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Medical Law

Original Language Title: Ārstniecības likums

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The Saeima has adopted and the President promulgated the following laws: the law of treatment chapter I General provisions article 1. The law is applied in the following terms: 1) — professional and individual treatment of disease prevention, diagnosis, treatment, rehabilitation and care of patients;
2 persons-treatment) persons who have a medical education and dealing with treatment;
3) medical establishment — the meaning of this law: hospitals, rehabilitation institutions, industries, hospitals, specialist centres, emergency medical institutions, doctorate (ambulance), medical centres, health points, special therapy room, medical university clinics, institutes, as well as functional, morphological, biochemical, haematological, microbiological and other diagnostic examination, pathological and forensic examination laboratory, physician practices;
4) certificate of treatment: a Latvian physician associations or the cabinet authorized certification authority issued the document certifying the training of the person concerned and state that the person as a specialist treatment is competent to deal with the treatment of independent (professional practice) within the sector;
5) sertifikāc State hospital's (a)-treatment facilities of the authority and its readiness to allow the evaluation deal with treatment and a positive assessment of the case, the issue of a certificate;
6) doctor konsīlij: no less than three physician consultation to determine the diagnosis and subsequent treatment tactics;
7) human infectious disease-infectious disease agent suggested that the disease can spread to cause epidemics (infectious disease);
8) medical education — the Republic of Latvia accredited medical education programs corresponding to the set of knowledge and skills, as attested by diplomas issued by the educational institution, as well as the further specialization and further training in any of the medical sector;
9) medical technology — used in treatment methods and medical devices and goods;
10) emergency medical assistance — assistance to victims (deceased) life or dangerous critical State provides such cases especially prepared (trained, equipped) persons with appropriate qualifications in medicine under this qualification is a legal responsibility for their actions or inaction and its consequences;
11) — the person that the patient is being treated, or registered at one of the medical treatment person and, if necessary, is being treated;
12) patient care — health care component, that are directly or indirectly associated with the society, family or personal health maintenance, promotion, protection and recovery;
13) first aid — assistance to victims (deceased) life or critical state of your knowledge and the ability to provide individuals with or without medical qualifications whatever training and equipment;
14) rehabilitation: medical industry that deals with people's physical, psychological, social, vocational and educational development or recovery of the potential suit his physiological or anatomical limitations or stable health, with the patient's living environment and public adaptation;
15) postgraduate training — training of persons for treatment after medical education institutions receiving the diploma of specialisation or refresher;
16) specialization: postgraduate training, which includes the Ministry of welfare approved specialty regulations appropriate knowledge and skill sets in one of the professions in the Republic of Latvia in the specialties. Specialization is followed by an authorized certification authority certification and acquisition of a specialist;
17) training-postgraduate training part resulting specialty by a freely chosen programs. Training time and content is not regulated.
2. article. The purpose of this law is to regulate social relations in treatment to ensure the illness or injury prevention and diagnosis of qualified, as well as the qualified patient's treatment and rehabilitation.
3. article. Health is the physical, mental and social well-being, the State and the nation's existence and survival of the natural basis. Health care is a complex of measures for ensuring and maintaining health.
4. article. Health care financing arrangements, the types of treatment services and the extent to which are paid from the State budget and the recipient, as well as the means of payment order is determined by the Cabinet of Ministers.
5. article. Everyone has a duty of care, and each is responsible for his own, popular, their loved ones and dependants health.
6. article. The patient, his closest relatives or legal representatives (guardians, guardians) have the right to choose a medical establishment in Latvia and the treatment of diseases and injuries of persons for the diagnosis, treatment and rehabilitation of the patient. The patient has the right to high-quality, kind and respectful treatment and care.
Chapter II monitoring article 7 of treatment. Medical monitoring of the country by the Ministry of welfare and other legislation in certain institutions.
8. article. The Ministry of welfare health care performs the following functions: 1) develop a national policy for health care, as well as overseeing its implementation;
2) nationally coordinates and directs emergency medical assistance to victims in the regional and national emergency;
3) confirms the service standards of treatment;
4), adding and maintaining medical treatment of persons and institutions, medical equipment and goods, as well as with certain diseases diseased patient records;
5 confirm the treatment) medical technology, as well as the introduction of new medical technologies;
6) develop and submit to the Cabinet for approval a list of occupational diseases;
7) in collaboration with the development of the Latvian Association of doctors, and publish minimum requirements for medical institutions and their departments. These requirements can be reviewed more frequently than once a year.
9. article. Work harmful to health and the environmental factors in the work list, which employ persons before entering and is being subjected to the compulsory periodic health checks, approved by the Cabinet of Ministers.

10. article. Health care professional and the quality of treatment integrity inspection institutions controlled medical care and integrity inspection quality control inspection, operating in accordance with the provisions of the Cabinet of Ministers.
11. article. Advertisements and advertising relating to medicinal, therapeutic and healing people, insert the media laws.
12. article. People who do not have medical training and which independently dealing with patient treatment, provision of dzemdībpalīdzīb (except when necessary to provide first aid), hypnosis, coding and other human psyche methods affecting the human energy field (biokorekcij), acupuncture, and other human body energy systems-methods, as well as those that support the operation of the treatment of persons who have no medical training or professional practice of law, is called to the statutory liability.
Chapter III of the Medical Ethics Committee article 13. Medical ethics committees are medical ethics problems created consultative institutions, acting in accordance with the Cabinet of Ministers approves approved.
14. article. Medical Ethics Committee of the hospital treatment of the person and the professional associations. This Committee examines the ethical issues related to the treatment of persons and new medical technologies.
15. article. Central Medical Ethics Committee operates in accordance with the provisions of the Cabinet of Ministers, and its appearance on the social problems related to biomedical ethics issues in progress. Central medical ethics committee personnel approved by the Cabinet on a proposal by the Ministry of welfare.
Chapter IV rights and obligations of persons in health care article 16. Everyone has the right to emergency medical assistance.
Article 17. The State guaranteed medical aid cabinet order is provided to citizens of Latvia, non-citizens, aliens and stateless persons who are in the Passport ID code and registered in the population register, as well as the detainees, apcietinātaj and a notiesātaj. Such assistance is provided at the time and place where it is required, and in such cases the treatment is carried out in accordance with the standards approved by the Ministry of Welfare.
18. article. General medical assistance under article 17 of this law such persons is given for insurance companies, employers, and the patient's personal or other means in accordance with the legislation.
19. article. Aliens and stateless persons who are not parties in the passport of the code and that are not registered in the population register, but legally residing in Latvia, shall receive medical assistance for a fee.
20. article. The patient has the right to his understandable way to get from the doctor information about your disease diagnosis, investigation and treatment plan, as well as other methods of treatment and prognosis.
21. article. The patient has the right to obtain information on the treatment process from other medical persons at the level of their competence.
22. article. The patient is entitled to provide health care quality assessment legislation.
23. article. The patient has the right to fully or partially withdraw from the proposed examination or treatment, whereof the signature. If the patient is a minor or a person whose state of health is not aware of consequences of their actions, these rights and responsibilities of the decision taken is the patient's family members, but if there are none, the closest relatives — or legal representatives (guardians, guardians). The doctor is obliged to explain to the patient, his family members, the closest relatives or legal representatives (guardians, guardians) the consequences of such refusal. If the patient accepted treatment plan, he must comply with all the treatments and care treatment of individuals.
24. article. The patient is obliged by signing up for a medical institution, to present a personal identity document.
25. article. It is the responsibility of the patient to treatment process comply with the instructions of the person and treatment hospital's internal rules. During the treatment the patient should not take actions that could harm his health.
Chapter v persons Treatment and treatment in article 26. Deal with medical treatment allowed medical treatment to persons who are established in the legislation.
27. article. Medical specialties of individuals names and their classification is determined by the Cabinet of Ministers of the Republic of Latvia approved professions, but the medical persons certain specialties are regulated by the respective treatment specialties that elaborate regulations, medical professional associations and individuals approved by the Ministry of welfare.
28. article. Medical education diploma allows a person to operate a specialty certification in medical treatment only under the supervision of a person or the control that has the rights of a specialist.
29. article. The rights of a specialist's certificate certifying the treatment. Medical certification of persons determined by the Cabinet of Ministers.
30. article. Latvian society of Doctors and Nurses Association of Latvia shall each year draw up and notify the medical authorities and lists of treatment laid down in the order entitled to treatment personal training specialist practice of law.
31. article. Persons with foreign medical diplomas can get right to practise medicine in Latvia after the diploma, accredited in Latvia nostrifikācij medical education institutions it established. The rights of a specialist that the person is obtained in accordance with the procedure laid down in this law.
32. article. Treatment of foreign persons who arrive in Latvia to train medical persons, brought their qualifications, advise patients, can deal with treatment in Latvia without medical certificate, you receive a Doctor of Rosicrucians of Latvia, the issue of duration is issued for a period of up to one year.

33. article. In higher and secondary medical education curriculum within the audience engaged in patient treatment or providing only dzemdībpalīdzīb treatment under direct supervision of a person who has the rights of a specialist.
34. article. Treatment services is the responsibility of the driver to determine the order in which the medical institution approved by the Ministry of Welfare use of medical technologies.
35. article. Hospital's driver is called to legal liability if she led medical institution shall designate and use the Ministry of welfare is not an approved medical technologies.
36. article. Treatment is the responsibility of the persons designated and approved by the Ministry of Welfare, the medical technology use and its consequences.
Chapter VI medical profession article 37. The doctor is a medical person with higher medical education with the scientific medical activities directly or indirectly to the people and of their professional activities: 1) investigates the patients physical, spiritual or psychic disease detection and treatment or denial;
2) evaluates of sickness and their consequences;
3) treated in paragraph 1 of this article the said diseases;
4) carry out preventive measures to prevent the disease;
5) dzemdībpalīdzīb;
6) rehabilitation;
7) dental care;
8) do autopsy.
38. article. Their professional activities the doctor is free. Each doctor has the right to give an opinion on the patient's medical condition and treatment.
39. article. The doctor is working (can be multiple specialties), provided a doctor's certificate. The physician shall act apakšspecialitāt, papildspecialitāt, or use a separate method of examination or treatment only if they have a doctor's certificate to the substantive field. Specialties where doctors may not run at the same time, established the Latvian society of Doctors.
40. article. The doctor is responsible for maintaining the life of the unborn, and his duty is to try to dissuade patients from the termination of the pregnancy, if the pregnancy is not inconsistent with the health status of women and there is a danger that the newborn will be hereditary or acquired disease. The doctor has the right to refuse to make pregnancy termination, if this is justified on medical grounds.
Article 41. The physician must obtain patient consent for treatment, so it is the duty of the physician to provide patient information in an understandable way for disease diagnosis, investigation and treatment plan, as well as other methods of treatment and prognosis. It is the duty of the physician to explain and inform patients about potential consequences and complications of the disease. The physician must inform the patient about the features of prescriptions or treatments possible side effects. The doctor may not provide full information about the patient's diagnosis and disease prognosis, if it considers that such information may impair the patient's State of health.
Article 42. In cases where the patient's life is not threatened, but the patient does not follow the prescribed mode of treatment the person does not comply with the instructions or intentionally damaging to your health and in this way, the direct impact on the disease treatment, the physician has the right to opt out of future patient treatment.
43. article. The doctor should be patient to investigate or treat common to other medical people or prevent their participation.
Chapter VII, article 44 of the profession of Nursing. My sister is a medical person who obtained medical education and medical treatment of the person is registered in the register of nurses.
Article 45. Their profession according to the qualifications of Nursing: 1) in patient care;
2) participate in treatment;
3) hosts patient care work;
4) deals with patient education of health issues;
5) vocational work.
Chapter VIII treatment obligations and the right to medical treatment in article 46. Medical treatment person's responsibility to provide the first and emergency medical assistance.
47. article. Treatment has the right to refuse a first and an ambulance in circumstances that threaten the life of a person's own medical treatment, as well as if the person can not do treatment for health reasons.
48. article. Medical treatment person's duty to raise their qualifications and follow the prescriptions relating to his professional activities, as well as education emergency treatment.
49. article. In cases where the delay threatens the patient's life, and it is not possible to accept the patient, their family members, but, if not, next of kin or legal representative (guardian, trustee) permits, medical treatment of the person within their competence, are obliged to take immediate measures, investigation, treatment and surgical intervention. In such cases, investigation and treatment plan approved and shall adopt the doctor konsīlij (except when necessary to provide a first or emergency medical help). The doctor is obliged to report to the family courts for minor pagastties or advocacy purposes on the adopted decision konsīlij relating to the minor patient's further investigation and treatment.
50. article. (1) details of the patient's treatment, disease diagnosis and prognosis (hereinafter referred to as the news about the patient), as well as news that the medical treatment of the person in the process got on the patient and his relatives of private life is private.
(2) details of the patient can be given: 1) other treatments;
2) health and uptime of expertise doctor the Commission (VDEĀK);
3) medical care and integrity inspection quality control inspection.
(3) the Court, the Prosecutor's Office, the police, as well as institutions made a statement, details of patients to be provided only after the written request by the head of the hospital's signed permission.
(4) scientific research news you can use on the patient, if the patient is guaranteed anonymity and received his consent.
(5) the Ministry of defence national military service administration is entitled to demand from the medical authorities for information on the iesaucam, reserve soldiers and reservists health Cabinet.
51. article. Treatment has the right to refuse this law referred to in article 50 messages by telephone or by other means of telecommunication.
52. article. Treatment of persons regularly provide national statistical Committee health statistics news laws.

53. article. Temporary incapacity of the person finds the doctor. Temporary incapacity of formal procedure determined by the Cabinet of Ministers.
Chapter IX, article 54 of the medical establishment. Treatment can create State institutions, local authorities, natural or legal persons.
55. article. (1) treatment can be practiced only certified medical authorities.
(2) medical institutions of certification is a conformity assessment in accordance with the regulations laid down in the non-regulated areas.
Article 56. Medical certification authorities, as well as medical authorities determined whether the minimum requirements by the Cabinet of Ministers.
57. article. Residents in the distribution of the agenda and arrangements for the financing of the residency the medical institutions determined by the Cabinet of Ministers.
58. article. Each medical authority must ensure that the necessary equipment for emergency medical assistance to the Ministry of welfare.
Article 59. Medical records filing procedure treatment institutions determined by the Ministry of welfare.
60. article. Prescription form rules of manufacture and prescription procedures regulated by Cabinet regulations and other legislation.
Chapter x, drug addiction and Alcoholism toksikomānij patient treatment article 61. Alcoholism, drug addiction and treatment of patients toksikomānij's happening voluntarily after their election in State medical institutions, the Cabinet of Ministers.
62. article. In cases where, in the context of alcoholic beverages or other products in the patient of inebriation will be made by the public to dangerous or systematically carried out administrative irregularities with their actions endangering themselves, their closest relatives or society, statutory social and psychological rehabilitation of forced features, but minors — empowering nature of forced features.
Article 63. Alcoholism, drug addiction and patient toksikomānij the social and psychological rehabilitation of forced features are: 1) the sampling of police records and preventive police written warning that the patient to stop the excessive use of alcoholic beverages, the use of the substance and inebriation related to administrative offences, as well as the imperative to begin treatment;
2 sampling in State records) and motivation, to interested patients start treatment from voluntary alcoholism or drug addiction, toksikomānij;
3) Court ruling on the obligation of the convicted to seek treatment.
64. article. The Court sentenced conditionally can be placed on the convicted who committed a crime, drug addiction, alcoholism, or toksikomānij, with his consent, the obligation to seek treatment from alcoholism, drug abuse or toksikomānij for social and psychological rehabilitation.
Chapter XI mental illnesses article 65. Persons with psychiatric disorders and mental disorders must ensure all civil, political, economic and social rights, which are provided by law. Psychiatric disorders or mental illness should not be a reason for people to discrimination.
66. article. The mentally ill are entitled to receive medical assistance and care in the performance as meet accepted standards of general medicine.
Article 67. Psychiatric help is based on a voluntary basis. The hospital provides psychiatric assistance medical institutions (departments), if the patient's health status, it is not possible to perform outpatient or home.
68. article. (1) investigation of Outpatient or inpatient treatment against the patient's will and should only be performed in the following cases: 1) if due to mental disorders patient behavior is dangerous to his own or other persons ' health or life;
2) if mental disorders and their clinical psychiatrist due to the dynamics of the patient's behavior in the forecast, which is dangerous to his own or other persons ' health or life;
3 If the patient's psychiatric disorder) are those that prevent them to make informed decisions, and the abandonment of treatments can cause serious health and social, as well as the deterioration of public order disturbance.
(2) If carried out against the patient's will stacionēšan, a psychiatrist for 72 hours konsīlij is to investigate patient and to decide on further treatment. Konsīlij shall immediately notify its decision to the patient, his family members but, if not, the closest relatives or legal representatives (guardians, guardians). If it is not possible to do so immediately, meeting with some of these people, they send a written communication by the patient records of registration card.
Article 69. (1) If a person's mental disorder or mental illness in violation of public policy, the detention, transfer and monitoring to psychiatrists take police officers according to the law "on the police".
(2) a police officer shall submit a written report to the psychiatrist about the patient's behavioural pretsabiedrisk.
70. article. Persons who lawfully recognized incapacitated psychiatric help, provided by their guardian written request or with their consent, except in the case provided for in article 68 of this law.
Chapter XII health and uptime, tiesmedicīnisk and tiespsihiatrisk inspection article 71. Long lasting or permanent physical or mental ability to limit where the expertise of health and working out and disability is determined by the health and integrity of the Inspection Commission (VDEĀK) physician, governed by laws.
72. article. Tiesmedicīnisk and tiespsihiatrisk inspection carried out after the law was adopted by the offender, the Prosecutor's inquiry or the decision of the Court (judge). Tiesmedicīnisk, arrangements and tiespsihiatrisk inspection, determined by the Cabinet of Ministers.
73. article. Medical and psychiatric experts in the court action by the medical people, determined by the Ministry of welfare and the Ministry of Justice jointly approved regulations.
Transitional provisions 1. Treatment of persons who have gained qualifications categories or certificate in one of apakšspecialitāt or papildspecialitāt, and practised in more than five years, may continue their practice without obtaining the certificate of the substantive field. Certification of these professionals take place resulting in apakšspecialitāt or papildspecialitāt.

2. the Treatment of persons who have qualifying categories or certificate in one of the substantive field, apakšspecialitāt or papildspecialitāt, and practised in more than a decade when the classifier may be specialties continue their practice without obtaining the certificate of the substantive field, where the specialty is recognized as a therapeutic or diagnostic method.
3. Article 55 of the law, the first subparagraph shall enter into force on 1 March 1998.
4. With the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 177 "treatment" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1994, no. 19; 1995, no. 4, 1997, no. 5).
The law shall enter into force on 1 October 1997.
The Parliament adopted the Act of 12 June 1997.
The President g. Ulmanis in Riga 1jūlij in 1997.