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Law No. 100 Of 26 May 1998 Concerning The Public Health Assistance

Original Language Title:  LEGE nr. 100 din 26 mai 1998 privind asistenţa de sănătate publică

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LEGE no. 100 100 of 26 May 1998 on public health assistance
ISSUER Parliament
Published in OFFICIAL MONITOR no. 204 204 of 1 June 1998



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) Public health assistance shall include activities aimed at the community or individual for the purpose of community protection, with the aim of preserving and promoting the health of the population. (2) Public health assistance is guaranteed by the state and financed from the state budget, local budgets, health insurance budgets or from direct contributions of beneficiaries, as the case may be, according to the law. (3) Public health assistance shall include the activities that are carried out in order to prevent illness, promote and ensure the health of the population, as well as the control of the application of hygiene, anti-epidemic and public health norms. (4) Public health assistance is provided by the Ministry of Health through specialized units own or private, according to the law. + Article 2 Curative health care is provided under a health insurance system, according to the law, as follows: a) primary care, through state or private medical offices; b) specialized medical assistance, through medical offices, hospitals, diagnostic and treatment centers, health centers or other profile, state or private units. + Article 3 The medical recovery activity is organized at all levels of medical assistance, as well as through specialized institutions. + Article 4 Emergency medical care shall be provided at all levels of healthcare as well as through units intended for this purpose. + Article 5 The social assistance units in which health care is provided are: nurseries, baby swings and hospital-homes. + Article 6 The medical assistance of hemotransfusion or other authorized services and benefits shall be provided by specialized units for this purpose. + Article 7 Medical activities provided in art. 2, 3 and 4 are financed from the health insurance budget, according to the provisions of Law no. 145/1997 on health insurance, and those of art. 1 1 para. ((3) and (4), art. 5 and 6 are financed from the state budget, from local budgets, as well as from direct contributions of beneficiaries, as the case may be, according to the law. + Chapter 2 Public health care authorities + Article 8 The Ministry of Health, as a specialized body of central public administration, is the central authority in the field of public health assistance. + Article 9 The county public health departments and the city of Bucharest are decentralized units of the Ministry of Health, with legal personality, representing the public health authority at the local level. Similarly, public health directorates can be organized within the ministries with their own health network, which collaborates with the decentralized units of the Ministry of Health. + Article 10 (1) The public health institutes in Bucharest, Cluj-Napoca, Iasi and Timisoara, as well as the Institute for Health Services Management are public institutions, with legal personality, which are organized by the Ministry of Health, in the aim of fulfilling the role of technical and professional forum of the Ministry of Health, for the scientific and professional elaboration and substantiation of the specific health policy strategies of the Ministry of Health. (2) The institutes referred to in par. (1) will develop methodological proposals for national public health programs, together with the county public health departments and the city of Bucharest and with the Romanian College of Physicians, for the realization of these programs. + Article 11 The Center for Computing and Health Statistics is the specialized institution in the structure of the Ministry of Health, financed from the state budget, which has as its main task the organization of the information and IT system of the protection activity of population health. + Chapter 3 Tasks of public health care authorities + Article 12 The Ministry of Health, as a central authority in the field of public health assistance, has the following a) develop rules for the organization and functioning of establishments providing public health assistance; b) organize and finance national public health programs, set out in Annex no. 1 1; c) approve the technical norms contained in the national public health programs, set out in Annex no. 2 2; d) develop rules on the organization and functioning of the state health inspection; e) empowers the health personnel who are to perform the state health inspection tasks; f) participate in the accreditation of health facilities providing services for public health assistance authorities; g) establish and abolish branches of institutes in the field of public health assistance of national or local interest; h) organizes the information system in the field of public health assistance and the way of reporting data for the knowledge of the health of the population; i) presents regular reports for informing the Government on the health status of the country's population; j) substantiate the need for financial resources for public health assistance; k) represents the Romanian state in relations with international public health bodies; l) print and manage the nominal credentials for the persons empowered to exercise the state health inspection. + Article 13 (1) The county public health departments and the city of Bucharest are public institutions with legal personality, which operate locally, in order to achieve national public health policies and programs, preventive medicine work and state health inspection, health monitoring and health statistics organization, as well as planning and carrying out investments funded from the state budget for the health sector. health. (2) The operating regulation and the organizational chart of the county public health departments and the city of Bucharest are approved by the Ministry of Health. + Article 14 The county public health departments and the city of Bucharest organize and control the implementation of the national public health programs contained in Annex no. 1. + Article 15 The public health directorates organize and supervise the preventive medicine activity in the territory of the county and, respectively, of Bucharest, fulfilling the following activities: a) researches and evaluates the health of the population, studies the quality of environmental factors and lifestyle, in order to prevent illness and promote health; b) inform the population and local public administration authorities about health risk factors in the environment and about the measures that will be applied to reduce the risks of illness and prevent some diseases caused by environmental factors; c) issue notices and operating health permits, requested, according to the law, for economic or social-cultural objectives to be located, built or arranged in the territory, according to the norms approved by the Ministry of Health; d) carry out determinations for the surveillance of air pollution, water, soil, sound pollution of living areas and workplaces; e) organize the detection of patients with infectious diseases, supervision of contacts, taking measures to apply the necessary treatment; f) organizes and supervises the realization, on the basis of the national calendar, of compulsory and optional vaccinations, in compliance with the technical vaccination norms; g) analyze the morbidity in the territory caused by infectious diseases and transmit to the Ministry of Health periodic reports, according to the norms established by it, having the right to institute quarantine within the territory, in cases where a such measure; h) organizes, directs and controls the activity of detection, treatment and prevention of sexually transmitted diseases, according to the norms established by the Ministry of Health; i) ensure the detection of HIV, HBV, HCV and other viral infections transmitted through the blood and control the application of the legal norms in force for medical assistance and correct treatment; j) organize the detection of tuberculosis patients, supervise the treatment of patients and contacts, according to the norms established by the Ministry of Health, and are responsible for the implementation of the tuberculosis prevention program; k) organizes, guides and controls the activity of detecting professional diseases and supervises the treatment of patients, according to the norms established by the Ministry of Health; l) organizes, according to the norms of the Ministry of Health, the early detection of malignant tumors, of chronic diseases, such as diabetes mellitus, cardiovascular diseases, mental diseases, kidney diseases, etc., established in national health programs publish, and respond to the measures contained in the programmes; m) initiates, designs and implements local public health programs. + Article 16 In collaboration with local authorities, with educational institutions and governmental and non-governmental organizations, the territorial public health departments organize education actions for the health of the population. + Article 17 Territorial public health departments control compliance with hygiene conditions, according to Annex no. 2, and the implementing rules developed by the Ministry of Health. + Article 18 The territorial public health directorates coordinate the rescue services in the territory, organize and coordinate medical assistance in case of calamities, catastrophes and special situations. + Article 19 In collaboration with the Romanian College of Physicians, the territorial public health departments supervise the legal medicine assistance in the territory of the county or the city of Bucharest, as the case + Article 20 The territorial public health directorates organize the collection and processing of medical statistical information, draw up reports that are made available to the Ministry of Health and local authorities, according to the law, respecting confidentiality of data relating to persons. + Article 21 At the request of natural or legal persons, the territorial public health departments carry out public health services, according to the legal provisions. + Article 22 The public health institutes, as well as the Institute of Health Services Management are public institutions with legal personality, which operate on the basis of a status and an organizational chart approved by order of the Minister health, and have the following duties: a) ensure the scientific foundation of health policy and strategies in the field of disease prevention, promotion and defense of population health; b) conduct studies in the field of public health and health system management; c) develop draft rules, methodologies and instructions on public health; d) provide expert advice and collaborate with public authorities, with other health facilities, including primary health care, with university medical education institutions, in the field of public health insurance; e) collaborate with international organizations and institutions that carry out public health activities; f) participate in the medical education process of specialization and improvement in the field of public health and health services management; g) specialized medical institutes perform clinical examinations and medical expertise, issue certificates required by public authorities, as well as by natural or legal persons, and perform sanitary surveys in economic units and in public institutions; h) performs expertise, provides technical assistance and performs services, at the request of natural or legal persons, for products that are subject to the obligation of registration and authorization, as well as on request, in the fields of competence specific. + Chapter 4 Exercise of state health inspection + Article 23 (1) The exercise of the state sanitary inspection shall be carried out by persons empowered by the Ministry of Health. (2) The state health inspection activity is financed from the state budget, from the funds allocated to the Ministry of Health. (3) The responsibility of the organization, as well as the coordination of the activity of the state health inspection, shall be carried out by the Secretary of State designated by order (4) Persons empowered by the Ministry of Health for the exercise of state health inspection shall have the following obligations: a) to request the controlled units the documents and information necessary to assess the health risks, as well as to eliminate the hygiene deficiencies found; b) order the temporary suspension of the activity until the deficiencies are remedied, as well as the withdrawal of the operating health authorization; c) order the suspension of construction works, assembly, arrangement, if the clauses established by the health notice or hygiene norms are not observed; d) stop or make public consumption of foods that do not comply with hygiene rules, as well as the use of objects, materials or substances that, by nature or their way of use, endanger health population; e) to collect samples necessary to assess the health risk; f) to order special measures for patients, suspects and contactions of communicable diseases or carriers of pathogenic germs, as well as other measures of a mandatory nature to prevent and combat communicable and professional diseases; g) to stop the use of biological preparations, of diagnosis, prophylaxis, treatment, which prove inadequate or harmful to health; h) to find and sanction contraventions on hygiene norms, according to the law; i) to participate in other specific activities, imposed by the risk of deterioration of the health of the population. (5) State health inspectors have the right to enter units of any type within their range of activity and in private dwellings only with the consent of those occupying the dwelling or with the authorization of the prosecutor, for carrying out the sanitary control or for the establishment of measures to prevent and combat communicable diseases. (6) The conclusions of the activity carried out, the deviations from the legal norms found, the recommendations and the deadlines for the removal of deficiencies, as well as other legal measures applied are recorded in minutes or legal acts of sanctioning and are communicated to those concerned, respectively are reported to the Ministry of Health or Government, as the case + Article 24 Citizens, as well as heads of units, are obliged to comply exactly with hygiene and public health rules, to provide the requested information and to apply the established measures on the establishment of conditions for the prevention of illnesses and to promote the health of the individual and population. + Chapter 5 Transitional and final provisions + Article 25 The county public health departments and the city of Bucharest will be established until January 1, 1999 by reorganizing the current county sanitary directions and public health inspectorates, according to the norms developed by the Ministry of Health. + Article 26 For public health assistance services, carried out at the request of natural and legal persons, tariffs are charged according to the normative acts in force. + Article 27 Its own income constitutes extra-budgetary sources that are used under the law. + Article 28 Economic operators and other legal entities are obliged to provide the necessary funds and conditions for: a) performing the medical examination when engaging in work and periodic control, according to the norms of public health and safety at work; b) the application of legal hygiene rules; c) application of hygiene, disinfection, disinsectional and periodic deratization measures. + Article 29 Any person on the territory of Romania has the obligation to submit to measures to prevent and combat communicable diseases, to respect and apply hygiene norms. + Article 30 (1) Information on the health of persons shall be kept at the territorial public health directorates, as well as at the Centre for the Clac and Sanitary Statistics and, as the case may be, at public health institutes and may be used for the purpose of drawing up unnominated statistical reports, in order to assess the health of the population. The use for other purposes of recorded information may be admitted only if one of the following conditions is met: a) there is a legal provision in this regard; b) consent of the person concerned; c) the data are necessary to prevent the illness of a person or community, as appropriate; d) the establishment of guilt within a crime provided by law. ((2) The retention of confidentiality of information relating to persons is mandatory for all employees who have access to them, through the activity they carry out, directly or indirectly. + Article 31 Non-compliance with art 23 23 para. ((4) and (5), as well as of art. 24, 29 and 30 attract contravention or criminal liability, according to the law, as appropriate. + Article 32 For special situations with public health implications, a reserve of medicines, serums, vaccines, disinfectants, insecticides and other specific materials is constituted by the Ministry of Health. The methodological norms of constitution, storage and use of the reserve are established by order of the Minister of Health. + Article 33 The Ministry of Health will develop the national public health programs and the technical norms established in the Annexes. National public health programs will be reviewed, annually, by the Ministry of Health, in collaboration with the Romanian College of Physicians. + Article 34 Ministries with their own health network will apply the provisions of this law. + Article 35 Annexes no. 1 and 2 are an integral part of this law. + Article 36 The date of entry into force of this Law shall be repealed art. 1-15, 18, 40-49, 52-56, 82-96 and 123 of Law no. 3/1978 on the health insurance of the population, published in the Official Bulletin, Part I, no. 54 54 of 12 July 1978, and any other provisions to the contrary. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 5 May 1998, in compliance with the provisions of art. 74 74 para. ((2) and art. 76 76 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT PAULA MARIA IVANESCU p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS + Annex 1 NATIONAL PUBLIC HEALTH PROGRAMMES, organized and funded by the Health Ministry 1. National program for surveillance and control of infectious diseases; 2. National Immunization Program; 3. National Program for Tuberculosis Surveillance and Control; 4. National Program for Surveillance and Control of HIV/AIDS Infection; 5. National program for the prevention and control of venereal diseases; 6. National program for prevention and control of nosocomial infections (in-hospital); 7. National transfusion and transfusion hematology program; 8. National Program for Prevention and Control of Toxicomania and Pathology induced; 9. National Action Programme for Environment and Health (impact environmental risk factors); 10. National Health Surveillance Program in collectives of children and adolescents; 11. National Program for the supervision of risk factors in the environment work and professional risk; 12. National program for family planning and protection of the state of health of the mother and child; 13. National program of mental health and prophylaxis in pathology psychiatric and psychosocial; 14. National program of geriatric/gerontological prevention and protection the elderly; 15. National program of prophylaxis and control for cardiovascular diseases medical and surgical; 16. National prevention program in nephrological pathology and dialysis renal/kidney transplantation; 17. National Program for prevention and control in oncological pathology and medular transplant; 18. National prevention program in thalassemia, hemophilia and other haemopaths; 19. National Program for Prevention and Control in Diabetes and Other Diseases nutrition; 20. National preventive and recuperative orthopedics program; 21. National prevention program in endocrine pathology; 22. National Dental Prevention Program; 23. National Programme for the Support of National Reference Centres for laboratory; 24. National Program for the standardization of medical services in health public; 25. National Health Education Program; 26. National Program for assessing the state of health of the population and demographic surveillance; 27. The national program of continuous professional improvement and strategy human resources; 28. National Program for Prevention and Recovery in Neurology; 29. National Emergency Services Rehabilitation Program prespitaliceasca; 30. National accreditation program of health medical facilities public and services of national interest; 31. Prophylaxis and balneo-physio-climatological recovery. + Annex 2 ACTIVITIES in the field of public health care for which the Ministry of Health develops technical I. Protection of the population from the harmful factors in the living and working environment: 1. Rules on the protection of persons against environmental and workplace pollution factors: 1.1. Rules on the sanitary quality of drinking water; 1.2. Rules on health safety of foodstuffs; 1.3. Rules on the protection of persons from communities: a) the operation of hotel units, spa resorts, recreational places, public transport, railway stations, airports, ports and state border crossing points, stadiums and sports fields, the shutters and markets; b) special protection of persons with disabilities, classified in special occupational units; c) ensuring hygiene conditions in childcare facilities and educational establishments; d) the protection of personnel who are employed and the organization of preventive health care at work; the establishment of standards on the maximum permissible concentration of noxes in workplaces and measures to prevent diseases professional; 2. Rules for the registration and control of medicinal products and biological products for human use; 3. Hygiene and anti-epidemic norms for the activity carried out in public and private health facilities; 4. Rules on the functioning of public and private pharmacies, production units and warehouses for the distribution of medicines and sanitary materials; 5. Rules on the production, storage and use of toxic substances and narcotics; 6. Rules on the protection of persons working in jobs with ionizing radiation or coming into contact with radioactive substances; 7. Rules on the activity of funeral services; 8. Norms on how to remove and neutralize solid, liquid, gaseous, household and industrial residues, as well as any other nature; 9. Rules on the operation of units providing services for the population. II. Other preventive medical activities: 1. Norms on the evaluation of the psychosomatic development of children and the organization of health review examinations; 2. Norms on the functioning of family planning offices and prevention of pregnancy and lauzia complications; 3. Rules on the examination of students and students practicing non-professional competition; 4. Methodologies on principles of health promotion and health education; 5. Norms on other public health issues. III. Medical activities for public authorities: 1. Norms on medical consultations and the issuance of medical certificates that are required by public authorities; 2. Rules on the conduct of medical surveys for the establishment of capacities and skills related to the health status of persons, examination of drivers and persons who require or have a carrier authorization; 3 3. Rules on the reporting of data on morbidity by public and private health facilities. ----------