The Law On Patient And User Rights (Patient And User Rights The Law)

Original Language Title: Lov om pasient- og brukerrettigheter (pasient- og brukerrettighetsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/1999-07-02-63

The law on patient and user rights (patient and user rights the law).

Date LAW-1999-07-02-63 Department health and Human Services Department Recently changed law-2016-06-17-45 from 01.07.2016 Published entry into force 01.01.2001, 01.07.2001 Change Announced short title patient and user rights the law-pbrl.

Chapter overview: Chapter 1. General provisions (§ § 1-1-1-3) Chapter 2. The right to health and care services and transportation (§ § 2-1-2-8) Chapter 3. The right to participation and information (§ § 3-1-3-6) Chapter 4. Consent to health care (§ § 4-1-4-9) Chapter 4 a. health care to patients without consent expertise who oppose health help etc. (§ § 4A-1 4A-11)
Chapter 5. The right to the journal access (§ § 5-1-5-3) Chapter 6. Children's special rights (§ § 6-1-6-5) Chapter 7. Appeal (§ § 7-1-7-6) Chapter 8. Patient and user representatives (§ § 8-1-8-8) Chapter 9. Effective date and changes to other legislation (§ § 9-1-9-2) The title changed by law June 24, 2011 No. 30 (ikr. 1 jan 2012 CISPR. 16 des 2011 Nr. 1252).

Chapter 1. General provisions § 1-1. Purpose The purpose is to help ensure the population equal access to the services of good quality by providing patients and users rights to health and Human Services service.
The Act's provisions will help to promote trust between the patient and the user and the service health and human services, promoting social security and ensure respect for the individual patient's and user's life, integrity and human dignity.

§ 1-2. The scope of the law applies to all who stay in the Kingdom. The King can make exceptions in the regulation from Chapter 2 of the law for people who are not Norwegian nationals or do not have permanent residence 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 it is determined by the King of the regulations applies to the law for the people on the Norwegian ships in foreign trade, in the Norwegian civilian aircraft in international traffic and of the installations and vessels in the work on the Norwegian continental shelf.

§ 1-3. Definitions in the law here is meant by a. patient: a person who applies to the health and Human Services service with request for health care, or health and Human Services service provides or offers health assistance in each case;

b. the patient's relatives: the patient provide as relatives and next of kin. If the patient is unable to provide the next of kin, to next of kin will be the one to the greatest extent have lasting and continuous contact with the patient, yet so that the starting point is taken in the following order: spouse, registered partner, 1 people who live in ekteskapslignende or partnerskapslignende cohabitation with the patient, children over 18 years of age, parents or others with parental responsibility, siblings over 18 years , grandparents, other family members who are close to the patient, guardian or future Attorney with expertise on your personal site. By forced observation or compulsory mental health care has it that to the greatest extent that have had lasting and continuous contact with the patient the equivalent rights as the next of kin after the mental health protection act and the law here, if not special reasons against this.

c. health care: actions that has preventive, diagnostic, treating, health-keeping, rehabilitative or nursing and care purposes, and which is carried out by health care professionals;

d. health and Human Services service: the municipal service health and human services, the specialist, dental clinics and private providers of health and care services;

e. health personnel: persons referred to in the Act on health care professionals section 3;

f. user: a person requesting or receiving the services covered by the health and Human Services service law that are not health aid by letter c.

Chapter 2. The right to health and care services and the transport section 2-1. (Repealed by law June 24, 2011 No. 30 (ikr. 1 jan 2012 CISPR. 16 des 2011 No. 1252).)

§ 2-1 a. the right to the necessary help from the municipality's health and Human Services service patient and user has the right to immediate assistance from the municipality, jf. health and Human Services service law § 3-5.
The patient and the user has the right to necessary health and care services from the municipality.
The patient and the user has the right to a worthy service offerings in accordance with the health and Human Services service law § 4-1 the first paragraph, letter b. The municipality shall provide the searcher or need health and care services, the health and management information they need to safeguard their rights.
The King can give the regulations with provisions on closer what is to be considered as the health and care services as a patient and user may be entitled to.

§ 2-1 b. The right to necessary health care from specialist health service the patient has the right to immediate health assistance, jf. specialist health service law § 3-1.
The patient has the right to necessary health care from specialist health service. The specialist shall, in the course of the assessment period, cf. patient and user rights the law § 2-2 the first paragraph, fix a time limit for when the patient is at the latest to get needed health care. The time limit to be determined in accordance with the academic propriety demands. The regional health authorities can decide which institutions to determine the deadline when the patient is referred to the interdisciplinary specialized treatment for substance abuse.
Health and Human Services service to provide the searcher or need health care, the health and management information they need to safeguard their rights.
If the regional health entity has not made sure that a patient with the right to necessary health care from specialist health service will get the necessary health help within the time established pursuant to the second paragraph, have the patient the right to necessary health care without delay, if necessary from the private service provider or service provider outside the realm.
If the regional health entity cannot provide health care to a patient who has the right to necessary health care because there is not an adequate supply in the Kingdom, the patient has the right to necessary health care from service provider outside the realm within the time limit laid down by the second paragraph.
The King can give the regulations with provisions on closer what is to be considered as health care as the patient may be entitled to.
The Ministry may provide regulations with provisions on closer determination of, and information about, the time limit for providing health assistance as mentioned in the second paragraph, including a deadline for when children and young people under 23 years of mental illness or drug addiction at the latest to receive the necessary health care. The Ministry may also provide regulations with provisions on closer the Organization of, and the settlement for, services the patient has the right to receive from the private service provider or service provider outside the realm after the fourth paragraph.
The regional health authorities may decide that private businesses who have agreement with a regional health authority, should have access to assess if the patient has the right to necessary health care from specialist health service and fix the deadline for when the help is to be given at the latest health, jf. the second paragraph.
The Ministry may by regulation provide further provisions on which private businesses that need to access to assess whether the patient has the right to necessary health care from specialist health service and fix the deadline for when the help is to be given at the latest health, jf. the second paragraph.

§ 2-1 c. Patient Rights in real medical scheme anyone who is resident in a Norwegian municipality, has the right to stand on the list at doctor with fastlegeavtale. The same applies to asylum seekers and their family when they are a member of the national insurance scheme.
The individuals on the fastleges list has the right to change the general practitioner up to two times a year, and the right to receive a new assessment of his State of health with another doctor with fastlegeavtale.
Rights in the first and the second paragraph does not apply in the municipalities where the obligation to have fixed doctor scheme is suspended after health and Human Services service law § 3-2 third paragraph.
The Ministry may provide regulations with provisions on closer the implementation and completion of patient rights in the fixed medical scheme, including whether the child's placement on the list and on the right to replace the family doctor.

section 2-d 1. right to user-managed personal assistance people under 67 years of long-lasting and great need for personal assistance for health and Human Services service law § 3-2 the first paragraph Nr. 6 letter b has the right to receive such services organized as user-managed personal assistance. The Court includes relief measures after health and Human Services service law § 3-2 the first paragraph Nr. 6 letter d for persons with parental responsibility for the resident children under 18 years of age with disabilities. Health services in relief measures are not included.
The right does not include services that require more than one service provider present or nat services, unless the user continuously in need of such services.
With long-term needs in the first paragraph refers to needs over 2 years.
With the great need in the first paragraph refers to a service needs of at least 32 hours per week. Users with service needs at least 25 hours per week still has the right to obtain services organized as user-managed personal assistance, unless the municipality can document that such organization will result in significantly increased cost to the municipality.

§ 2-1 e. right of stay in nursing homes or similar residential special needs for heldøgns services patient or user has the right to stay in nursing homes or similar residential special needs for heldøgns services if this is for a health and human services professional assessment is the only offer that can ensure the patient or the user the necessary and proper health and care services.

[Patient or user with proper assistance can stay at home in anticipation of long term stay in nursing homes or similar residential special needs for heldøgns services, but that meet the criteria for allocation of long term stay after health and Human Services service law § 3-2 a second paragraph, have the right to a decision about this.]
The second paragraph takes effect from the time that the King decides.

section 2-2. Right to review Patient referred to specialist health service, shall, within 10 working days after the referral is received by the specialist health service, get the information if he or she has the right to necessary health care, jf. § 2-1 b the second paragraph. The assessment shall be made on the basis of the referral. Suspected serious or life-threatening disease the patient has the right to more quickly review. If the patient is considered to have the right to necessary health care, to the patient at the same time be informed of the time when the assessment or treatment should be initiated.
The time of commencement of study or treatment should be set before the deadline for when the necessary health care to be provided at the latest, jf. § 2-1 b the second paragraph. If the specialist health service can not provide the patient a time before the deadline for when the necessary health care to be provided at the latest, or the time later must be changed so that the deadline is not met, the specialist immediately contact HELFO, jf. § 2-1 b fourth paragraph.
The patient should be informed about complaint access, complain the frist and the closer the procedure for a complaint.
Referring authority should be given the same information as the patient gets by the first and second paragraph.
The specialist can conclude confidentiality provide the necessary health information to HELFO if necessary to ensure that the patient gets the necessary health care within reasonable time, cf. the second paragraph.
The Ministry may by regulation provide closer to provisions on the time after the first paragraph and that certain patient groups shall have the right to review faster than within 10 working days.

§ 2-3. The right to the renewed consideration After referral from the GP has the patient right to the renewed assessment of his State of health of the specialist health service. The right applies only once for the same condition. By the need for multidisciplinary specialist treatment for drug addiction, apply to the Court to the renewed assessment also after referral from health and Human Services service in the municipality and social service.

§ 2-4. The right to the free choice of treatment the patient has the right to choose at what public or private business referral to be considered, jf. section 2-2. The patient can only choose companies that have the right to assign the patient and user rights pursuant to section 2-1 b. patient who has the right to necessary health care from specialist health service, cf. § 2-1 b the second paragraph, can choose at what public or private business health assistance to be provided. The patient can only choose private business that either have agreement with a regional health authority or is approved for regulation under the legal authority of the specialist health service law § 4-3.
The patient can not choose management level.
For patients under compulsory observation or compulsory mental health care after the mental health services Act Chapter 3, does not apply to the Court after the first and second paragraph if this will be reckless or significantly is liable to undermine the purpose of the project. The same applies for patients that are taken into the institution with legal authority in health and Human Services service law § § 10-2 and 10-3, if this will be reckless or significantly is liable to undermine the purpose of the intake. Right after the first and the second paragraph does not apply to the selection of Center for medically assisted treatment in specialist health service if this will be reckless or significantly likely to impair the purpose of the treatment.
Right after the first and the second paragraph does not apply to private rehabilitation institutions.
The Ministry may give further regulations on the content and implementation of the choice right after the provision here.

section 2-5. The right to the individual plan Patient and user who has a need for long-term and coordinated health and care services, has the right to get prepared individual plan in accordance with the provisions of the health and Human Services service law, specialist health service law and the law on the establishment and implementation of mental health policy.

§ 2-5 a. Right to seek medical advice section 2-6. The right to the patient and the medical attendant has the right to cover necessary expenses when the patient must travel in connection with a health service that is covered by the law 2. July 1999 No. 61 about the specialist and more that are covered by and an undertaking by law 15. June 2001 No. 93 about the health authority and more or as funded by the State after the Regulation subject to a legal authority in the specialist health service law § 4-3. The same applies to health services that are covered by the law on the national insurance scheme of 28. February 1997 Nr. 19 Chapter 5, including travel to family counselling offices and health clinics.
Benefit is granted only to cover travel expenses to the nearest place where the health service can be provided.
By the calculation of the allowance to the valuation for the cheapest travel way with scheduled public transport is added to the reason, unless the patients ' State of health makes it necessary to use a more expensive means of transport, or it does not go scheduled public transport.
The right to coverage of expenses under subsection fall away if the patient gets offers of transport by the carrier who have agreement with the regional health authority. The right to coverage of expenses also falls away to the extent that the expenses are covered by other legislation.
The Ministry may provide regulations on coverage of the travel and living expenses for the patients and expenses to the necessary companion, including coverage of expenses by free choice about treatment, payment of the refund and about deadlines for the setting of requirements.

§ 2-6 a. Tilbakekreving after mistakenly payout section 2-7. Administrative law application Management Law Chapter IV and V do not apply to the resolutions adopted by this chapter.
For decisions about services for health and Human Services service law § § 3-2 the first paragraph Nr. 6 the letters a through d, 3-6 and 3-8, which is expected to last longer than two weeks, does the rules of administrative law chapter IV and V with the specific provisions imposed by law here.
It is more that at the same time seeking a service it is the scarcity of, they are considered not as parties in the same case. An applicant who believes himself bypassed, can not complain over another have been given performance.

section 2-8. Efforts by especially burdensome care tasks, those who have especially burdensome care work, may require that the municipal health and human services the service hit the decision that it should be set in steps to ease the burden of care and what measures in the case shall consist in.

Chapter 3. The right to participation and information section 3-1. The patient's and the user's right to the Patient and user interaction has the right to contribute by the implementation of health and care services. The patient has the right to contribute including when choosing between available and proper research and treatment methods. Medvirkningens form shall be adapted to the individual's ability to give and receive information.
Service provision should as far as possible be designed in collaboration with the patient and user. It'll be great emphasis on what the patient and the user mean by the design of service offerings for health and Human Services service law § § 3-2 the first paragraph Nr. 6, 3-6 and 3-8. Children under the age of 18 to be included on the Board when the child's development and maturation and the art implies it. If patient has not consent expertise, have the patient's next of kin has the right to contribute together with the patient.
Would like patient or use other people to be present when the health and care services is provided, this shall as a rule be accommodated.

section 3-2. The patient's and the user's right to information the patient should have the information that is necessary to gain insight into their health condition and the content of health help. The patient should also be informed of the possible risks and side effects.
Information should not be given to the patient's expressed will, unless it is necessary for the prevention of harmful effects of health assistance, or it is determined in or pursuant of law.
Information can unnlates if it is urgent necessary to prevent danger to life or serious health damage to the patient. Information can also unnlates if it is clearly inadvisable for the sake of people who are close to the patient, to provide such information.
If the patient or the user will be inflicted injury or serious complications, the patient or the user be informed about this. It should at the same time be informed of the access to seek compensation from Norwegian Patient injury compensation, to address to the patient and user Ombudsman and the access to ask the supervisory authority regarding the assessment of the duty, if any, violation after patient and brukerrettighetsloven1 section 7-4.
If the patient or the user will be inflicted injury or serious complications, and the outcome is unexpected in relation to foreseeable risk, the patient or user is also informed about which measures health and Human Services service will implement that similar event should not happen again.
If after the treatment is finished, is detected that the patient may have been inflicted considerable damage as a result of health assistance, should the patient be informed about this, if possible.
Users should have the information that is needed to get adequate insight in service provision and to be able to protect their rights.

section 3-3. Information to the patient's next of kin If the patient consents to it or the conditions warrant, to the patient's next of kin information about the patient's health status and the health care provided.
Is the patient over 16 years and obviously cannot protect their interests because of physical or mental disorders, dementia, or mental retardation, has both the patient and his/her next of kin the right to information by the rules in section 3-2.

If a patient or use the die and the outcome is unexpected in relation to foreseeable risk, the patient's next of kin or the user's right to information under section 3-2 fourth and fifth paragraph, as far as confidentiality do not preclude this.

section 3-4. Information when the patient is a minor Is the patient under 16 years, to both the patient and the parents or others with parental responsibility to be informed.
The patient is between 12 and 16 years, the information is not provided to the parents or others with parental responsibility when the patient for reasons that should be respected, not wanting this.
Information that is necessary to fulfill the parents responsibility, should nevertheless be given parents or others with parental responsibility when the patient is under 18 years of age.
If the child protection service has taken over the care of children under 16 years after the children's Protection Act § 4-8 or section 4-12, the first, second and third paragraph, similarly for child protection service.

§ 3-5. The form the information should be tailored to the recipient's individual prerequisites, such as age, maturity, experience and cultural and language background. The information to be given in a considerate way.
The personnel shall as far as possible ensure that the recipient has understood the content and importance of the information.
Information on the information that is given, the patient's or the user's recorded in the journal.

§ 3-6. The right to protection against the spread of information information about the bodily-and disease conditions as well as other personal information will be processed in accordance with the current provisions on confidentiality. The information should be treated with caution and respect for the integrity of the information in question.
Confidentiality fall away to the extent that the requirements on silence, agrees.
If health care providers disclose information that is subject to the statutory disclosure obligation, to the information applies, as far as circumstances warrant it to be informed that the information is provided and what information it is all about.

Chapter 4. Consent to the health care section 4-1. A general rule for consent health care can only be provided with the patient's consent, unless there is legal authority, or other valid legal foundation to provide health care without consent. That consent to be valid, the patient must have been given the necessary information about their health condition and the content of health help.
The patient may withdraw its consent back. Pull the patient consented, the back that provides health care provide the necessary information about the significance of that health is not given help.

§ 4-2. Requirements to the samtykkets form can be given Consent expressly or implied. Tacit consent is deemed to exist if it out from the patient's course of action and the circumstances, incidentally, is likely that he or she accepts health help.
The Ministry may provide regulations on requirements for written form or other formkrav by certain forms of health care.

section 4-3. Who has the right to consent, competence consent to health care have: a) people over 18 years of age, unless otherwise follows from § 4-7 or other particular statutory provision, and b) persons between 16 and 18 years of age, unless otherwise follows from the particular statutory provision or of action art.

Consent the competence can withdrawn completely or partially if the patient because of physical or mental disorders, senile dementia or mental retardation obviously is not able to understand what consent includes.
The that provide health help determine if the patient lacks the competence to consent after the second paragraph. Health personnel going out from the patient's age, mental condition, maturity and experience the best possible conditions for the patient can consent to health care, jf. § 3-5.
Decision concerning the lack of consent should be justified and expertise in writing, and, if possible, immediately put forward for the patient and his/her next of kin. The patient is missing next of kin, to the decision put forward for other qualified health care professional.
Examination and treatment of mental disorders in people who lack the skills by the second paragraph consent and who has or is believed to have a serious mental disorder or oppose health help, can only happen with the legal authority of the mental health services Act Chapter 3.

§ 4-4. Consent on behalf of children the parents or others with parental responsibility have the right to consent to health care for patients under 16 years.
It is sufficient that one of the parents or others with parental responsibility consents to health care as a) is considered part of the daily and ordinary care for the child, cf. barnelova § § 37 and 42 other joints, or b) qualified health personnel feel is necessary for that child is not going to take damage.

Before health care as mentioned in the letter b is given to both parents or others with parental responsibility, as far as advice is, get to say their opinion. Decision about health care as mentioned in letter b can be appealed to the County after the chapter 7. The County may adopt that health should be concluded until help is made the decision on the basis of a complaint from the other parent or others with parental responsibility.
If the child protection service has taken over the care of children under 16 years after the children's Protection Act § 4-6 second paragraph, section 4-8 or section 4-12, the child welfare service the right to consent to health care.
As your child develops and matures, the child's parents, others with parental responsibility or child protection, cf. the second paragraph, hear what the child has to say before consent is given. When the child is 12 years old, filled the few say their opinion in all questions concerning their own health. The growing emphasis on what your child thinks out from age and maturity.

§ 4-5. Consent on behalf of the youth who do not have the expertise or other Parents consent with parental responsibility have the right to consent to health care for patients between 16 and 18 years who do not have consent expertise.
If the child protection service has taken over the care of children between 16 and 18 years after the children's Protection Act § 4-8 or section 4-12, the child welfare service the right to consent to health care.
Health aid could not be granted if the patient opposes this, unless otherwise provided by special statutory provisions.

section 4-6. About patients over 18 years old who do not have consent expertise If a patient over 18 years of age do not have consent competence under section 4-3 the second paragraph, it can providing health assistance, take decision about health care that is of little intrusive character with regard to the scope and duration.
Health care that involves a serious intervention for the patient, can be given if it is considered to be in the patient's interest, and it is likely that the patient would have given permission for such aid. Where possible it should be sought information from the patient's next of kin on what the patient would have wanted. How health care can be determined by the person responsible for the health of your help, after consultation with other qualified health care professional. It should be disclosed in the journal what the patient's next of kin have enlightened, and what other qualified health personnel have had of perceptions.
Health care after the first and the second paragraph could not be granted if the patient opposes this, unless otherwise provided by special statutory provisions.

section 4-6 a. use of warning and localization technology health and Human Services service can meet the decision about the use of technical devices for notification and localization as part of health and care services to patient or user over 18 years old who do not have consent expertise. The use of medical technical equipment for notification is governed by section 4-6. The rules in section 4-1 to § 4-3 applies to the assessment of the competence of the consent of the user.
The measure must be necessary to prevent or limit the risk of harm to the patient or the user and should be in the patient's or the user's interest. It should include emphasis on whether the measure commensurate to the risk, if the measure appears to be the least intrusive option, and whether it is likely that the patient or the user would have given permission for the measure. Where possible, it should be sought information from the patient's or the user's next of kin on what the patient or the user would have wanted.
This provision will not apply if the patient or the user opposes the measure.

section 4-7. About patients who are deprived of legal capacity on the personal site patient who is deprived of legal capacity on the personal site after the guardianship law § 22 third paragraph, shall then extensively as possible even consent to health care. If this is not possible, the guardian can consent on behalf of the patient.

§ 4-8. (Repealed by law 19 des 2008 No. 109 (ikr. 1 jan 2009 CISPR. 19 des 2008 No. 1444).)

section 4-9. The patient's right to refuse health care in special situations the patient has because of serious conviction right to refuse to receive blood or blood products, or to refuse to cancel an ongoing hunger strike.
A dying patient has the right to oppose the life-prolonging treatment. Is a dying patient unable to convey a behandlingsønske, the health staff failing to provide health care if the patient's next of kin, you indicate the equivalent of want, and health personnel after an independent assessment finds that this also is the patient's wish and that wanted obviously should be respected.
Health care providers must ensure that the patient who mentioned in the first and the second paragraph is over 18 years old and are not deprived of legal capacity on your personal site, and that person has given satisfactory information and has understood the consequences for their own health by the denial of treatment.

Chapter 4 a. health care to patients without consent expertise who oppose health help etc.

section 4A-1. Purpose the purpose of the rules in this chapter is to provide appropriate health care to prevent significant health damage as well as to prevent and limit the use of coercion.

Health help should be arranged with respect to the individual's physical and mental integrity, and as far as possible be consistent with the patient's even jurisdiction.

section 4A-2. Scope of Chapter apply when health professionals providing health care to patients over 16 years that lacks consent expertise, jf. Chapter 4, and who oppose health help.
Examination and treatment of mental illness without own consent can still happen only with authorization in law 2. July 1999 No. 62 about mental health care.

section 4A-3. Access to provide health care as the patient opposes before it can provided health care as the patient opposes, confidence-building measures have been tried, unless it is obvious to try this aimlessly.
Maintains the patient's resistance, or know that health personnel with great probability will maintain their opposition, it can meet the decision about health care if a) a failure to provide health assistance can lead to significant health harm for the patient, and b) health assistance is considered necessary, and c) the measures relate to the need for health help.

Although the terms of the first and the second paragraph is true, health care is provided only where this is after an overall assessment which are by far the best solution for the patient. In the assessment of whether such health care is to be given, it should among other things be added weight on the degree of resistance as well as about it in the near future can be expected that the patient will be able to regain their consent.

section 4A-4. Implementation of Health Help If the terms in section 4A-3 are met, the health care carried out with forced or other measures to circumvent the resistance in the patient.
The patient can be entered by the health institution and held back there if it is needed to get accomplished health help.
If the conditions are met, can further warning and localization systems with technical devices and bevegelseshindrende measures as belts and the like are applied.
Health help should be considered on an ongoing basis and will be cancelled as soon as the conditions are no longer present. It should especially be added weight on about health help turns out not to have the desired effect, or have unforeseen negative impacts.

section 4A-5. Decisions about health care as the patient opposes decision on health care after this chapter meet of the health personnel who are responsible for the health of your help. The decision can only meet for up to one year at a time.
If health help involves a serious intervention for the patient, it should meet the decision of health professionals as mentioned in the first paragraph, after consultation with other qualified health care professional. In the assessment of what is a serious intervention for the patient, it should be taken into account among other things, whether the measure involves interference with the body, the use of prescription drugs and the degree of resistance. If the patient opposes that health assistance is being carried out by admission or retention in the health institution, or oppose the use of bevegelseshindrende measures, it shall always be considered serious intervention.
Decision on the examination and treatment includes the nurturing and care that is necessary to carry out the investigation and treatment. If the main purpose of health help is nurturing and care, it should meet its own decision on this.
Where possible, it should be sought information from the patient's next of kin on what the patient would have wanted, before a decision under section 4A-5 first and get together.

section 4A-6. Notification the patient and the patient's next of kin should be corrected as soon as possible under the decision under section about hit 4A-5. Subsequent notification to the patient is still sufficiently if underretningen will result in danger for health help can not be carried out.
Underretningen to educate people about the access to appeal and to make a statement in the case.
Copy of underretningen to be sent the one that has the parent responsible for health help. Moreover, the copy of the decision under section 4A-5 is sent to the County.

section 4A-7. Complaint decision on health care under section 4A-5 can be appealed to the County Governor of the patient or the patient's next of kin.
The provisions of section 7-3 applies to the complaint after the paragraph here.
The time limit for appeals to the County is three weeks from the person in question had or should have had knowledge of the decision.

section 4A-8. Contested measure and subsequent control the county can on its own initiative review decision that is hit under section 4A-5.
If a decision about health care after this chapter is not appealed and health help persists, the County Governor shall, when it has been three months from the decision was hit, on its own initiative to consider if it is still in need of health assistance.

section 4A-9. Administrative law application Management law applies as far as it is appropriate for decision under section 4A-5, with the specific provisions that are given in this chapter.

section 4A-10. The Court trial decision in the complaint case under section 4A-7 that involves hospitalization and detention in the institution, or health care that extends beyond three months, of the patient or the patient's next of kin be brought before the Court under the rules of law 17. June 2005 Nr. 90 on mediation and legal proceedings in civil disputes (civil law) chapter 36. The same applies for the County man's decision on health care that involves hospitalization and detention, or that stretches out over three months, cf. section 4A-8.

section 4A-11. Regulations the Ministry may give further rules on the implementation of health help for this chapter and of the proceedings, including the requirements that have to be set to the documentation of decisions about health care.

Chapter 5. The right to the journal visibility § 5-1. The right to access in the journal the patient and the user has the right to access in the journal with vouchers and has special request the right to copy. The patient and the user has the right to request for a simple and concise explanation of the terms or the like.
The patient and the user can be denied access to information in the register if this is urgent necessary to prevent danger to life or serious health damage for the patient or the user himself, or insight is clearly inadvisable for the sake of the individuals they close.
A representative of the patient or the user has the right to access to information as the patient or the user is denied access to, unless the delegate is considered unfit for this. A doctor or lawyer cannot be denied access, unless special reasons for this.
The rules in section 3-3 and section 3-4 about someone else's right to information also applies for insight in the journal.
Next of kin has the right to access to the journal after a patient's or user's death, if not special reasons against this.
The Ministry may by regulation provide closer to provisions on the right to access to the journal, including provisions on payment for copies.

section 5-2. Correction and deletion of the journal Patient, user or as the information applies, may require that the information in the register is fixed or deleted according to the rules in section helsepersonelloven to section 42 44.

section 5-3. The transfer and lending of journal the patient and the user has the right to object to the disclosure of information in the journal or journal. The information may not be disclosed if there is reason to believe that the patient or the user would oppose it on request. Extradition may still happen if the weighty reasons speak for it. or disclosure of Transfer journal or information in the journal shall be made according to the provisions of the law on health care providers.

Chapter 6. Child's particular rights section 6-1. Child's right to health control Children have the right to necessary health care also in the form of health check in the municipality child living or temporarily staying, jf. health and Human Services service law § 3-2.
Parents have a duty to contribute to the child participates in the health check.

§ 6-2. Child's right to visitation with parents in the health institution children are entitled to visitation with at least one of the parents or others with parental responsibility throughout your stay in the health institution, unless this is inadvisable for the sake of the child, or the non-resident the right has lapsed after the rules of the child law or child protection law.

section 6-3. Child's right to the activity in the health institution children have the right to be activated and stimulated during stay in health institution, so far this is justifiable from the child's State of health.

section 6-4. Children's right to education in the health institution children in school age has the right to education during the stay in the health institution, to the extent this follows of the Education Act.
Youth have the right to education during the stay in the health institution, to the extent this follows of the Education Act.
Preschool children have the right to special education assistance during stay in health institution, to the extent this follows of the Education Act.

section 6-5. Children's party rights a child may act as a party in a case and make party rights the current if it has filled 12 years and understand what the case concerns. In a case that comes to action against drug addicts under the age of 18, cf. health and Human Services service law Chapter 10, the child always is considered to be party.

Chapter 7. Complaint section 7-1. (Repealed by law June 24, 2011 No. 30 (ikr. 1 jan 2012 CISPR. 16 des 2011 No. 1252).)

section 7-2. Complaint patient or user or its representative who believes that the provisions of chapters 2, 3 and 4, as well as section 5-1, section 6-2 and section 6-3 is broken, can complain to the County. The complaint is sent to the hit single the decision or the decision.
Patient or representative of the patient who believes that the provision in section 2-1 b fifth paragraph are not complied with, can appeal to an appeals that appointed by the Ministry. Complaints Board shall have five members. The leader should be a lawyer. The Ministry shall appoint members and their personal deputies for two years at a time. There is access to gjenoppnevne members and deputy members.

The first paragraph also applies to others who believe they have not received their independent rights under Chapters 3 to 6 met.
The patient's or the user's representative after the first and the second paragraph is the one who has the authority to complain at the patient's or the user's behalf, or who have consent skills by Chapter 4. Proxy that is not a lawyer, to present written authority.

section 7-3. Klagens form and content complaint to the County Governor shall be in writing. The complaint should be signed by the patient or the user or the person who represents the patient or the user. The complaint should mention the fact that the complaint refers over and give information that might be of importance for the treatment of the complaint. The complaint contains errors or is missing, the County a short time limit for correction or completion.

section 7-4. Request for review of possible violations of duty the patient, the user, or others who have the right to it, can ask the supervisory authority for an assessment if he or she believes the provisions on the obligations laid down in or pursuant to helsepersonelloven, the specialist health service Act, the health and Human Services service law and the dental health service law is broken to the disadvantage of themselves or the he or she is acting on behalf of the right applies to the Equivalent. next of kin to the deceased patient or user and for the next of kin to the patient or user of 18 years without the consent of competence.
The supervisory authority may impose an administrative reaction after chapter 11, helsepersonelloven covet prosecution after helsepersonelloven section 67 and issue an order to the business after health supervisory law section 5 and specialist health service Act section 7-1.

section 7-4 a. Proceedings at the request for assessment of duty breach the County shall consider the views set forth in the request pursuant to section 7-4 the first paragraph, and can also take up conditions that are not affected in the request.
If the County believes that there should be a reaction as mentioned in section 7-4 the second paragraph, the case shall be communicated to the State health supervision. The first paragraph also applies to the processing of the case at the State health supervision.
The County to give it that has put forward a request, access to relevant legal documents and the opportunity to respond to these, as far as confidentiality do not preclude this. The same applies in cases where the State health supervision processes notifications after the specialist health service law § 3-3 a. State health supervision or the County to give it that has put forward a request, notification of the result of its treatment of the case and a brief justification for the result, as far as confidentiality do not preclude this.
The rules on appeals in this chapter will not apply to requests for assessment of duty violation.
The Ministry may by regulation establish further provisions on State health supervision and County man's case management, including fix rules about the deadline for fremsettelse of the request after the paragraph here.

§ 7-5. The deadline for deadline for appeals under section 7-2 is four weeks after he or she had or should have had sufficient knowledge to promote a complaint.

section 7-6. Administrative law application Management rules of the law on the treatment of complaints over individual decisions apply as far as the fit, with the specific provisions that are given in this chapter. The County Governor shall be by trial of the municipal decision on health care add weight to the consideration of the Municipal Board of even by trial the free discretion, jf. administrative law section 34 the second paragraph third period. For other municipal decisions to appeal authority put great emphasis on the consideration of the municipal self-government by trial of the free discretion.
Administrative rules of the law on the treatment of the complaint applies as far as they are appropriate for the complaint Committee's treatment of the complaint, with the specific provisions that are given in this chapter. The Ministry may give further regulations on the complaint Committee's organization and proceedings.

Chapter 8. Patient and user Ombudsman section 8-1. Purpose patient and user Ombudsman will work to ensure the patient's and the user's needs, interests and the rule of law to the State-owned specialist health service and the municipal service health and care services, and to improve the quality of these services.

section 8-2. Work area and responsibility for the scheme, the State should make sure that it is a patient and user representatives in each County. Patient-and use the mandates workspace includes State-owned specialist health services and municipal health and care services.
The Ombudsman will carry out its activities independently and independently.

section 8-3. The right to address to the patient and user Ombudsman patient-and use the Ombudsman can take matters concerning conditions in the State-owned specialist health service and the municipal service health and human services, up to the treatment either on the basis of an oral or written request or on its own initiative.
Any one can apply to patient and user Ombudsman and request that a case be taken up for processing. The one that applies to the patient and user Ombudsman, have the right to be anonymous.

section 8-4. The treatment of inquiries Patient and user Ombudsman if an inquiry provides sufficient reason to take a case up to treatment. If the patient and using the Ombudsman does not take the matter up to the treatment, the who has approached be given notification and a brief justification for this.

section 8-5. Patient-and use the mandates the right to receive information, public authorities and other bodies that perform services for the management, to give the Ombudsman the information needed to perform the tasks the mandates. The rules in dispute the law Chapter 22 get the corresponding application for the mandates the right to require information.

section 8-6. Patient-and use the mandates access to health and human services the service's premier Patient and user Ombudsman should have free access to all premises where it provided State specialist health services and municipal health and care services.

section 8-7. Patient-and use the mandates and tasks using the patient-the Ombudsman shall within a reasonable extent give the requesting the information, advice and guidelines about matters that belong under the mandates workspace.
Patient and user Ombudsman to give it that have approached the Ombudsman, notification of the result of its treatment of a case and a short justification for the result.
Patient-and use the Ombudsman has the right to pronounce their opinion on matters that belong under the mandates workspace, and to propose concrete actions for improvement. Patient and user Ombudsman decide who the statements should be directed to. The statements are not binding.
Patient-and use the Ombudsman shall inform the supervisory authorities about conditions that it is required that these follow up. Patient and user Ombudsman shall ensure to make the scheme known.

section 8-8. Regulations the Ministry may provide regulations to the execution and completion of the provisions relating to patient and user representatives.

Chapter 9. Effective date and changes in other laws § 9-1. Entry into force the law will take effect from the time that the King decides. The King may decide that the individual provisions of the law to take effect to a different time.

section 9-2. Changes in other laws from the time the law will take effect the following changes are made in other laws:-