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Law No. 629 Of 13 November 2001 On Approval Of The Government Ordinance. 124/1998 On The Organization And Functioning Of Surgeries

Original Language Title:  LEGE nr. 629 din 13 noiembrie 2001 pentru aprobarea Ordonanţei Guvernului nr. 124/1998 privind organizarea şi funcţionarea cabinetelor medicale

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LEGE no. 629 629 of 13 November 2001 for approval Government Ordinance no. 124/1998 on the organisation and functioning of medical offices
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 724 724 of 13 November 2001



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 124 124 of 29 August 1998 on the organisation and functioning of medical offices, adopted pursuant to art. 1 1 section 8 lit. a) of Law no. 148/1998 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 328 of 29 August 1998, with the following amendments and additions: 1. In Article 1, paragraphs 1 and 2 shall read as follows: "" Art. 1. -(1) The medical office is the unit with or without legal personality, providing public, state or private services, preventive human health care, curative, recovery and emergency. (2) The health services of medical offices shall be carried out by doctors of general medicine-family doctors, dentists, medical specialists and other categories of authorized medical personnel. " 2. In Article 5, paragraphs 2 and 3 shall read as follows: " (2) The act of establishment of medical offices is the certificate of registration in the Single Register of medical offices, which is drawn up and kept by the public health authority, respectively by the county public health departments or by The public health department of Bucharest. A copy of the registration certificate shall be handed to the holder of the medical office. (. The documentation required for the registration of the medical office shall be established by order of the Minister of Health and Family. 3. In Article 6, paragraphs 1 and 3 shall read as follows: "" Art. 6. -(1) Medical offices, regardless of the form of organization, may carry out radiodiagnostic, medical imaging and other medical activities and related to the medical act, with their authorization under the law, as well as activities of education and research, with the opinion of the Ministry of Health and Family and the Ministry of Education and Research. ............................................................................ (3) Control regarding the establishment, organization and functioning of medical offices, regardless of the form of organization, shall be exercised by the Ministry of Health and Family and by the Romanian College of Physicians. " 4. in Article 6, after paragraph 3, paragraphs 4 and 5 shall be inserted as follows: " (4) By way of derogation from paragraph (1), the authorization of dental offices for the conduct of radiodiagnostic activities will be done by the Ministry of Health and Family. (5) The control on compliance with the legal norms in the provision of health services is exercised by the Ministry of Health and Family and its subordinate units, the National Health Insurance House, the Romanian College of Physicians or other Competent bodies, under the law. " 5. Article 7 shall read as follows: "" Art. 7. -The medical office must have a minimum endowment, established by order of the Minister of Health and Family, with the prior opinion of the Romanian College of Physicians, in relation to the specialty and the declared activity profile. " 6. In Article 8, letters d), e) and f) shall read as follows: " d) medical advice activities; e) activities contracted with the units coordinating the educational and research activities of the Ministry of Health and Family; f) other sources obtained according to the legal provisions, including those arising from the use of their own equipment, physically or morally used. " 7. in Article 9, paragraph 2 is inserted as follows: " (2) The expenses incurred for continuous improvement, investments, endowments and other utilities necessary for the establishment and operation of medical offices, organized in the form provided in art. 1 1 para. ((3) and in art. 14 14 para. ((1), shall be deducted from the proceeds. " 8. Article 12 shall read as follows: "" Art. 12. -(1) Medical offices are obliged to carry out epidemiological activities provided in the framework contract and to transmit the situations established by norms of the Ministry of Health and Family on the state of health and demographic of the population. (2) Dental offices shall ensure, on a rotating basis, dental medical emergencies. " 9. After Chapter III, Chapter III ^ 1 is inserted as follows: "" CHAPTER III ^ 1 Sanctions Article 12 ^ 1. -(1) For non-compliance with art. 5 5 para. (2) the guilty persons will be sanctioned contraventionally with a fine of between 10,000,000 lei and 20,000,000 lei. (2) For the non-performance of epidemiological activities and for the non-transmission of the data 12, as well as for the transmission of erroneous or incomplete data the guilty persons will be sanctioned with a fine of between 3,000,000 lei and 10,000,000 lei. (3) The finding and application of sanctions will be made by the county public health departments or the city of Bucharest. (4) The amount of fines provided in par. ((1) and (2) shall be indexed annually, in relation to the inflation rate, by the Ministry of Health and Family. " 10. Article 13 shall read as follows: "" Art. 13. -(1) Medical offices may be established within the current medical, polyclinic or other spaces provided by central or local public authorities or in private, authorized spaces. (2) Immovable property owned by the state or administrative-territorial units, currently used for medical activities, may be put into use free of charge, leased, leased or sold without public auction medical offices or, as the case may be, medical-health facilities with legal personality. (3) The immovable property owned by the state or administrative-territorial units, currently used for medical activities, will be passed in the private domain of the state, respectively of the administrative-territorial units, according to art. 10 10 of Law no. 213/1998 on public property and its legal regime. (4) The goods referred to in par. (3) may be awarded, without public auction, to medical offices or, as the case may be, to medical-health facilities with legal personality, after the completion of the inventory operation provided for in art. 19 19 of Law no. 213/1998 . (5) Mobile goods in the endowment of current dispensary and polyclinic can be put into free use, upon request, to medical offices, with the approval of the county public health departments or the city of Bucharest, according to the norms Ministry of Health and Family. (6) Medical-health personnel who, on the date of entry into force of this ordinance, are employed for indefinite employment and actually carry out their activity in the mentioned spaces benefit as a priority from the provisions of par. ((2)-(5). (7) The conditions of sale or concession shall be determined by Government decision. (8) The provisions of this Article shall not apply to the heritage of university clinics and medical offices in hospitals, which remain in the public patrimony. " 11. Article 14 shall read as follows: "" Art. 14. -(1) Medical-sanitary units with legal personality, which are established according to the provisions Law no. 31/1990 on companies, republished, as amended, will operate with the following conditions: a) have sole activity, consisting in the provision of medical services, with or without related activities, established by order of the Minister of Health and Family; b) the manager of the company or at least one third of the number of the members of the board of directors; c) to be registered in the Single Register of medical offices. (2) Provisions art. 4 4, art. 5 5 para. ((3), art. 6 6-8 and art. 12 12 shall apply accordingly to medical facilities with legal personality. '; 12. After Article 14, Articles 14 ^ 1 and 14 ^ 2 are inserted with the following contents: "" Art. 14 14 ^ 1. -(1) Non-profit organizations, foundations and associations with medical activities, professional associations, religious cults and religious religious places, legally constituted, can establish and organize in their structure, based on the decision of the driving, medical offices, providing medical services on an outpatient basis. (2) Medical offices established under the conditions of par. (1) are subject to registration in the Single Register of medical offices, based on a documentation established by order of the Minister of Health and Family. (3) Provisions art. 6 6 para. ((1) and (3), of art. 7 and 12 shall apply accordingly to the medical offices established under the conditions of par. ((1). Article 14 ^ 2. -Medical office organized under art. 14 ^ 1 can make income from: a) the financing of the organization or association in which it operates b) medical services with direct payment from beneficiaries; c) donations or sponsorships; d) medical services provided under the contract concluded with the county health insurance company or the city of Bucharest or with other natural or legal persons; e) other sources obtained according to the legal provisions in force. " 13. Article 15 shall read as follows: "" Art. 15. -The Ministry of Health and Family together with the Romanian College of Physicians will develop, within 30 days from the date of publication of this ordinance, the methodological norms for its application, which will be published in the Official Gazette of Romania, Part I. " 14. The phrase "county health insurance houses or the city of Bucharest" is replaced by the phrase "health insurance houses". + Article 2 On the date of entry into force of this Law any other provisions to the contrary shall be repealed + Article 3 Government Ordinance no. 124/1998 , with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts the corresponding numbering. This law was adopted by the Senate at the meeting of October 25, 2001, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of October 29, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU --------------