Read the untranslated law here: https://lovdata.no/dokument/NL/lov/1999-07-02-64
Law on health personnel, etc. (helsepersonelloven).
Date LAW-1999-07-02-64 Department health and Human Services Department Recently changed law-2016-06-17-47 from 01.07.2016 Published entry into force 01.01.2001, the King determines, 14.04.2000 Change Announced short title Helsepersonelloven-hpl.
Chapter overview: Chapter 1. The Act's purpose, scope and definitions (sections 1-3) Chapter 2. Requirements for health occupational personells (§ § 4-15) Chapter 3. Requirements for the organisation of business (§ § 16-17) Chapter 4. Different policies in relation to the authorization, requests for police certificate, etc. (sections 18-20 a) Chapter 5. Confidentiality and disclosure law (§ § 21-29 c) Chapter 6. Disclosure, etc. (§ § 30-34) Chapter 7. Report (§ § 35-38 a) Chapter 8. The documentation obligation (§ § 39-47) Chapter 9. Criteria for the authorization, license and specialist approval (sections 48-52) Chapter 10. Assignment and waiver of authorization, license and specialist authentication (§ § 53-54) Chapter 11. Reactions etc. by violating the provisions of the law (§ § 55-67 a) Chapter 12. The State's health care providers and Pharmacies Complaints Committee (§ § 68-72) Chapter 13. Different provisions (§ § 73-77) see previous laws July 13, 1956, 8 jan 1960 No. 1, 11 June 1971 No. 54, June 23, 1972, no. 69, 9 March 1973 No. 13, 14 June 1974 No. 47, June 13, 1980, Nr. 42, June 13, 1980, Nr. 43 and 26 apr 1985 No. 23. Chapter 1. The Act's purpose, scope and definitions section 1. The purpose of the Act's purpose is to contribute to the safety of patients and quality in the health and human services the service as well as the confidence of health professionals and health and Human Services service.
§ 2. The scope of the Act applies to health care professionals and businesses that provide health care in the Kingdom.
The King provides regulations on the application of the law in Svalbard and Jan Mayen, and can establish special rules under consideration for the on-site conditions.
To the extent that the King determines by regulation, apply the law to people on Norwegian vessels in foreign trade, in the Norwegian civilian aircraft in international traffic, on the installations and vessels in the work on the Norwegian continental shelf and on the Norwegian rescue area of responsibility.
§ 3. Definitions of health personnel is meant in this law: 1. personnel with authorization under section 48 a or license under section 49, 2. personnel in the health and care service or in pharmacies that take actions as mentioned in the third paragraph, 3. pupils and students in connection with the level of medical training performing actions as mentioned in the third paragraph.
The Ministry may by regulation determine that the law or some provisions in the law to apply to specified personnel not covered by the first paragraph, including the personnel under international law in Norway after the rules are committed to providing the right to exercise the profession as health professionals temporarily in Norway without Norwegian authorization, license, or specialist approval.
With health care refers to any action that has preventive, diagnostic, treating, health-keeping, rehabilitative or homecare purpose and performed by health care professionals.
With the health institution is meant institution that belongs under the specialist health service act and the health and Human Services service law. The Ministry may by regulation establish further provisions on the institutions that will be covered.
Chapter 2. Requirements for health occupational personells section 4. Your health care provider to perform propriety his work in accordance with the requirements of academic propriety and caring help that can be expected from health their qualifications, the nature of their character and the situation at large.
Health care providers should comply with their professional qualifications, and to obtain assistance or refer patients on where this is necessary and possible. If the patient's needs suggests that, to professional conduct occur at the collaboration and interaction with other qualified personnel. Health care professionals have a duty to participate in the work with individual plan when a patient or user has the right to such plan after the patient and user rights the law § 2-5.
By partnering with other health professionals, to the doctor and the dentist take decisions in medical and dentistry questions for investigation and treatment of the individual patient.
The Ministry may by regulation determine that certain types of health care can be provided only by personnel with special qualifications.
§ 5. The use of aides may in their business hand over certain tasks to other personnel if there is justifiable from the task's art, their qualifications and the follow-up that will be given. Aides are subject to health control and supervision personells.
Pupils and students should usually only be given tasks out from consideration for training.
section 6. Resource use health care provider shall ensure that the health assistance that does not inflict patients, health institution, insurance or other unnecessary loss of time or expense.
section 7. Urgent help health professionals to immediately give the health aid the abilities when it must be assumed that the help is urgent necessary. With the limitations imposed by the patient and user rights the law § 4-9, needed health care be given even if the patient is unable to consent, and even if the patient opposes health help.
By doubt about health help is urgent necessary, should health care providers make the necessary investigations.
The obligation does not apply to the extent that other qualified health care provider assumes responsibility to provide health help.
section 8. Health professionals must refrain by assignment shall not enjoy or be affected by alcohol or other drugs during working hours.
Drugs that are necessary because of the disease, are not considered drugs after the first paragraph. Health care providers that take such drugs, as soon as his employer to orient about this.
The Ministry may by regulation provide provisions on: 1. that health professionals should be able to be ordered to make exhalation try, blood test or similar try suspected infringement of the first paragraph, 2. ban on the consumption of drugs in a specific time period in more detail before service time starts, and 3.
that health care professionals should be able to be made for sampling with the assistance of the police in those cases health professionals refuses, or otherwise unndrar themselves, to submit a try.
§ 9. Ban on gifts, etc. in the Health service personnel must either on their own or someone else's behalf receive gift, Commission, service, or other performance that is likely to affect the health actions on a concise personells undue way.
Health care providers must also not receive from patient or use the gift, Commission, service, or other performance that has more than an insignificant value.
The Ministry may by regulation provide further provisions on which benefits are covered by the first and second paragraph.
§ 10. Information to patients, etc. The that provide health and care services, to provide information to the who is entitled to it under the rules of patient and user rights the law § § 3-2 to 3-4. In the health institutions shall be given information by the first sentence of the health institution designates.
The Ministry may by regulation provide further provisions on the duty of information.
§ 10 a. Health obligation to contribute personells to attend to minor children as dependents health care professionals will contribute to safeguarding the need for information and the necessary follow-up that minor children of the patient with mental illness, drug addiction or severe somatic illness or injury may have as a result threatens the State.
Health care providers that provide health care to the patient as mentioned in the first paragraph, shall seek to clarify if the patient has minor children.
When it is necessary to attend to the child's needs, to health personnel including a) conversation with the patient about the child's information or follow-up needs and offer information and guidance on appropriate measures. Within the limits of confidentiality to health personnel also offer child and others who have care of the child, to take part in such a conversation b) obtain consent to make follow up as health personnel deem appropriate c) contribute to that child and the people who care for the child, in accordance with the rules on confidentiality, be given information about the patient's medical condition, the treatment and the possibility of companionship. The information to be provided in a form that is customized for the recipient's individual prerequisites.
The Ministry may provide regulations that elaborates on the content of health their duties under this provision.
section 11. Rekvirering of prescription drugs Only doctors and dentists can commandeer the prescription drugs. The Ministry may by regulation determine that other health personnel with authorization or license can get limited rekvirerings right.
The Ministry may by regulation provide further provisions on rekvirering of drugs, including about designing and filling out a prescription and requisition forms. It can also be determined that certain drugs can partially or completely exempted from this dish.
§ 12. Research in connection with criminal matters doctor, nurse, Health Secretary or medical laboratory scientist should at the request of the police to take blood test or make similar survey of people who are suspected of a crime conditions under the influence of alcohol or other intoxicating or sedative when this is warranted in law and may be without danger.
Doctor should at the request of prosecutors make bodily examination of suspects in criminal proceedings when such a survey is decided after the criminal procedure § 157. Moreover, a doctor at the request of correctional make bodily examination of an inmate in the prison institution when such a survey is decided by the rules of the criminal enforcement law section 29.
When requesting rusprøve from the police, by the terms of a waiver, from the correctional, by terms of the suspended sentence, and from the Youth Coordinator, by the implementation of youth penalty and youth follow-up, to the physician, nurse, Health Secretary and medical laboratory scientist take blood test or similar rusprøve of the people who were under 18 years of age at handlingstidspunket. The obligation occurs when the person meets up to the sampling doctor, nurse, Health Secretary or medical laboratory scientist has no obligation to make surveys after the first to the third paragraph of: 1. the spouse, common-law partner, registered partner, fiancee or of relatives in a straight up-or-down ascending line, siblings or as close to the besvogrede. Same with kinship is considered adoptive and foster relationships.
2. person as health personnel have to treatment.
The Ministry may by regulation provide further provisions on the obligation to make surveys for this paragraph, and including provisions on restrictions in the fix the obligation and for relief.
section 13. Marketing the marketing of health and care services should be responsible, sober and factual.
By marketing of the business that provides health and care services, apply the first paragraph accordingly.
The Ministry may by regulation provide further provisions on the marketing of health and care services, and can including the prohibition of certain forms of the fix for marketing.
section 14. Orders of the health personnel to guard arrangements the Ministry may decide that health professionals will participate in the guard plan in the place where they live or work.
The Ministry may give further regulations on the implementation of the schemes, etc., guard.
section 15. Requirements for certificates, declarations, etc., The issuing the certificate, Declaration, etc., should be careful, accurate and objective. Certificate, Declaration, etc., should be correct and contain only information that is necessary for the purpose. Certificate, Declaration, etc., should contain all the information that health personnel should understand is of importance to the recipient and for the purpose of the certificate, Declaration, etc., Health personnel should make it clear if the certificate, Declaration, etc., only based on a limited part of the relevant information health personnel have. Health personnel who are incompetent after management law § 6 shall not issue the certificate, Declaration, etc., When health care professionals understand that it may have particular significance how particularly sensitive facts are described in a certificate, Declaration, etc., to an insurance company, he or she should take this up with the patient.
When it will be disclosed to a information health insurance company, and the company can understand this information as the expression of a serious illness, the patient will be briefed about this first, if it must be assumed that he or she is unfamiliar with the relationship.
The Ministry may by regulation establish further provisions on the design of and content of the certificates, statements, etc.
Chapter 3. Requirements for the organisation of business section 16. The Organization of the business that provides health and care services Business that provides health and care services, should be organised so that health personnel will be able to comply with their statutory duties.
The Ministry may by regulation establish further provisions on of those of drugs through your business procedures to be able to replace the heal or tannleges individual of those to individual patients.
§ 17. Information about the conditions that can cause hazard for patients Health personnel on its own initiative provide supervisory information about conditions that can cause hazard for patients ' safety.
Chapter 4. Different policies in relation to the authorization, requests for police certificate, etc.
§ 18. Message about the health of business personnel with personells Health authorization or license in private business to notify the municipality or regional health authority when they open, taking over or step into business that is covered by the law. Message should also be given by your company's termination.
If health care professionals to provide services to children or people with retardation, police certificate as mentioned in section 20 a is attached to the message. Contains the message a police certificate with annotations, it immediately sent the County.
The Ministry may by regulation provide further provisions on what information is to be given after the first paragraph, when these should be provided and how they should be registered and be shared to a central registry.
§ 19. Message to the employer about the bierverv and other involvement in the other business Health personnel with authorization or license shall on its own initiative provide the employee information about the bierverv and commitment, ownership, etc., in other business that will be able to come into conflict with the main work givers interests.
The employer may in addition require that health personnel with authorization or license gives details of all level of medical business that health personnel perform as self-employed, for other work or principals in Norway or abroad, and if the owner interests, relationships, etc., It should be given information on your business name and the nature and extent of health personells bierverv or engagement.
This provision does not limit the obligation to educate people about the bierverv arising out of the agreement or other legal rules.
section 20. Duties after the patient injury Act it as outside of the public service health and human services provides health care as mentioned in patient injury Act, to notify and provide grants to the Norwegian Patient injury compensation after the patient injury Act section 8.
§ 20 a. demands for police certificate health care professionals to provide health and care services to children will present a police certificate as mentioned in the police register Law § 39 the first paragraph by the offer of position, by entering into the agreement after health and Human Services service law § 3-1 fifth joints, dental health service law § 4-2 the first paragraph and specialist health service law § 2-1 a sixth paragraph, as well as upon notification of opening, takeoff and entry into private business, jf. § 18.
Health care professionals to provide health and care services to people with developmental disabilities to be in cases as mentioned in the first paragraph to present a police certificate that shows whether the person is indicted, prosecuted, fined or sentenced for offences is violation of violation of law 22. May 1902 No. 10 Almindelig bourgeois criminal law § § 192, 193, 194, 195, 196, 197, 199, 200 second paragraph, LITRA c 201, 203 or 204 a and the Penal Code § § 291, 293, 294, 295, 296, 299, 301, 302, 303, 304, 305, 306, 309, 310, 311, 312 and 314. Infringements will be anmerkes in accordance with the Police Act No. registry 41 1. The duty after the first and the second paragraph does not include personnel who only occasionally perform such services and which in General will not be alone with children or people with developmental disabilities.
Police certificate as mentioned in the first and the second paragraph shall not be older than three months.
The who has adopted procedures or are convicted of violations of the law 22. May 1902 No. 10 Almindelig bourgeois criminal law § § 192, 193, 194, 195, 196, 197, 199, 200 second paragraph, LITRA c 201, 203 or 204 a or the Penal Code § § 291, 293, 294, 295, 296, 299, 301, 302, 303, 304, 305, 309, 310, 311, 312 and 314, is excluded from the provision of health and care service to children or people with developmental disabilities.
Chapter 5. Confidentiality and disclosure law § 21. A general rule of confidentiality Health personnel to prevent others from access or knowledge of information about people's bodily or illness conditions or other personal conditions as they get to know the property of being a health care professional.
§ 21 a. Ban against improper appropriation of taushetsbelagte information it is forbidden to read, search for, or otherwise acquire, use or possess information as mentioned in section 21 without that it is justified in health care to the patient, administration of such aid or have special legal authority in the Act or the regulations.
§ 22. Consent to provide information confidentiality under section 21 is not preclude that information be made known for the information directly relates to, or for the other to the extent that the requirements on silence agrees. An insurance company may still not get access or knowledge of information that the information directly relates to, London after patient and user rights the law § 5-1 the second paragraph.
For persons under 16 years shall apply the rules of the patient and user rights the law § § 4-4 and 3-4 second paragraph equivalent for consent under subsection.
For people over 16 years of age who are not in a position to consider the question of the consent of the reasons mentioned in the patient and user rights the law § 3-3 the second paragraph, the next of kin give consent after the first paragraph.
§ 23. Limitations of confidentiality confidentiality under section 21 is not a hindrance for the: 1. that the information is given the that from before is familiar with the information, 2. that information is given when no justified interest dictates secrecy, 3. that information is given on when the need for protection must be taken care of by the individualiserende characteristics are omitted, 4. that information is given on when weighty private or public interests make it rightfully giving information on ,
that the information be passed on when health professionals through his professional practice has reason to believe that animals are exposed to such abuse or serious failure regarding the environment, supervision and care that it is considered legitimate to give the information on to the Norwegian food safety authority or the police or 6.
that the information be passed on after the rules set out in the Act or in pursuance of the law when it is expressly stated or clearly provided that the confidentiality obligations shall not apply.
section 24. Information after a person's death of confidentiality under section 21 is not preclude that information about a deceased person be passed on if the weighty reasons for this. In the assessment of whether the information is to be given, it shall be taken into account to the deceased's presumed will, opplysningenes art and the relatives and the community's interests.
Next of kin has the right to access to the journal after a person's death if not special reasons speaking against it.
§ 25. Information to the cooperative personnel unless the patient opposes it, can taushetsbelagte information is given to the cooperative personnel when this is necessary in order to provide proper health care.
Confidentiality under section 21 is also not preclude that personnel who assist with the electronic processing of the information, or to assist with service and maintenance of equipment, can access the information when such assistance is required to meet the statutory requirements for documentation.
Unless the patient opposes it, can taushetsbelagte information is given to the cooperative personnel when this is necessary to attend to the needs of the patient's children, jf. helsepersonelloven § 10 a. Personnel as mentioned in the first, second and third paragraph has the same confidentiality as a health care professional.
§ 26. Information to the enterprise management and administrative systems that provide The health care, can provide information to the enterprise management when this is necessary in order to provide health care, or for internal control and quality assurance of the service. The information will be as far as possible, be given without individualiserende features.
By cooperation on management private health records for patient Act section 9 can such information also be given to the management of the cooperative business.
The that provide health care, without the impediment of confidentiality in section 21 give the person a patient patient's Enterprise Administration social security number and information about the diagnosis, any help needed, service offerings, input and discharge date as well as the relevant administrative data.
The rules on professional secrecy applies to personnel in patient administration.
§ 27. Information as an expert of confidentiality under section 21 does not preclude that a health care professional who acts as an expert provides information to the client, if the information is received during the execution of the mission and has importance for this.
The acting as an expert, to make the patient aware of the mission and what this implies.
section 28. Information to the employer the Ministry may give access to regulations on giving information about an employee's health issues on to the employer, to the extent that the information relates to the employee's fitness to a particular work or mission.
section 29. Information for research, etc. The Ministry may decide that the information to be given to or can use in research, and that it can happen without the obstacle of confidentiality under section 21. To such decision can be attached terms and conditions. The rules on confidentiality under this Act applies to the person receiving the information.
The Ministry may delegate authority under subsection to the Regional Committee for medical and health professional research ethics.
The Ministry may by regulation provide further provisions on the use of taushetsbelagte information in research.
The Ministry may by regulation regulate the right to health and personells disclosure use of taushetsbelagte information for purposes other than health care, when the patient has given consent. It comes to purpose as insurance, credit institutions, etc.
section 29 a. information about the special reaction condemned foreigners Statutory confidentiality does not preclude that there be given the necessary information about the special reaction condemned foreigners to immigration authorities to use in a deportation case.
By the expulsion of an alien who endures a criminal, special reaction, is statutory confidentiality do not preclude that it to health and care service in the receiving State is given information that is required for the receiving State should be able to consider the person's need for health need to follow-up or subjected to a treatment that can help protect the community there to as mentioned in gjentakelsesfare Penal Code section 62.
section 29 b. Information to health analysis, quality assurance, management, etc. The Ministry may decide that health information can or should be given to the use of health analysis and quality assurance, management, planning or the management of health and human services the service, and that it should happen without regard to confidentiality. This can only happen if the treatment of the information is of significant interest to the community and the consideration of the patient's integrity and welfare is taken care of. The degree of personal identification should not be greater than is necessary for that purpose. Only in special cases, permission is granted to the use of direct person identifiable information such as your name or identity number. The rules on professional secrecy applies to the person receiving the information.
The Ministry may set the terms for the use of the information after the paragraph here.
section 29 c. Information for use in the learning work and quality assurance unless the patient opposes it, taushetsbelagte information for special request is granted to other health professionals who have previously provided health care to the patient in a concrete treatment sequence, for quality assurance of health help or their own learning. The processing of the request can be automated. Health professionals can only be provided the information necessary and relevant for the purpose. In the patient's journal to the documented who has been extradited to information and what information has been disclosed, jf. section 40.
Chapter 6. Disclosure, etc.
section 30. Information to State health supervision and the County Health personnel should give the State health supervision and the County access to business premises, and provide all of the information that is considered required for the exercise of supervision of health business personells. Health care professionals should conclude confidentiality disclose the documents, audio and video recordings and the like as is required by the State health supervision and the County.
section 31. Information to the emergency services, States health professionals to alert the police and fire departments if this is necessary to stave off serious damage to your person or property.
section 32. Information to the municipal service health and human services The providing health assistance, in their work should be aware of the conditions that should lead to action from the municipal service health and human services, and shall on its own initiative provide the municipal health and care service information about such conditions after having obtained the consent of the patient, or as far as the information otherwise can be given without the obstacle of confidentiality under section 21.
Without the obstacle of confidentiality under section 21 to health care providers on its own initiative provide information to the municipal health and care service, when there is reason to believe that a pregnant woman abusing drugs in such a way that it is highly likely that the child will be born with injury, jf. health and Human Services service law § 10-3. Even after orders from the agencies that are responsible for the implementation of the municipal health and Human Services service law, to health care professionals provide such information.
In the health institutions shall be appointed a person who should be responsible for the extradition of such information.
section 33. Information to the child welfare service it that provide health care, in his work be aware of conditions that can lead to measures from the child welfare service's page.
Without the obstacle of confidentiality under section 21 to health care providers on its own initiative provide information to the child welfare service when there is reason to believe that a child is being abused in the home or the existence of other forms of serious neglect, jf. the law on child protection services section 4-10, § 4-11 and section 4-12. The same is true when a child has shown sustained and serious behavioral, jf. the aforementioned law § 4-24.
Even after orders from the agencies that are responsible for the implementation of the law on child protection services, to health care professionals provide such information.
In the health institutions shall be appointed a person who should be responsible for the extradition of such information.
section 34. Information in connection with a driver's license and certificate a doctor, psychologist or optician who find that a patient with a driver's license for a motor vehicle or certificate for aircraft, does not meet the health requirements, should encourage the patient to mail your license or certificate. If the patient's State of health is believed not to be short lived, to health personnel as mentioned give message to public authorities after further rules set by the Department in regulation.
The Ministry may by regulation provide further provisions to the execution and the completion of the first paragraph, and can give the rules in subsection corresponding application in relation to patients who have service outside the aircraft, if the service has the meaning for aviation security.
Chapter 7. Report section 35. Notification of births doctor or midwife to give notice of birth to the population register authority. In the message, it should be stated who is the father of the child under the rules of children's law sections 3 and 4, or who the mother has stated that the father of the child in cases where paternity is not clarified. The Ministry may by regulation determine that such messages also will contain other information.
If paternity is not clarified or the parents do not live together, the message will be sent to both the birth population register authority and the recorder.
It is to be given birth even if the message the child is stillborn.
Doctor or midwife to give notice of birth or abortion after the twelfth week to the medical birth register in accordance with the regulations issued pursuant to the health registry law.
section 36. Message about deaths Doctors should provide the Declaration of death as they become familiar with in their business. The Ministry provides regulations on statements.
Doctors who have given the medical certificate of death, or who have provided health care to a person before he or she died, to give relevant information about the municipality doctor cause of death. The municipality of doctor should give the information on to the statistics.
There is reason to believe that the death is unnatural, going to the doctor inform the police in accordance with the regulations laid down by the Ministry.
Is the investigation taken to clarify if death is caused by the criminal offence, to the doctor give the right information of significance for the case, if the Court requests this.
section 37. Message to health registries, etc. the King can impose health personnel with authorization or license to provide information to health registries in accordance with the regulations issued pursuant to the health registry law.
section 38. Notification of significant personal injury Health personnel with authorization or license shall as soon as possible, give written notice to the County of significant personal injury voldes on patient as a result of the performance of health care, or by a patient or user injury another. It should also be reported on events that could have led to significant injury.
Sign the obligation for health professionals after the first paragraph does not apply if the health institution has to report duty after the law on the specialist section 3-3.
Ikr not., see res. 1 des 2000 Nr. 1199. § 38 a. Message about the need for individual plan and Coordinator health professionals should give notice as soon as possible about patients ' and users ' needs for individual plan and Coordinator, cf. patient and user rights the law § 2-5, health and Human Services service law § § 7-1 and 7-2, as well as the specialist health service law § 2-5 a. health professionals that provide specialist health services, shall give notice to the coordinating unit for the habiliterings and rehabilitation activities in the specialist health service. Other health professionals to give the message to the coordinating unit for the habiliterings and rehabilitation activities in the municipality.
Chapter 8. Documentation duty section 39. The duty to lead The health journal that provides help, to keep records or record information as mentioned in section 40 in a journal for the individual patient. The obligation to cause the journal does not apply to collaborative health care professionals that provide help for instruction or guidance from other health professionals.
In the health institutions shall be appointed a person who should have the overall responsibility for the individual, including the journal and take a position to what information should be left in the patient journal.
The Ministry may by regulation impose health personnel as mentioned in the first paragraph to lead own journal that the patient keep himself (own journal).
section 40. Requirements to the journal's content and the journal shall be in accordance with good professional practice and should contain the relevant and necessary information about the patient and the health assistance, as well as the information necessary to fulfil the notification or disclosure set out in law or pursuant to law. The journal should be easy to understand for other qualified health care professional.
It should be stated who has led the information in the register.
The Ministry may by regulation provide further rules on patient journal's content and responsibility for the journal after this decision, including whether the storage, transfer, termination and of the journal.
§ 41. Duty to provide patients access to journal The that provide health care, to provide visibility into the journal to the claim that under the rules of patient and user rights the law § 5-1.
In the health institutions will be the overriding responsibility for the journal under section 39, make sure it is given visibility after the first paragraph.
§ 42. Correction of the journal Health personnel as mentioned in section 39 are requirements from the info applies, or on its own initiative, correct, incorrect, defective or undue information or statements made in a journal. Correction shall be made by the journal is recognized again, or by a dated correction will be appended in the journal. Correction should not happen in that information or statements will be deleted.
If the claim for correction will be rejected, to the requirement of correction and the grounds for refusal be recorded once in the journal.
Refusal of requests for correction can be appealed to the County determines whether the correction can be made.
The Ministry may by regulation provide further provisions for correction after this decision.
section 43. Deletion of journal information After claims from the journal the information applies, or on its own initiative, to health personnel as mentioned in section 39 delete information or statements made in the register, if this is ubetenkelig out from the general interest, not contrary to the provisions of or in pursuance of section 9 section archive or 18 and: 1. the information is false or misleading and feels stressful for the they apply or 2.
the information is clearly not necessary to give the patient health care.
If a claim for deletion is declined, to the requirement of deletion and grounds for refusal recorded in the journal.
The refusal of a claim for deletion can be appealed to the County. If the County believes that the deletion may be in violation of section arkivlova § 9 or 18, it should be sought the opinion of the Mayor of arkivaren.
The Ministry may by regulation provide further provisions for deletion after this decision.
§ 44. Journal on the wrong person After claims from the information applies, or on its own initiative, to health personnel as mentioned in section 39 delete journal, or information or statements made in a journal, which is brought on the wrong person, unless the public interest dictates that deletion should not be made. The rules in section 43 to fourth paragraph applies accordingly.
§ 45. Disclosure of and access to the journal and journal information unless the patient opposes it, to health care professionals to provide or provides health care to the patient under this Act, be granted the necessary and relevant health information to the extent that this is necessary in order to provide health care to the patient in the proper way. It should be disclosed in the journal that other health personnel are given health information.
Health information as mentioned in the first paragraph can be provided by the data manager responsible for the information or the health care professionals who have documented information, cf. § 39.
The Ministry may by regulation provide further provisions to the filling of the first paragraph, and can including decide that other health care can be given access to the journal also in cases that fall outside the first paragraph.
§ 45 a. Case the patient should be given the opportunity to educate the who case is to be sent. Unless the patient opposes it, the discharge from the health institution is sent to the case in their basic or referring health care professionals, to the health personnel who need the information in order to be able to give the patient the proper follow up, and to the patient's regular doctor. It should also be sent case by outpatient treatment or treatment by a specialist.
If it is not possible to send the case at the time of discharge, the case no matter is sent within the proper time after the health assistance is terminated.
With the case meant the summary of the available journal information in relation to the examination or treatment of a patient that are necessary for further treatment or follow-up of the patient within the health and human services the service can take place in a proper manner. The Ministry may by regulation provide further provisions on the obligation for the first and second joints, including the who case is to be sent, what information should contain epikrisen, and when the epikrisen is going to be sent.
section 46. (Repealed by law 19 June 2015 No. 60 (ikr. 1 July 2015 CISPR. June 19, 2015 Nr. 674).)
§ 47. Records and the journal as evidence in a trial or administrative case on occupational health, personells records, journal and journal material presented is required as evidence in original or verified photocopy or printing.
Chapter 9. Criteria for the authorization, license and specialist authentication section 48. Authorization Authorization scheme under this Act includes the following groups of health professionals: a) the ambulance works b) pharmacy technician c) audiologist d) medical laboratory scientist e) occupational therapist f) Health Sciences working g) foot therapist h) physiotherapist in) Health Secretary j) help tend k) midwife l) chiropractor m) clinical nutritionist n) physician o) carer p) optician q) orthopedics engineer r) s perfusjonist ortoptist) t) psychologist u) radio graph v) nurse w) Dental Assistant x) y) dentist tooth usually z) dental technician æ) cherish tend ø) provisorfarmasøyt to) the Ministry may reseptarfarmasøyt in regulations determine that health personnel groups not covered by the first joints, can be given authorization after application. By the decision to the emphasis on the consideration of patient safety, content and purpose of the education, the extent to which the profession is exercised independently and the objective of harmonization with other countries.
§ 48 a. criteria for authorization under section 48 straight to the authorization after application has it as a) has passed the examination in that subject at the Norwegian University, college or secondary education, b) have passed the foreign exam which is recognized by Treaty of mutual approval under section 52, c) has conducted education and passed the foreign exam, which recognised as being equivalent by the equivalent of Norwegian education and examination , or d) has to have the at issue required skill at passing the exam in health professional education, and additional education or professional experience.
The applicant must, in addition, a) be under 80 years, b) not be unsuitable for the profession, and c) have implemented practical service, or fulfill additional requirements if these are set out in the regulations after the third paragraph.
The Ministry may by regulation fix the requirements about the convenient service and additional requirements for authorization for the individual health professional group and the implementation of such requirements. The Ministry may also decide that the requirements should apply to those who already have authorization or public approval when the regulation takes effect.
section 49. License health professionals who do not have the right to the authority under section 48 a, can be given the license upon application. The license can only be provided to health personnel who are fit out the nature and scope of the licence.
The license may also be given to health personnel with foreign examination that is recognized by Treaty of mutual approval under section 52.
The license may be limited in time, to a specific post, to certain types of health care or otherwise.
The Ministry may give further regulations on the conditions to get the license and the conditions that can be attached to it, including that the requirements should apply to those who already have a license by forskriftens entry into force.
§ 50. Limit license Public employee and authorized health care providers in Sweden and Finland in the work along the border to Norway, can exercise business in the neighboring municipalities of Norway without Norwegian authorization or license pursuant to section § 48 and 49.
§ 51. Specialist Education Ministry can provide regulations on specialist education for authorized health professionals and the approval of specialists. It can among other things be given provisions of a) the content and length b) educational institutions, including the approval of the educational institutions of the educational organization c) positions d) that the terms will apply to those who already have specialist authentication by entry into force forskriftens.
§ 52. International agreements on the basis of customary rules that Norway is committed by can authorization, license, approval and specialist the right to exercise the profession as health professionals temporarily in Norway without Norwegian authorization, license or approval is given to specialist, Norwegian or foreign citizen.
The Ministry may in regulations provide further provisions to the filling of the first paragraph, and can including specific criteria for approval stipulate that are required to fulfill international agreements.
Chapter 10. Assignment and waiver of authorization, license and specialist authentication section 53. The granting of authorization, license and specialist health services approval or the the authoring provides authorization, license and specialist authentication against the closer set out allowance. Health Directorate or the the authoring also provides the right to exercise the profession as health professionals temporarily in Norway without Norwegian authorization, license, or specialist endorsement, cf. § 52 first paragraph. The Ministry may in regulations impose on the individual educational institution and others with educational responsibility to give authorization for the educations where there is no required convenient service, cf. section 48 a second paragraph, LITRA c and a third paragraph 48.
Health Directorate or the the authoring may deny an applicant authorization, license, approval or specialist the right to exercise the profession as health professionals temporarily in Norway without Norwegian authorization, licence or approval, the specialist if circumstances exist that would give grounds for revocation under section 57.
The decision by the first and second paragraph are individual decisions by administrative law.
If there is reason to believe that the callback reason, Health Directorate or the authorised health professionals it impose to submit to examinations as referred to in section 60.
§ 54. Lapse of authorization, authentication and Authorization license, license specialist or specialist approval lapses when he or she fills 80 years. Job title may still be used.
People over 80 years may still be granted the license and specialist on certain conditions approval, jf. section 49 the fourth paragraph and section 51.
Chapter 11. Reactions etc. by violating the provisions of the law § 55. (Repealed by law June 7, 2013 No. 29 (ikr. 1 jan 2014 CISPR. 6 des 2013 No. 1398).)
section 56. Warning state health supervision can give warning to health care providers who intentionally or negligently contravenes the duties under this Act or regulations given in pursuance of it, if the duty is liable to breakup cause danger for the security of service health and human services, to inflict patients or users a significant load or substantially to weaken the confidence of health professionals or health and Human Services service.
State health supervision can give warning to health care providers who have expelled a behavior that is suitable to the materially to weaken the confidence of the occupational group concerned.
Warning are individual decisions by administrative law.
§ 57. Revocation of authorization, license or approval state health supervision specialist can call back authorization, license or approval provided specialist is unfit to exercise their profession safely because of serious mental disorder, mental or physical impairment, long absence from the profession, the use of alcohol, drugs, or funds with similar effect, gross lack of professional insight, reckless business, rough duty violation under this Act or regulations given in pursuance of the , or because of behavior that are considered incompatible with professional conduct.
Authorization, license, or specialist can be called back if approval holder despite warning fails to comply with the statutory requirements.
Authorization, license, or specialist authentication can also be recalled if the terms set out in the regulations under section § 48 a, 49 or 51 are not met.
Authorization, license, or specialist on the basis of approval given the corresponding approval in another country, can be called back if the approval in this country loses its validity.
The revocation are individual decisions by administrative law.
section 58. The suspension of the authorization, license and approval if there are specialist reason to believe that the criteria for recall are present and health personnel is considered to be a danger for the security of service health and human services, State health supervision suspend authorisation, licence or specialist until there is approval taken final decision in the case. The suspension can be made current in six months, and can be extended once with a further six months.
Suspension are individual decisions by administrative law.
section 59. Limitation of the authorization state health supervision can limit the authorization to apply the exercise of specific activities under certain conditions.
Such limitation can be determined in cases where a health care professional, despite the fact that the conditions for the revocation have been met, are considered fit to exercise the business on a limited field under the supervision and guidance.
State health supervision can cancel restrictions on application under subsection if health staff will make that it is no longer the basis for such limitations or that the criteria that were set have been met.
Decision on the limitation of the authorisation and refusal of the application for the repeal of the stipulated limits are individual decisions by administrative law.
§ 59 a. Limitation of the authorization without conditions for the revocation have been met even though the conditions for revocation under section 57 is not met, the State health supervision restrict the authorization to apply the exercise of particular business under certain conditions if the warning pursuant to section 56 does not appear to be sufficient to ensure the Act's purposes. By the assessment should especially be added weight on if there is reason to believe that the health personnel of the reasons mentioned in section 57 may be unfit to exercise their profession safely if the authorization is not limited.
State health supervision can cancel restrictions on application under subsection if health staff will make that it is no longer the basis for such limitations or that the criteria that were set have been met.
Decision on the limitation of the authorisation and refusal of the application for the repeal of the stipulated limits are individual decisions by administrative law.
section 60. Order an expert examination in cases where the revocation of authorisation, licence or specialist to be considered, approval of the State health inspectorate can impose health personnel to submit to medical or psychological examination of expert witnesses.
State health supervision can suspend the authorisation, licence or specialist approval as long as the orders after the first paragraph not be complied with.
section 61. Volunteer waiver of authorization, license, or specialist health professionals authentication can even forgo the authorization, license, or specialist authentication by written statement to the County. Authorisation, license or approval document to specialist as far as possible be filed at the same time.
section 62. New authorization or license State health supervision can give health professionals who have lost their authorization, license, or specialist authentication by revocation or voluntary waiver, new authorization, license, or specialist if that person will make approval that he/she is fit. New authorization can be restricted under section 59.
Refusal of application for new authorization or license are individual decisions by administrative law.
§ 62 a. order submission of patient file state health supervision can by the revocation and suspension of the authorisation, licence or specialist health care approval to impose deliver into their patient file to the County Governor or the Norwegian health file.
The Ministry may by regulation provide closer on terms of provisions to issue orders about the filing, access to and use of the archives and files depot status in the Norwegian health file.
section 63. The loss of the right to commandeer the drugs in Group A and B If physicians ' or tannlegers rekvirering of drugs in Group A and B are considered reckless, State health supervision in whole or in part, call back the right to commandeer such drugs for a certain time or forever. The same is true for other health care as set out in the regulation in pursuance of section 11 is given limited the right to commandeer the drugs.
The right to commandeer the drugs in Group A and B given on the basis of the corresponding approval in another country, can be called back by the State health supervision if the validation in the other country.
Health care providers may even renounce the right to commandeer the drugs as mentioned in the first paragraph by written declaration to the County. A waiver is binding in the period in which it is given.
If the criteria for the callback is still fulfilled by the expiration of the time limit after the first paragraph, State health supervision hit the new decision under subsection.
When doctors or dentists do not even have the right to commandeer the drugs in Group A and B, the municipality doctor, Department superior or County dentist to commandeer the medicines that are necessary in his or her business. These can also accept that a different health care professionals make rekvireringen.
Decision on the revocation of the right to rekvirering are individual decisions by administrative law.
section 64. The suspension of the rekvirerings right if there is reason to believe that the criteria for calling back rekvirerings the right is met and health professionals is considered to be of danger to the security of service health and human services, the State's health regulatory agencies the right to suspend the commandeer the drugs as mentioned in § 63 until the matter is settled, but not beyond six months. If health staff forhaler case, the suspension may be extended once by an additional six months.
Decision on the suspension of the rekvirerings right is individual decisions by administrative law.
section 65. Abbreviation of the term for the loss of rekvirerings the Court If there are proper, the State health supervision after application give health personnel back the right to commandeer the drugs in Group A and B before the expiry of the time limit laid down.
Rejection of such application are individual decisions by administrative law.
§ 65 a. Reactions to temporary professionals State health supervision can impose the following reactions to health personnel as a performer the profession temporarily in Norway without Norwegian authorization, license, or specialist endorsement, cf. § 52 first paragraph: a) warning b) revocation of the right to exercise the profession temporarily c) suspension of the right to exercise the profession temporarily d) the limitation of the right to exercise the profession temporarily e) entire or partial revocation of the right to commandeer the drugs in Group A and B.
f) suspension of the right to commandeer the drugs in Group A and B.
The reactions on the same terms imposed on them and following the same rules that the imposition of the corresponding reactions in § § 56-59 a and § § 63-64.
§ 66. Information to the employer and to other countries the State health inspectorate shall notify the employer by warning, revocation, voluntary waiver or suspension of authorization, license, approval or specialist rekvirerings right or limitation of authorization. With the employer is meant also public authority which has the operating agreement with the health personnel.
If health staff driver independent practice with the operating agreement, to the State's health inspectorate give the right public authority a notice when there is justified suspicion that the terms of the said decision is available, and the decision will have meaning for the opportunity to meet the operating agreement.
By the revocation, voluntary waiver or suspension of authorization, license, approval or specialist rekvirerings right or by restriction of the authorization, to the State's health supervision under the right the countries Norway is obliged to inform international rights.
section 67. Penalty it as intentional or grossly negligent breach of the law or regulations in pursuance of it, is punishable by fines or imprisonment for up to three months.
Public prosecution takes place if the public interest requires it or by petition from the State health supervision.
section 67 a. Ban on the use of messages by the specialist health service law § 3-3 as the basis for creating the case against health personnel in pursuance of Chapter 11 message to the Health Directorate for specialist health service law § 3-3 cannot itself form the basis to launch the case or make decisions about the reaction in pursuance of Chapter 11 in the law here. The same goes for the petition for prosecution under section 67 the second paragraph.
Chapter 12. The State's health care providers and Pharmacies Complaints Committee § 68. The State's health care providers and Pharmacies Complaints Committee creates a State health personnel Board (HPN). In cases by pharmacies Act to be the Committee call themselves Pharmacy Complaints Committee (AKN).
The State's health care Committee is complaint body for decision pursuant to section § 53, 56-59 a and 62-65 a. Pharmacy complaints board is the complaint body for decision as laid down in pursuance of the pharmacy Act section 9-1 the first paragraph.
section 69. The Organization of the State's health care providers State health board personnel Committee should be an independent body with a high level of medical and legal expertise as appointed by the Ministry for three years at a time.
The State's health care Committee shall consist of three lawyers, one of whom is the Chairman of the Committee, as well as three people with a health professional background and a leg representative.
The State's health care Committee may appoint two experts for assistance in the particular case.
The Ministry may by regulation provide further rules on the Organization of the State's health care Committee.
section 70. The State's health care providers nemnds business the Ministry may by regulation provide further rules on the proceedings in the State's health care Committee.
§ 71. The Court trial decision in State health personnel Board pursuant to section § 53, 56-59 a and 62-65 a can be brought before the Court, which can try all sides of the issue.
The Court may by order decide that the decision under the provisions of the first paragraph shall have effect until it is hit final decision in the case or before the final verdict is.
The provision does not preclude that the decisions can be brought before the Storting's Ombudsman for the management.
section 72. (Repealed by law 21 des 2000 No. 127 (ikr. 1 jan 2001 CISPR res 21 des 2000 No. 1359).)
Chapter 13. Different provisions section 73. Compensation for loss, suspension and revocation if the decision regarding suspension or revocation is found to be invalid or are transformed by for some reason, it required compensation for suffered loss after ordinary tort rules.
§ 74. The use of the protected title only the authorization, license, or specialist has the right to approval to use such professional designation of the competent group of health care professionals. This is also true for the one who had authorization, license, or specialist up to the approval lapse due to age, cf. § 54 the first paragraph.
Personnel who have the right to exercise the profession as health professionals temporarily in Norway without Norwegian authorization, license or approval can use specialist, the professional designation they employ in the country where they are established, in such a way that the title is not to be confused with the corresponding Norwegian title. Personnel who have the right to exercise the profession as a doctor, medical specialist, dentist, dental specialist, nurse, midwife or provisorfarmasøyt temporarily in Norway without Norwegian authorization, license, or specialist authentication, use the Norwegian professional designation.
The right to use the title Norwegian also has other personnel who have the right to exercise the profession as health professionals temporarily in Norway without Norwegian authorization, license or approval, if the specialist Norwegian authorization authority has checked his or her professional qualifications.
No need to use improper titles or advertise business in such a way that it can be given the impression that he or she has authorisation, licence or specialist approval.
The Ministry may by regulation provide further provisions about which titles that are protected under this section.
§ 75. Entry into force the law will take effect from the time that the King decides. 1 the King may decide that the individual provisions of the law to take effect to a different time.
section 76. Transitional arrangements Regulations, etc., given with the legal authority of the laws that repealed or changed when the law here will take effect, apply to the extent that they are not contrary to the law or regulations set forth here under the legal authority of the law.
The entry into force of the law as have authorization, public approval as health personnel, license or specialist approval, retains its authorization, approval, license or approval under this Act specialist.
People between 75 and 80 years who had authorization, license, or specialist that lapsed when the age of 75 years, may give notice to the Health Directorate or the the authoring of return the acquisition until they fill 80 years. Health Directorate or the the authoring to without allowance provide such authorization, license, or specialist approval. The provisions of § 53 second, third and fourth paragraph and section 68 the second paragraph first sentence applies.
The Ministry may establish regulations for implementation of the law, including transitional provisions.
§ 77. Repeal of and changes in other laws from the time the law takes effect, suspended the following laws:--from the same time made the following changes in other laws:-
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