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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Law No. 100 of 26 May 1998 concerning the ISSUING of public health assistance to Parliament Published in MONITORUL OFICIAL nr. 204 of 1 June 1998, the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 (1) of the public health Assistance comprises activities that address community or individual in order to protect the community, 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 social insurance budgets or from direct contributions from beneficiaries, as appropriate, in accordance with the law.
  

(3) public health Assistance comprises activities that aimed at preventing disease, promoting and ensuring the population's health, and monitoring compliance with the rules of hygiene, public health and anti-epidemic.
  

(4) public health Assistance is provided by the Ministry of health through its own or private specialized units, according to the law.
  


Curative medical assistance article 2 ensure within a system of health insurance, according to the law, as follows: (a)) primary health care through medical offices of State or private;
  

b) specialty care through medical offices, hospitals, diagnostic centres and treatment centres or other health units, public or private.
  


Article 3 work of medical rehabilitation is provided at all levels of medical assistance, as well as through specialized institutions.


Article 4 emergency medical care shall ensure at all levels of medical care, as well as by units intended for that purpose.


Article 5 Units of social assistance in providing medical care are: crèches, children's swings and homes-hospital.


Article 6 hemotransfuziologie healthcare or other services and benefits is ensured by authorized specialized units for this purpose.


Article 7 medical Activities. 2, 3 and 4 shall be financed from the budget of the national social security health, as provided for in law No. 145/1997 concerning health, social security and those of art. 1 (1). (3) and (4), art. 5 and 6 are financed from the State budget, local budgets, as well as from direct contributions from beneficiaries, as appropriate, in accordance with the law.


Chapter 2 of the public health Ministry of health Article 8, as a specialized body of the central public administration, is the central authority for public health.


Article 9 Public Health Departments of County and Bucharest are decentralized units of the Ministry of health, with legal personality, representing public health authority at the local level. Similarly you can organize public health directorates within ministries of health with its own network, which cooperates with the Ministry of Health's decentralised units.


Article 10 (1) of the public health Institutes of Bucharest, Cluj-Napoca, Iaşi and Timişoara, and Institute of Health Services Management are public institutions with legal personality, which is organized by the Ministry of health, in order to fulfil the role for technical and professional of the Health Ministry, for the preparation of professional and scientific basis and specific strategies of the health policy of the Ministry of health.
  

(2) the institutes listed in paragraph 2. (1) will develop methodological proposals for national public health programmes, together with the public health departments of County and municipality of Bucharest with Romania, College of physicians for these programs.
  


Article 11 data center and Health Statistics is an institution specialized in the structure of the Ministry of health, funded from the State budget, which has the main responsibility for the organisation of information system and computer business of health care.


Chapter 3 powers of authorities in the field of public health assistance Article 12 the Ministry of health, as the central authority in the field of public health assistance, have the following powers: a) shall draw up rules of organization and functioning of establishments which provide public health assistance;
  

b) organizes and finances of the national public health programmes, as set out in the annex. 1;
  

(c) approve technical rules) contained within the national public health programmes, as set out in the annex. 2;
  

d) shall draw up rules concerning the Organization and functioning of the state sanitary inspection;
  

e) empowers the health personnel to perform the tasks of inspection by the State;
  

f) participate in the accreditation of health establishments which provide services for authorities in the field of public health assistance;
  

g) establish and abolish all subsidiary companies of the institutes in the field of public health assistance for national or local interest;
  

h) organizes the information system in the field of public health assistance and how reporting data for knowledge of the health status of the population;
  

I submit periodic reports) for the information of the Government on the health of the population of the country;
  

j) underlie the financial resource requirements for health assistance;
  

k) represents the Romanian State in their relations with international organisations in the field of public health;
  

It publishes and manages) legitimatiile named persons empowered to exercise health inspection.
  


Article 13 (1) of the public health Departments of County and Bucharest are public institutions with legal personality, which operates locally in furtherance of national policies and public health programmes, the activities of preventive medicine and State health inspection, monitoring health status and health statistics organization, as well as planning and conducting investments financed from the State budget to the health sector.
  

(2) the rules of procedure and organization chart public health district directorates and Bucharest shall be approved by the Ministry of health.
  


Article 14 public health Departments of County and municipality of Bucharest organizes and controls the implementation of national public health programmes contained in the annex. 1. Article 15 of the public health Departments organize and supervise the work of preventive medicine in the territory of the County and the municipality of Bucharest, fulfilling the following tasks: investigating and to evaluate the status) of the health of the population, are studying the quality of environmental factors and life style in order to prevent disease and promote health;
  

b) inform the population and authorities of local public administration about the risk factors on the health of the environment and of the measures that will be applied to reduce the risk of illness and prevention of some diseases caused by environmental factors;
  

c) issued opinions and sanitary permits, required under the law for the purposes of social-cultural and economic to be located, constructed or arranged in the territory, according to rules approved by the Ministry of health;
  

d) determinations for monitoring pollution of air, water, soil, noise pollution to residential areas and work places;
  

e) organizes the detection for patients with infectious diseases, contactilor, taking measures for the implementation of treatment necessary;
  

f) organizes and supervises the achievement on the basis of the calendar of the national vaccination compulsory and optional transactions, in compliance with the technical rules of vaccination;
  

g) examines morbidity from infectious diseases caused and transmitted to the Ministry of Health's periodic reports, in accordance with the rules laid down by the latter, entitled to quarantines within the territory, in cases where such a measure is imposed;
  

h) organizes, directs and controls the work of screening, treatment and prevention of sexually transmitted diseases, according to rules laid down by the Ministry of health;
  

I ensure the detection of HIV infections), HBV, HCV and other blood-borne viral infections and monitoring compliance with the legal norms in force for medical care and treatment;
  

j) organizes the detection of patients with tuberculosis, treatment of patients and supervises contactilor, according to rules laid down by the Ministry of health, and shall be responsible for carrying out the programme for the prevention of tuberculosis;
  

k) organizes, directs and controls the work of occupational diseases and supervises the treatment patients, according to rules laid down by the Ministry of health;
  

l) organizes, according to Health Ministry rules, early detection of malignant tumors, chronic diseases such as diabetes, cardiovascular diseases, mental diseases, kidney diseases, etc., laid down in national public health programmes, and are responsible for the implementation of measures contained in programmes;
  

m) initiates, designs and implements local public health programs.
  


Article 16 in conjunction with local authorities, educational institutions and non-governmental organizations, territorial public health departments organize actions on education for health of the population.


Article 17


Territorial public health departments shall monitor compliance with the conditions of hygiene, in accordance with the annex. 2, and the detailed provisions established by the Ministry of health.


Article 18 territorial departments for public health shall coordinate rescue services, organizes and coordinates medical care in case of calamities, catastrophes and contingencies.


Article 19 in conjunction with the College of physicians from Romania, public health territorial departments overseeing assistance of forensic medicine in the territory of the municipality of Bucharest or County, as applicable.


Article 20 territorial public health Departments organize the collection and processing of statistical information, medical reports drawn up are made available to the Ministry of health and local authorities, according to the law, while respecting the confidentiality of data relating to persons.


Article 21 at the request of individuals or legal entities, territorial public health departments performing services relating to public health, according to legal provisions.


Article 22 public health Institutes, and the Institute of Health Services Management are public institutions with legal personality, which operates on the basis of terms of reference and organization chart approved by order of the Minister of health, and have the following powers: (a) scientific substantiation) ensures the health policy and strategies in the field of the prevention of disease, promotion of health and defence;
  

b) performs studies in the field of public health and health system management;
  

c) draft standards, methodologies and guidelines for public health;
  

d provide specialized consultancy) and cooperate with the public authorities, with other units, including primary health care, with University medical education institutions, public health insurance;
  

e) collaborates with international organizations and institutions carrying out activities of public health;
  

f) participate in medical education and training in the field of public health and health services management;
  

g) specialty medical institutes carry out clinical examinations and medical expertise, issues certificates required by the public authorities, as well as by natural or legal persons, and performs health surveys in economic units and public institutions;
  

h) carries out surveys, provide technical assistance and services, at the request of individuals or legal entities in respect of products which are the subject of registration and authorisation, and, upon request, in areas of specific competence.
  


Chapter 4 exercise of State health inspection in article 23 (1) the exercise of the state sanitary inspection shall be carried out by persons authorized by the Ministry of health.
  

(2) inspection Activity is financed from the State budget, the funds allocated to the Ministry of health.
  

(3) the responsibility of the Organization, as well as coordinating State health inspection shall be performed by the Secretary of State appointed by order of the Minister of health.
  

(4) persons empowered by the Ministry of health for the state sanitary inspection exercise have the following obligations: a) require units controlled documents and information necessary to assess the risks to health and hygiene deficiencies observed;
  

b) to have adequate temporary suspension of activity until the deficiencies, and withdrawal of health;
  

q) stipulating the suspension of construction works, Assembly, outfitting, where it does not comply with the terms set out in the notice or in the rules of sanitary hygiene;
  

d) to stop or to make entry into public consumption of foodstuffs which do not comply with the rules of hygiene, and the use of objects, materials or substances which, by their nature or by the way of use, endanger the public;
  

e) to harvest samples necessary to assess the risk to health;
  

f) to dispose of special measures for patients, suspects and contactii of bearers of communicable diseases or pathogens, as well as other binding measures for the prevention and control of communicable diseases and professional;
  

g stop use) biological preparations, diagnostic, treatment, prophylaxis, which are inappropriate or harmful to health;
  

h) to ascertain and to sanctioneze offences relating to the rules of hygiene, in accordance with the law;
  

I) to participate in the specific activities required by the risk of deterioration in the health status of the population.
  

(5) medical Inspectors of State are entitled to between the units of any kind in their range of activity and in private homes only with the consent of those who occupy housing or with the authorization of the public prosecutor, for control purposes, or for sanitary measures for prevention and control of communicable diseases.
  

(6) the conclusions of the work carried out, deviations from established legal norms, recommendations and timelines removal of deficiencies, as well as other legal measures applied shall be entered in the minutes or legal sanction acts and shall be notified to those concerned in the case, reported the Health Ministry or the Government, as appropriate.
  


Article 24 Citizens, as well as heads of units are required to comply with hygiene rules strictly and public health, to provide requested information and to apply the measures laid down on the creation of conditions for the prevention of disease and the promotion of individual and population health.


Chapter 5 transitional and final Provisions Article 25 County Public Health Departments and Bucharest shall be established not later than 1 January 1999 by reorganizing the current directions of health and public health inspections, in accordance with rules drawn up by the Ministry of health.


Article 26 for public health assistance, carried out at the request of individuals and legal entities, shall be charged according to the tariffs of the normative acts in force.


Article 27 own revenue constitutes extra-budgetary sources are used in accordance with the law.


Article 28 businesses and other legal entities are required to ensure funds and conditions necessary for: a) the medical examination at the hiring and supervision of work periodically, according to public health and safety;
  

(b) application of the legal norms of) hygiene;
  

c) measures of hygiene, disinfection, disinsection and deratization periodically.
  


Article 29 any person on the territory of Romania shall be subject to measures of prevention and control of communicable diseases, to respect and apply the rules of hygiene.


Article 30 (1) information concerning the health of persons kept at public health departments, as well as at the center of Clacul and Health Statistics and, where appropriate, public health institutes, and can be used for the purpose of drawing up different statistical reports, in order to assess the health status of the population. Use for other purposes the information recorded may be admissible only if it satisfied one of the following conditions: (a) there is a statutory provision);
  

(b) the person's consent);
  

c) data are necessary to prevent a person's illness or the community, as appropriate;
  

d) establishing guilt under an offence prescribed by law.
  

(2) Keeping confidentiality of information relating to persons is compulsory for all employees who have access to it, in consequence of which it carries, directly or indirectly.
  


Failure to observe the provisions of article 31. 23 para. (4) and (5) and of article 23. 24, 29 and 30 administrative liability or criminal draws, according to the law, as applicable.


Article 32 For special situations with public health implications, is constituted by the Ministry of health, a book of medicines, serums, vaccines, disinfectants, insecticides, and other materials. Detailed rules of formation, storage and use of the reserve shall be determined by order of the Minister of health.


Article 33 the Ministry of health will develop national programmes of public health and the technical standards set out in the annexes. National public health programmes will be reviewed annually by the Ministry of health, in collaboration with the College of physicians from Romania.


Article 34 Ministries with his own health network will apply the provisions of this law.


Article 35 appendices. 1 and 2 are an integral part of this law.


Article 36 entry into force of the present law shall repeal art. 1-15, 18, 40-49, 52-56, 82-96 and 123 of the law nr. 3/1978 to ensure the population's health, published in the Official Gazette, part I, no. 54 of 12 July 1978, as well as any other provisions to the contrary.
This law was adopted by the Chamber of Deputies and the Senate sitting in the commune of 5 May 1998, in compliance with the provisions of art. 74 para. (2) and of article 23. 76 para. (2) of the Constitution of Romania.
p. M. CHAMBER of DEPUTIES PRESIDENT PAULA IVANESCU p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS Annex 1 NATIONAL PUBLIC HEALTH PROGRAMMES, organized and financed by the Ministry of health 1. National program for surveillance and control of infectious diseases;
    2. the national programme on immunization;

    3. The national programme of tuberculosis surveillance and control;
    4. National Programme of monitoring and control of HIV/AIDS;
    5. The national programme on prevention and control of sexually transmitted diseases;
    6. The national programme on prevention and control of nosocomial infections (hospital acquired);
    7. The national programme of transfuziologie and transfusion Hematology;
    8. The national programme on prevention and control of drug addiction and induced pathology;
    9. The national programme of action for the environment and health (the impact of risk factors in the environment);
   10. The national programme of health surveillance in the communities of children and teenagers;
   11. National program of surveillance of risk factors in the environment of work and risk;
   12. The national programme for family planning and protection of the health of mother and child;
   13. The national programme for mental health and psychiatric pathology and prophylaxis in psychosocial;
   14. The national programme of prevention and protection/geriatric gerontologica varstnicului;
   15. The national programme on prevention and control of cardiovascular diseases for medical and surgical;
   16. The national programme of prevention in nefrologica pathology and renal dialysis/renal transplant;
   17. The national programme for prevention and control in Oncology and bone marrow transplantation pathology;
   18. The national programme of prevention in Thalassemia, hemophilia and other hemopatii;
   19. the national programme on prevention and control of diabetes and other diseases of nutrition;
   20. The national programme of preventive and rehabilitation orthopedics;
   21. The national programme of prevention in endocrine pathology;
   22. The national programme of prevention of dentistry;
   23. The national programme of support to the national centres of reference laboratory;
   24. the national programme on Standardization of medical services in public health;
   25. the national programme on health education;
   26. The national programme for the assessment of the health status of the population and demographic surveillance;
   27. The national programme for professional training and human resources strategy continues;
   28. The national programme for prevention and rehabilitation in neurology;
   29. The national programme for the rehabilitation of the emergency services prespitaliceasca;
   30. National Programme of accreditation of medical establishments of public health service and national interest;
   31. the prevention and recovery of balneo-Physio-climatologica.


Annex 2 ACTIVITIES in the field of public health assistance for which the Ministry of health shall prepare technical regulations i. protecting the public against harmful factors in the environment for life and work: 1. Rules relating to the protection of persons against the pollution of the environment and in the workplace: 1.1. Rules regarding the quality of health of drinking water;
1.2. Rules relating to the health security of foodstuffs;
1.3. Rules on the protection of individuals from communities: a) operation of units, spas, leisure places, means of public transport, to railway stations, airports, ports and border crossing points of the State border, stadia and sports grounds, the oboarelor and markets;
  

(b) special protection of persons), which are placed in special units and work;
  

c) conditions of hygiene in establishments and childcare in educational facilities;
  

d) protection staff who is employed in the work and organization of preventive health care at the workplace; setting standards regarding maximum permissible concentration of harm to employment and measures for the prevention of occupational diseases;
  

2. Rules for the registration and control of drugs and biological products for human use;
3. Rules for hygiene and anti-epidemic work that takes place in public and private health units;
4. Rules on the functioning of public and private pharmacies, of production units and distribution warehouses of medicines and sanitary materials;
5. Rules relating to the production, storage and use of toxic substances and drugs;
6. Rules relating to the protection of people working in jobs with ionizing radiations or come into contact with radioactive substances;
7. Rules concerning the activity of funeral services;
8. Rules concerning the removal and neutralization of solid, liquid, gas, household and industrial, as well as of any other nature;
9. Rules on the operation of establishments that provide services to the population.
II. Other preventive medical activities: 1. the Rules on the assessment of children and psychosomatic development organisation examinarilor summing up the State of health;
2. Rules concerning the operation of family planning and prevention of complications of pregnancy and lauziei;
3. Rules relating to examination of pupils and students practicing competitive sport unprofessional;
4. Methodologies on the principles of health promotion and health education;
5. Rules relating to other public health problems.
III. Activities for public authorities: 1. Rules relating to consultations and issuance of medical certificates that are required by the public authorities;
2. Rules for the conduct of medical expertise for the establishment of capacities and skills related to the health of persons, the examination of drivers and people who ask or have authorization portarma;
3. the rules on the reporting of data concerning morbidity by public and private health units.
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