Patient Rights Law no. 46 of 21.01.2003 on patient rights, Official Gazette no. 51 of 29.01.2003
Romanian Parliament adopts this law.
CHAPTER I - General Provisions
Article 1. In this law:
a) by patient i tis understood a healthy or sick person who uses health services;
b) by discrimination is understood the distinction which is made between persons in similar situations based on race, sex, age, ethnicity, national or social origin, religion, political options and personal antipathy;
c) health care is understood as the medical services, community services and related services of the medical;
d) medical intervention is any examination, treatment or other medical act to end preventive diagnosis, treatment or rehabilitation;
e) by terminal care and care given means to treat a patient with the means of treatment available when it is no longer possible to improve the fatal prognosis of the disease state, and care provided near death.
Article 2.
Patients have the right to the highest quality care which the society possesses in accordance with human financial and materials resources.
Article 3.
The patient has the right to be respected as a human person, without any discrimination.
CHAPTER II - the patients right to medical information
Article 4. The patient has the right to be informed concerning the medical services available and how to use them.
Article 5.
(1) The patient has the right to be informed concerning the identity and professional status of health service providers.
(2) hospitalized patient have the right to be informed concerning the rules and habits that have to comply during hospitalization.
Article 6.
The patient has the right to be informed about his condition, the proposed medical intervention, potential risks of each procedure, the alternatives to the proposed procedures, including the non-effectuated treatment and non-compliance with medical recommendations, and data on diagnosis and prognosis.
Article 7.
The patient has the right to decide if he wants to be informed by the physician if the submitted information would cause him suffering.
Article 8.
Patient information is made known in a respectful language, clearly, to minimize the specific terminology,and if the patient does not speak Romanian, information is made known in their mother tongue or in the language they know or, as the case , will seek another form of communication.
Article 9.
The patient has the right to request expressly not to be informed and to choose another person to be informed in his place.
Article 10.
Relatives and friends may be informed about the evolution of patient investigation, diagnosis and treatment, with patient consent.
Article 11.
The patient has the right to request and to get another medical opinion.
Article 12.
The patient has the right to request and receive, at discharge, a written summary of the investigation, diagnosis, treatment and care provided during hospitalization. CHAPTER III - Patient Consent for medical intervention
Article 13.
The patient has the right to refuse or stop medical intervention assuming in writing responsibility for its decision, the consequences of refusal or the stopping of the medical acts must be explained to the patient.
Article 14.
When the patient can not express their will, but an emergency medical intervention is needes,the medical staff is entitled to deduct from a previous expression of his own will.
Article 15.
If the patient requires emergency medical intervention, the consent of legal representative is not required.
Article 16.
If required the consent of legal representative, the patient must be involved in decision making as far as permitted capacity of understanding.
Article 17.
(1) If health care providers believe that the intervention is in the interest of the patient and his legal representative refuses to give consent, the decision is the decline of a specialized arbitration panel.
(2) The arbitration board consists of 3 doctors for patients admitted in hospitals and 2 doctors for ambulatory admitted patients.
Article 18.
Patient consent is required for harvesting, storage, use all organic products taken from the body or, in order for diagnosis or treatment with which he agrees.
Article 19.
Patient consent is required for the participation in clinical medical education and scientific research. People who are not able to express their will can not be used for scientific research, except by obtaining the consent from the legal representative and if research is done in the interest of the patient.
Article 20.
The patient can not be photographed or filmed in a medical unit without his consent, unless the images are necessary for diagnosis or treatment and to avoid suspicion of a medical fault. CHAPTER IV - The right to information confidentiality and privacy of patient .
Article 21.
All information on patient condition, results of investigations, diagnosis, prognosis, treatment, personal data are confidential even after death.
Article 22.
Confidential information can be provided only if the patient explicitly gives its consent or if expressly required by law.
Article 23
If information is needed for other accredited health care providers, involved in patient treatment, giving consent is not required.
Article 24.
The patient has access to personal medical data.
Article 25.
(1) Any interference in the private and family life of the patient is prohibited,with the exception where this interference positive influence diagnosis, treatment or care given and only with patient consent.
(2) Are considered exceptions the cases when a patient is dangerous to himself or to public health. CHAPTER V - Patient Rights in the field of reproduction Article 26. Women's right to life prevails if pregnancy is a major and immediately risk factor for mother's life .
Article 27.
The patient has the right to information, education and services necessary for development of a normal sexual life and reproductive health, without any discrimination.
Article 28.
(1) Women's right to decide whether or not to have children is guaranteed, except as provided in Art. 26.
(2) The patients, through health services, have the right to choose the safest method of reproductive health.
(3) Every patient has the right to effective family planning methods and risk free. CHAPTER VI - Patient rights and medical care
Article 29.
(1) In case the suppliers are obliged to resort to selecting patients for certain types of treatment available in a limited number, selection is based solely on medical criteria.
(2) Medical criteria for selecting patients for certain types of treatment are elaborated by the Ministry of Health within 30 days from the effective date of this Law and shall be make public.
Article 30.
(1) Medical interventions to the patient will be made only if the conditions of necessary equipment and personnel accredited are fulfilled.
(2) The emergencies occurring in extreme situations are an exeption from the provisions of par. (1) .
Article 31.
The patient has the right to terminal care and to die in dignity.
Article 32. T
he patient may benefit from family support, friends, spiritual support, material and advice throughout healthcare. At the request of the patient, if possible, the environment of care and treatment will be created as close to the family.
Article 33.
Hospitalized patient is entitled to services and care provided by an accredited physician outside the hospital.
Article 34.
(1) Medical or non-medical staff in health units is not entitled to submit the patient to any form of pressure to cause them to reward him by other means than the provided regulations within the unit.
(2) The patient may provide employees or Unit where he was cared, additional payments or donations, in compliance with the law.
Article 35.
(1) The patient is entitled to continued medical care until the improvement of health or cure.
(2) Continuity of care is ensured by the collaboration and partnership between various public health units and non-public, hospital and ambulatory, specialty or general medicine provided by doctors or other qualified personnel. After discharge , patients are entitled to available community services.
Article 36.
The patient has the right to receive urgent medical assistance for emergency dental care and pharmaceutical services, on-going.
CHAPTER VII - Sanctions
Article 37.
Non-respecting by the medical staff of the patient confidentiality and privacy of the medical, and other rights of the patient stipulated in this Law shall have appropriate disciplinary responsibility consequences or criminal offense as required by law.
CHAPTER VIII - Final and transitory provisions
Article 38.
(1) Health authorities give to publicity , annual reports on compliance with patient rights and comparing situations in different regions of the country as the existent situation with an optimal one.
(2) Health care providers are obliged to display prominently their standards in accordance with law enforcement.
(3) Within 90 days after the effective date of this Law, the Ministry of Health and Family elaborates rules for its application, to be published in the Official Gazette of Romania, Part I.
Article 39.
Law comes into force 30 days after its publication in the Official Gazette of Romania, Part I.
Article 40.
The effective date of this law is repealed Art. 78, 108 and 124 of Law 3 / 1978 on the health, published in the Official Gazette, Part I, no. 54 of July 10, 1978, and any other provisions contrary. Source MS Society of Great Britain and Northern Ireland, Burnett Pub., London, 1998 http://www.telecomed.ro/scleroza.html-sursa Atlas-Multiple Sclerosis Resources in the World-2008, World Health Organization, WH
