Amending The Law N ° 26.529, Which Established The Rights Of The Patient In Relation To Practitioners And Health Institutions.

Original Language Title: Modifícase la Ley N° 26.529 que estableció los derechos del paciente en su relación con los profesionales e instituciones de la Salud.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10199861/20160703

HEALTH public health publishes Law 26.742 amending the law N ° 26.529, which established the rights of the patient in relation to practitioners and health institutions. Passed: May 9 2012 fact promulgated: 24 may 2012 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. ((sanctioned with force of law: article 1º - amending paragraph e) of article 2 of the Act 26.529 - rights of the patient in relation to practitioners and institutions of health - which will be drafted in the following way: e) autonomy of the will. The patient has the right to accept or reject certain therapies or medical or biological, procedures with or without expression of cause, as well as to subsequently revoke his manifestation of the will. Children and adolescents have the right to intervene in the terms of the 26,061 law for the purposes of decision making about therapies or medical or biological procedures involving his life or health. In the frame of this authority, the patient that present a disease irreversible, incurable or is find in Stadium terminal, or has suffered injury that it placed in equal situation, informed in form irrefutable, has the right to manifest its will with regard to the rejection of procedures surgical, of resuscitation artificial or to the removal of measures of support vital when are extraordinary or disproportionate in relation to the perspective of improvement , or produce a disproportionate suffering. You can also refuse hydration / feeding procedures when they occur as only effect extension at the time of this terminal stage irreversible or incurable. In all cases the refusal or rejection of the procedures referred to will not mean the interruption of those measures and actions for the appropriate control and alleviation of the suffering of the patient.
Article 2º - amending article 5 of the Law 26.529 - rights of the patient in relation to practitioners and institutions of health - which will be drafted in the following way: article 5: definition. Understood by informed consent Declaration of sufficient will carried out by the patient, or their legal representatives, if any, issued upon receipt, by the professional speaker, clear, accurate and adequate information with respect to: to) their State of health; (b) the proposed procedure, with specification of the objectives pursued;
https://www.boletinoficial.gob.ar/pdf/linkQR/TXlJd25YL1FaeHBycmZ0RFhoUThyQT09 c) the expected benefits of the procedure; (d) the risks, discomfort and predictable adverse effects; (e) the specification of the procedures alternative and its risks, benefits and damages in connection with the procedure proposed; (f) the foreseeable consequences of the non-realization of the proposed procedure or specified alternative; (g) the right that assists you in case of suffering from an irreversible, incurable, disease or when is end-stage, or has suffered injuries that put him in a similar situation, in terms of the rejection of surgical procedures, hydration, food, artificial resuscitation or to the withdrawal of life-sustaining measures, when they are extraordinary or disproportionate in relation to the prospects for improvement , or that produce suffering excessive, also of the right of reject procedures of hydration and feeding when them same produce as only effect the extension in the time of that stadium terminal irreversible and incurable; (h) the right to receive comprehensive palliative care in the care of their disease or illness process.
Article 3 °-modify is the article 6 ° of the Law 26.529-rights of the patient in its relationship with them professional and institutions of the health-which will be drafted of the following way: article 6 °: mandatory. All performance in the medical field, either public or private, requires, in General and within the limits established by regulatory means, the prior informed consent of the patient. In the case of incapacity of the patient, or inability to provide the consent because of his physical or mental state, it may be given by the persons mentioned in article 21 of the law 24.193, requirements and with the established order of priority there. Without prejudice to the application of the preceding paragraph, it shall ensure that the patient in the best of their abilities, participate in decision-making throughout the healthcare process.
Article 4º - incorporated into article 7 ° of the Law 26.529 the following subsection: f) in the case provided for in subsection g) item 5 ° must be point information written in an act that must be signed by all those participating in the event.
Article 5º - amending article 10 of law 26.529 - rights of the patient in relation to practitioners and institutions of health - which will be drafted in the following way: article 10: revocability. The decision of the patient, as to allow or reject them treatments indicated, can be revoked. He professional acting must abide by such decision, and leave express constancy of this in it history clinical, adopting for the case all them formalities that are expedient to them late of accredit convincingly such manifestation of will, and that the same was adopted in knowledge of them risks predictable that the decision implies. The people mentioned in the article 21 of the law 24.193 may revoke its earlier decision with them requirements and in the order of priority there established. Without prejudice to the application of the preceding paragraph, it shall ensure that the patient, in the best of their abilities, participate in decision-making throughout the healthcare process.
Article 6º - amending article 11 of the Law 26.529 - rights of the patient in relation to https://www.boletinoficial.gob.ar/pdf/linkQR/TXlJd25YL1FaeHBycmZ0RFhoUThyQT09 professionals and institutions of health - which will be drafted in the following way: article 11: advance directives. Any capable person of age can have advance health directives, and allow or reject certain medical, preventive or palliative treatment, and decisions concerning their health. The directives must be accepted by the doctor in charge, except those that involve develop eutanasicas practices, which will be taken as non-existent. The Declaration of will must be formalized in writing before a notary public or courts of first instance, which will require the presence of two (2) witnesses. Such a declaration may be revoked at all times by who said it.
Article 7º - merge as article 11 bis of the Law 26.529 - rights of the patient in his relationship with professionals and institutions in the health - the following text: article 11 bis: any intervening professional who has acted in accordance with the provisions of this law is subject to civil, criminal or administrative liability arising from the fulfillment of the same.
Article 8º - communicate to the Executive branch. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE NINE DAYS OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND TWELVE. -REGISTERED UNDER NO. 26.742 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.

Date of publication: 24/05/2012 https://www.boletinoficial.gob.ar/pdf/linkQR/TXlJd25YL1FaeHBycmZ0RFhoUThyQT09