The Law On The Status And Rights Of The Patient

Original Language Title: Laki potilaan asemasta ja oikeuksista

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1992/19920785

In accordance with the decision of the Parliament, provides for: the scope of application of the General provisions of section 1 of Chapter 1 of the patient's status and rights in the context of health and medical care will be covered by this law, unless otherwise provided for in the law.

section 2 Definitions for the purposes of this law: 1) the patient health and medical facilities or otherwise of the person;
2) of health and healthcare in order to determine the State of health of the patient or his or her health in order to restore or maintain measures, which are carried out by health care professionals or performed in a health care business entity;
3) health care professional health care professionals who act (561/94) the person referred to in article 2; (28 June 1994/560) 4) healthcare unit of the public health Act (66/1972) and the other of the activities referred to in the health units, which carry out functions under the laws of the people's health, specialized care (1062/1989) of separately from the hospital, and the medical care referred to in the operating unit and the hospital treatment of the person responsible for the Federation to play by the other entity, the private healthcare Act (152/1990) health care facilities generating unit, health establishments, in so far as it produces on the activities and the Act on the financing of the Institute of occupational health (159/1978) health and medical services the State mental hospitals (1292/1987) for State mental hospitals, the health care organization of the armed forces Act (320/1987), the institution of the criminal penalties referred to in sairaanhoitolaitoksia and (953/2009) referred to in the health units; as well as (17 June 2011/741) 5) the organisation and implementation of patient information folder means the total care of the patient, or to be used for incoming documents or technical records, which contain his State of health or other personal information.

2. (a) section (21 August 2009/658) Nationwide in the field of Social Affairs and health, ethics in the context of the Ministry of Social Affairs and health will work nationwide in health care and social ethics. The State Council set the Advisory Board for a period of four years at a time. The role of the Advisory Board is to deal with the social and health sector as well as the patient's and the client's status on the basis of the ethical issues and provide recommendations.
The composition of the Advisory Board of the Council of State regulation and duties shall be those laid down in more detail.
Chapter 2, section 3, of the patient's rights, the right to good health-and medical care and the treatment of Each person living in Finland permanently has the right, without discrimination, to his State of health to require health care and medical treatment of their resources, which at any given time are the health care available. The right to the treatment of persons residing in Finland temporarily is valid, what it specifically provides for the mutual agreement between the Member States, or. The obligation of the State to organize health care facilities is also valid, what public health law, specialized care, the health care Act (221/2010), the infectious disease Act (583/1986), the mental health Act (1116/1990), the law on the establishment of criminal sanctions, as well as the Act on the organisation of health care in the armed forces. (30.12.2010/1335)
The patient has the right to good quality health care and medical treatment. His care is organised and he is to be treated in such a way that her human dignity infringed, as well as that of his convictions and his privacy to be respected.
The patient's mother tongue, her individual needs and culture shall, as far as possible, be taken into account, subject to his care and.
The patient's right to use the Finnish or Swedish language, to be heard and to supply book in Finnish or Swedish, as well as his right to interpretation in these languages the authorities in the language of the Act provides for the (423/2003) 10, 18 and 20. The obligation of municipalities and intermunicipal organize health-and medical facilities in the Finnish and Swedish languages provided for in article 6 of the health huoltolain. (30.12.2010/1335) (30.12.2010/1335) access to the treatment of the patient must be informed access to treatment. If the notified date changes, there is a new date and reason for change, inform the patient immediately. The treatment of access to the organisation of public health work and care and specialized medical services specifically provided for in the health care law.
An emergency treatment to the person in need of assistance and care is valid, what of the health huoltolain in section 50 of the Act, and the health professionals 15.

4. (a) section (dated September 17, 2004/857) Research, treatment or medical rehabilitation plan for the implementation of the health and medical care, if necessary, be drawn up in the medical research, treatment, rehabilitation or other such plan. The plan must include a schedule for the implementation of the Organization and the nursing care of the patient. The plan must be drawn up in agreement with the patient, his relatives or significant others, or their legal representative. The content of the plan and to the point, in addition to any individual through forensic evidence is valid, what of them separately.

section 5: the patient's right to information for the patient must be given an explanation of the importance of his State of health, treatment, various treatment options and their implications, as well as other aspects of his care, which is of relevance in deciding her devoting time to the. An explanation does not, however, be given against the patient's will, or when it is obvious, that would be a serious risk to the patient, reporting to the people or health.
A health care professional must be explained in such a way that the patient enough to understand its contents. If a health care professional is not a part of the language used by the patient, or the patient is not the fault of sensory or speech can be understood, as far as possible, ensure the interpretation.
The patient's right to inspect the data concerning the patient himself is valid, what of the personal data Act (523/1999) provides in article 26 to 28. The patient's right of access to information is also valid for what it provides for the Act on the openness of government activities (621/1999), article 11 and 12. (30.6.2000/653) section 6 of the patient's self-determination, the patient must be in agreement with him. If the patient refuses to measure a particular treatment or care, he shall, as far as possible, be managed in agreement with her other medically acceptable manner.
If the age of the patient is not a mental disorder, development disability or for any other reason unable to decide on the care, the patient's legal representative or relatives or other close before an important treatment to their decision, consult in order to determine what kind of treatment the best would be the patient's will. If this does not get an explanation, patients must be treated in a manner which can be considered as in line with his personal interests.
Cases, for the purposes of paragraph 2, or the legal representative of the patient comes to the treatment of to a close relative or other close contact. The legal representative, the consent of the adopting of a close relative and other close contact should take into account the patient's previously expressed by the will or, if the treatment will not have expressed his personal interests. If the legal representative, the adoption of a close relative or other close to deny care or care of the making of the patient, the patient is, as far as possible, be managed in compliance with the agreement of the person who would refuse to other medically acceptable manner. If the legal representative of the views of the Administration, of a close relative or other close contact are different from each other, the patient should be managed in a manner which can be considered as in line with his personal interests. (effective 9 April 1999/489)
The patient's will, regardless of what treatment is in force, on the creation of a mental health law, substance abuse care Act (41/86), the infectious disease Act and the mentally handicapped erityishuollosta (519/77).

the role of the minor of the minor patient's section 7 of the patient's opinion about the treatment of the measure is to clarify when it is his age and development level in relation to the possible. If, on the basis of minor age and maturity will be able to decide on the care, he or she must be in agreement with him.
If the minor is not in a position to decide on the care, he or she must be in agreement with his guardian or other legal representative.

section 8 of the Emergency treatment for the patient must be given in order to combat the risk of a threat to his life or health the necessary treatment, even if the will of the patient is unconscious or for any other reason unable to get clarification. If the patient has in the past firmly and competently expressed the will of the patient is not, however, provide the kind of treatment that is contrary to his will.

under section 9 of the access to information and the power of the patient's legal representative or lähiomaisella or any other nearby is section 6 (2), and in the case referred to in paragraph 3, the right to consultation and consent for information necessary for the health of the patient. (effective 9 April 1999/489)

If a minor patient age and development level in relation to their care, he or she will be able to decide on the right to prohibit the use of their State of health and the provision of information on the treatment of huoltajalleen or other legal representative.
Section 5 of the report referred to in paragraph 1 and 2 of article 7 in the case of a minor patient's guardian to be given, or other legal representative.
Section 6 of the minor or of the person having custody, or any other referred to in subsection 2, the patient's legal representative does not have the right to deny the patient's life or health threatening to prevent the risk of the need for treatment. (effective 9 April 1999/489) Chapter 3 section 10 of the reminder and patient Ombudsman (12.12.2014/1101) reminder of the Health-related kohteluunsa and sairaanhoitoonsa or tyytymättömällä the patient has the right to health care policy unit health Director responsible. If the patient is not an illness, mental deficiency, or equivalent, is the capacity to reason in a position themselves to do a reminder or if he is dead, his legal representative, may make a reminder for a relative or other person close to the. The right of patients to be informed of the activities of an entity is a reminder of both provide a reminder to reservation for them a minimum of fuss. As a general rule, the reminder must be done in writing. Reminder may also be made orally, for a special reason.
The activities of an entity is to be dealt with properly and it must be given a written reminder to reply within a reasonable time the conclusion of the reminder. The answer is, as required by the quality of the grounds shall be provided in the.
A reminder to reservation shall be without prejudice to the right of the patient to complain to their care or treatment-related treatment in the health care to the supervisory authorities.
If the reminder processing occurs, the patient care or treatment could result in patient injury law (585/1986) for damage compensation responsibility for patient Act (412/1974) for liability, prosecution, obtain health care ammatinharjoittamislainsäädännössä for the removal of, or of any other restriction or disciplinary procedure for the disciplinary procedure provided for by law, is the patient be advised how the matter may be brought before the competent authority or institution.

section 10 (a) (12.12.2014/1101) the complaint shall apply to the administrative Complaint Act (434/2003) 8 (a) to lay down detailed rules governing the complaint.
If the case has not been made, and the supervisory authority considers that the complaint is the most appropriate to deal with as a reminder to the authority, the authority may refer the matter to the relevant operating unit. The transfer shall take place immediately after the conclusion of the assessment. Transfer shall be notified to the complainant. The activities of an entity shall be transferred to the relevant supervisory authority in issuing the transfer from the answer.
If the case is transferred, the submission of a complaint does not make a decision.

Article 11 of the Medical agent healthcare entity must designate a patient Ombudsman. Two or more branches of activity in the unit can also be a common patient.
The task of the Ombudsman is to: 1 the application of this Act) in matters relating to patients;
2) to assist the patient in section 10 (1) and (3) in the cases referred to in;
3) inform the patient's rights; and 4 to promote the rights of the patient) to act anyway, and.
Chapter 4 the patient and the treatment of related material (30 November 2012/690) section 12 (30.6.2000/653), the patient and the treatment of any other material related to the health care professional must be medical care of the patient, in order to safeguard the planning, implementation and monitoring of the necessary information. Health care in the activities of an entity and the self-employed engaged in the health care professional should be stored in the patient, as well as the study and care of biological material containing the samples and the body of the organisation and implementation of models of patient care, the treatment of possible claims and scientific research related to the required time. The patient records, samples and models will be destroyed immediately after the preservation is not the criterion referred to in paragraph 1.
The drawing up of the documents as well as their patients, and the preservation of the samples referred to in subparagraph (1), and in the light of the purpose of the restrictions on the use of models, as well as retention periods provided for by the regulation, more specifically the Ministry of Social Affairs and health. The patient records, samples and models to be stored in the Ministry of Social Affairs and health Decree the end of the retention period laid down in, if it is necessary for the implementation of the organization or the care of the patient. The need for conservation at the Ministry of Social Affairs and health Decree the end of the retention period laid down in to be evaluated at least every five years, unless the law or the personal data Act, section 43 of the authorization referred to in paragraph 2 and subject to the data protection board.
The law provides for the retention of a permanent archive of documents (831/1994).

section 13 (30.6.2000/653) Patient confidentiality of the information contained in the documents relating to the information contained in the confidential Medical documents are.
A health care professional, or other health care business entity or person working in the tasks shall not, without the prior written consent of the patient to provide to third parties information contained in the patient documents. If the patient does not have the conditions to assess the importance of informed consent, the information may be disclosed with the consent of his legal representative a written. Third party, for the purposes of this Act other than in the ordinary course of a business entity, or on behalf of a patient's treatment or involved in the tasks. Confidentiality is maintained to the conditions of employment, or after the end of the task.
Notwithstanding the provisions of paragraph 2, to: 1) the patient the information contained in the documents relating to the adoption of, or the right to information, if the information is explicitly provided for by law;
for the organisation of research and treatment 2) with the necessary data on the patient's other health unit or health care professional as well as a summary of the treatment given to the sending of patient care in healthcare or health care professional and the patient's care may be a doctor named doctor recognized as equivalent to that of the patient, or their legal representative an oral consent or the context otherwise to occur in accordance with the agreement;
for the organisation of research and patient care 3) to carry out the necessary information to the other Finnish or foreign policy unit or health care or the health care professional, if the patient does not have a mental health disorder, the cause of the development of a physical disability, or any other similar conditions to assess the importance of consent and does not have the consent of the legal representative, or if not be able to get the patient's unconscious, or any other reason you want to compare to it;
4) the loss of, or any other reason you want to compare it to the next of kin of the patient or for the rest of his contribution to the läheiselleen of your patient's person and his State of health, unless there is reason to believe, that the patient will have no choice but to deny this; as well as the deceased person during the life of the 5), health and medical care following a reasoned written request for the information on who needs information about the implementation of the important interests or rights for the detection or to the extent that the data are necessary for the implementation of the interests or rights, or; the transferee shall not use or disclose information on for any other purpose.
Notwithstanding the provisions of subsection 2, the health care professional, or other health care business entity or person working in the professional secrecy, without prejudice to the tasks must notify the police assessment of the threat to life or health, and the prevention of the threat of the information necessary for the purposes of the Act, if a person, in discharging their responsibilities under this Act, is to obtain information about the circumstances, on the basis of which he has reason to suspect someone to be at risk of violence. (20.3.2015/271)
Disclosure of the information contained in the medical scientific research and for statistical purposes is valid, what is provided for in the Act on the openness of government activities, the Act on national personal health care registers (556/1989) and the personal data Act. In addition, the National Institute for health and welfare may authorise the data in a particular case, when for the purposes of scientific research, you need information about more than one health care facilities to produce district, private health care referred to in the Act on health care facilities generating unit and the self-employed engaged in health care professional patient documents. The authorisation may be granted if it is obvious that the information infringes on the interests of the protection of professional secrecy, to which they are provided. When considering the authorisation is to ensure that the freedom of scientific research. Authorisation may be granted for a limited period of time and shall be accompanied by the necessary provisions for the protection of private interests. Such authorisation may be withdrawn if it is considered to be the reason. (10.9.2010/795)

(3) referred to in paragraph 2 above, the context for the purposes other than as shown in the agreement with the consent in writing or orally, that the patient is given on a voluntary basis in the knowledge of the data, the transmission of data, luovutuksensaajasta of data in respect of the purpose of use and the importance of the donation.
(4) the information referred to in paragraph 2 to the disposition and its base will make a note of the patient. (20.3.2015/271), section 13 (a) (21 December 2010/1230) National information system services the patient the information contained in the documents relating to the disposition of the national information system to provide for social welfare and health care for the processing of customer data, the e-Commerce Act (159/2007). The social insurance institution of Finland to maintain recipe Center provides for the transmission of data subject to the provisions of the e-commerce deposited drug prescription Act (61/2007).

section 13 (b) (30 November 2012/690), the reference to other legislation, a patient in the study and treatment of the use of biological samples for scientific research also provides for medical research Act (488/1999), human organs, tissues and cells for medical use Act (101/2001) and biopankki (688/2012).
Chapter 5 miscellaneous provisions article 14 (30.6.2000/653) the violation of professional secrecy, the penalty under section 13 of the Act and (3) violation of the obligation of professional secrecy laid down in paragraph 5 of the condemnation of the criminal code, chapter 38, section 1 and 2, unless the Act is not punishable under the Penal Code, chapter 40, section 5 of the Act on provision of a heavier penalty, or elsewhere.

Article 15 appeals against a decision as referred to in sub-section (1) of section 10 of the reminder has been resolved, may not be appealed.

section 16 of the implementation of the provisions of this law detailed rules shall be adopted, where the need for more regulation.

Article 17 entry into force this law shall enter into force on 1 March 1993.
In this law: 1) on 1 December 1989 on the control of concentrations between erikoissairaanhoitolain section 33;
2) 28 January 1972, on public health law section 18; as well as 3) private health care on 9 February 1990, section 11 of the Act, as it is, in part, amended by the law of 17 January 1991 (79/91).
Before the entry into force of the law can be used to take the measures needed to implement the law. THEY 185/91, Shub 15/92 acts entry into force and application in time: 28 June 1994/560: this law shall enter into force on 1 July 1994.
THEY 33/94, 21.4.1995 Shub 13/94/636: this law shall enter into force on 1 September 1995.
THEY'RE 94/93, SuVM LaVM 22/94, 10/94 of 15 May 1998/333: this law shall enter into force on 1 September 1998.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY 19/1998, Shub 6/1998, EV 32/1998, effective 9 April 1999/489: this law shall enter into force on 1 November 1999.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY 229/1998, Shub 39/1998, EV 287/1998 30.6.2000/653: this law shall enter into force on 1 August 2000.
Before the entry into force of this law may be to take the necessary steps in the implementation of the law.
THEY 181/1999, Shub 15/2000, 23 May 2001/411/2000 EV 83: this law shall enter into force on 1 June 2001.
5/6/2001 2001, Shub, EV 6/6/2003/429 35/2001: this law shall enter into force on 1 January 2004.
THEY'RE 92/2002, the PeVM 9/2002, EV 269/2002 dated September 17, 2004/857: this law shall enter into force on 1 March 2005.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY'RE 77/2004, Shub 13/2004, EV 94/2004, 21 August 2009/658: this law shall enter into force on 1 September 2009.
The rest of the reference to the national law of health care ethics Advisory Board after the entry into force of this law, the reference to national social and Health Ethics Advisory Board.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY'RE 67/2009, Shub 18/2009, EV 83/2009 10.9.2010/795: this law shall enter into force on 1 October 2010.
At the time of entry into force of this law, the Ministry of Social Affairs and health pending section 13 (4) of the information referred to in the application for scientific research, will be transferred to the health and well-being of the body.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY 65/2010, Shub 15/2010 2010-113 on 21 December 2010, EV/1230: this law shall enter into force on 1 January 2011.
THEY'RE 176/2010 30/2010, EV, Shub 195/2010 30.12.2010/1335: this law shall enter into force on 1 May 2011.
Before the entry into force of this law may be to take the measures needed to implement it.
THEY'RE 90/2010, Shub 40/2010 therefore, EV 244/2010/741: this law shall enter into force on 1 September 2011.
THEY, LaVM 35/279/2010 2010, EV 312/2010 30 November 2012/690: this law shall enter into force on 1 September 2013.
THEY'RE 86/2011, Shub 9/2012, EV 12.12.2014/78/2012 1101: this law shall enter into force on 1 January 2015.
THEY are 185/2014, Shub 15/2014, EV 20.3.2015/271 154/2014: this law shall enter into force on 1 April 2015.
THEY 333/2014, 2014, EV HaVM 41/268/2014