PUBLICA HEALTH Law 26,742 Amend Act No. 26.529 establishing patient rights in relation to health professionals and institutions. Sanctioned: May 9, 2012 Cast: May 24, 2012 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 — Amend article 2 (e) of Law 26.529 — Patients ' rights in their relationship with health professionals and institutions — to read as follows:
(e)
Autonomy of the Will. The patient has the right to accept or reject certain medical or biological therapies or procedures, with or without the expression of cause, as well as to later revoke his manifestation of will.
Children and adolescents have the right to intervene in the terms of Law 26.061 for the purpose of decision-making on medical or biological therapies or procedures involving their life or health.
In the framework of this authority, the patient who has an irreversible, incurable or terminally ill disease, or has suffered injuries that place him in the same situation, informed in a fehascent manner, has the right to manifest his will in terms of the rejection of surgical procedures, artificial resuscitation or the withdrawal of life support measures when they are extraordinary or disproportionate in relation to the prospect of improvement, or cause suffering of improvement. It may also reject hydration or feeding procedures when they produce as the only effect the prolongation in the time of this irreversible or incurable terminal stage.
In all cases the refusal or rejection of the above-mentioned procedures will not mean the interruption of those measures and actions for the proper control and relief of the patient's suffering.
ARTICLE 2 — Amend Section 5 of Law 26.529 — Patient rights in their relationship with health professionals and institutions — which will be drafted as follows:
Article 5:
Definition. Please, by informed consent, provide the patient's declaration of sufficient will, or by its legal representatives, if any, issued after receiving, by the intervening professional, clear, accurate and appropriate information regarding:
(a) Their state of health;
(b) The proposed procedure, with specification of the objectives pursued;
(c) The expected benefits of the procedure;
(d) The foreseeable risks, discomfort and adverse effects;
(e) The specification of alternative procedures and their risks, benefits and prejudices in relation to the proposed procedure;
(f) The foreseeable consequences of non-compliance with the proposed procedure or the specified alternatives;
(g) The right that assists him in the event of an irreversible, incurable disease, or when he is in the terminal stage, or has suffered injuries that place him in the same situation, in terms of the rejection of surgical procedures, hydration, food, artificial resuscitation or the withdrawal of measures of vital support, when extraordinary or disproportionate in relation to the prospects of improvement, or that cause irreversible prolongation, also,
(h) The right to comprehensive palliative care in the care process of your illness or suffering.
ARTICLE 3o — Amend Section 6 of Law 26.529 — Patient rights in their relationship with health professionals and institutions — which will be drafted as follows:
Article 6: Obligatoriedad. Any professional performance in the medical-sanitary sphere, whether public or private, requires, on a general basis and within the limits set by regulation, the prior informed consent of the patient.
In the case of inability of the patient, or impossibility of providing informed consent because of his physical or mental state, the patient may be given by the persons referred to in article 21 of Law 24.193, with the requirements and with the order of priority there.
Without prejudice to the application of the preceding paragraph, it should be ensured that the patient, as far as possible, participates in decision-making throughout the health process.
ARTICLE 4o — The following paragraph shall be inserted in article 7 of Law 26.529:
(f) In the case provided for in article 5 (g), the information should be recorded in writing in a record to be signed by all those involved in the act.
ARTICLE 5o — Amend Section 10 of Law 26.529 — Patient rights in their relationship with health professionals and institutions — which will read as follows:
Article 10:
Revocability. The decision of the patient, in terms of consenting or rejecting the treatments indicated, may be revoked. The acting professional must comply with such a decision, and make this manifest in the clinical history, adopting for the case all the formalities that are necessary for the purpose of accrediting such a manifestation of will, and that it was adopted in the knowledge of the foreseeable risks that the decision implies.
Persons referred to in article 21 of Law 24.193 may revoke their previous decision with the requirements and in the priority order therein.
Without prejudice to the application of the preceding paragraph, it should be ensured that the patient, to the extent of his or her possibilities, participates in decision-making throughout the health process.
ARTICLE 6o — Amend Section 11 of Law 26.529 — Patient rights in their relationship with health professionals and institutions — which will read as follows:
Article 11:
Advance directives. An older person may have advance directives on his or her health, and may consent to or reject certain medical, preventive or palliative treatments, and health decisions. The directives should be accepted by the doctor in charge, except for those that involve developing euthanical practices, which will be non-existent.
The declaration of will shall be made in writing before the public scribe or trial of first instance, for which the presence of two (2) witnesses shall be required. Such a declaration may be revoked at all times by the person who stated it.
ARTICLE 7o — Incorporate as article 11 bis of Law 26.529 — Patient rights in their relationship with health professionals and institutions — the following text:
Article 11 bis: No intervening professional who has acted in accordance with the provisions of this law is subject to civil, criminal, or administrative liability arising from the performance of the Act.
ARTICLE 8o — Contact the National Executive.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE NEW DAYS OF THE MAY Month OF THE YEAR DOS MIL DOCE.
# 26,742 #
LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.
