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The Law On The Status And Rights Of The Patient

Original Language Title: Laki potilaan asemasta ja oikeuksista

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Law on patient status and rights

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1
Scope

The status and rights of the patient in the organisation of health and medical treatment shall be governed by this law, unless otherwise provided for by law.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Patient The person who uses or is the subject of health and medical services;

(2) Health and medical care Measures to determine the state of health of the patient or to restore or maintain his or her health, carried out by healthcare professionals or carried out in the health care unit;

(3) Healthcare professional On health care professionals (559/94) The person referred to; (28.6.1994/560)

(4) Health care unit Public health law (186/1972) , and other municipal intervention units which carry out tasks under the Public Health Act, in specialised care (18/02/1989) , as well as the rest of the medical treatment unit, as well as the rest of the treatment which is decided upon by the consortium of nurses, in the law on private health care (152/1990) Of the health service provided for in the Act on the operation and financing of the occupational health establishment, (159/1978) Of the European Parliament and of the Council on health and medical care services, (12921987) , in accordance with the law on the organisation of health care in the armed forces, (32/1987) And the Criminal Sanctions Agency, (19/03/2009) And the health service referred to; and (17,061/741)

(5) Patient documentation Documents or technical recordings for the organisation and implementation of the patient's treatment, or technical records containing personal data relating to his or her health or other personal data.

§ 2a. (21.8.2009, P.
National Social and Health Ethics Advisory Board

In the context of the Ministry of Social Affairs and Health, the National Advisory Board for Social Affairs and Health is active. The Council of State is setting the Advisory Board for four years. The mandate of the Advisory Board is to address and make recommendations on ethical issues related to the social and health sector and the situation of the patient and the client.

The composition and functions of the Advisory Board are laid down in greater detail by the Government Decree.

CHAPTER 2

Patient's rights

ARTICLE 3
Right to good health and medical treatment and treatment

Every person permanently resident in Finland shall have the right, without discrimination, to health and medical care required by his health, within the limits of the resources available to health care. The right to care of persons temporarily resident in Finland is in force, as is expressly provided for or mutually agreed between states. In addition, the obligation of the municipality and the State to provide healthcare services is in force, as is the case in the Public Health Act, the Special Medical Act, the Health Act. (1326/2010) , in infectious diseases (183/1986) , mental health law (1116/1990) , the Law on the Criminal Sanctions Agency and the Law on the organisation of health care in the armed forces. (30.12.2010/1335)

The patient has a right to good health and medical care. His treatment must be organised and treated in such a way that his dignity is not violated and that his conviction and his privacy are respected.

The patient's mother tongue, his individual needs and culture shall, where possible, be taken into account in his treatment and treatment.

The patient's right to use the Finnish or Swedish language, to be heard and to obtain his or her delivery book in Finnish or Swedish, as well as the right to interpretation in the languages of the language of the language law (423/2003) in Articles 10, 18 and 20 . The obligation to organise health and medical care services in Finnish and Swedish is provided for in Article 6 of the Health Care Act. (30.12.2010/1335)

§ 4 (30.12.2010/1335)
Access to treatment

The patient must be informed of the date of treatment. If the specified date changes, there is a new date and a reason for the change to inform the patient immediately. Access to treatment and the organisation of care in public health care and specialised care units are laid down separately in the health care law.

The provision of assistance and care for a person in need of urgent care is in force, as provided for in Article 50 of the Health Act and Article 15 of the Law on Health professionals.

§ 4a (17.9.2004)
Plan for research, treatment or medical rehabilitation

Where appropriate, research, treatment, medical rehabilitation or any other equivalent plan shall be drawn up in the course of health and medical care. The plan should include the organisation of the patient's care and the timetable for implementation. The plan shall be drawn up in agreement with the patient, his relatives or close relatives or with his legal representative. Moreover, the content of the plan and the parties involved are in force, as they are expressly provided for.

§ 5
Patient access to information

The patient shall be provided with an explanation of his state of health, the importance of the treatment, the different treatment options and their effects, as well as other aspects of his treatment which are relevant to the decision on his treatment. However, the study should not be carried out against the patient's will or when it is evident that a study would pose a serious risk to the patient's life or to health.

The healthcare professional shall provide an explanation in such a way that the patient understands the content. Where a healthcare professional does not know the language used by the patient, or the patient cannot be understood for reasons of sensory or speech, care shall be taken to interpret it as far as possible.

The patient's right to inspect the data contained in the patient documents relating to him is valid, as is the case in (523/1999) - Articles 26 to 28 Provides. Moreover, the right of the patient to access to information is in force, as laid down in the law on public authorities Articles 11 and 12 of the 621/1999 . (30.06.2000)

ARTICLE 6
The patient's right to self-determination

The patient needs to be dealt with in agreement with him. Where a patient refuses a specific treatment or treatment, he shall, as far as possible, be treated in agreement with him in an otherwise medically acceptable manner.

If, in the absence of mental illness, development disability or any other reason, a patient of 18 is unable to decide on his or her treatment, the patient's legal representative, or the immediate or otherwise close to the patient, prior to the adoption of an important decision To determine the type of treatment best suited to the patient's will. If there is no explanation, the patient must be treated in a way that can be considered to be in his personal interest.

In cases referred to in paragraph 2, the treatment of a patient's legal representative or close relatives or other close consent should be obtained. The consent of the legal representative, the next of kin and the other person, when giving consent, shall take into account the will expressed previously by the patient or, if the will has not been expressed, in his personal interests. Where, as far as possible, a legal representative, close family or other person close to the patient denies any treatment or treatment, the patient shall, as far as possible, be treated in agreement with the person who refuses to consent; Medically acceptable. If there are differences between the legal representative, close relatives or any other person, the patient must be treated in a way that can be considered to be in his personal interest. (9.4.1999)

The treatment of the patient, regardless of the patient's will, is in force, as is the case with the Mental Health Act, substance abuse law. (1999) , communicable diseases and special care for mentally disabled persons (519/77) Provides.

§ 7
Status of lower-aged patient

The opinion of a minor patient on the management measure shall be established where it is possible in relation to his age and level of development. If, on the basis of age and level of development, a minor is able to decide on his treatment, he shall be treated in agreement with him.

If a minor is unable to decide on his treatment, he or she shall be treated in agreement with her guardian or other legal representative.

§ 8
Urgent treatment

The patient must be provided with the necessary treatment to combat the threat to his life or health, even if the patient's will is not known for lack of consciousness or any other reason. If, in the past, a patient has a firm and valid desire for treatment, the patient should not be given treatment which is contrary to his will.

§ 9
Right to information and powers

In the case referred to in Article 6 (2) and (3), the legal representative of the patient or close relatives or close relatives or other close relatives shall be entitled to receive the necessary information on the patient's state of health for the purpose of consultation and consent. (9.4.1999)

If the underage patient is in a position to decide on his treatment and his level of development, he shall be entitled to refuse access to his/her health and care information to his/her guardian or other legal representative.

In the case referred to in Article 7 (2), the statement referred to in Article 5 (1) and (2) shall be provided to the guardian or other legal representative of the minor.

A guardian or other legal representative referred to in Article 6 (2) shall not be entitled to prohibit the necessary treatment to combat the life-threatening risk of a patient's life or health. (9.4.1999)

CHAPTER 3

Reminder and patient ombudsman

ARTICLE 10 (12/12/2013)
Reminder

A patient dissatisfied with health care and medical care, or any treatment related thereto, shall have the right to make a reminder to the health service manager in the health care unit. If, in the absence of illness, mental disability or other similar reasons, the patient is unable to make a reminder himself or if he is dead, a reminder may be made by his or her legal representative, family or other close relatives. The Action Service shall provide adequate information to its patients about the right to recall and provide them with a reminder as easily as possible. A reminder shall, as a general rule, be written. A reminder may also be made for a specific reason.

The action unit shall adequately address the reminder and provide a written reply within a reasonable time of reminder. The answer must be given in accordance with the quality of the case.

The conclusion of a reminder shall be without prejudice to the patient's right to complain about treatment or treatment related to healthcare control authorities.

If it is clear from a reminder that the treatment or treatment of the patient may be monitored in the (185/1986) The liability for the damage suffered by patients, the damages law (1999) , the removal of the charges, the removal of the right to self-employment within the meaning of the health care legislation, the restriction or disciplinary procedure or any other disciplinary procedure provided for by law, is: The patient shall advise how the case may be initiated in the competent authority or institution.

Article 10a (12/12/2013)
The complaint

The complaint shall apply to the administration code (434/2003) Provides for management complaints.

In the absence of a reminder and the Authority considers that the complaint is the most appropriate to be considered as a reminder, the Authority may refer the matter to the relevant operational unit. The transfer shall be carried out immediately after the evaluation. The transfer shall be notified to the complainant. The operational unit shall provide information on the relevant reply to the transferred supervisory authority.

If the case is transferred, no decision shall be taken on the admissibility of the complaint.

ARTICLE 11
Patient ombudsman

The health care unit shall be designated as a patient agent. Two or more units may also have a common patient agent.

The role of the Ombudsman is to:

1) advise patients on matters relating to the application of this law;

(2) assist the patient in the cases referred to in Article 10 (1) and (3);

(3) information about the rights of patients; and

4) measures to promote and implement the rights of the patient.

CHAPTER 4

Patient documents and related material (30.11.2012/690)

ARTICLE 12 (30.06.2000)
Medical records and other material related to treatment

The healthcare professional shall include the information necessary to ensure the organisation, design, implementation and monitoring of the patient's medical care. The health care unit and the self-employed health care professional should maintain medical records and samples and models of biological material from the study and treatment of the patient The time required for the organisation and implementation of the organisation, the possible claims for compensation and scientific research. Medical records, samples and models shall be disposed of immediately after the absence of the above criterion for their retention.

The drawing up of patient documents and the preservation of the samples and models referred to in paragraph 1 and of the models referred to in paragraph 1, as well as the retention periods prescribed by the Ministry of Health, shall be laid down in more detail by a decree of the Ministry of Social Affairs and Health. Medical records, samples and templates may be kept after the retention period provided for by the Ministry of Social Affairs and Health, if necessary for the organisation or implementation of the patient's care. At the end of the period of retention provided for in the Regulation of the Ministry of Social Affairs and Health, the need for storage must be assessed at least every five years, unless otherwise provided for by Article 43 (2) of the Personal Data Act. Is.

Permanent provision of documents in the archiving law (181/1994) .

ARTICLE 13 (30.06.2000)
Confidentiality of information contained in the medical file

The information contained in the patient documentation shall be confidential.

A person who works in a healthcare professional or other health care unit or who carries out its duties shall not, without the written consent of the patient, provide the information contained in a secondary patient file. If the patient does not have the conditions to assess the importance of the consent to be given, the information may be provided with the written consent of his legal representative. For the purposes of this Act, the term refers to persons taking part in the treatment of the patient or the persons involved in the activities of the institution concerned. The obligation of professional secrecy shall remain after the termination of the duties or duties.

Notwithstanding paragraph 2, the following shall be given:

(1) information contained in patient documentation if the provision of information or the right to information is expressly provided for by law;

(2) for the organisation of the patient's research and treatment, any necessary information for another health care unit or healthcare professional, and a summary of the treatment administered to the health care unit of the patient who sent the patient; Or to a doctor who may be appointed as a doctor responsible for the care of the health care professional, in accordance with the consent of the patient or of his or her legal representative, in accordance with the prior consent of the patient or of his legal representative;

(3) information necessary for the organisation or implementation of the patient's research and treatment to another Finnish or foreign health care unit or to a healthcare professional in the absence of a mental health disorder; For reasons of development disability or other similar circumstances, the conditions for the assessment of the consent to be given and the absence of a legal representative, or where consent cannot be obtained due to the patient's unconsciousness or other comparable cause;

(4) information on the patient's person and his/her state of health due to the unconsciousness or any other comparable cause, unless there is reason to believe that the patient would refuse to do so; And

(5) information on health and medical care provided during the life of a deceased person on a reasoned written application to the person in need of information for the purpose of identifying or executing important interests or rights, in so far as the information is available; Are necessary for the purpose or exercise of the interests or rights; the transferee shall not use or release the data for any other purpose.

Notwithstanding the provisions of paragraph 2, the health professional or any person who works in the health care unit or who carries out its duties may, without prejudice to the obligation of professional secrecy, inform the police of any form of life or health The information necessary for the assessment of the threat to be made and to prevent a threat, if the person in the performance of his duties under this law has been informed of the circumstances on the basis of which he or she has reason to suspect that there is a risk of violence; The target. (203.2015/271)

The disclosure of information contained in the medical files for scientific research and statistical purposes is valid, as provided for by the law on public authorities' activities, national health registers Of the law (18/06/1989) And the Personal Data Act. In addition, the Institute for Health and Welfare may authorise the provision of information in an individual case where information is required for scientific research involving more than one municipal or municipal consortium providing services for health and medical care, On the medical records of a healthcare-producing unit and an independent health care professional, as provided for by the Law on Private Health. The authorisation may be granted if it is obvious that the disclosure of information does not infringe the interests of which the obligation of professional secrecy is imposed. In considering the authorisation, care must be taken to ensure that the freedom of scientific research is safeguarded. The authorisation may be granted for a fixed period and shall be accompanied by the provisions necessary for the protection of the private interest. The authorisation may be withdrawn if it is considered to be due. (10.09.2010/795)

In agreement with the substance referred to in paragraph 3 (2), any agreement other than the consent given in writing or orally administered by the patient on a voluntary basis in the form of information on the transmission of information, The time, the information to be released, the purpose of the information to be disclosed and the meaning of the disclosure.

The transmission of the information referred to in paragraphs 2 to 4 shall be recorded in the patient's file. (203.2015/271)

Article 13a (21.12.2010/1230)
National information system services

The transmission of information contained in the medical file through the national information system services is provided for by the Law on the electronic processing of customer information in social and health care (159/2007) . The transmission of data on prescriptions deposited by a public pension institution to a receptor centre is governed by the law on electronic prescriptions (2011) .

Article 13b (30.11.2012/690)
Reference to other legislation

In addition, scientific research into the use of biological specimens of the patient's study and treatment is governed by the Law on Medical Research. (488/1999) , the law on the medical use of human organs, tissues and cells (101/2001) And the Biobanks Act (19/08/2012) .

CHAPTER 5

Miscellareous provisions

ARTICLE 14 (30.06.2000)
Breach of professional secrecy

Penalty for breach of the obligation of professional secrecy laid down in Article 13 (2) and (3) (5) Chapter 38 of the Criminal Code 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Or otherwise, the law provides for a heavier penalty.

§ 15
Appeals appeal

The decision to settle the dispute referred to in Article 10 (1) shall not be subject to appeal.

ARTICLE 16
More detailed provisions

More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.

§ 17
Entry into force

This Act shall enter into force on 1 March 1993.

This law will repeal:

1) Article 33 (4) of the Special Care Act of 1 December 1989;

2) Article 18 of the Public Health Act of 28 January 1972; and

(3) Article 11 of the Law of 9 February 1990 on private health care, as amended by the Law of 17 January 1991, (1999) .

Before the law enters into force, measures may be taken to implement the law.

HE 185/91 StVM 15/92

Entry into force and application of amending acts:

28.6.1994/560:

This Act shall enter into force on 1 July 1994.

THEY 33/94 , StVM 13/94

21.4.1995/636:

This Act shall enter into force on 1 September 1995.

THEY 94/93 , LaVM 22/94, SuVM 10/94

15.5.1998/333:

This Act shall enter into force on 1 September 1998.

Before the law enters into force, measures may be taken to implement the law.

THEY 19/1998 , StVM 6/1998, EV 32/1998

9.4.1999/489:

This Act shall enter into force on 1 November 1999.

Before the law enters into force, measures may be taken to implement the law.

THEY 229/1998 , StVM 39/1998, EV 287/1998

30.6.2000/65:

This Act shall enter into force on 1 August 2000.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 181/1999 , StVM 15/2000, EV 83/2000

23.5.2001/411:

This Act shall enter into force on 1 June 2001.

THEY 5/2001 , StVM 6/2001, EV 35/2001

6.6.2003/429:

This Act shall enter into force on 1 January 2004.

THEY 92/2002 , No 269/2002,

17.9.2004:

This Act shall enter into force on 1 March 2005.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 77/2004 , StVM 13/2004, EV 94/2004

21.8.2009/65:

This Act shall enter into force on 1 September 2009.

Following the entry into force of this law, a reference to a national health policy advisory committee is referred to in the law as referring to the national social and health ethics council.

Before the law enters into force, measures may be taken to implement the law.

THEY 67/2009 , StVM 18/2009, EV 83/2009

10.9.2010/795

This Act shall enter into force on 1 October 2010.

Upon the entry into force of this Act, the pending submission of applications for scientific research, as referred to in Article 13 (4), pending before the Ministry of Social Affairs and Health shall be transferred to the health and welfare institution.

Before the law enters into force, measures may be taken to implement the law.

THEY 65/2010 , StVM 15/2010, EV 113/2010

21 DECEMBER 2010/12:30:

This Act shall enter into force on 1 January 2011.

THEY 176/2010 , StVM 30/2010, EV 195/2010

30.12.2010/1335:

This Act shall enter into force on 1 May 2011.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 90/2010 , StVM 40/2010, EV 244/2010

17.6.2011/741:

This Act shall enter into force on 1 September 2011.

THEY 279/2010 , LaVM 35/2010, EV 312/2010

30.11.2012/690:

This Act shall enter into force on 1 September 2013.

THEY 86/2011 , StVM 9/2012, EV 78/2012

12.12.2014/1:

This Act shall enter into force on 1 January 2015.

THEY 185/2014 , StVM 15/2014, EV 154/2014

20.3.2015/271:

This Act shall enter into force on 1 April 2015.

THEY 333/2014 , HaVM 41/2014, EV 268/2014