Law On Alternative Treatment Of Disease, Etc.

Original Language Title: Lov om alternativ behandling av sykdom mv

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2003-06-27-64

Law on alternative treatment of disease, etc.


Date LOV-2003-06-27-64


Ministry of Health and Care Services

Edited

LOV-2015-06-19-59 from 07.01.2015, LOV-2015-06-19-65 from 10/01/2015


Published in 2003 Booklet 10


Commencement 01.01.2004

Changes
LOV-1936-06-19-9

Promulgated


Short Title
Alternative Treatment Act - albhl.

§ 1. Purpose The purpose is to promote safety for patients who seek or receive alternative treatment and to regulate the right to exercise such care.

§ 2. Scope, concepts etc. The law applies to the offering or practice alternative treatment in the kingdom.
Provisions on jurisdiction should issued pursuant to the Health § 2, second and third paragraphs apply correspondingly to this Act to the extent applicable.
With alternative treatment meant health-related treatment performed outside health and care services, and which are not exercised by authorized health professionals. Treatment applied in health and care services or by authorized health professionals, however covered by the term alternative treatment when used methods that are largely used outside health care services.
With healthcare context of this law persons as defined in the Health § 3.
When treatment is being performed in health and care services or by authorized health professionals, also applies Health Personnel. Authorized healthcare professionals to provide information and access to records corresponding to that required by the Health § 10 and § 41, even if the patient does not have rights under the patient and user rights law.

§ 3. Registration scheme The Ministry issues regulations regarding a voluntary registration scheme for health professionals and others who practice alternative treatment. Herein may contain provisions regarding

1.
Registration fee and

2.
Annual fee for maintaining registration.

§ 4. Confidentiality provisions on confidentiality in the Health §§ 21 to 25 apply correspondingly for other than health professionals who practice alternative treatment, as appropriate.

§ 5. Medical intervention or treatment which may entail serious health risk Medical intervention or treatment which may entail serious health risks for patients shall only be practiced by health professionals.
Ministry may by regulation determine the detailed content of the first paragraph.

§ 6 Treatment of communicable diseases Treatment of disease according to the law on protection against infectious diseases § 1-3 is regarded as a communicable disease shall only be practiced by health professionals.
Health personnel can still exercise treatment solely intended to alleviate or moderate symptoms or consequences of disease or side effects of conventional treatment, or whose purpose is to strengthen the body's immune system or capacity for self-healing.
Ministry may issue more detailed provisions on the treatment for other joints.

§ 7. Treatment of serious diseases and disorders treatment of other serious diseases and disorders other than those covered by § 6 shall not be exercised by persons other than health professionals.
Health personnel can still exercise treatment solely intended to alleviate or moderate symptoms or consequences of disease or disorder or side effects of conventional treatment, or whose purpose is to strengthen the body's immune system or capacity for self-healing.
Provision in the first paragraph shall not apply if the treatment takes place in cooperation or consultation with the patient's physician and the patient has to consent for patient and user Rights Act § 4-3, first and second paragraphs. The same applies for other patients if the health and care services have not curative or palliative treatment to offer patients. Consent provisions of patient and user Rights Act §§ 4-4, 4-5, 4-7 and 4-81 apply correspondingly insofar as appropriate.
Ministry may issue more detailed provisions regarding the diseases and disorders that are covered by the first paragraph, and the treatment after the second and third paragraphs.

§ 8 Protected title and marketing Only the authorization, license or specialist approval by the Health §§ 48 a to 51, have the right to use such job titles characteristic of the relevant group of health.

Personnel who have the right to practice occupational health personnel temporarily in Norway without Norwegian authorization, license or specialist approval, may use the professional title they use in the country where they are established in such a way that the title not be confused with similar Norwegian title. Personnel who have the right to practice profession as physician, specialist physician, dentist, dental specialist, nurse, midwife or provisorfarmasøyt temporarily in Norway without Norwegian authorization, license or specialist training, you use Norwegian professional designation.
Right to use Norwegian title also has other personnel who have the right to practice occupational health personnel temporarily in Norway without Norwegian authorization, license or specialist approval, if Norwegian authorization authority has checked their professional qualifications.
Only those who are registered as practitioners of alternative treatment in the register established pursuant to this Act § 3, is entitled to use the description recorded in connection with his professional designation as alternative therapist.
No need improper use titles or promote activities in such a way that it can be given the impression that he or she has authorization, license or specialist training for health personnel, cf. Subsection or registered practitioner of alternative treatment, cf. Second paragraph.
The offering alternative treatment may in its marketing only give a sober and factual nature of the business.
Ministry may issue more detailed provisions on marketing.

§ 9. Penalties Anyone who willfully or through gross negligence violates provisions of the Act or pursuant be punishable by fines or imprisonment of up to three months.
The non-medical personnel, and that the medical intervention or treatment willfully or negligently expose someone's life or health of such serious danger, either by actual processing or by the patient because of the treatment fails to seek expert help, fines or imprisonment not exceeding three months.
In particularly aggravating circumstances, imprisonment for up to 2 years may be imposed. In assessing whether such circumstances exist, particular attention should be paid to whether the act has caused death or serious health damage, whether it has been particularly painful or psychologically stressful, and whether the offender has previously been convicted under this section.
It does not exempt from punishment under the first and second paragraphs that he did not understand or should have understood the danger or nature of the disease.
Prosecution takes place if the public interest or at the request of the State Board of Health.

§ 10. Commencement This Act comes into force when the King bestemmer.1 King may determine that certain provisions of the Act shall come into force at different times.

§ 11. Repeal of and amendments to other Acts From the time the Act takes effect repealed the Act of 19 June 1936 No.. 9 restricting the access of the non-health workers to take sick cure.
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