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Law No. 461 Of 18 July 2001 Relating To The Profession Of Nurse, The Establishment, Organization And Functioning Of The Order Of Nurses Of Romania

Original Language Title:  LEGE nr. 461 din 18 iulie 2001 privind exercitarea profesiunii de asistent medical, înfiinţarea, organizarea şi funcţionarea Ordinului Asistenţilor Medicali din România

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LEGE no. 461 461 of 18 July 2001 on the exercise of the medical assistant profession, the establishment, organization and functioning of the Order of the Romanian Nurses
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 425 425 of 31 July 2001



The Romanian Parliament adopts this law + Chapter 1 Exercise of the nursing profession + Section 1 General provisions + Article 1 (1) The exercise of the profession of medical assistant with clinical or paraclinical profile is a right of any natural person, Romanian or foreign citizen, holder of the medical assistant diploma, issued by an educational institution recognized by the law, and having the necessary competence to participate in the health care of the person, family and community. (2) The exercise of the profession of nurse with clinical or paraclinical profile is authorized by the Ministry of Health and Family. + Article 2 The nurse, by the nature of his profession, cannot be considered a civil servant nor can he be assimilated to the civil servant, according to the law. + Article 3 The nursing profession includes responsibilities resulting from the medical prescription and the job description. + Article 4 The authorization for the practice of the nursing profession is made according to the regulations on enrolment in the Single Register of nurses, developed by the Ministry of Health and Family. + Article 5 The nursing profession may be exercised by the person who fulfils the following conditions: a) is the holder of the diploma of graduation of a form of specialized education, state or private, accredited under the law; b) is medically fit for the exercise of this profession; c) is authorized to practice this profession by enrolling in the Single Register of nurses, held at the Ministry of Health and Family. + Article 6 The nurse can practice the profession in state or private medical-health facilities and in educational and research institutions with medical profile. + Article 7 The medical assistant employed in medical-health facilities in the state or private network has obligations arising from the legal norms and regulations, from the provisions of the individual employment contract and from the internal order regulations. + Article 8 The protection of the nurse for the risks arising from professional practice is carried out by the employer through the insurance companies. + Article 9 The content and characteristics of the nurse's activity are: a) carry out preventive, curative and recuperative care of the person, family and community, within the limits of his/her competences; b) participate in health education programs of the population; c) participate in the practical training of future nurses; d) participate, under the guidance of doctors, in medical research and health care; e) participate with other categories of staff to protect the environment. + Section 2 Training, improvement and specialization of the nurse + Article 10 The training of the nurse is carried out in educational institutions recognized by the law, based on the programs developed by the Ministry of Health and Family and the Ministry of Education and Research. The financing of the schooling of nurses in the state system, through post-secondary health schools, is done by the Ministry of Education and Research, the tuition figure being established in collaboration with the Ministry of Health and Family. + Article 11 The medical assistant has the professional obligation to prepare through continuous training programs, developed by the Ministry of Health and Family, in consultation with the Order of Nurses in Romania, and to be regularly attested. + Article 12 The specialization of the nurse is carried out through programs having specific content and duration, according to the requirements, in institutions empowered for the proposed purpose + Article 13 The employment and professional or administrative promotion of the nurse in the public health system is carried out by competition, according to the law. + Article 14 The forms of training, specialization and professional improvement, carried out by the medical assistant abroad, are assimilated to the equivalent in the country, according to the regulations in force. + Section 3 Rules of ethics and professional deontology + Article 15 In the exercise of the profession the nurse respects the dignity of the human being and the principles of ethics, showing professional and moral responsibility, always acting in the interest of the patient, the family of the patient and + Article 16 In the exercise of the profession the nurse has the fundamental obligation to fulfill, according to the competences, his responsibilities and the decisions of the doctor, any activity to avoid endangering the life of the patient. + Article 17 The nurse is obliged to keep professional secrecy, and information relating to patients, obtained from or in connection with the exercise of his profession, cannot be shared with another person outside the medical team, except cases expressly provided for by law. + Article 18 The nurse has the obligation to take measures to provide medical first aid, regardless of the person, place or situation in which it is found. + Article 19 Disputes or deviations from professional ethics are analyzed, as the case may be, by the head of the medical team, the management of the unit and the Romanian College of Physicians, with the participation of a representative appointed by the Order of Nurses of Romania, according to the Code of Ethics and Professional Deontology of the nurse. + Section 4 Relationships that are established in the exercise of the profession of nurse + Article 20 The activity of the nurse is carried out individually, according to a plan established by the doctor, or within a medical team, depending on the nature of the activity. + Article 21 The nurse is subordinated to the doctor and recognizes the role of him and the other members of the medical team, participating in the maintenance of amicable relations within it and contributing to the quality of the medical act. + Article 22 Relations between nurses are based on fairness, collaboration, mutual respect and professional solidarity, according to the Code of Ethics and Professional Deontology of the nurse. + Chapter 2 Order of Nurses in Romania + Section 1 General characteristics + Article 23 (1) The Order of Nurses in Romania shall be established as a professional, non-governmental, apolitical, non-profit and legal entity, representing the professional interests of the members of the medical assistants. (2) The Order of Nurses in Romania includes nurses authorized to practice the profession of nurse in units of the Ministry of Health and Family or other ministries with their own health network, as well as in the sector private. + Article 24 The Order of Nurses in Romania is headquartered in Bucharest. + Section 2 Tasks of the Romanian Nurses ' Order + Article 25 The Order of Nurses in Romania has the following tasks: a) defend the prestige and professional dignity of the nurses members in relations with third-party individuals and legal entities; b) defend and promote the rights and professional interests of its members; c) issue internal rules, in compliance with the legal provisions; d) elaborates and supervises compliance with the Code of Ethics and Professional Deontology of the nurse, adopted after the endorsement by the Ministry of Health and Family and the Romanian College of Physicians; e) represent its members in relations with non-governmental organizations and with trade unions, internally and internationally; f) designates representatives in situations of judging cases of deviations from the norms of ethics and professional deontology, as well as dispute resolution; g) collaborates with the Ministry of Health and Family for the purpose of drafting regulations regarding registration in the Single Register of nurses; h) collaborates with the Ministry of Health and Family to train, specialize and improve the practical professional training of nurses; i) collaborate with the Ministry of Health and Family in order to develop specific norms and regulations on the profession of nurse. + Section 3 Members of the Romanian Nurses ' Order + Article 26 The membership of the Order of Nurses in Romania is lost as a result of the suspension or cancellation of the right to exercise the profession of nurse. + Article 27 Members of the Order of Nurses in Romania are obliged: a) comply with the legal regulations regarding the exercise of the profession of nurse; b) to respect the status of the Order of Nurses in Romania on the exercise of the profession of nurse; c) to respect and apply the rules of ethics and professional deontology. + Article 28 The incomes of the Romanian Nurses Order are made up of: a) the registration fee and the monthly contributions of the members; b) donations, sponsorships, according to the law; c) funds resulting from cultural and editorial rights; d) other sources, in compliance with the legal provisions. + Section 4 Organization and functioning of the Order of Nurses in Romania + Article 29 The Order of Nurses in Romania is organized at national, county, and Bucharest. + Article 30 The governing bodies of the Order of Nurses in Romania at the county level, respectively of the city of Bucharest, are: a) the county council, respectively of the Bucharest municipality; b) council office. + Article 31 (1) The county councils shall have a number of members in proportion to the number of registered nurses, as follows: a) up to 1,000 nurses registered in the register-11 members; b) between 1,001-2,000 nurses registered in the register-15 members; c) between 2,001-4,000 nurses registered in the register-19 members; d) more than 4,000 nurses enrolled in the register-21 members. (2) The council constituted at the level of the city of Bucharest consists of 25 members. (3) The choice of members of the county councils, respectively of the city of Bucharest, is made by secret ballot, by simple majority, by the participation of at least two thirds of the total number of delegates chosen by the local general assemblies, according to the norm of representation by a delegate to 20 members entered in the register. The election of representatives for the General Assembly of the Order of Nurses in Romania will be made by secret ballot, by simple majority, according to the norm of representation by a delegate to 100 members registered in the register. Elections are validated in the presence of two-thirds of the total number of delegates. If two thirds of the total number of delegates are not present at the elections conference, another election conference will be held after two weeks, the result of which will be validated regardless of the number of participants. (4) The county council, respectively of the city of Bucharest, will choose from its members an office consisting of the president, 2 vice presidents and a secretary. (5) The functions of the President, Vice President and Secretary are incompatible with the corresponding function of a professional trade union. + Article 32 The elections for the governing bodies of the Order of Nurses in Romania, at national, county, and Bucharest, respectively, take place every 4 years. + Article 33 ((1) The organization of the first elections at national, county, and Bucharest, respectively, takes place on the basis of the regulation developed by the central electoral commission, consisting of: a) 4 representatives of the Ministry of Health and Family; b) 4 representatives of the Romanian College of Physicians; c) one representative of ministries with their own health network; d) 4 persons designated by the representative professional associations of nurses; e) 4 persons designated by the representative unions of nurses. (1) The members of the first national council, county council, respectively of Bucharest municipality, shall be elected for a duration of 2 years. + Article 34 (1) The governing bodies of the Order of Romanian Nurses at national level are: a) general meeting; b) the national council; c) Executive Office. (2) The management bodies of the Order of Nurses of Romania shall operate in accordance with the laws and regulations of their own. + Article 35 (1) The General Assembly of the Order of Nurses in Romania, made up of the elected representatives at the county level and of the city of Bucharest, meets annually. (2) The general assembly shall elect by secret ballot, by simple majority, the members of the National Council of the Order of Nurses of Romania (National Council), in the presence of at least two thirds of the total number of elected representatives. (3) The General Assembly shall adopt in the presence of at least two thirds of the total number of elected representatives the Code of Professional Ethics and Deontology of the Medical Assistant, the Statute and the Rules of Organization and Functioning of the Order Nurses in Romania. + Article 36 (1) The National Council is composed of 2 representatives of each county, respectively 4 representatives of the city of Bucharest, and 2 representatives from the parallel networks, elected by the General Assembly of the Order of Nurses of Romania. (2) The National Council is legally constituted in the presence of half plus one of its members and decides by simple majority. (3) The National Council shall meet in annual, ordinary and extraordinary sessions. (4) The National Council operates specialized committees. + Article 37 The Order of Nurses in Romania is coordinated between the sessions of the National Council of Executive Office. + Article 38 (1) The Executive Office of the Order of Nurses in Romania shall ensure its permanent activity, according to its law and regulations. (2) The Executive Office shall consist of the President, 3 Vice-Presidents and one Secretary, elected by secret ballot by the members of the National Council. (3) The functions of the President, Vice President and Secretary are incompatible with the corresponding functions of a professional trade union. + Article 39 Persons who exercise leadership positions at county or national level in the structures of the Order of Medical Assistants in Romania maintain their place of work during the period in which they perform the respective functions. + Section 5-a Procedures and sanctions + Article 40 (1) The members of the Order of Nurses in Romania who violate the specific regulations on the exercise of the medical assistant profession, as well as the Code of Ethics and Professional Deontology of the nurse shall apply the following sanctions: a) reprimand; b) warning; c) temporary suspension of the membership of the Order of Nurses in Romania; d) the withdrawal of the membership of the Order of Nurses in Romania and the proposal to the Ministry of Health and Family to cancel the professional practice authorization for a limited or definitive period. (2) The sanctions provided in par. ((1) lit. c) and d) are the competence of the National Council. + Article 41 The conclusions of the investigation and the sanctions applied shall be communicated in writing to the person concerned, to the county council, respectively of the Bucharest municipality of the Order of Medical Assistants in Romania, to the legal person work and, as the case may be, the Ministry of Health and Family and Romanian College of Physicians + Article 42 (1) Appeals against sanctions provided for in art. 40 40 para. ((1) lit. a) and b) may be introduced to the competent committees within 30 days of the communication. (2) Against the sanctions provided for in art. 40 40 para. ((1) lit. c) and d) it can be appealed to the court in whose territorial area the sanctioned medical assistant operates, within 30 days from the communication of the sanction. + Article 43 Disciplinary responsibility of the members of the Order of Nurses in Romania, provided in art. 40, does not exclude civil, material, contravention and criminal liability, according to the legal provisions. + Chapter 3 Final provisions + Article 44 The practice of the profession of nurse by persons who do not have this quality constitutes a crime and is punishable according to the law. + Article 45 Nurses are obliged to comply with the provisions of this law and the regulations specific to the sector in which they operate. + Article 46 For the purposes of this law the profession of pharmacy assistant and the profession of dental technician assimilate to the profession of nurse. + Article 47 The Order of Nurses in Romania operates on the basis of this law and on the basis of its own regulations, developed in accordance with its provisions. + Article 48 The date of entry into force of this Law shall be repealed Government Decision no. 379/1992 on the approval of the basic principles of the Statute of the Romanian nurse, published in the Official Gazette of Romania, Part I, no. 172 of July 22, 1992, and any of the contrary provisions. This law was adopted by the Senate at the meeting of June 26, 2001, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of June 28, 2001, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU -------------