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Law No. 3 Of 6 July 1978 On Health Insurance

Original Language Title:  LEGE nr. 3 din 6 iulie 1978 privind asigurarea sănătăţii populaţiei

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LEGE no. 3 3 of 6 July 1978 on health insurance ((updated until October 18, 2000) *)
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--------------- * *) Updated until October 18, 2000 by: Law no. 74 74 of 6 July 1995 (simple and republished); Law no. 126 126 of 22 December 1992 ; Law no. 100 100 of 26 May 1998 ; Law no. 146 146 of 27 June 1999 ; Emergency Ordinance no. 152 152 of 14 October 1999 ; Ordinance no. 109 109 of 31 August 2000 ; Law no. 176 176 of 18 October 2000 . The program of the Romanian Communist Party for the creation of the multilateral socialist society developed and Romania's advance towards communism places at the heart of the entire work of building the new order-the essential factor of economic and social development-, satisfying in ever better conditions of its living requirements, its harmonious, physical, intellectual and moral development, the full affirmation of the work and creation capacity of each member of society. The ultimate goal of party and state politics, the very essence of our order, is to ensure the well-being and happiness of man, the material and spiritual progress of the people. In the spirit of revolutionary humanism that characterizes the entire politics of the party and the state, within the general program of economic and social development of the country, of raising the degree of civilization and culture of the people, society ensures to all citizens better conditions for continuous strengthening of health, for the protection and strengthening of the family, the growth, preparation and education of new generations, the creation of a general environment that is more conducive to development healthy, maintaining the vigour and youth of the whole nation. Preventing and combating the causes of illness, extending the duration of work and human life, increasing vigorous generations constitute basic principles of politics, the party and the state in the field of public health. To this end, the company allocates in part the importance of its material means for the achievement of a complex of economic, social, cultural and sanitary measures, leading to the continuous development and strengthening of the population's health, to valorisation of natural factors to strengthen it, to restore work capacity, to improve the quality of health care, to raise the level of training of health personnel and to continuously improve the endowment of the units sanitary. According to the Constitution, the state guarantees the right to health protection and ensures the unhindered access of all citizens of the country, without distinction of nationality, race, sex or religion, to medical assistance. Health management bodies, units and all health personnel are responsible for the implementation of the party and state policy in the field of public health, the application of health insurance programs and all other measures to continuously improve healthcare. Doctors, all health personnel, must be active militants for health insurance, to show love for man, dedication and passion in carrying out their obligations, to be at the disposal of citizens, to have in their entire A high moral outfit, to permanently raise the level of professional training. In accordance with the technical-scientific progress and with the requirements that the evolution of society requires it is necessary for the medical assistance of the population to improve uninterrupted and to ensure the most appropriate means and methods of prevention and Disease control. Medical scientific research-the basic factor of the multilateral progress of health insurance activity-must be linked ever more closely to man, to the knowledge of the fundamental processes of life, to the requirements of medical practice. Health facilities, socialist organizations, the entire community and each individual citizen are required to actively contribute to the creation and maintenance of appropriate living and working conditions in order to defend and develop the state of population health. In order to establish the unitary legal framework for the conduct and improvement of the activity in the field of health insurance, strengthening the responsibility of the bodies, units and health personnel. The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General principles + Article 1-15 Repealed. ----------- Article 1-15 was repealed by art. 36 36 of Law no. 100 100 of 26 May 1998 published in the Official Gazette no. 204 204 of 1 June 1998. + Chapter 2 Organization of population health insurance activity + Section 1 Health facilities, their duties and responsibilities + Article 16 The network of basic health facilities consists of medical dispensaries, polyclinic dispensaries and hospitals, organized on the territorial or workplace principle. Health facilities, as execution bodies, respond, to popular councils and health management bodies, to the realization of the entire complex of measures, established according to the law, to ensure the health of the population in their range of activity. Health facilities in enterprises and educational institutions are responsible for carrying out their duties and in front of their collective management bodies. The funds necessary for the functioning of the health facilities, including those for the retribution of health personnel, shall be provided in the budgets of the common communal, city, municipal, county and Bucharest municipality councils. Health facilities organized by enterprises also benefit from material means provided, according to the law, from the funds for their social actions. Also, enterprises are obliged to provide the space and other means necessary for the maintenance and proper functioning of the respective health facilities. + Article 17 Health facilities can be organized under the conditions provided by law and subordinated to the Ministry of National Defence, the Ministry of Interior and the Ministry of Transport and Telecommunications. For medical-health activity, these units are also subordinated to the Ministry of Health. + Article 18 Repealed. ------------- Article 18 was repealed by art. 36 36 of Law no. 100 100 of 26 May 1998 published in the Official Gazette no. 204 204 of 1 June 1998. + Article 19 The medical dispensary constitutes the basic health unit that is organized in communes, cities and municipalities, enterprises and educational institutions, for the application of sanitary measures and the provision of general, prophylactic or curative, population of the established territory. Within the medical dispensary operates medical offices of consultations and treatments of general medicine and, as the case may be, dental offices, stationary of adults and children, home of births, sanitary points, laboratory point and radiology and other like. The polyclinic dispensary is the health unit organized in cities and municipalities, which operate with general medicine offices and consulting offices and specialized treatments. + Article 20 In each commune, a medical dispensary is organized, which responds to the realization of the entire complex of measures to ensure the health of the population in all the In the communes with large number of inhabitants, medical dispensaries can also be organized with specialized offices. For the provision of specialized assistance, dispensaries work with the nearest hospital, established by the health department. The communal medical dispensaries operate under the county health department or the Health Department of Bucharest. In the communes where hospitals are organized, they also fulfill the duties of the communal medical dispensary. + Article 21 In cities and municipalities one or more medical dispensaries or polyclinic dispensaries are organized, in relation to the number of population and the territory established by the health department, corresponding to the unit structure norms. The medical dispensary in the cities and municipalities operates under the county health department or the Health Department of Bucharest. For the provision of specialized assistance, the medical dispensary works with the hospital established by the health department. The polyclinic dispensary is organized under the hospital and provides both general and specialized medicine assistance for the population of the established territory. + Article 22 Besides enterprises and educational institutions, in relation to the number of working staff or, as the case may be, of students or students, medical dispensaries or polyclinic dispensaries can be organized, according to the law. Medical dispensaries or polyclinic dispensaries organized by enterprises or educational institutions are subordinated, as the case may be, to the county health department or to the hospital providing medical assistance for the respective unit. + Article 23 The medical dispensary mainly performs the following tasks: a) pursues strict observance of public hygiene norms, ensuring the sanitary protection of fintines, other sources of drinking water, hygiene conditions in public nutrition, in the collectives of children, youth and at workplaces; b) apply measures to prevent and combat diseases, as well as the other measures provided for in health programs; c) provide medical assistance to the pregnant woman, mother and child; d) follow the evolution of the health of the working staff, students and students and, depending on the specifics of their activity, make proposals to the bodies provided by law for the application of the necessary sanitary measures; e) carry out health education activities and train the public health asset and the entire population to the realization of prophylactic measures; f) carry out the analysis of diseases that produce temporary incapacity for work in enterprises without their own dispensary and find temporary incapacity for work; g) provide emergency medical assistance in case of illness or accident; h) provides general, prophylactic and curative medical assistance, performs treatments in dispensary or, as the case may be, at the home of the sick, as well as laboratory analysis; i) ensure the continuation of medical care by hospitals in cases where it has no possibilities for diagnosis or treatment, as well as in the case of patients or suspects of infectious diseases requiring compulsory admission; j) provide medical care in the stationary with beds for cases of illnesses that require permanent medical supervision and do not require admission to the hospital. + Article 24 Medical dispensary in enterprises, in addition to the duties provided by art. 23, controls the observance of hygienic conditions and the application of measures on the removal of harmful factors from the workplace, carries out periodic medical control and employment, analyzes illnesses that cause incapacity work, taking measures to reduce them and continue to strengthen the health of the working staff. Hospital + Article 25-30 Repealed. ------------- Article 25-30 was repealed by art. 21 21 of Law no. 146 146 of 27 July 1999 published in the Official Gazette no. 370 370 of 3 August 1999. Rescue Station + Article 31 The rescue station is organized in the structure of the county hospital, and in Bucharest, subordinated to the sanitary department, for the provision, under the law, of the transport requirements with special means of the health units in its activity and emergency medical care. To this end, the rescue station's formations are required to respond to requests promptly, to provide first medical care and to provide health transport. + Article 32 The rescue station's work schedule is 24 hours, with no interruption, including Sunday and public holidays. Centre for the harvest and preservation of blood + Article 33 The blood harvesting and preservation center is organized in the structure of the county hospital. In Bucharest, the duties of the blood harvesting and preservation center are carried out by the Hematology Center under the Ministry of Health. The center ensures the collection and preservation of the blood, as well as the preparation of some derived from the blood necessary for medical For this purpose they carry out regular analyses and exams of donors and participate in the health education actions of the population, in order to donate blood. At the same time, the center directs the activity of harvesting and preserving the blood, in the territory it serves. Nursery and the cradle of children + Article 34 The nursery is the health unit that ensures, under the law, the increase, education and medical assistance of children aged up to 3 years, whose parents or legal supporters are employed, are in the period of studies or in other similar situations. The cradle of children is the health unit with permanent activity to ensure the protection, growth, education and medical care of children aged up to 3 years, without legal supporters or who present certain conditions or are in other situations provided by law. The nursery and the cradle of children operate, under the conditions provided by law, subordinated to popular councils or hospitals. The nursery of children, organized according to the uniform norms of structure besides a socialist unit, also operates under it. + Article 35 The nursery and the cradle of children mainly meet the following duties: a) ensure an educational program, complex, adapted to each age group, in order to stimulate the healthy development of children and to acquire hygienic skills appropriate to the age; b) provide medical care and provide the necessary measures to prevent and combat diseases, especially those transmissible; c) ensure rational and individualized nutrition, as well as the use of specific means to increase the resistance and strengthen the children's body. Sanatorium and preventative + Article 36 In areas with natural factors of cure of importance and special efficiency are organized sanatoriums, by groups of diseases, which provide medical assistance through the use, mainly of natural factors, in order to fully recover the sick, strengthening the state of health and their work capacity. + Article 37 The theories are organized in order to fully recover those who have suffered from some contagious diseases, especially tuberculosis, as well as to prevent the illnesses of people who come from the environment favoring the occurrence of such Illness. Pharmaceutical network + Article 38 The insurance with medicines of the population and health facilities is carried out through pharmacies, pharmaceutical offices and other units of the socialist trade provided by law, distributed throughout the country. Pharmacies shall be organized, according to the uniform rules of structure, subordinated to the pharmaceutical office and meet, mainly, the following duties: a) issue and, as the case may be, prepare medicines and other pharmaceuticals in strict compliance with the legal provisions; b) are responsible for ensuring the needs of pharmaceuticals, preserving and changing them within the time limits; c) carries out actions to combat self-medication and drug abuse. + Article 39 The pharmaceutical office is organized in counties and in Bucharest under the sanitary directions. The pharmaceutical office responds to the county or county council of Bucharest, the entire activity of distribution of medicines, their storage and control, ensuring the rhythmic supply of pharmaceuticals, technical-medical and sanitary materials of pharmacies, health facilities and population, as well as the preparation of some products through its specialized laboratories. Sanitary-antiepidemic center + Article 40-41 Repealed. -------------- Article 40-41 were repealed by art. 36 36 of Law no. 100 100 of 26 May 1998 published in the Official Gazette no. 204 204 of 1 June 1998. + Section 2 Collective management bodies of health facilities + Article 42-49 Repealed. -------------- Article 42-49 were repealed by art. 36 36 of Law no. 100 100 of 26 May 1998 published in the Official Gazette no. 204 204 of 1 June 1998. + Section 3 Guidance, control and coordination of health insurance activity + Article 50-51 Repealed. ------------ Art. 50-51 were repealed by Law no. 126 126 of 22 December 1992 published in the Official Gazette no. 1 1 of 8 January 1993. + Article 52-56 Repealed. ----------- Article 52-56 was repealed by art. 36 36 of Law no. 100 100 of 26 May 1998 published in the Official Gazette no. 204 204 of 1 June 1998. + Chapter 3 Health personnel + Article 57 The healthcare of the population shall be provided by the health personnel of: a) health personnel with superior training; b) average health personnel; c) auxiliary health personnel; The profession of doctor, pharmacist or dentist is practiced only by people with the graduation diploma of a specialized higher education institute and who are authorized, according to the Statute of the Health Staff, by the Ministry of Health. + Article 58 Doctors, pharmacists, entire health personnel respond, according to the law, to the quality of care provided and have the obligation to act with high citizen and professional responsibility for preventing and combating illness, to have a deeply human attitude in their entire activity, to continuously improve their professional training. + Section 1 Medical and pharmaceutical education + Article 59 The medical and pharmaceutical education is carried out the training and education of the average health personnel and with higher training necessary to ensure the health of the population. + Article 60 The average health personnel are preparing in sanitary high schools, which are organized, according to the law, subordinated to the Ministry of Health and the Ministry of Education and Education. + Article 61 The process of preparing and educating students is carried out through lessons, practical works, laboratory work, practical training and other instructive-educational activities, in educational units and health facilities, based on the plans and programs of education developed by the Ministry of Health and the Ministry of Education and Education. + Article 62 The studies of the health school end with the baccalaureate exam, which is carried out according to the norms established by the Ministry of Education and Education. The graduates of the sanitary high school, after performing the internship of 9-12 months in health facilities and taking the qualification examination, will exercise the profession of nurse, laboratory, technician and other functions provided in the nomenclature of functions for medium-trained health personnel. Graduates of the health high school with a baccalaureate diploma have the right to participate in the admission competition in any higher education institution. + Article 63 Doctors, pharmacists and dentists prepare in medical-pharmaceutical institutes or faculties of medicine or pharmacy organized, according to the law, subordinated to the Ministry of Education and Education and the Ministry of Health. + Article 64 Medical and pharmaceutical higher education institutions are obliged to ensure the multilateral training of students, so that every doctor, pharmacist and dentist can meet, under optimal conditions, the obligations to provide assistance general medical-prophylactic, curative and medical recovery-, to show a high moral attire in the exercise of the profession. + Article 65 The medical and pharmaceutical higher education is carried out integrated with medical assistance and medical scientific research, according to the plans and educational programs developed by the Ministry of Health and the Ministry of Education and Education. + Article 66 Studies in medical and pharmaceutical higher education end with a diploma exam. Graduates who have passed the exam obtain a diploma, on the basis of which they can exercise, under the law, the profession of doctor, pharmacist or dentist. + Article 67 The teaching staff, doctors and pharmacists, from the medical and pharmaceutical higher education have the obligation to carry out integrated teaching activity with medical assistance and scientific research, to participate in the specialization and professional improvement of health personnel, according to the programs developed by the Ministry of Health and the Ministry of Education and Education. + Article 68 In order to ensure the quality of the medical assistance at the appropriate level and to stabilize the medical staff in the communes, after graduating the higher education the doctors will perform, under the conditions provided by law, a period of practice in hospitals or other health facilities, based on a program established by the Ministry of Health, under the direct guidance of doctors with special experience and professional competence, after which they will work in the units in which they were assigned. + Article 69 The organization, guidance and control of the medical and pharmaceutical education process shall be ensured by the Ministry of Health together with the Ministry of Education and Education. + Section 2 Obligations of health personnel with superior training + Article 70 Health personnel with superior training include doctors, pharmacists, as well as biologists, chemists and other specialist staff with higher training, who work in the field of health insurance. + Article 71 In the exercise of the profession, the doctor, regardless of the specialty and the unit in which he operates, has the following main obligations: a) to apply and use the procedures and means available to them for the achievement of the objectives set out in the health programs and the prevention of diseases; b) to control the strict application of hygiene norms, to ensure the maintenance and promotion of the health of each citizen, to carry out a sustained health education activity; c) to follow the way the hygienic conditions are ensured at work and to order the appropriate measures to eliminate the dangers of illness of the working personnel; d) to promptly apply measures to prevent and combat communicable, professional and chronic diseases; e) to ensure the permanent medical assistance of the patients he has in care, to apply the appropriate medical treatment and to promote prophylactic measures to prevent complications and chronicize diseases; f) to prescribe and use only the medicinal products and biological products for human use necessary for the treatment, contained in the nomenclature of medicinal products and biological products for human use, to prevent and combat the abuse of drugs, to report to the competent bodies their unforeseen reactions; g) to use medical gymnastics for medical treatment and recovery of patients, correction of physical and functional deficiencies and to recommend the practice of physical exercises to strengthen the body and maintain health; h) to draw up correctly and with the sense of responsibility the medical documents, according to the legal norms; i) to participate, in case of natural calamities, epidemics or injuries, in the actions of first aid and medical assistance; j) to show full understanding towards the sick, to avoid any attitude that can negatively influence the evolution of the disease; not to receive or condition, in any way, the granting of medical care or the fulfillment of the other duties obtaining money or other material advantages; k) to provide first aid and to provide medical assistance to the patient until the disappearance of the state of danger for his health or life or to the admission of the patient to a health facility; l) ensure the continuity of health care, respond to sick requests and live in the locality where the health facility is located; for this purpose, popular councils will support medical professionals for obtaining, according to the law, necessary housing. + Article 72 The pharmacist has the following main obligations: a) to participate, together with the doctor, in the activity of defense and health care of the population, prevention of drug abuse and combating self-medication; b) to guide the population on how to use drugs, to respect the prescribed doses and the consequences of their incorrect use; to popularize among citizens the use of medicinal plants in the prophylaxis and treatment of some diseases; c) to prepare and release the medicines provided in the Romanian Pharmacopoeia, in strict compliance with the technical norms, established by the Ministry of Health; d) to constantly follow the physico-chemical qualities of the drugs, to stop the consumption of the improper ones and to report, immediately, to the competent bodies, the changes found; e) to ensure the preservation, preservation and security of medicinal products, according to the legal provisions, and not to release the medicines with expired shelf life; f) to permanently collaborate with the doctor for the rational and effective use of therapeutic means and to inform him whenever there are special problems in the consumption of drugs; g) to strictly follow the rigorous compliance of manufacturing technologies and the quality of pharmaceutical products if they operate in a drug production facility. + Article 73 The biologist, chemist and other specialist staff with higher training from health facilities have the obligation to participate, according to their specialty, along with the doctor and pharmacist, at the medical assistance activity of the population. + Section 3 Obligations of medium and auxiliary health personnel + Article 74 The average health personnel consists of medical sisters, laboratories, medical technicians and other professionals with medium specialized training. + Article 75 The average health personnel carry out their activity under the direct guidance and control of the doctor and mainly has the following obligations: a) participate in actions to prevent and combat diseases, to the activity of health education; b) ensure individual hygiene and permanent care of the patient, administer the nutrition and prescription drugs; c) performs, according to the doctor's indication, medical treatments and care, sampling, laboratory analysis and other medical benefits; d) constantly supervise the condition of the sick and inform the doctor about the evolution of the disease, respond promptly to their requests, being prohibited from receiving or claiming money or other material advantages from the sick who has them in care; e) is responsible for the good preservation of the equipment, machinery and instrumentation and other equipment and executes the preparation and sterilization of the instrumentation and material, in compliance with the technical-sanitary norms. In the pharmaceutical network the average health personnel carry out their activity under the direct guidance and control of the pharmacist and perform reception, preparation and release operations of medicinal products or biological products for human use. It is forbidden to handle this personal toxic or narcotic products. + Article 76 Auxiliary health personnel include nurses, carers and other such staff who ensure the cleanliness and preservation of hygiene of health facilities, preparation of materials necessary for the activity, accompanying in need of hospitalized patients; meets other tasks provided for by the establishment and operation regulations of the establishment. + Section 4 Health personnel discipline + Article 77 Health personnel are required to apply the medical treatment corresponding to each disease and to comply with medical treatment norms. Non-compliance with medical treatment rules, prescription of contraindicated drugs or the application of improper treatments that cause injury to bodily integrity or health, cause permanent infirmity or put in distress the life of a person or results in death, is punishable according to the criminal law. + Article 78 The documents, data and medical information obtained by the health personnel in the exercise of their duties constitute professional secrecy, their disclosure being prohibited. It does not constitute disclosure of professional secrecy reporting or communication of the data or information set out in the preceding paragraph, pursuant to legal provisions. + Article 79 ((1) Abrogat. (2) The health personnel who have been suspended the right to exercise the profession are prohibited from giving consultations, prescribing prescriptions, preparing drugs, making treatments or administering any means of treatment in the field of medicine. or pharmacy, as a doctor, pharmacist or dentist, except in situations of first aid. ------------ Alin. ((1) of art. 79 79 has been repealed by art. 48 48 of Law no. 74 74 of 6 July 1995 published in the Official Gazette no. 149 149 of 14 July 1995; repealed by Law no. 74 (republished) of 6 July 1995 published in the Official Gazette no. 650 650 of 12 December 2000. + Article 80 Repealed. ------------ Article 80 was repealed by art. 48 48 of Law no. 74 74 of 6 July 1995 published in the Official Gazette no. 149 149 of 14 July 1995; repealed by Law no. 74 (republished) of 6 July 1995 published in the Official Gazette no. 650 650 of 12 December 2000. + Article 81 Repealed. ------------ Article 81 was repealed by art. 48 48 of Law no. 74 74 of 6 July 1995 published in the Official Gazette no. 149 149 of 14 July 1995; repealed by Law no. 74 (republished) of 6 July 1995 published in the Official Gazette no. 650 650 of 12 December 2000. + Chapter 4 Strengthening the health of the population and preventing illness + Section 1 Hygiene of the living and working environment + Article 82-92 Repealed. ----------- Article 82-92 were repealed by art. 36 36 of Law no. 100 100 of 26 May 1998 published in the Official Gazette no. 204 204 of 1 June 1998. + Section 2 Defending and developing the health of the mother, child and youth + Article 93-96 Repealed. ------------ Article 93-96 was repealed by art. 36 36 of Law no. 100 100 of 26 May 1998 published in the Official Gazette no. 204 204 of 1 June 1998. + Article 97 His parents other legal guardians have the obligation, at any request of the health facilities, to present the child for medical examination and the application of prophylactic measures. + Section 3 Prevention and control of communicable diseases + Article 98 Preventing and combating communicable diseases is a permanent obligation for health bodies, units and health personnel, as well as for socialist units and all citizens. In carrying out this obligation, the health authorities, units and health personnel shall a) declaration, treatment and, as the case may be, mandatory isolation of patients, suspected communicable diseases and carriers of pathogenic germs; b) preventive vaccination, conduct of clinical, epidemiological and laboratory investigations, application of prophylactic and curative treatments, as well as the pursuit of the realization of disinsectional, disinfection and deratization measures; c) epidemiological surveillance of former patients, suspects or carriers of pathogens and prohibition of receiving, framing, maintaining or resuming their activity in children's communities, in the food sector, at the exploitation central drinking water supply facilities and other units, if their presence constitutes a danger to the health of the population; d) the application of special sanitary measures, at the state border crossing points, in localities and units, for persons, food, goods, vehicles and others. + Article 99 Health personnel who find or are informed of the existence of a case of communicable disease shall immediately take all measures to prevent the spread of the disease among the population or in the communities and to inform the establishment immediately. superior hierarchical health. Health personnel are also obliged to take emergency measures to isolate the patient, conduct the preliminary epidemiological investigation, identify the source of infection, record and supervise, through clinical and laboratory examinations, people with whom the patient came into contact, as well as other measures in relation to the specifics of the communicable disease. + Article 100 In case of an epidemic outbreak, in case of imminent epidemic or in situations of natural calamity, the Ministry of Health, health facilities and health personnel have the obligation to order the following: a) prohibition of the consumption and marketing of food, objects, materials or substances contaminated or derived from contaminated environment, or their reconditioning or destruction; b) carrying out disinfection, disinsection or deratization in certain areas, localities, jobs, households and means of transport; c) the establishment of the necessary measures regarding the transport or prohibition of the transport of corpses outside the locality where the death occurred; d) restricting or suspending, for limited periods, under the law, the activity of socialist units, the movement of persons, vehicles, goods, food, objects or other goods from and to certain areas or localities; e) the establishment of the operative intervention tasks of the health care and medical scientific research units, regarding the prevention and control of communicable diseases. + Article 101 Any person who is on the territory of the Socialist Republic of Romania has the obligation to submit to measures to prevent and combat communicable diseases, arranged by health facilities. Communicable diseases for which declaration, treatment or admission is mandatory shall be established by the Ministry of Health. + Article 102 Militia bodies have the obligation, at the request of health personnel, to provide support for the application of measures to prevent and combat communicable diseases, towards persons who refuse or oppose these measures. + Article 103 For urgent intervention, in case of outbreaks of epidemic diseases, a anti-epidemic reserve of medicines, serums, vaccines, disinfectants, insecticides, appliances and other specific materials is constituted at the Ministry of Health. The volume of the anti-epidemic reserve is approved annually by the single national plan. + Article 104 The Ministry of Health ensures the exchange of epidemiological information with competent health bodies in other states or with appropriate international organizations, according to international regulations, conventions, agreements and agreements international to which the Socialist Republic of Romania is a party. + Section 4 Preventing and combating non-communicable chronic diseases + Article 105 To prevent and combat non-communicable chronic diseases-cardiovascular, cancer, rheumatism, nutrition and other diseases-, as well as to eliminate the factors that promote their occurrence, the organs, units and health personnel are obliged to organize wide actions of prophylaxis, to conduct studies for the knowledge of the factors that negatively influence the state of health, to detect and treat illnesses in early phases in order to recover the patient. + Article 106 Health facilities are obliged to highlight the persons to whom the chronic non-communicable diseases established by the Ministry of Health are detected and to ensure the appropriate specialized treatment. + Article 107 In the case of temporary incapacity illnesses, the medical staff is obliged to establish, concurrently with the treatment indications, the measures to recover the work capacity and to pursue, together with the socialist units, their compliance. At the same time, health facilities will support the framing of people who also suffer diseases in an activity corresponding to their work capacity. + Article 108 Psychotic patients who, due to the state of the disorder they are in, can endanger their own life, health or bodily integrity or others or disturb, repeatedly and seriously, normal living or working conditions or can enjoy facts. provided by the criminal law, are compulsorily subjected to medical treatment in a health facility, according to the law. + Section 5 Physical education and sport + Article 109 For the purpose of harmonious, physical and moral development, of every citizen, the calation and fortification of the body, the prevention of illness, the increase of work and creative capacity, as well as for the useful and pleasant use of free time, the leaders of the socialist units have the obligation to develop the practice of physical education and sports, mass tourism, excursions, hiking, by preschoolers, students, students and all the working staff, as well as to improve the content educational of these activities. + Article 110 The units and the entire health personnel have the obligation to support and orient the activity of physical education and sport of citizens, taking into account the specificity of their work, their state of health and their physical capacity. + Article 111 Educational institutions are obliged to develop and ensure the increase of physical education efficiency in all grades, to organize the mass sports activity of students and students, to carry out diversified programs of physical education and sport, in order to strengthen the body and to train healthy work and life skills. At the same time, educational institutions and teachers of physical education are obliged, at the recommendation of the doctor, to apply special gymnastics programs for students and students who have deficiencies in their physical development. + Article 112 Socialist units are obliged to carry out an intense activity of attracting working people to the systematic practice of physical education and sport and, with the support of the enterprise doctor, to develop restorative gymnastics in production, with a view to removing fatigue and increasing yield in work. + Article 113 The Ministry of Health, together with the National Council for Physical Education and Sport, develops hygienic-sanitary norms for physical culture and sports, develops research on the continuous growth of physical capacity of the body, organizes the sports medicine activity, ensures the medical-health control and assistance of performance athletes. + Section 6 Health education of the population + Article 114 Health education aims to acquire by the population the necessary knowledge about individual hygiene, the environment, rational nutrition, disease prevention, avoiding drug abuse, for the formation of hygienic skills, knowledge of the main signs of disease and the provision, in case of need, of first aid. + Article 115 The health education activity is carried out on the basis of the single health education plan, adopted by the Higher Health Council, which mainly includes the following: a) educating children and young people in sanitary and first-aid problems, as well as in order to train hygienic skills; b) the integration of sanitary education in the general educational-educational process of educational institutions of all grades; c) development of health education actions on family and child rearing; d) health education of working people in order to form the hygienic behavior necessary to prevent illness, occupational diseases or accidents, as well as to strengthen the work capacity, to combat the abuse of drugs, alcohol, smoking and other health-damaging skills; e) diversification and improvement of the content of educational-sanitary materials through the press, radiotelevision, cinematography or other modalities; f) training the population to carry out health programs to prevent and combat illnesses. + Article 116 The Ministry of Health coordinates, controls and responds to the realization of the single health education plan Ministry of Education and Education, Council of Culture and Socialist Education, other ministries, central and local bodies, General Union of Trade Unions of Romania, Union of Communist Youth, Organization of Pioneers, Radiotelevision Romanian, the National Council for Physical Education and Sport, the Red Cross Society of the Socialist Republic of Romania, as well as the central and local press, are obliged to make their contribution, by specific means, to the realization of health education. + Chapter 5 Healthcare of the population + Section 1 General and emergency medical assistance + Article 117 The medical assistance of the population is usually granted in health facilities. Medical assistance can also be provided at work, at home or at the scene of the accident, as the case may be. + Article 118 All citizens have the right to medical assistance, provided by the medical dispensary, the polyclinic dispensary or, as the case may be, the nearest hospital, in whose radius the place of work is located. + Article 119 The admission of the patient is carried out, mainly, in the case of communicable diseases, emergencies or chronic diseases that require the application of a treatment or the conduct of investigations in hospitalization conditions. Admission to the hospital is usually made at the indication of the specialist doctor or, in special situations, of the doctor in the dispensary. They are obliged, except for medical-surgical emergencies, to ensure the necessary analyses to establish the diagnosis in ambulatory conditions and to shorten the period of admission. If the hospital to which the patient belongs cannot provide the necessary medical care is obliged to ensure the admission of the patient to another hospital or to a specialized unit. + Article 120 Sick leave for temporary incapacity to work by the worker staff is granted by the management of the socialist unit on the basis of the medical certificate. Medical certificates for temporary incapacity for work shall be issued, under the conditions provided by law, by the health unit serving the working staff of the respective socialist unit. In case of medical emergency, the emergency assistance unit is obliged to confirm in writing the diagnosis, the treatment applied and the duration of hospitalization or mandatory immobilization at home; the medical certificate is issued by the unit health to which the patient belongs, after verifying the data communicated by the unit that provided the emergency medical assistance and the health of the person concerned. + Article 121 Hospitals have the obligation to communicate to the dispensary, for the sick who were in their treatment, all the data necessary to continue the treatment. + Article 122 Health facilities are obliged to permanently provide the necessary medical assistance, judicious appointment per hour and specialties of all patients who request consultations or treatment, in such a way that they avoid congestion and long expectations of them. + Article 123 Repealed. ----------- Article 123 was repealed by art. 36 36 of Law no. 100 100 of 26 May 1998 published in the Official Gazette no. 204 204 of 1 June 1998. + Article 124 Medical care is carried out with the consent of the patient or persons who, according to the law, are entitled to give their consent. In serious cases, in which to save the life of the minor, as well as people who are not discerning or unable to manifest their will, an emergency medical care is necessary, and the consent or consent of persons in law cannot be obtained in a timely manner, medical care will be carried out by the doctor on his own responsibility. In case of refusal of medical care, the written statement in this regard will be requested, the doctor being obliged to inform the patient or the entitled person to give consent to the consequences arising from the non-acceptance of these care. The provisions of this article do not apply in cases where, according to the law, for the defense of public health, medical care is mandatory. + Article 125 Emergency medical assistance is granted by all health facilities permanently, at any time of day or night, regardless of the person's home. Health personnel are obliged to provide first medical aid regardless of the specialty, where they are located, or if it is during or outside working hours. The first aid at the scene of the accident or illness is also an obligation for the health formations of the Red Cross of the Socialist Republic of Romania, from jobs, communes, cities or municipalities, as well as for teams Special rescue. + Article 126 The emergency transport of injured, sick and pregnant women, with sanitary means of road, naval, and air transport, is ensured through the care of the territorial health unit. + Article 127 All citizens, starting from school age, are obliged to acquire the knowledge regarding the first aid. Any person who is present at the occurrence of a serious injury or illness is obliged to give first aid within the limits of his possibilities, to notify the nearest health unit, to support the health personnel in granting the first medical aid, to provide the means of transport available to it and to provide free transport of injured and sick to the nearest health facility. These measures also apply to pregnant women whose condition requires emergency medical attention. + Article 128 Socialist units are obliged to support the action of training and health education of the population in issues of first aid. The Ministry of Health together with the Red Cross Society of the Socialist Republic of Romania and the Ministry of Education and Education ensure the training and health education of the population in issues of first aid. + Section 2 Blood, plasma and blood-derived therapy. Sampling and transplantation of human tissues and organs + Article 129-137 Repealed. ------------ Article 129-137 were repealed by art. 24 24 of Law no. 2 2 of 8 January 1998 published in the Official Gazette no. 8 8 of 13 January 1998. + Chapter 6 Healthcare, spa and climate + Section 1 Organization of health care in spa and climate resorts + Article 138-144 Repealed. ------------- Art. 138-144 were repealed by art. 21 of Ordinance no. 109 109 of 31 August 2000 published in the Official Gazette no. 426 426 of 2 September 2000. + Section 2 Prospecting, exploitation and protection of natural and climatic factors + Article 145-155 Repealed. ------------- Article 145-155 were repealed by art. 21 of Ordinance no. 109 109 of 31 August 2000 published in the Official Gazette no. 426 426 of 2 September 2000. + Chapter 7 Medicinal products, biological products, appliances and technical-medical products + Article 156-168 Repealed. ------------- Art. 156-168 were repealed by art. 110 of Emergency Ordinance no. 152 152 of 14 October 1999 published in the Official Gazette no. 508 508 of 20 October 1999. + Article 169 The Ministry of Health, in collaboration with the central stakeholders, ensures the information and documentation of health personnel on medicines, biological products for human use *), equipment and technical-medical products, as well as on new conquests of science and technique in the field of medicine. Advertising on medicines, biological products *), devices and technical-medical products are made only with the opinion of the Ministry of Health. ------------- *) The provisions on medicinal products contained in art. 169 169 have been repealed by art. 110 of Emergency Ordinance no. 152 152 of 14 October 1999 published in the Official Gazette no. 508 508 of 20 October 1999. + Article 170 Repealed. ------------- Article 170 was repealed by art. 110 of Emergency Ordinance no. 152 152 of 14 October 1999 published in the Official Gazette no. 508 508 of 20 October 1999. + Article 171 Appliances *) and technical-medical products that are used in medical investigations and treatment and in other activities in connection with medical assistance, orthopedic, dental, ocular, auditory prosthetics, special means of movement and other such authorized by the Ministry of Health -------------- *) The provisions on medical devices contained in art. 171 171 have been repealed by art. 48 48 para. ((2) of Law no. 176 176 of 18 October 2000 published in the Official Gazette no. 544 544 of 2 November 2000. + Article 172 Putting into circulation, use or experimentation on man of drugs, biological products for human use *), appliances * *) and technical-medical products that are not authorized or, as the case may be, registered by the Ministry of Health, are prohibited and se sanction according to the law. ------------- *) The provisions on medicinal products, contained in art. 172 172 have been repealed by art. 110 of Emergency Ordinance no. 152 152 of 14 October 1999 published in the Official Gazette no. 508 508 of 20 October 1999. **) The provisions on medical devices contained in art. 172 172 have been repealed by art. 48 48 para. ((2) of Law no. 176 176 of 18 October 2000 published in the Official Gazette no. 544 544 of 2 November 2000. + Chapter 8 Medical scientific research + Article 173 Medical scientific research has as main objectives the deepening of the knowledge of biological phenomena related to the adaptation of man to modern life, the prevention of diseases, the frining of the body's degenerative processes human life and activity, application of new methods and techniques of prophylaxis, diagnosis, treatment and recovery, intensive use of indigenous resources, medicinal plants and natural cure factors. + Article 174 The Ministry of Health together with the National Council for Science and Technology are responsible for the orientation of medical scientific research to solve the essential problems of ensuring the health of the population, their binding harmonious, physical and mental development, of man, of achieving the objectives of the single medical scientific research plan. The Ministry of Health leads the medical scientific research activity and responds to the promotion of the new in the field of medicine, to permanently lift the quality of healthcare in all health facilities by applying and generalizing scientific results. + Article 175 Scientific research is integrated with the work of nurse and medical education and is carried out within the framework of the single medical scientific research plan. The single research plan shall include the following priority guidelines: a) the deepening of the multilateral knowledge of the human body, the processes and mechanisms that condition the state of health and those that cause illness; b) increasing the possibilities of adaptation of the body and the collectivity to the environmental factors, to new living and working conditions; c) preventing and combating diseases by identifying and reducing risk factors and improving methods and means of early detection, treatment and recovery; d) improvement of health care of the population, in relation to the evolution of the state of health and social-economic development of the country; e) the development of drug and medical equipment production, by harnessing indigenous resources and providing research for their introduction into medical practice. Research units from other fields and branches of activity participate in scientific research in the field of health protection. + Article 176 The Academy of Medical Sciences, according to its status, organizes and controls the entire medical scientific research activity and responds to the realization of the unique research plan at the level of the development of medical sciences worldwide, such as and to obtain results with practical applicability, leading to the improvement of health care. To this end, the Academy of Medical Sciences mainly has the following duties: a) develop the unique medical scientific research plan and adapt it periodically to the needs of health insurance, based on the dynamics of the health of the population and in relation to the level of medical sciences; b) organize, guide and control the scientific research activity included in the single medical research plan, regardless of the subordination of the units or collectives that carry out this activity; c) organises the concentration of research potential to achieve the objectives set out in the single research plan and to shorten the research-valorisation period; d) organize and coordinate, on fields, the research activity, so that to ensure the application of unitary research methodologies and to obtain useful results for medical practice and scientific research; e) make proposals to capitalize on research results in practical activity and follow the results obtained; f) take measures for the rational use of the material base, organize central laboratories equipped with virf equipment in order to use it jointly by research, education and medical practice; g) organizes and ensures, through research collectives, the technical and methodological guidance of health facilities, according to the program established by the Ministry of Health; h) organizes and controls the improvement of the professional training of the research staff, as well as its judicious use in integrated activities, research, education and medical practice; i) stimulates the creative activity of all health personnel and supports the introduction of new techniques and means in scientific research and medical practice. + Article 177 Institutes, centers and medical research teams, medical and pharmaceutical higher education institutions, clinical hospitals are obliged to realize their objectives through the unique research plan, to pursue the valorization in the medical practice and the activity of microproduction of scientific research results and provide expert technical assistance for profile units in the health network, ensure and, where appropriate, support training activities and perfecting the frames. + Article 178 The medical scientific research staff is obliged to thoroughly know the public health problems in his field of activity, to continuously improve his professional training, to make his contribution to the discovery of new methods and means to improve the healthcare of the population. + Article 179 The Ministry of Health establishes the units and conditions under which new means and methods of prophylaxis, diagnosis, treatment and medical recovery can be experienced and approve the introduction into medical practice of the results of scientific research. + Article 180 The Union of medical science societies, the public, scientific and professional organization of health personnel, must contribute, according to its status, to the debate and dissemination of the results of scientific research and medical practice, to the organisation of a broad exchange of experience in order to further improve the training and quality of healthcare. + Article 181 The Academy of Medical Sciences and the Union of Medical Sciences societies ensure the exchange of scientific information in the field of public health insurance and contribute to the affirmation of Romanian science and medical practice internationally. + Chapter 9 Forensic activity + Article 182 The forensic assistance consists in carrying out surveys, examinations, findings, laboratory examinations and other forensic works on people in life, bodies, biological products and delicate bodies, in order to establish the truth in the the causes of crimes against life, bodily integrity and health of persons, as well as in other situations provided by law. + Article 183 The death of a person or the fact that the child was born dead is found and certified by the doctor, except in cases where, according to the law, the finding can be made by other organs. + Article 184 Committees and executive offices of popular councils exercising civil status duties will record the death of a person found according to art. 183, only on the basis of the death certificate, issued by the health unit. + Article 185 In case of death occurred in the health facilities, the autopsy is mandatory for the purpose of specifying or confirming the cause of death. The autopsy is done by the coroner or the doctor designated for this purpose by the health department, in the respective health unit, except for the forensic cases that make it necessary to perform the autopsy in another place. If it is found that the death occurred at the fault of the health personnel, the coroner or the one designated by the health department to carry out the autopsy is obliged to notify the competent judicial bodies. Whenever there are suspicions that a person's death was caused by medical fault, the presence of the prosecutor is mandatory when performing the autopsy. The prosecutor also has the right to ask, when necessary, to restore the autopsy by a forensic commission, in his presence. The director of the health unit may approve, with the opinion of the chief section doctor, not to perform the autopsy if there are no forensic impediments. + Article 186 The situations and conditions under which the forensic assistance is granted, the acts that are drawn up or released, shall be established according to the law. + Chapter 10 Final provisions + Article 187 Non-compliance with the provisions of this law attracts disciplinary, contravention or criminal liability, as appropriate, as well as material or civil, of the guilty person. Practicing the profession of doctor, pharmacist or dentist by persons other than those authorized by the Ministry of Health, recommendation of the use of medicines, biological products, medical-medical or medical devices in other conditions than those established according to the law, constitutes a crime and is sanctioned by criminal law. It is also a crime and is sanctioned by the criminal law conditioning medical care by receiving money or obtaining other material advantages. + Article 188 Persons who by their deeds do damage or damage to the health of another person respond according to the law and are obliged to bear the necessary expenses of medical assistance granted to it. + Article 189 This law shall enter into force 90 days from the date of publication in the Official Bulletin of the Socialist Republic of Romania. The same date shall be repealed: - Health and Safety Law no. 236/1930 ,, published in the Official Gazette no. 154 154 of 14 July 1930, as amended; - Law no. 508/1939 on the regulation of the cosmetic practice, published in the Official Gazette no. 130 130 of 9 June 1939; - Law no. 189/1943 for the state health organization, published in the Official Gazette no. 171 of 23 March 1943, as amended; - Decree no. 141/1953 for the prevention and control of venereal diseases, published in the Official Bulletin no. 11 11 of 9 April 1953; - Decree no. 212/1953 on the regulation of the practice of the doctor's profession, published in the Official Bulletin no. 16 16 of 16 May 1953; - Decree no. 974/1965 on the establishment, organization and functioning of the State Health Inspectorate, published in the Official Bulletin no. 24 of 30 December 1965, as amended; - Decision of the Council of Ministers no. 297/1952 regarding the protection of the child, published in the Official Bulletin no. 13 13 of 14 May 1952; - Decision of the Council of Ministers no. 1830/1953 for the reorganization of the medical-sanitary assistance of workers, technicians and officials from industrial enterprises, published in the Collection of Decisions and provisions of the Council of Ministers no. 38 38 of 13 June 1953; - Decision of the Council of Ministers no. 190/1954 to create and manipulate anti-epidemic reserves within the Ministry of Health; - Decision of the Council of Ministers no. 1022/1954 on the granting of gratuity on the admission and transport of certain categories of sick and their companions, published in the Collection of Decisions and provisions of the Council of Ministers no. 36 36 of 7 July 1954; -Decision of the Council of Ministers 1302/1955 on the approval of the regulation for the health security of borders, published in the Collection of Decisions and provisions of the Council of Ministers no. 46 46 of 22 August 1955; -Decision of the Council of Ministers and of the General Union of Trade Unions of Romania no. 9/1960 on the organization of the rest and treatment of working people in climatic and spa resorts; -Decision of the Council of Ministers no. 202/1970 on the passage of some health facilities subordinated to the Ministry of Health under the executive committees of the county folk councils; - Decision of the Council of Ministers no. 558/1970 on improving the balneoclimatic activity and amending certain provisions of the Decision of the Council of Ministers no. 405/1965 ,, published in the Official Bulletin no. 51 51 of 22 May 1970; - Decision of the Council of Ministers no. 560/1970 on the regulation of medical assistance with payment, published in the Official Bulletin no. 51 51 of 22 May 1970; - Decision of the Council of Ministers no. 1946/1970 on the passage of health facilities under the Ministry of Health under the executive committees of the popular councils, --as well as any other provisions to the contrary. ---------------------------------