The Law On Private Health Care

Original Language Title: Laki yksityisestä terveydenhuollosta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1990/19900152

In accordance with the decision of Parliament: Chapter 1 General provisions article 1 (20 November 2009/928), the scope of this law for the right to provide for the population in private health care services.
In addition to the provisions of this law, the Act on health professionals (559/1994), or else provided for the adoption of health-care services.

2 section (20 November 2009/928) Definitions in this law means a health care services: 1) to the laboratory;
2 the activities and other comparable), radiographic imaging and research methods;
3) other health condition or illness, or to determine the treatment and to establish measures to be taken;
4) fysioterapeuttista activity and other performance-enhancing and sustaining measures and therapies;
5) health care;
6) medical and dental facilities, and other health-and medical care, as well as those treated in the facilities;
7) massages; as well as 8) sairaankuljetuspalveluja.
The producer of services means the individual person or the company, cooperative, Association, or other entity or Foundation, which maintains the healthcare facilities generating unit, as well as any type of a self-employed sairaankuljetuspalveluja. Provider is not considered any other self-employed or employers, which will organize in occupational health care Act (1383/2001) referred to occupational health care services.
' Self-employed person ' means any kind of health care professionals who act as referred to in paragraph 1 of article 2 of the health care professional a person who independently carries out his profession.

2. (a) section (22 December 2009/1549) comply with this Act, the licensing authority licensing authorities are regional State administrative agencies and social and health care sector for the authorisation and supervision of the Agency. The Division of competences between the provided for in the licensing authorities of the Council of State regulation.
Chapter 2, section 3, of the private health-care organisation (20 November 2009/928) conditions for health care facilities must have adequate premises and equipment. Sairaankuljetuspalveluja is to have a proper sairaankuljetusajoneuvo equipment. In addition, the producer must be required by the operation of the services, trained staff.
The operation must be medically appropriate and it should take into account patient safety.

4 section (2 September 2005/689) permission to the producer of the services must be authorized by the licensing authority, the provision of health-care services. The permit shall occur in accordance with article 2 of the service provider, the services sector. In order to ensure the necessary conditions can be attached to the authorisation of patient safety and the amount of the services, personnel, facilities, and equipment, sairaankuljetusajoneuvosta equipment and supplies, as well as practice. (20 Nov 2009/928)
Permission is granted on the basis of a written and signed application services to the producer who meets the requirements laid down in paragraph 3.
A request for a licence shall contain the following information: 1. the business name of the producer services), business and the community name and contact details;
2) health and medical facilities will give operating units and offices, as well as their contact information, as well as the number and status of ambulance vehicles within the station locations; (20 Nov 2009/928) 3) on the basis of the authorisation, the service sector and the type of the content of the health-care services to be provided, as well as the scale of their planned in each of the business entity and the Office of destination;
4) Director name, personal identification number, education and profession, as well as your address and other contact information;
the name of the Ombudsman of 5), education and occupation, telephone number, and other contact information;
6 the number of personnel and training);
7) signing up for a prepayment (1118/1996), as referred to in työnantajarekisteriin;
8 place a statement of the conservation of the documents) the patient the patient registry ledger of the fundamental principles and the person responsible for the records of the registry;
the data used in the 9) as appropriate, as well as the quality of the services, equipment and supplies, security and other information necessary to assess the appropriateness of the.
In addition, the application for a permit shall be accompanied by the Managing Director of the applicant or the person in charge of the rest of the business name and contact information.
The Ministry of Social Affairs and health, the provisions of the regulation on the content of the application for authorisation may be given to the more specific and the formula, as well as the.
The authorisation for the production of sairaankuljetusta sairaankuljetuspalvelujen profession throughout the country, with the exception of the Åland Islands. The production of Sairaankuljetuspalvelujen in the authorization shall lay down the number of the production status of ambulance vehicles within the services and their status or position. (20 Nov 2009/928), Executive Vice President of services, article 5 of the producer, must be approved by the licensing authority in the health care services. (May 29, 2009/377)
Senior Vice President, will be adopted on application having been made in a service provider a person who meets the requirements provided for in this regulation the Director responsible.

section 6 of the Executive Vice President responsible for the tasks of the Director is responsible for ensuring that health-care facilities in the adoption of this Act, or the action meets the provisions adopted pursuant thereto, the following requirements. A service provider operating in more than one location in order to ensure the quality of the Director shall be responsible for the service provider and the activities of the separate offices of omavalvontasuunnitelma. In the field of Social Affairs and health, the Agency may provide for the authorisation and supervision of the content of the provisions of the omavalvontasuunnitelman. (May 29, 2009/377)
If the Director fails to control its function or is otherwise unable to attend to his duties, the Director responsible, the approval may be withdrawn.

7 section (20 November 2009/928) start-up inspection service provider shall provide the facilities used for the provision of health-care services, and equipment as well as the sairaankuljetusajoneuvo and the equipment in good working order, the Board of health for inspection prior to their adoption.
The Board of the authority shall inspect the health facilities and equipment, as well as sairaankuljetusajoneuvo and its equipment, as well as give the inspection report promptly to their services to the producer.

section 8 (May 29, 2009/377) of a service provider of a service provider will be doing starting the notification Authority written notice of the initiation of the operation before the operation starts. The notification shall be accompanied by an audit report, or, for a special reason and other adequate information as well as the omavalvontasuunnitelma referred to in article 6. The notification shall state by means of a Council regulation.

section 9 (May 29, 2009/377), change and termination if the services change health care facilities, the adoption of substantially or to stop them is to make a written declaration by the licensing authority.
The essence of the change of the notification of the licensing authority may, for a special reason to oblige a service provider to apply for a new permit for the operation.
You can adjust the content of the state change notification by means of a Council regulation. (20 Nov 2009/928), section 9 (a) (22 December 2009/1549) notice of self-employed before self-employed person as referred to in this law, health and medical services, he shall make a written declaration of its activities to the regional Government Office.
The notification shall contain the following information: 1) to the name, personal identification number, telephone number, and other contact information, education, and the name or business name, in which the activity is carried out;
2. health and medical care services to be provided), as well as the place where the service is provided;
3) signing up for advance advance in the register referred to in the law;
4) patient documents retention;
the date of the commencement of the operation of 5)
6) consult your doctor or dentist statement of practical experience.
(08 April 2011/314) In the notification area of the administrative activity will need to make to the agency within 30 days after the adoption of the services will be terminated.
The Ministry of Social Affairs and health, the provisions of the regulation on the content of the notice, to provide more accurate formula, and the conclusion.

10 section (2 September 2005/689) report on the activities of a service provider and an annual report on the activities of the self-employed is the licensing authority. The annual report is to inform the health and medical facilities for the management of operational information, as well as the activities of the staff, premises and changes. (May 29, 2009/377)
The content of the annual report, the formula and the provision provides for a closer look at the Ministry of Social Affairs and health.

section 11 (17.8.1992/785) section 11 is repealed L:lla 17.8.1993/785.

Article 12 obligation of secrecy employed by the service provider, as well as other it tasks will be carried out by, or in the premises of the work shall not, without permission, to express what they are by virtue of their status, duties or as a result of their work have been given to know the State of health, illness or disability of the second, the measures against, or other similar issues. The conditions of employment of, or to keep confidential will remain after the end of the task.
Chapter 3 section 13 of the tasks of the authorities (22 December 2009/1549) in accordance with this law, the control and supervision of the General control and supervision of the private health care belongs to the Ministry of Social Affairs and health.
In this Act, the services referred to in the control and management of the regional office.

In the field of Social Affairs and health for the authorisation and supervision of the Agency under the Ministry of Social Affairs and health controls the regional government agencies in their activities shall be subject to the procedures and the principles, the solution practices private health care guidance and control, as well as the authorisation procedures. In addition, the Agency for the authorisation and supervision of controls and monitors the private health care, especially in the case are: 1) the important principle or sweeping things;
the Management Board of the Agency of several area 2) domain, or the whole of the country;
3) in matters relating to Social Affairs and the Office for the authorisation and supervision in the field of health the current health care professional regarding the control point; as well as 4), which the regional government agency is unable to deal with.
In the field of Social Affairs and health and the Agency for the authorisation and supervision of regional government agencies, and the exact Division of labour under the guidance of the State, as appropriate, and under the supervision of the Council regulation provides.
The supervisory authority in the works of the code de la santé publique (66/1972), paragraph 6 of the multi-member body.

section 14 (22 December 2009/1549) a competent local government agency shall, pursuant to this Act and the regional government agency the tasks provided for in the regional administration, the agency that handles the domain facilities will be provided.
On the basis of this law and its Sairaankuljetuspalveluita area is handled by the Agency in the area of administrative tasks provided for in the Administrative Office, which work in the area of transport, the place of secondment is.

14 (a) of section (22 December 2009/1549) register of providers of private services in the field of Social Affairs and health, authorisation and supervision of medicinal products for the Office and the regional State administrative agencies consider, together with the national information system (private services providers register) for the purposes of this Act and the Declaration referred to in the proceedings as well as the operation of the control and for statistical purposes. The data in the system are in the form of separate lots, the registry of private producers of health-care services, and self-employment, as well as the registry of private producers of social services, as provided for in the Act on private social services (922/2011). Information on the functioning of the system is responsible for Social Affairs and health in the industry for the authorisation and supervision of the Agency. (July 22, 2011/933)
The register of private services providers licensing authorities must take place at the 4, the information referred to in paragraph 3 of the article. In addition to the licensing authorities must take place at the register: 1) the changes;
2) details of this law and its provisions and the provisions adopted in breach of the prohibitions, and penalties to be imposed by the supervisory authority, the information on the results of the inspections carried out by the supervisory authority and, as well as other necessary information; as well as 3) other authorisation and notification procedure and the data necessary for statistical purposes, which do not contain any of the personal data Act (523/1999) the information referred to in article 11.
Regional State administrative agencies into self-employment in the register article 9 (a) the information referred to in paragraph 2. In addition to the licensing authorities must take place at the register: 1) the changes;
the information on the extent of the operation; 2)
3) information on this law, and its provisions and the provisions adopted in breach of the prohibitions, and penalties to be imposed by the supervisory authority, the information on the results of the inspections carried out by the supervisory authority and, as well as other necessary information; as well as 4) other notice of the proceedings and the information necessary for statistical purposes, which do not contain the personal data Act, the information referred to in article 11.
As responsible Registrar is working in the field of Social Affairs and health for the authorisation and supervision of the Agency. Authorisation and supervision of medicinal products for the Office and the regional State administrative agencies are allowed to use in the course of their duties, to the extent required by the registry. The regional government agency is responsible for the information in the register of tallettamistaan and of the legality of the transfer of the data. With regard to the processing of personal data as provided for in this Act, in addition to what is provided for in the personal data Act. The Council of State, the provisions of this regulation is necessary in order to provide more accurate, paragraph 2, on the basis of the information and (3) of the translation which conforms to the registry.
For the self-employed, as well as to article 4 (3) (4), (5) and the data on persons referred to in paragraph 8 is deleted from the registry after five years from the date the registered person has stopped working as a self-employed person, as Executive Vice President, the patient or the person responsible for the records of the registry.

14 (b) of section (May 29, 2009/377) release of information to the register of providers of private services and the public Salassapitosäännösten without prejudice to the provisions relating to the use of the information and other social and health care sector for the authorisation and supervision of the Agency and the regional State administrative agencies will assign the register of providers of private services, in addition to the technical use of the connection to what the rest of the law provides: 1) for the social insurance institution of Finland medical insurance, pension and vammaisetuuksia for the granting of the necessary information from private producers of health-care services, and self-employment, as well as health insurance rates and compensation for the development of the information system of compensation, section 10 of the the action referred to in the reports; for the health and well-being of the institution, as well as 2) for statistics relating to the necessary information in accordance with article 4(2) of the authorised producers of services and the notification provided for in article 9 (a) the proportion of self-employment, as well as of the action referred to in section 10 of the reports.
(22 December 2009/1549) Before the opening of the technical information about the use of the connection in which the applicant authority is situated shall be described by a statement of the fact that the protection of the information is disposed of in a proper manner.
Social Affairs and health, in addition to the authorisation and supervision of medicinal products, the Agency may publish and disclose public register of providers of information through the network of private services, private health services, the originator of the name or trade name, the service sector, as well as all of the activities of the departments and offices, addresses and contact information. Other than self-employment may be public data online also have other business relating to the activity of public information. A self-employed person may, however, prohibit the publication of addresses and contact information.
The rest of the non-public personal information of the public data network shall apply with respect to the Act on the openness of government activities (621/1999), article 16 (3). Service provider and the termination of the activities of the self-employed reported receiving information on them to publish and disclose to the public the information online for up to 12 months from the date of the termination, arrived at the authority.

14 (c) of section (22 December 2009/1549) charges for Authorisation of services for the production and the Declaration referred to in article 9 (a) registration are subject to a charge. In addition to the annual fee may be levied for the services from the producer. The regional Government of the Agency's work for the Ministry of finance, regulation and charges provided for in more detail in the social and health service provided by the Agency to be recovered for the authorisation and supervision of medicinal products for an additional fee by regulation, the Ministry of Social Affairs and health, taking into account the State of payments by the law (150/1992) and the fees. The competent licensing authority may lay down more detailed rules for making payments.
Regional government agencies must be carried out in accordance with paragraph 1 of the annual fees in health care and social services for the authorisation and supervision of the Agency, which will cover the cost of private services providers for the maintenance of the register. In the field of Social Affairs and health, the Agency for the authorisation and supervision of the contribution of the Ministry of finance, the regulation provides for a further credit.

section 15 (21 May 1999/678) the handing over of confidential information, the Act on the openness of government activities (621/1999) without prejudice to the obligation of professional secrecy laid down in this law, information obtained while a task is in the private or laid down in the community, business or professional secret, or financial status, or someone's personal circumstances to release to the public prosecutor and the police authority for the investigation of crimes, or for the rest of the supervisory authority referred to in this Act for the performance of this task.
Chapter 4, section 16 (22 December 2009/1549) the right to information in the field of Social Affairs and health, the Agency and the authorisation and supervision of local government agencies shall have the right, free of charge, to the statutory notwithstanding the provisions on secrecy, and information necessary for the performance of its functions and reports from independent producers and ammatinharjoittajilta services.

section 17 (brought on 29 December 2005/12), the right to social and health care sector for the authorisation and supervision of the Office and the regional government, the Agency may be subject to the service provider and the self-employed, as well as to the activities referred to in this law, the organisation of the activities of the operating units and used in the premises where the inspection is justified. In the field of Social Affairs and health, the Agency may, in addition to the authorisation and supervision of medicinal products for a reasonable cause to impose a regional government agency to do the audit. The inspection may be made without prior notice. (22 December 2009/1549)
The inspector shall be admitted to all the premises of the Office. The inspection must be requested by the Inspector, notwithstanding all the documents, which are necessary for the implementation of the audit. In addition, the auditor is to be given, free of charge, a copy of his notwithstanding the provisions of any of the documents necessary for the implementation of the audit. The Inspector also has the right to take photos during the inspection. The Inspector may be accompanied by advisers to carry out necessary inspection of the experts.

The inspection must be kept.
In particular, with regard to the examination of the issues and the detailed content of the examination procedures before the inspection procedure, the Protocol and its retention time may be required to provide the State Council regulation.

section 18 (22 December 2009/1549) for the provision of information to another authority, the Board of Health will be announcing the shortcomings or ills brought to the relevant regional office.

Article 19 of the assistance for the supervisory authority in the police is obliged to provide the assistance referred to in article 16 and 17 of the control task and the suspension provided for in article 21, and in the implementation of the prohibition of their uses.
Chapter 5 of the Regulations, the application of less coercive measures and sanctions under section 20 (22 December 2009/1549) and the application of less coercive measures if the health care services in the implementation of the risk to patient safety deficiencies are identified or or other grievances, or the action is otherwise contrary to the law, in the field of Social Affairs and health for the authorisation and supervision of, the agency or the local government, the Agency may order the correction of deficiencies or flaws. The order shall specify the period within which the necessary measures must be made. If the patient safety requires it, the action may be imposed, or the activities of an entity or part of it, or the equipment or device sairaankuljetusajoneuvon use may be banned immediately.
In the field of Social Affairs and health for the authorisation and supervision of the agency or may be required by the relevant regional government agency service provider referred to in subparagraph (1) and the self-employed to comply with the provision, subject to a penalty payment, or the risk of that activity is interrupted, or that the operation of the unit or part of it, or the equipment or device sairaankuljetusajoneuvon use is prohibited.
In the field of Social Affairs and health and the Agency for the authorisation and supervision of the management of the Agency's decision to suspend the activities of the regional operating unit, or part of it, sairaankuljetusajoneuvon, or the prohibition of the use of the equipment or device shall comply with the appeal, unless otherwise required by the appellate authority.
The provisions of this section shall not apply to medicine Act (395/1987), the supervision of the activities referred to in the field of security and development. If the Social-and health control agency or regional government agency is the control detected shortcomings or other flaws in the medical care, must be notified to the security and development of the pharmaceutical sector.

Article 21 Article 21 (brought on 29 December 2005/1258) is repealed by L:lla brought on 29 December 2005/12.

section 22 (May 29, 2009/377) the withdrawal of a licensing authority may cancel the adoption of health-care services, revoke the authorisation if the action is grossly violated this law or the provisions adopted pursuant to it.

22 (a) of section (22 December 2009/1549) Note and paying attention If private health care in the context of control or the control of the States, that the producer is in accordance with this law, organizing or executing its responsibilities attributable or left unfilled, and give rise to other measures in the field of Social Affairs and health, authorisation and supervision of medicinal products for the agency or regional government agency can provide services to the producer or the Director of the responsible for the note for the future, or to draw attention to the proper functioning of the Organization and respect for good governance.
In the field of Social Affairs and health, as referred to in article for the authorisation and supervision of the Management Board of the Agency to provide notice of the Office or the area and catch may not be appealed.

Article 22 (b) (12.12.2014/1110), section 22 (b) is repealed by L:lla 12.12.2014/1110.

section 23 (21 May 1999/678) violation of the obligation of professional secrecy for the punishment for the violation of the obligation of professional secrecy laid down in article 12 of the Penal Code, chapter 38, or sentenced under article 2 of the Act is not punishable under the criminal code, subject to chapter 40, section 5 of the Act on provision of a heavier penalty, or elsewhere.

section 24 Other penalty Penalty for providing health-care services privately without permission provided for in the Penal Code, Chapter 44, section 3. (conduct/412)
Which, either intentionally or recklessly 1) in this Act, the approval referred to in the application for, failing to notice or tietojenantovelvollisuuden or 2) in violation of the ban issued by the supervisory authority under this Act or an order, is to be condemned, in the absence of a heavier penalty, as provided for in other parts of the law on private health care to a fine for infringement of the provisions adopted.
(3) repealed by L:lla of conduct/412.
Chapter 6 appeals and enforcement section 25 (22 December 2009/1549) an appeal under this Act of the Management Board of the Agency and the Protocol annexed to the area of Social Affairs and health for the authorisation and supervision of the Agency's decision is being appealed by appealing to the Administrative Court as administrative act (586/1996).
This modification is not allowed to apply for appealing to the article 9 of the decision referred to in paragraph 2.

Article 26 (20 November 2009/928) withdrawal of the approval of the Director, responsible for the operation of the implementation of the suspension and withdrawal, as well as of the activities of an entity or part of it, sairaankuljetusajoneuvon, as well as a ban on the use of the device or equipment can be used to get a decision on the appeal as soon as, if it is necessary for patient safety.
When the appeal is lodged, the appeal authority may prohibit the enforcement of a decision or order it to be suspended.
date of entry into force of the law, and Chapter 7 of the full entry into force of the provisions of article 27 of this law shall enter into force on 1 January 1991.
This Act repeals the private medical and research institutions of the law of 24 July 1964 (426/64), as amended subsequently.

Article 28 transitional provisions for application of the first paragraph of article 2 referred to in subsection of a service provider at the time of entry into force of this law, which is engaged in private medical care and research institutions by the Act or pursuant to the law on lääkitysvoimistelijan and masseuses in the activities referred to in this law, will make a statement on the continuation of the activities of the Government of the province concerned within one year of the entry into force of this law.
Upon notification, the provincial government may require a service provider to apply for authorisation as referred to in this Act or the adoption of the Director responsible for the provincial government to set a deadline. Consent or approval of the decision shall be taken within a period of six months after the notification is received at the County Government.
If the notification is not the continuation of the activities referred to in paragraph 1 within the deadline, the County Government will revoke the authorisation granted for the activity.

the provisions of article 29 of the detailed rules for the implementation of this law will be given more detailed regulation.
Before the entry into force of this law may be to take the measures needed to implement it. THEY 46/89, tvk. Mrs. 15/89, svk. Mrs. the change of the date of entry into force of the acts 243/89 and application: 17.1.1991/79: this law shall enter into force on 1 March 1991.
THEY are 233/90, sosvk. bet. 44/90, svk. Mrs. 227/90 17.8.1992/785:185/91, Shub 15/92 27.11.1992/1095: this law shall enter into force on 1 December 1992.
The Government's Social Affairs and health on the date of entry into force of this Act pursuant to the provisions of regulations in force and the instructions will continue to be in force until the Ministry of Social Affairs and health set aside for them. THEY 264/92, of 28 June 1994/563/92 Shub 38: this law shall enter into force on 1 July 1994.
THEY 33/94, 21.4.1995 Shub 13/94/638: this law shall enter into force on 1 September 1995.
THEY'RE 94/93, SuVM LaVM 22/94, 10/94 of 21 May 1999/678: this law shall enter into force on 1 December 1999.
THEY'RE 30/1998 31/1998, EV, HaVM 303/1998 of conduct/412: this law shall enter into force on 1 September 2002.
THEY LaVM 5/17/2001, 2002 35/2002 on 2 September 2005, EV/689: this law shall enter into force on 1 January 2006.
Before the entry into force of the law can be used to take the measures needed to implement the law.
The county can deposit new providers seeking information relating to the authorization of private service providers in the register prior to the entry into force of this law.
The county governments shall, upon the entry into force of this law, existing service providers referred to in section 4 of the data in the register of private services providers within 12 months of the entry into force of this law.
Health care the right to the entry into force of this law, the Security Center will move existing at the time of the registry information for the independent exercise of the profession of health care professionals in the central register in the register of private service providers within 12 months of the entry into force of this law.
THEY 34/2005, Shub 6/2005, EV 52/2005 on 2 September 2005/725: this law shall enter into force on 1 October 2005.
On appeal before the entry into force of this law shall apply to the administrative authority on the date of entry into force of this law, the provisions in force.
THEY'RE 112/2004, 5/2005, HaVM 13/2005, EV 91/2005 brought on 29 December 2005/12: this law shall enter into force on 1 September 2006.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY 154/2005, Shub 19/2005, EV 129/2005 29 May 2009/377: this law shall enter into force on 1 September 2009.

Before the date of the entry into force of this law, upon the entry into force of the law have come to authorization in accordance with the provisions in force. Before the County issued permits for the entry into force of this law shall continue to apply to läänikohtaisina. Several of the County, however, the area can apply for a permit with the permission of the authority of the separate läänikohtaisten the replacement of single authorisations. If the conditions provided for in this law to replace the one with the permission of the läänikohtaisten permits are in place, it is the authorising authority shall issue a new licence to replace the existing separate permits.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY 10/2009, Shub 6/2009 2009-16 October 2009, 23, EV/786: this law shall enter into force on 1 November 2009.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY'RE 166/2009 28/2009, Shub, EV 122/2009 20 November 2009/928: this law shall enter into force on 3 December 2009.
Before the date of the entry into force of the law to come to the permit applications are processed in accordance with the provisions in force at the time of entry into force of the law.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY are 191/2009, Shub 36/2009, 22 December 2009/151/2009 EV 1549: this law shall enter into force on 1 January 2010.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY 161/2009, HaVM 18/2009, EV 205/2009/314-8 April 2011: this law shall enter into force on 1 May 2011.
THEY 326/2010, Shub 54/2010 2010-July 22, 2011, EV 319/933: this law shall enter into force on 1 October 2011.
THEY 302/2010, Shub 56/2010 EV/2010 12.12.2014/1110: this law shall enter into force on 1 January 2015.
THEY are 185/2014, Shub 15/2014, EV 154/2014