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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Law No. 3 of 6 July 1978 on health insurance (updated until 18 October 2000) * ISSUING NATIONAL ASSEMBLY) — — — — — — — — — — — — — — — *) Updated before October 18, 2000: Law No. 74 of 6 July 1995 (simple and republished); Law No. 126 of 22 December 1992; Law No. 100 dated 26 May 1998; Law No. 146 iunlie 27, 1999; Emergency Ordinance No. 152 of 14 October 1999; Ordinance No. 109 from 31 august 2000; Law No. 176 of 18 October 2000.
The program of the Communist Party of faurire socialist society and advancing multilateral developed Romania toward Communism is in the center of the whole works of edification of the new orinduiri-the essential factor of economic and social development, satisfying all the conditions of its life requirements, harmonious development, physical, intellectual and moral, the affirmation of the full work capacity and the creation of each Member of society. The ultimate goal of the policy of the party and the State, the essence of our orinduirii, is to ensure the welfare and happiness of man, material and spiritual progress of the people.
In characterizing the revolutionary spirit of humanism the entire policy of the party and the State, as part of the overall economic and social development of the country, lifting of the civilization and culture of the people, the company assures all citizens all the best conditions for the strengthening of health care and strengthening, for the family, upbringing, training and educating new generations, creating an environment favorable to the development of more general healthy maintaining the vigour of youth, and the entire nation.
Preventing and combating the causes of illness, prolong human life and activity, raising some vigorous generations constitute basic principles of the party and rule policy in the field of public health.
To this end, the company allocated in part the importance of its material for carrying out a complex of measures of economic, social, cultural and health, leading to the development and strengthening of population health, the valorisation of natural factors for strengthening it, restore work capacity, improving the quality of health care, the increase in the training of health personnel and to the improvement of the sanitary barrier-free units.
Under the Constitution, the State guarantees the right to health protection and ensure the access of all citizens of the country, should they occur, irrespective of nationality, race, sex or religion, and to medical care.
The ruling body of the work, and the entire staff of the health units are responsible for carrying out the policy of the party and rule in the area of public health, the implementation of programmes concerning health insurance and all other measures of improvement of medical care.
Doctors, health, all staff must be active militants for health, to manifest love for man, dedication and passion in the realization of the obligations, to be made available to citizens, at any moment to take throughout their high activity on morals, attire to lift permanently the level of vocational training.
In accordance with scientific and technical progress with the requirements they impose on the evolution of society is necessary for the medical care of the population continuously refine and provide the most appropriate means and methods of prevention and control of disease. Medical scientific research-based factor of multilateral progress of health insurance-must be linked to more and more closely, the recognition of the fundamental processes of life, the demands of medical practice.
Sanitary units, Socialist organisations, community and every citizen in part are obliged to actively contribute to creating and maintaining proper conditions of life and work to defend and develop the health status of the population.
In order to establish uniform legal framework and improvement of activity in the field of health insurance, strengthen accountability to the organs, establishments and health personnel.
National Assembly of the Socialist Republic of Romania adopts this law.


Chapter I General principles article 1-15 Repealed.
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Art. 1-15 were repealed by article 19. 36 of the law nr. 100 dated 26 May 1998 published in Monitorul Oficial nr. 204 of 1 June 1998.


Chapter 2 Organization of the work of the health insurance section 1 sanitary Units, their attributions and responsibilities Article 16 basic health units Network consists of medical dispensaries and hospitals, dispensaries, polyclinics organized on a territorial principle or place of work.
Sanitary units, as organs, are responsible, toward popular councils and governing bodies, upon the completion of the whole complex of measures established by the law for health insurance from their range of activity.
Sanitary units in enterprises and educational institutions responsible for fulfilling their obligations and in bodies of collective leadership.
The funds required for the operation of sanitary units, including those to remunerate staff, shall be provided in the popular communal councils budgets, city, municipal, County and Bucharest. Sanitary units organized under the auspices of enterprises also benefit from the material means provided by the law, from the Fund for social action. Also, businesses are required to provide space and other means necessary for the maintenance and proper functioning of the respective sanitary units.


Article 17 sanitary Units can be organized as provided by law and under the control of the Ministry of national defense, Ministry of Interior and the Ministry of transportation and Telecommunications.
Medical-sanitary activity, these units are subordinated and Ministry of health.


Article 18 Repealed.
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Art. 18 was abrogated by article. 36 of the law nr. 100 dated 26 May 1998 published in Monitorul Oficial nr. 204 of 1 June 1998.


Article 19 medical Dispensary sanitary unit constitutes the basis which is organized into communes, towns and municipalities, businesses and education institutions, for the application of sanitary measures and general medical assistance, preventive or curative, the population of the territory.
Within the medical dispensary medical consultation work and general medical treatments and, where necessary, dental clinics, adult and children's stationary, births, health points, laboratory and radiology and others.
Republican policlinic health unit is organized into cities and municipalities, which works with general medicine cabinets and cabinets for consultations and treatments.


Article 20 In each commune is organizing a medical dispensary, which is responsible for the realisation of the whole complex of measures to ensure the health of the population in all localities.
In municipalities with large numbers of residents, medical dispensaries and can be organized with specialized agencies.
For specialized assistance, cooperate with dispensaries nearest hospital, established by the Directorate of health.
Communal medical dispensaries operate under County Health Directorate or Directorate of health of the municipality of Bucharest.
In the villages where hospitals are organised, they meet the medical dispensary and communal tasks.


Article 21 In cities and municipalities shall organise one or more medical dispensaries or health centres, polyclinics in relation to the number of population and territory established by the Directorate of health, appropriate uniform rules structure.
Medical dispensary of the cities and municipalities operate under County Health Directorate or Directorate of health of the municipality of Bucharest. For specialized assistance, works with medical dispensary hospital established by the Directorate of health.
Republican policlinic is organised under the control of the hospital and provide both general medical assistance, as well as the specialist for the population of the territory.


Article 22 in addition to businesses and education institutions in relation to the number of staff worker or, where relevant, the times can be arranged for students, according to the law, dispensaries or hospitals medical dispensaries.
Medical dispensaries or hospitals organized under the auspices of the dispensaries businesses or educational institutions are subordinate to, if necessary, the Health Division or the district hospital which provides medical care for that unit.


Article 23 meets medical Dispensary in the main following tasks: (a) strict compliance) is pursuing hygiene standards ensuring the protection of public health, fîntînilor, other sources of drinking water, hygiene conditions in public catering, in colectivitatile of children, youth and workplaces;
  

b) apply measures to prevent and combat the disease, as well as the other measures provided for in the health programs;
  

c to ensure healthcare) pregnant woman, mother and child health;
  

d) follow the development of the health status of staff, pupils and students and, depending on the specifics of their activity, make proposals to bodies provided by law for the application of sanitary measures necessary;
  


e) conducts health education and train public health assets and the entire population to achieve the prophylactic measures;
  

f) performs an analysis of the disease that cause temporary incapacity for work in businesses without their own dispensary and find temporary work incapacity;
  

g) grant emergency medical care in case of illness or accident;
  

h) grant general care, preventive and curative treatments carried out in the clinic or, as appropriate, to the sick, as well as laboratory analysis;
  

I) ensuring medical care by hospitals where he has no diagnosis or treatment possibilities, and if patients or suspects of infectious diseases requiring hospitalization;
  

j) grant them medical beds in stationarul cases of illness that require permanent medical surveillance and do not require admission into hospital.
  


Article 24 medical Dispensary in enterprises, in addition to the powers provided for in art. 23, controls the observance of hygienic conditions and measures governing the removal of nuisances from the workplace, carry out health surveillance at regular intervals and to employment and labor, discusses diseases that cause incapacity for work, taking measures for their reduction and strengthening of the health status of staff worker.
Article 25-30 hospital Repealed.
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Art. 25-30 were repealed by article 19. 21 of law No. 146 of 27 July 1999, published in Official Gazette No. 370 from august 3, 1999.
Rescue station Article 31 Rescue Station is organized in the County Hospital, and in Bucharest, under the Health Directorate in order to ensure, in accordance with the law, the requirements of special means of transport of its units and emergency medical assistance. To this end, rescue station formations have the obligation to respond to requests promptly, to give first aid and provide medical transportation.


Article 32 the program of work of rescue station is 24 hours, without interruption, including Sundays and public holidays.
Harvesting and Conservation Center of the blood collection centre Article 33 and preservation of blood is organized in the county hospital.
In Bucharest, the duties of the semen collection centre and the blood conservation of Hematology Center under the Ministry of health.
The Centre ensure harvesting and preserving blood, as well as preparation of blood-derived necessary health care. To this end it carries out analyses and periodic examinations of donors and participate in actions to educate the general public in order to blood donation.
At the same time, the Center directs the work of harvesting and preserving blood, in which territory it serves.
Nursery and children's cradle Article 34 Nursery unit which ensures health, according to the law, growth, education and health care to children up to age 3 years whose parents or legal supporters are engaged in work in a period of study or in other similar situations.
Cradle for babies is the permanent activity of health through which ensure the protection, upbringing, education and care of children in the age of up to 3 years without legal supporters or showing certain diseases or learn in other situations provided by law.
Nursery and children's cradle works, under the conditions provided by law, under the popular councils or hospitals. Nursery children, organized according to the structure of the uniform rules along with a Socialist drive, it works and its subordinate.


Article 35 of the cradle Nursery and children meet in the main following tasks: to provide an educational program), complex, adapted to each age group, in order to foster healthy development of children and hygienic properties of age appropriate skills;
  

b) grant medical care and ensure that the necessary measures for the prevention and control of diseases, in particular those transmissible;
  

c) rational and individualized nourishment, as well as the use of specific means for raising children and strengthening the body's resistance.
  

Sanatorium and preventoriul Article 36 in areas with natural cure factors of particular importance are organised and efficient nursing homes for conditions that ensure healthcare through the use mainly of natural factors, with the aim of fully recovering patients, strengthening the health and work capacity.


Article 37 Preventoriile is organized for the purpose of recovering fully to those who suffered from some contagious diseases, particularly tuberculosis, as well as for the prevention of disease to people who come from the environment of such contributory sickness.
Article 38 pharmaceutical network providing medicines and sanitary units is achieved through pharmacies, post offices and other units of the socialist trade as provided by law, distributed throughout the country.
Pharmacies are organized according to the structure of the uniform rules, under the control of the Office and meet in the main following tasks: a) issued and, where appropriate, prepare medicines and other pharmaceutical products in compliance with strict legal provisions;
  

b) responsible for the demand for pharmaceutical products, conserving and using them within the time limits of validity;
  

c) taking action to combat child abuse and automedicatiei drugs.
  


Article 39 pharmaceutical Office organizes the counties and in Bucharest under the sanitary directions.
The Office is responsible towards the Council of Pharmacy popular Bucharest or County of the entire business of distribution of medicinal products, their storage and control of rhythmical, with supply agencies across pharmaceuticals, medical-technical and sanitary materials to pharmacies, health establishments and the general public, as well as preparation of products through its specialized laboratories.
Sanitary anti-epidemic Centre-Article 40-41 Repealed.
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Art. 40-41 were repealed by article 19. 36 of the law nr. 100 dated 26 May 1998 published in Monitorul Oficial nr. 204 of 1 June 1998.


Section 2 Organs of collective leadership of the health units Article 42-49 Repealed.
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Art. 42-49 were repealed by article 19. 36 of the law nr. 100 dated 26 May 1998 published in Monitorul Oficial nr. 204 of 1 June 1998.


Section 3 Guidance, control and coordination of health insurance Article 50-51 be repealed.
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Art. 50-51 were repealed by law No. 126 of 22 December 1992 and published in Monitorul Oficial nr. 1 of 8 January 1993.


Article 52-56 Repealed.
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Art. 52-56 were repealed by article 19. 36 of the law nr. 100 dated 26 May 1998 published in Monitorul Oficial nr. 204 of 1 June 1998.


Chapter 3 Health Staff Article 57 medical care to population health ensure staff consisting of: (a) training health personnel) with the superior;
  

(b) environmental health staff);
  

c auxiliary health personnel);
  

The profession of physician, pharmacist or dentist is practiced only by those with a graduation diploma from an Institute of higher learning and who are authorized under the staff regulations, of the Ministry of health.


Article 58 Physicians, pharmacists, health personnel are responsible, under the law, the quality of care given and the obligation to act with responsibility and high citizen for preventing and combating disease, have a deeply human attitude throughout their activities, to continually improve their vocational training.


Section 1 medical and Pharmaceutical Education Article 59 medical and pharmaceutical education is carried out training and education of health personnel with superior environment and training required to ensure the population's health.


Article 60 environmental health Staff is preparing in high schools, which are organised according to the law, the Ministry of health and Ministry of education and higher education.


Article 61 the preparation and education of students through lessons, practical work, laboratory work, training and other educational activities, practice and educational, in educational establishments and sanitary units, on the basis of the educational plans and programmes developed by the Ministry of health and Ministry of education and higher education.


Article 62 of the sanitary Lyceum Studies ends with Baccalaureate exam, which is conducted according to the rules laid down by the Ministry of education and higher education.
High school graduates, after completion of the traineeship or internship for 9-12 months in health units and the examination of qualification, will exercise the profession of nurse, laboratory technician, technician and other functions provided for in the nomenclature of functions for health staff trained.
The sanitary Lyceum graduates with baccalaureate degree are entitled to participate in the competition for admission to any institution of higher learning.


Article 63 Physicians, pharmacists and dentists are preparing in medico-pharmaceutical institutes or faculties of medicine, pharmacy times according to the law, the Ministry of education and Ministry of health and Education.


Article 64


Institutions of higher medical and pharmaceutical are obliged to ensure the preparation of students for the multilateral, that every physician, dentist and pharmacist should be able to meet, in optimal conditions, the insurance obligations of General healthcare-preventive, curative and rehabilitation-to demonstrate high moral responsibility in the exercise of the profession.


Article 65 medical and pharmaceutical higher education unfold integrated with healthcare and medical scientific research, according to the educational plans and programmes developed by the Ministry of health and Ministry of education and higher education.


Article 66 Studies in medical and pharmaceutical higher education culminating in a diploma exam.
Alumni who obtained diploma, passed the examination on the basis of which may be exercised, in accordance with the law, the profession of physician, pharmacist or dentist.


Article 67 teaching staff, doctors and pharmacists, from medical and pharmaceutical higher education is obliged to carry out integrated teaching activity with the assistance of medical and scientific research, to participate in actions of specialization and further training of health personnel, in accordance with programmes developed by the Ministry of health and Ministry of education and higher education.


Article 68 in order to ensure the quality of medical care at the appropriate level and the stabilization of the medical staff in common, after graduating from the higher education doctors will carry out, under the conditions provided by law, a period of practice in hospitals or other health units, according to a schedule established by the Ministry of health, under the direct guidance of some experienced doctors and professional competence, after which will work in the units in which they were assigned.


Article 69 the Organization, guiding and controlling the process of medical education and pharmaceutical ensure by the Ministry of health in conjunction with the Ministry of education and higher education.


Section 2 obligations of health personnel trained health Staff Article 70 superior with superior training includes doctors, pharmacists, as well as biologists, chemists and other staff with specialized training, working in the field of health insurance.


Article 71 The occupation, doctor, regardless of specialty and unity in which it operates, shall have the following obligations: a) to apply and to use the procedures and the means it has at its disposal in order to achieve the objectives set out in the programmes of health and prevention of disease;
  

b) to control the application of strict rules of hygiene, ensure the maintenance and promotion of the health of every citizen, to carry out a sustained activity of health education;
  

c) to trace how hygienic conditions are provided in the workplace and to have at its disposal appropriate measures for overcoming the dangers of falling ill staff worker;
  

d) to apply the measures for prevention and control of communicable diseases, and chronic diseases;
  

e) ensure permanent medical assistance for patients whom he takes care to apply the appropriate medical treatment and to promote preventive measures in order to prevent complications of diseases and children pyelonephratis;
  

f) to prescribe and to use only the drugs and biological products for human use which are necessary for carrying out the treatment contained in the prescription drugs and biological products for human use, to prevent and combat the abuse of drugs, to signal unexpected reactions from the authorities;
  

g) to use for the treatment of medical gymnastics and medical rehabilitation of patients, correcting physical and functional deficiencies and recommend practicing physical exercises for strengthening the body and maintain health;
  

h) to draw up correctly and responsibly, according to medical documents liability legal norms;
  

I) to participate in the event of natural disasters, epidemics or accidents, the actions of first aid and medical care;
  

j) to demonstrate full understanding towards the sick, to avoid any attitude that can negatively influence the progress of disease; not receive or make, in every way, providing medical care, other times the performance of the duties incumbent upon the obtaining of sums of money or other advantages;
  

k) to give first aid and ensure patient care until the extinction of the State of danger to health or life or until the admission of the patient in a health care unit;
  

l) ensure continuity of care, to respond to claims of the sick and to reside in the locality of the health unit; to that end, popular councils will support health professionals to obtain the law of housing required.
  


Article 72 the pharmacist has the following obligations: a) to participate, along with a doctor, to the work of Defense and health care, the prevention of abuse of medicines and combating automedicatiei;
  

b) to advise the population on how to use the drugs, dosage and compliance with prescribed consequences of incorrect use; to popularize the use of medicinal plants by all citizens in the prevention and treatment of diseases;
  

c) to prepare and issue the medicines prescribed in Romanian Pharmacopoeia, with strict observance of the technical rules laid down by the Ministry of health;
  

d) to pursue the permanent physical and chemical qualities of drugs, to cease inappropriate consumption and to report, without delay, by the competent bodies changes recorded;
  

e) to ensure the preservation, the conservation and security of drugs, according to the legal provisions, and not to release the drugs with expired shelf life;
  

f) to collaborate permanently with the doctor for the rational and efficient use of funds and to inform it whenever problems arise in the consumption of medicinal products;
  

g) to follow strictly the compliance with rigorous manufacturing technologies and quality of pharmaceutical products where it carries out its activity in a manufacturing plant.
  


Article 73 Biologist, chemist and other specialized staff with the preparation of sanitary units have the obligation to participate, according to the Department, along with their doctor and pharmacist, the medical care of the population.


Section 3 obligations of environmental health personnel and auxiliary health Staff Article 74 Medium consists of nurses, medical laboratory assistants, technicians and other frameworks with specialized average training.


Article 75 environmental health Staff operates under the guidance and supervision of a doctor and has mainly the following obligations: a) participate in actions to prevent and combat the disease, the health education;
  

b individual hygiene) ensures continuous patient care, diet and prescription medications administered;
  

c) Protocol to be carried out, according to the doctor, treatments and care, probe collection laboratory tests and other medical benefits; grant medical first aid;
  

d) oversees the permanent status of patients and advise physician on the evolution of the disease, responding promptly to their requests, being forbidden to receive or to claim the sum of money or other advantages of materials from patients whom he has in care;
  

e) is responsible for the proper maintenance of equipment, machinery and instruments, and other materials from endowment and execute the preparation and sterilizing instruments and equipment with technical and sanitary standards.
  

Health personnel in the pharmaceutical network environment it operates under the direction and supervision of the pharmacist and execute operations of reception, preparation and release of drugs or biological products for human use. Manipulation is prohibited by such personnel of toxic products or drugs.


Article 76 auxiliary health Staff includes nurses, caregivers and other staff also ensure cleanliness and hygiene, sanitary units, keeping the preparation of necessary materials, escorting patients hospitalized in need; performs other tasks provided for in the rules of organization and functioning of the unit.


Section 4 health personnel Discipline Article 77 of the health Staff is obliged to apply the appropriate medical treatment of each disease and meet the medical standards for treatment.
Breaking the rules of medical treatment, the prescription of drugs contraindicated or inadequate application of treatments that cause damage to limb or health, causing a permanent disability times put in danger the life of a person or that results in death, is punishable according to the criminal law.


Article 78 the paperwork, medical data and information obtained by health staff in exercising the functions of service constitute trade secret, disclosure of their being prohibited.
Does not constitute disclosure of professional secrecy or disclosure or reporting of the information referred to in the preceding paragraph shall, pursuant to the legal provisions.


Article 79 (1) Repealed.
  


(2) medical staff which has suspended the right to exercise the profession it is forbidden to give advice, prescribe medicines, recipes to prepare, make or manage any methods of treatment in the field of medicine or pharmacy, as a doctor, pharmacist or dentist, except for the granting of first aid.
  

— — — — — — — — — — —-. (1) of article 1. 79 was repealed by article. 48 of law No. 74 of 6 July 1995, published in Monitorul Oficial nr. 149 of 14 July 1995; repealed by law No. 74 (republished) of 6 July 1995, published in Monitorul Oficial nr. 650 of 12 December 2000.


Repealed article 80.
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Art. 80 was repealed by article. 48 of law No. 74 of 6 July 1995, published in Monitorul Oficial nr. 149 of 14 July 1995; repealed by law No. 74 (republished) of 6 July 1995, published in Monitorul Oficial nr. 650 of 12 December 2000.


Repealed by article 81.
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Art. 81 was repealed by article. 48 of law No. 74 of 6 July 1995, published in Monitorul Oficial nr. 149 of 14 July 1995; repealed by law No. 74 (republished) of 6 July 1995, published in Monitorul Oficial nr. 650 of 12 December 2000.


Chapter 4 Strengthening the health status of the population and preventing the disease section 1 environmental hygiene of life and work in article 82-92 Repealed.
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Art. 82-92 were repealed by article 19. 36 of the law nr. 100 dated 26 May 1998 published in Monitorul Oficial nr. 204 of 1 June 1998.


Section 2 the defence and development of maternal, child and youth Article 93-96 Repealed.
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Art. 93-96 were repealed by article 19. 36 of the law nr. 100 dated 26 May 1998 published in Monitorul Oficial nr. 204 of 1 June 1998.


Article 97 his parents legally have other dissolution shall, at the request of any of the units, to present the child for medical examination and preventive measures.


Section 3 the prevention and control of communicable diseases in article 98 the prevention and control of communicable diseases constitute a permanent obligation for health personnel and units, as well as for all citizens and Socialist.
In fulfilling this obligation, bodies and health staff are responsible for: (a)), and the Declaration, if necessary, compulsory isolation of patients, suspects of communicable diseases and of purtatorilor of pathogens;
  

b) vaccination, clinical, epidemiological investigations and laboratory application of prophylactic and curative treatments, and pursuing the achievement of measures for disinfection, deratization and disinfection;
  

c) surveillance of former patients, criminal suspects or purtatorilor of pathogens and the prohibition of receipt, classification, maintenance or resumption of their activity in children's collectivities in the food sector, from the operation of the central facilities of drinking water supply in other units if their presence constitutes a danger to the health of the population;
  

d) special measures, health at the crossings of the State border, in localities and units, for the people, food, goods, vehicles and more.
  


Article 99 of the Health Personnel who observe or be informed of the existence of a case of simply great disease has the obligation to immediately take all measures to prevent the spread of disease in the population or turn into communities and to inform as soon as Sanitaire unit higher.
Also, the health staff is required to take measures to expedite patient isolation, performing preliminary epidemiological survey, identify the source of infection, registration and supervision, through clinical and laboratory examinations, to persons with whom the patient came into contact, as well as other measures in relation to the specifics of communicable disease.


Article 100 in the event of an outbreak of epidemic, in the event of an impending epidemic of the time in natural disasters, the Ministry of health, health units and health staff are required to have at its disposal the following: a prohibition on the consumption and marketing) food, objects, materials or substances contaminated or originating in contaminated environment, or reconditioning or their destruction;
  

b) dezinfectiei, dezinsectiei or deratizarii in some areas, localities, jobs, households and transport vehicles;
  

(c) establishing the necessary measures) with regard to the transport of cadavers or prohibition of transport in and out of the village where the death occurred;
  

(d) restricting or suspending), for limited periods, under the law, the activity of the movement of Socialist units, persons, vehicles, goods, food items or other goods from and to certain areas or in localities;
  

(e) intervention tasks) establishing the operative units of health care and medical research, with regard to the prevention and control of communicable diseases.
  


Article 101 every person on the territory of the Socialist Republic of Romania shall be subject to measures of prevention and control of communicable diseases, health units.
Communicable diseases for which treatment or hospitalization Declaration is mandatory shall be determined by the Ministry of health.


Article 102 militia bodies have an obligation that, at the request of health personnel, to provide support for the implementation of the measures of prevention and control of communicable diseases, against individuals who refuse or resist these measures.


Article 103 For emergency intervention, in the event of outbreaks of epidemic diseases, the Ministry of health shall constitute a reserve of antiepidemica medicines, serums, vaccines, disinfectants, insecticides, and other materials. Anti-epidemic reserve volume is approved annually by the national plan.


Article 104 Ministry of health ensures the exchange of epidemiological information with competent public health organs of other States or with international organizations corresponding, according to international regulations, agreements and conventions, international agreements to which the Socialist Republic of Romania is a party.


Section 4 the prevention and control of chronic non-communicable diseases in article 105 For the prevention and control of chronic non-communicable diseases-cardiovascular, cancer, rheumatism, nutrition and other diseases-as well as to eliminate the factors that favor the appearance of them, law enforcement officials, health personnel and units are obliged to organize broad prevention actions, carry out studies for the knowledge of factors that adversely affect the health, to detect and treat the diseases early stages in order to recover.


Article 106 of the sanitary Units are obliged to take the obvious subjects are non-communicable chronic diseases observed a set by the Ministry of health and to ensure the appropriate specialist treatment.


Article 107 if the disease with temporary incapacity, medical personnel is obliged to establish, together with indications of treatment measures for recovering work capacity and to pursue, together with the Socialist drives compliance. At the same time, the health units will support employment of people suffering from such diseases in an activity corresponding to their capacity.


Article 108 sicknesses which, because of the disorder, may endanger the life, health or bodily integrity of others or disturb, times repeatedly and severely, the normal conditions of life or work or may savirsi acts provided for in the criminal law, are subject to compulsory medical treatment in a health unit, according to the law.


Section 5 sport and Physical Education 109 Article for the purpose of harmonious development, physical and moral, of every citizen, temper and strengthen the body, prevent disease, increase work capacity and creative, as well as for the use of the helpful and pleasant, the heads of the Socialist are required units to develop the practice of physical education and sports, tourism, tours, hikes, by preschool students, students and all staff, as well as to improve the educational content of these activities.


Article 110 of the Health Units and the entire staff have an obligation to support and to steer the work of physical education and sport of citizens, taking into account the specifics of their labor, State of health and their physical ability.


Article 111 educational institutions are obliged to develop and to increase the efficiency of school physical education in all grades, to organize mass sports activity of pupils and students, to carry out diversified programs of physical education and sport, in order to strengthen the body and the formation of healthy habits of work and life.
At the same time, educational institutions and teachers of physical education are required, the doctor, to implement special programs for pupils and students gymnastics showing deficiencies in their physical development.


Article 112 Socialist Units are obliged to carry out an intense activity of attraction of working people to the systematic practice of physical education and sport and with the support of a doctor, to develop gymnastics in comfort, in order to remove fatigue and increase efficiency in their work.


Article 113


The Ministry of health, together with the National Council for Physical Education and Sport, develop hygienic-sanitary norms for physical culture and sport, develop research on the growth of the body's physical capacity, organise the work of sports medicine also provides control and medical-sanitary assistance to athletes.


Section 6 population health education health education Article 114 aims to instill the necessary population knowledge about the individual hygiene, environment, nutrition, prevention of illness, avoidance of abuse of medicines, hygiene skills, knowledge of the major signs of the disease and, in case of need, to first aid.


Article 115 health education activity is conducted on the basis of unique health education plan adopted by the Health Council, which includes mainly the following: a) educating children and youth in health and first aid, as well as for the formation of hygienic habits;
  

(b) health education) the integration of general educational process of educational institutions of all levels;
  

(c) development of education) the health actions relating to family and raising children;
  

d) health education to working people for the formation of hygienic behavior necessary to prevent illness, occupational diseases or accidents as well as to strengthen their capacity for work, to combat the abuse of drugs, alcohol, smoking and other habits harmful to health;
  

(e) diversification and improving content) materials and health education through the media, television, cinema or other means;
  

(f) training of the population to carry out) health programs for prevention and control of disease.
  


Article 116 the Ministry of Health coordinates, controls and is responsible for the completion of the unique health education.
The Ministry of Education, Culture and Education Council and Socialist Education, ministries, other Central and local bodies, the General Union of trade unions of Romania, the Union of Communist Youth Pioneer Organization, Romanian public broadcaster, National Council for Physical Education and Sport, Red Cross Society from the Socialist Republic of Romania, as well as Central and local press, are obliged to make a contribution, through specific means to the achievement of health education.


Chapter 5 health care of the population section 1 General care and emergency medical Assistance Article 117 of the population shall rule, in sanitary units.
Medical aid may be granted and in the workplace, at home or at the crash site, where applicable.


Article 118, all citizens are entitled to medical care provided by the medical dispensary, policlinic dispensary or, where appropriate, the nearest hospital, in whom he was domiciled times.


Article 119 Hospitalization of the patient is carried out mainly in case of emergencies, communicable diseases or chronic diseases that require treatment or conducting investigations under hospitalization.
Admission to hospital is made, as a rule, the words of the doctor or specialist in special situations, the doctor from the clinic. They are obliged, except medical and surgical emergencies, to ensure the necessary tests to establish the diagnosis in ambulatory conditions and shortening the period of hospitalization.
If the hospital which belongs to the sufferer is unable to provide necessary medical care unit is obligated to provide for the admission of the patient to another hospital or in a specialized unit.


Article 120 Medical Leave for temporary incapacity for work is granted to staff worker of Socialist Unity leadership on the basis of the medical certificate.
Medical certificates for temporary incapacity for work shall be issued under the conditions provided by law, by serving the health unit staff in the Socialist Worker.
In case of medical emergency, the emergency assistance grant is required to acknowledge in writing the diagnosis, treatment and duration of hospitalization or mandatory immobilized at home; the medical certificate shall be issued by the health unit belonging to the sufferer, after verification of the data of the unit which provided emergency medical care and the health status of the person concerned.


Article 121 Hospitals are obliged to communicate to the dispensary, for patients who have been in their treatment, all the information necessary to continue treatment.


Article 122 sanitary Units are obliged to provide permanent health care required, judicious scheduling hourly and specialties of all patients who request advice or treatment, in such a way that to avoid the crowds and long expectations thereof.


Article 123 Repealed.
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Art. 123 has been repealed by article 16. 36 of the law nr. 100 dated 26 May 1998 published in Monitorul Oficial nr. 204 of 1 June 1998.


Article 124 medical care unit is carried out with the consent of the patient or of persons who under the law are entitled to give consent.
In serious cases, for saving the life of the child, as well as to persons deprived of discernment of the helplessness of the times to manifest his will, there is a need for emergency medical care, and the consent or the consent of the entitled persons cannot get timely medical care will be made by the physician on his own responsibility.
In the event of a refusal of medical care, will require a written declaration to this effect, the doctor being obliged to inform the patient or the person entitled to give consent for the consequences arising from noncompliance with such care.
The provisions of this article shall not apply in cases where, under the law for the protection of public health, medical care is required.


Article 125 emergency medical aid shall be granted to all sanitary units permanently, at any time of day or night, regardless of the person's domicile.
Health personnel is obliged to give first aid medical specialty, regardless of the place where it is located, or if it is during the times apart work programme.
First aid at the scene of the accident or illness and shall constitute an obligation for the health of Red Cross formations from the Socialist Republic of Romania, from their jobs, from common, cities or municipalities, as well as for special teams.


Article 126 carriage of emergency accidentatilor, sick and pregnant women, with sanitary means of transport by road, air, and naval, ensure health care through its territorial unity.


Article 127 all citizens starting from school age are obliged to acquire the knowledge of the first aid.
Any person who is a face injury or serious illness is bound to give first aid within the limit of its possibilities, to notify the nearest health unit, to support the health staff in first aid, to provide means of transport available and to provide free transportation of the accidentatilor and patients up to the nearest health unit. These measures also apply to pregnant women whose condition requires emergency medical care.


Article 128 Socialist Units are obliged to support the action of training and health education of the population in first aid issues.
The Ministry of health together with the Red Cross Society from the Socialist Republic of Romania and the Ministry of education and education provide training and health education of the population in first aid issues.


Section 2 Therapy with blood, plasma and blood derivatives.
Taking and transplanting of tissue and human organs Article 129-137 Repealed.
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Art. 129-131 were repealed by article 19. 24 of law No. 2 of 8 January 1998 published in Monitorul Oficial nr. 8 of 13 January 1998.


Chapter 6, complex healthcare and climate section 1 organisation of medical care in the climatic spas in article 138-144 Repealed.
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Art. 138-144 were repealed by article 19. 21 of Ordinance No. 109 from 31 august 2000 published in Monitorul Oficial nr. 426 of 2 September 2000.


Section 2 Prospecting, exploitation and protection of natural and climatic factors balneari article 145-155 Repealed.
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Art. 145-155 were repealed by article 19. 21 of Ordinance No. 109 from 31 august 2000 published in Monitorul Oficial nr. 426 of 2 September 2000.


Chapter 7 the drugs, biological products, and medical technical products Article 156-168 Repealed.
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Art. 156-168 were repealed by article 19. 110 from an Emergency Ordinance nr. 152 of 14 October 1999, published in Official Gazette No. 508 of 20 October 1999.


Article 169 Ministry of health, in collaboration with interested central bodies, provide information and documentation of health personnel on the medicines, biological products for human use *), appliances and medical-technical products, as well as new advancements in science and technology in the field of medicine.
Advertising concerning medicines, biological products), and medical-technical products is made only with the agreement of the Ministry of health.
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*) Provisions relating to proprietary medicinal products contained in art. 169 were repealed by article 19. 110 from an Emergency Ordinance nr. 152 of 14 October 1999, published in Official Gazette No. 508 of 20 October 1999.


Article 170 Repealed.
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Art. 170 was repealed by article. 110 from an Emergency Ordinance nr. 152 of 14 October 1999, published in Official Gazette No. 508 of 20 October 1999.


Article 171 *) Devices and technical medical products to be used in medical treatment and investigations and other activities in relation to health care, orthopedic prostheses, dental, ocular, auditory, motion and other special also authorized by the Ministry of health.
— — — — — — — — — — — — — — *) the provisions relating to medical devices contained in art. 171 were repealed by article 19. 48 para. (2) of law No. 176 of 18 October 2000, published in Monitorul Oficial nr. 544 of 2 November 2000.


Article 172 Putting into service, use or experimentation on the human medicines, biological products for human use *), *) and medical-technical products which are not authorised or registered, as the case of the Ministry of health, are forbidden and shall be imposed according to law.
— — — — — — — — — — — — — *) provisions relating to medicinal products, as set out in article 11. 172 were repealed by article 19. 110 from an Emergency Ordinance nr. 152 of 14 October 1999, published in Official Gazette No. 508 of 20 October 1999.
*) The provisions relating to medical devices contained in art. 172 were repealed by article 19. 48 para. (2) of law No. 176 of 18 October 2000, published in Monitorul Oficial nr. 544 of 2 November 2000.


Chapter 8 medical scientific research Article 173 medical scientific research objectives main biological phenomena related to deepening knowledge of Human Adaptation to modern life, prevent disease, degenerative processes of the organism frînarea, prolonging life and human activity period, the application of new methods and techniques for the prevention, diagnosis, treatment and recovery, intensive use of indigenous resources, medicinal plants and natural factors.


Article 174 Ministry of health together with the National Council for Science and technology responsible for the orientation of scientific research for solving problems of population's health insurance, linking them to the requirements of harmonious development, physical and psychological, of man, of attainment of unique scientific research plan.
The Ministry of Health conducts scientific research and is responsible for promoting the new in the field of medicine, Permanent lifting the quality of medical care in all health units through the application and generalization of scientific results.


Article 175 scientific research is integrated with the assistance and medical and education takes place within the unique scientific research plan.
Unique research plan shall include the following priority guidelines: to deepen knowledge of) the multilateral body, the processes and mechanisms that the regular filing health and those that cause disease;
  

b increased opportunities for adaptation) of the body and of the ambient factors, new conditions of life and work;
  

c) preventing and combating disease by identifying and reducing risk factors and improving methods and means of early detection, treatment and rehabilitation;
  

(d) improvement of healthcare) population in relation to the evolution of the health status and socio-economic development of the country;
  

e) and production development of medical devices, harnessing of indigenous resources and providing research for their introduction into medical practice.
  

The scientific research in the field of healthcare and research units participate in other fields and branches of activity.


Article 176 Academy of medical science, according to its status, organizes and controls the entire scientific medical research and is responsible for the single plan of research at the level of the development of medical science in the world, and the results that can be applied to practice, leading to the improvement of health care.
To this end, the Academy of medical sciences has mainly the following duties: a unique plan) develops scientific research and it adapts to the needs of health insurance at regular intervals on the basis of the dynamics of the health status of the population and in relation to the level of medical sciences;
  

b) organizes, directs and controls scientific research included in the unique medical research establishments, regardless of their subordination or collectives that carry out this task;
  

c) organises research potential concentration for the realization of the objectives set out in the plan's unique research and shortening the period of recovery;
  

d) organizes and coordinates, on fields, research activity, so as to ensure uniform application of research methodologies and results of use to medical practice and scientific research;
  

e) make proposals to exploit research results in practice activity and follow the results obtained;
  

f) ensure rational use of material base, central laboratories equipped with apparatus for use of its sunk jointly by research, education and medical practice;
  

g) organize and ensure, through groups of research, technical and methodological guidance to health units, according to the program established by the Ministry of health;
  

h) organizes and controls the improvement of vocational training research staff, as well as judicious use of its integrated activities, research, education and medical practice;
  

I) stimulates creative activity of all health personnel and supports the introduction of new techniques and tools in scientific research and medical practice.
  


Article 177 Institutes, centers and medical research groups, institutions of higher medical and pharmaceutical, clinical hospitals are obliged to achieve their objectives through unique research, plan to follow the capitalization in medical practice and scientific research results of microproduction and specialized technical assistance grant for health network profile, and as appropriate, to support the activities of the training and professional development.


Article 178 of the medical scientific research Staff is obliged to thoroughly acquaint himself with public health issues in the field of activity, to improve their continuous training, to bring their contribution to the discovery of new ways and means for improving the medical care of the population.


Article 179 establishes the Ministry of health units and the conditions under which they can experience new means and methods of prevention, diagnosis, treatment and rehabilitation, and approve the introduction into medical practice the results of scientific research.


Article 180 of the companies Union medical sciences, public organization, scientific and professional medical staff, must contribute according to its status, the debate and the dissemination of the results of scientific research and medical practice, in organizing a broad exchange of experience in order to improve ongoing professional education and the growth of quality medical care.


Article 181 Academy of medical sciences and the health sciences companies secure exchange of scientific information in the field of public health insurance and contributes to the affirmation of the Romanian science and medical practice internationally.


Chapter 9 work of forensic Article 182 forensic Assistance consists in making surveys, examinations, findings, laboratory tests and other forensic works on people in their lives, bodies, biological products and related bodies, in order to establish the truth in cases relating to offences against life, body integrity and health of persons, and in other cases provided by law.


Article 183 a person's Death or the fact that the child was born dead it is noticed and it is certified by a doctor, except in cases where, under the law, the finding may be made by other bodies.


Article 184 Committees and the executive offices of the popular councils exercising powers of civil status shall record the death of a person found under art. 183, but based on the Sungold death certificate, issued by the health unit.


Article 185 if the death occurred in the health units, autopsierea is mandatory for the purposes of depreciable property or confirmation of the cause of death. Autopsierea is done by the coroner or doctor designated for this purpose by the Health Directorate in the health unit, except in cases where forensic autopsy that make necessary elsewhere. In a situation where it is established that the death occurred due to the staff, coroner or at designated by the Health Directorate to conduct an autopsy is required to refer the matter to the competent judicial bodies.

"Whenever there is suspicion that a person's death was due to carry out a medical autopsy is mandatory and the presence of the Prosecutor. In addition, the Prosecutor has the right to require, when necessary, restoring the autopsy by a forensic Commission, in his presence.
Health Unit Director may approve, with the opinion of the physician head of section, not if there is no impediment on the autopsy of a medico-legal.


Article 186 cases and conditions under which it is granted the forensic assistance, documents shall be made or shall be issued shall be determined according to the law.


Chapter 10 final provisions Article 187 violation this law shall entail disciplinary, administrative or criminal liability, as appropriate, as well as material or civil person.
Practicing the profession of physician, pharmacist or dentist by persons other than those authorized by the Ministry of Health, recommending the use of drugs, biological products, medical, technical or medical devices under conditions other than those laid down by the law constitute offences and sanctions of the criminal law.
It also constitutes the offence and sanctions of penal law medical care, conditioning the receipt of sums of money or obtaining other material advantages.


Article 188 persons who through their actions prejudicial to the health or damage another person responsible according to the law and are obliged to bear the costs of medical care given to it.


Article 189 this law shall enter into force 90 days after the date of its publication in the Official Gazette of the Socialist Republic of Romania.
On the same date shall be repealed:-health and Healthcare Law nr. 236/1930, published in Monitorul Oficial nr. 154 of 14 July 1930, as amended;
-Law No. 508/1939 on the regulation of the practice of photography, published in Monitorul Oficial nr. 130 of 9 June 1939;
-Law No. 189/1943 to organize the health of the State, published in Monitorul Oficial nr. 171 of 23 March 1943, and its subsequent amendments;
-Decree No. 141/1953 for the prevention and control of sexually transmitted diseases, published in Official Gazette No. 11 of 9 April 1953;
-Decree No. 212/1953 on the regulation of the practice of the medical profession, published in Official Gazette No. 16 of 16 May 1953;
-Decree No. 974/1965 on the establishment, organization and functioning of the State Sanitary Inspectorate, published in Official Gazette No. 24 of December 30, 1965, as amended;
-Decision of the Council of Ministers No. 297/1952 concerning the protection of the child, published in Official Gazette No. 13 of 14 May 1952;
-Decision of the Council of Ministers No. 1830/1953 for reorganization of public medical-sanitary assistance to the workers, technicians and officials from industrial enterprises, published in the collection of decisions and provision of the Council of Ministers No. 38 of 13 June 1953;
-Decision of the Council of Ministers No. 190/1954 for creating and manipulating anti-epidemic reserves, Ministry of health;
-Decision of the Council of Ministers No. 1022/1954 concerning the granting of free admission and transport certain categories of patients and their cabin crew, which was published in the collection of decisions and provision of the Council of Ministers No. 36 of 7 July 1954;
-Council of Ministers decision # 1302/1955 approving for guarding the health of borders, published in the collection of decisions and provision of the Council of Ministers No. 46 of 22 august 1955;
-Decision of the Council of Ministers and the General Union of trade unions of Romania No. 9/1960 concerning the Organization of rest and treatment of working people in the climatic spa resorts;
-Decision of the Council of Ministers No. 202/1970 concerning the transition of units subordinated to the Ministry of health under the executive committees of the District Councils is popular;
-Decision of the Council of Ministers No. 558/1970 concerning improvement of activity of the European and modifying certain provisions of the Council of Ministers Decision No. 405/1965, published in Official Gazette No. 51 of 22 May 1970;
-Decision of the Council of Ministers No. 560/1970 concerning the regulation of healthcare, published in Official Gazette No. 51 of 22 May 1970;
-Decision of the Council of Ministers No. 1946/1970 concerning the transition of units subordinated to the Ministry of health under the executive committees of Councils,-and any other provisions to the contrary.
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