organizations and designed to provide:

1) access to public information;

2) respect for the highest interest of the child;

3) reliable informing the public on the cases and situations of negative nature concerning the children who are in medical and sanitary organizations;

4) minimization of negative impact of information on children;

5) protection of children from stigmatization and discrimination.

4. The provision belongs to cases and situations in which:

1) representatives of mass media request permissions of medical and managerial personnel of medical and sanitary organizations and organizations of public health to video filming, audio recording or photography of the children who are the victims of various forms of abuses and violence; the children infected with HIV infection or patients with AIDS; the children who are in the conflict with the law; the children who made suicide attempt; children, at consuming drugs; the children suffering from mental disturbances; children sick with oncological diseases, tuberculosis, venereal diseases; the children who are the victims of incidents, other cases and situations of negative nature;

2) representatives of mass media request orally or in writing (by means of official request) information or statements concerning the children who are on treatment in medical and sanitary organizations;

3) journalists request statistical data or analytical materials on the questions concerning children.

5. This Provision is addressed to medical and managerial personnel of medical and sanitary organizations irrespective of organizational form and type of property, and also organizations of public health, and determines procedure for communication with representatives of mass media in the cases concerning children.

6. The identity of the child needs to be protected without fail in all situations of negative nature specified in Item 5, especially in situations when:

1) children are the victims of physical abuse or sexual exploitation;

2) children are the victims of human trafficking;

3) children made suicide attempt;

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