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.

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PUBLIC HEALTH

Law 26,742

Amend Law No. 26,529, which established the rights of the patient in relation to health professionals and institutions. Sanctioned: May 9, 2012 Enacted in Fact: May 24, 2012

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

Article 1-Amend point (e) of article 2 ° of Law 26,529-Rights of the patient in relation to health professionals and institutions-the one that will be drafted 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 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 Law 26.061 for the purposes of decision making on medical or biological therapies or procedures that involve their life or health. In the context of this authority, the patient who presents an irreversible, incurable or terminal stage disease, or has suffered injuries that place him in the same situation, informed in a feisty manner, has the right to express his or her Willingness to reject surgical procedures, artificial resuscitation, or withdrawal of life support measures when they are extraordinary or disproportionate to the prospect of improvement, or cause suffering Excessive. It may also refuse hydration or feeding procedures when the same produces as the sole effect the prolongation in the time of that irreversible or incurable terminal stage. In all cases the refusal or rejection of the above procedures will not mean the interruption of those measures and actions for the proper control and relief of the suffering of the patient.

Article 2-Amend article 5 of Law 26,529-Rights of the patient in relation to health professionals and institutions-the one that will be worded as follows:

Article 5: Definition. Understand by informed consent the declaration of sufficient will made by the patient, or by his legal representatives, if any, issued after receiving, by the intervener, clear, precise and (a) the state of health; (b) the proposed procedure, specifying the objectives pursued;

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(c) the expected benefits of the procedure; (d) the risks, inconvenience and foreseeable adverse effects; (e) the specification of alternative procedures and their risks, benefits and harms in relation to the proposed procedure; foreseeable consequences of failure to perform the proposed procedure or of the specified alternatives; (g) the right to assist in the event of an irreversible, incurable disease, or when it is in the terminal stage; or suffered injuries that put it in the same situation, in terms of rejection of procedures surgical, hydration, feeding, artificial resuscitation or the withdrawal of life support measures, when they are extraordinary or disproportionate in relation to the prospects of improvement, or that produce excessive suffering, also the right to refuse hydration and feeding procedures when they produce as the only effect the prolongation in the time of that irreversible and incurable terminal stage; (h) the right to receive comprehensive palliative care in the the process of attention to your illness or condition.

Article 3-Amend article 6 of Law 26,529-Rights of the patient in relation to health professionals and institutions-the one that will be worded as follows:

Article 6: Obligatory. Any professional action in the medical-health field, whether public or private, requires, in general and within the limits to be fixed by regulatory means, the prior informed consent of the patient. In the case of incapacity of the patient, or impossibility of providing informed consent because of his physical or mental state, he himself may be given by the persons mentioned in article 21 of Law 24.193, with the requirements and with the order of precedence there established. Without prejudice to the application of the preceding paragraph, it must be ensured that the patient is, to the extent possible, involved in decision-making throughout the health process.

Article 4-Incorporate in Article 7 of Law 26,529, the following point: (f) In the case provided for in point (g) of Article 5 °, the information in writing must be recorded in a record to be signed by all the In the event.

ARTICLE 5-Amend article 10 of Law 26,529-Rights of the patient in relation to health professionals and institutions-that will be worded as follows:

Article 10: Revocability. The patient's decision, in terms of consenting or rejecting the treatments indicated, may be revoked. The acting professional must abide by such a decision, and express his record in the medical history, by adopting for the case all the formalities which are necessary for the purpose of proving such a manifestation of will, and that the same was adopted in knowledge of the foreseeable risks that the decision implies. The persons referred to in Article 21 of Law 24.193 may revoke their previous decision with the requirements and in the order of precedence established therein. Without prejudice to the application of the preceding paragraph, it must be ensured that the patient, to the extent possible, participates in decision-making throughout the health process.

Article 6-Amend Article 11 of Law 26,529-Rights of the patient in relation to

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health professionals and institutions-the one to be drawn up as follows:

Article 11: Advance directives. Any older person may have advance directives on their health, being able to consent to or reject certain medical, preventive or palliative treatments, and decisions regarding their health. The directives must be accepted by the doctor in charge, except those involving the development of the practice of the non-existent. The declaration of will must be formalized in writing before the public or courts of first instance, for which it will require the presence of two (2) witnesses. Such a declaration may be revoked at any time by the person who made the statement.

Article 7-Incorporate as Article 11a of Law 26,529-Rights of the patient in relation to health professionals and institutions-the following text:

Article 11a: Any intervener who has worked in accordance with the provisions of this law is liable to civil, criminal, or administrative liability arising from the enforcement of this law.

ARTICLE 8-Contact the National Executive Branch. GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON 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. -Juan H. Estrada.

Date of publication: 24/05/2012

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