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Law No. 125 Of 12 May 2005

Original Language Title:  LEGE nr. 125 din 12 mai 2005

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LEGE no. 125 125 of 12 May 2005 for approval Government Emergency Ordinance no. 115/2004 on the remuneration and other rights of contract staff in public health facilities in the health sector
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 416 416 of 17 May 2005



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 115 115 of 24 November 2004 on the salary and other rights of contract staff in public health facilities in the health sector, published in the Official Gazette of Romania, Part I, no. 1.138 of 2 December 2004, with the following amendments and additions: 1. in Article 1 (1), the following shall be inserted after point c): "" d) in full on own income. '; 2. Article 3 shall be repealed. 3. in Article 6, after paragraph 4, paragraph 5 is inserted as follows: " (5) The basic salaries for the management positions that are part of the hospital steering committee, except for the position of the medical assistant general manager, shall be determined by the hospital's board of directors, within the minimum limits and maximum approved by the Ministry of Health, by types of hospitals. " 4. Article 12 shall read as follows: "" Art. 12. -(1) Health personnel with higher training who carry out guards to ensure the continuity of medical assistance outside the legal work norm and normal working hours from the basic function shall be salarized with the related hourly rate Basic salary, with the exception of the driving allowance. (2) Guards carried out by health personnel with superior training to ensure the continuity of health care outside the legal work norm and working hours from the basic function on working days shall be salarized with an increase of up to to 50% of the hourly rate of the basic salary, except for the driving allowance, but which may not be less than 25%. ((3) Guards carried out by health personnel with superior training, to ensure the continuity of medical assistance outside the legal norm of work and working hours from the basic function, on weekly rest days, public holidays and in the other days when, according to the legal provisions, it is not worked, it is paid with an increase of up to 100% of the hourly rate of the basic salary, except for the driving allowance, but which cannot be less than 50%. (4) The concrete percentage of the increase provided in par. ((2) and (3) shall be approved quarterly by the Management Board. " 5. Article 13 shall read as follows: "" Art. 13. -(1) In relation to the conditions under which the activity is carried out may be granted, in compliance with the legal provisions, the following categories of bonuses: a) for dangerous or harmful conditions, an increase of up to 15% of the basic salary, corresponding to the time worked at the respective jobs; b) for activities that require a very high mental strain or that are carried out under special conditions, an increase of up to 15% of the basic salary; c) for activities that are carried out in ambulance services, emergency reception structures-UPU and CPU-, ICU, Anesthesia and Intensive Care departments and compartments and who request a very high mental strain or carry out in particular conditions, an increase of up to 25% of the basic salary; d) for hard working conditions, an increase of up to 15% of the basic salary, corresponding to the time worked at the respective jobs; e) for particularly dangerous conditions: leprose, pathological anatomy, TB, AIDS, dialysis, staff of the operator block, psychiatry, legal medicine, particularly serious epidemics and the like, established by the Ministry of Health, the amount the increase is 50-100% of the basic salary; f) for staff working in health facilities located in localities with special conditions of dispersal work, altitude, difficult access routes, isolation or where the attraction of personnel is made with weight, an increase of up to 60% of the salary of basis; g) for personnel operating with radiation sources or radiation generator, an increase for dangerous conditions of up to 30% of the basic salary, differentiated by radiological risk categories as follows: 10% in category I, 15% at category II, 20% in category III and 30% in category IV; h) for health facilities with particular specific, established by the Ministry of Health, an increase of up to 15% of the basic salary. (2) Localities with special working conditions or where the attraction of personnel is made by weight, in which health facilities are located, shall be established by order of the Minister of Health. (3) Jobs, personnel categories, concrete size of the bonuses provided in par. (1), as well as the conditions for granting them, shall be established by regulation approved by order of the Minister of Health, in consultation with the signatory unions of the collective agreement at the level of health branch. For the allowances provided for in par. ((1) lit. e) the opinion of the Ministry of Labour, Social Solidarity and Family and the Ministry of Public Finance is also necessary. (4) The severely disabled housewives who are employed benefit from an increase of up to 15% of the basic salary. " 6. Article 16 shall read as follows: "" Art. 16. -(1) Medical-pharmaceutical teaching staff carries out integrated activity in the health facilities in which the department or teaching discipline operates. (2) The teaching staff from the departments or disciplines operating in units other than the sanitary ones is integrated into the health facilities established by the Ministry of Health. (3) Teachers provided in par. (1) and (2), except for residents, carry out integrated activity through the cumulation of functions on the basis of an individual employment contract with 1/2 norm, within the limit of normal and vacant posts. (4) Teachers, upon termination of employment with educational establishments, which have been integrated for a period of more than 5 years, can continue their activity, full-time, in the health facilities in which they were integrated, based on individual employment contract for an indefinite period. " 7. Article 18 shall read as follows: "" Art. 18. -(1) The promotion under the law of persons assigned to the position of debutant, as well as those who have completed higher level studies in a field that includes that activity is done by transforming the post they are framed in a higher-level position. (2) Graduates of higher or long-term higher education, who at the time of passing on the function corresponding to graduate studies were assigned to positions with lower level of studies, specific to the field in which they graduated from university studies, fall to the professional degree corresponding to graduate studies, to which an increase of up to 20% of the basic salary had been ensured. " 8. Article 23 shall read as follows: "" Art. 23. -As of the date of entry into force of this emergency ordinance, staff employed in public health facilities financed by their own income made through the health insurance system benefit monthly from a maximum of 20 tickets mass. " 9. Article 25 (1) shall be inserted after Article 25: "" Art. 25 25 ^ 1. -For public health facilities fully financed from the state budget, the main authorising officers can approve once a quarter, until September 1, within the maximum number of posts provided in the annexes to the budget law state and within the level of budget allocations approved for expenditure on salaries, only for vacancies, the use of a higher number of posts of lower level or of the same level, by the corresponding reduction of a number higher level posts, with the opinion of the Ministry of Public Finance. " 10. In Article 32, paragraph 1 shall read as follows: "" Art. 32. -(1) In 2005 the individual basic salaries of the personnel from the public health facilities in the health sector shall be established for October by applying the percentages of increase provided for by functions, degrees and professional steps in Annex no. VI. " 11. in Article 32, after paragraph 2, paragraph 3 is inserted as follows: " (3) Individual basic salaries, calculated according to the provisions of par. (1) and (2), will be rounded out of 1,000 in 1,000 lei in favor of the employee. " 12. Article 35 shall read as follows: "" Art. 35. -(1) On the date of entry into force of this emergency ordinance, the filling of vacant posts in the state of office shall be suspended, as well as those who will be vacant including as a result of restructuring, outsourcing and privatization health facilities. (2) Provisions of para. (1) does not apply to single posts in the state of functions, as well as to posts of specialist doctors in health facilities with poor framing from this category of staff. (3) By exception to the provisions of par. (1), the principal authorising officers may approve the organization of competitions for filling vacancies, provided that the approved funds, according to the law. " 13. Article 40 shall read as follows: "" Art. 40. -The basic salaries for staff operating in the structures providing specialist outpatient services may not be lower than the minimum basic salaries on functions, degrees and professional steps provided for in the present emergency ordinance. ' 14. Article 41 shall read as follows: "" Art. 41. -(1) Individual salaries of contract staff in individual medical offices, organized according to the provisions of Government Ordinance no. 124/1998 on the organization and functioning of medical offices, republished, with subsequent amendments and completions, from primary care and specialized ambulatory financed from public funds are established by negotiation and cannot be lower than the minimum basic salaries for nurses and doctors, provided for in this emergency ordinance. (2) The legal representative of the medical offices in the primary care and specialized ambulatory care who have on their own list a number of less than 1,000 insured or if the level of income achieved does not allow the classification full-time contract staff, may order fractions of a full-time part. '; 15. Article 43 shall read as follows: "" Art. 43. -The provisions of this emergency ordinance shall enter into force on January 1, 2005, except for the provisions of art. 6 6 para. ((5) and art. 12 12 para. (2), which shall enter into force on 1 January 2006. '; 16. Article 44 shall read as follows: "" Art. 44. -On the date of entry into force of this Emergency Ordinance, any other provisions to the contrary shall be repealed. ' 17. Annex no. I will have the following contents: + Annex I BASIC SALARIES FOR SPECIALIST STAFF MEDICAL AND SANITARY AUXILIARY I. Sanitary units, other than clinical ones A. Basic salars for medical-health specialist personnel No. The level of the studiesThe level of the studiesThe basic salary-lei-minimum 1.Medic primarS5.991.00012.203.000-of pathological anatomy and legal medicine 2) S11.982.00024.406.000 2.SpecialistS5.129.0008.740,000-of pathological anatomy and medicine ) S10.258.00017.480.000 3.MedicS3.904.0007.660.000-of pathological anatomy and legal medicine 2) S7.808.00015.320,000 4.TraineS3.745,000-from pathological anatomy and legal medicine 2) S7.490.000 5.Primary Pharmacist *) S5.259.0009.386,000-from pathological anatomy and medical examination2) S10.518.00018.772,000 6.Specialist Pharmacist S4.567.0007.855.000-of pathological anatomy and forensic medicine 2) S9.134.00015.710,000 7.FarmacistS4.003.0006.199.000-of pathological anatomy and forensic medicine 2) S8.006.00012.398,000 8.Trainee Pharmacist S3.745,000-of anatomy pathological and forensic medicine 2) S7.490.000 9.Physiotherapist, medical bioengineer; principalS4.049.0009.097,000 10.Physiotherapist, medical bioengineer; specialistS3.976.0007.187,000 11.Physiotherapist, medical bioengineer S3.904.0005.988,000 12.Physical physiotherapist, medical bioengineer; debutantS3.714,000 13.Dentist principalSSD4.036.0006.934.000 14.DentistSSD3.962.0006.131.000 15.Dentist debutantSSD3.634,000 16.Principal medical assistant *****) SSD4.069.0007.094,000-from pathological anatomy and forensic medicine 2) SSD8.138.00014.188,000 17.Assistant medical*****) SSD3.994.0006.345.000-from pathological anatomy and forensic medicine 2) SSD7.988.00012.690.000 18.Medical assistant debutant*****) SSD3.663,000-from pathological anatomy and forensic medicine 2) SSD7.326,000 19.Medical assistant principal**) PL3.994.0006.991.000-from pathological anatomy and ) PL7.988.00013.982,000 20.Assistant medical**) PL3.919.0006.242,000-of pathological anatomy and legal medicine (2) PL7.838.00012.484,000 21.The junior medical assistant) PL3.651.000-of pathological anatomy and medical examination2) PL7.302,000 22.Main medical assistant *) M3.994.0006.491,000-of pathological anatomy and legal medicine 2) M7.988.00012.982,000 23.Medical assistant *) M3.919.0005.494,000-of pathological anatomy and forensic medicine 2) M7.838.00010.988,000 24. debutant**) M3.651.000-from pathological anatomy and medicine legala2) M7.302,000 25.Dental Technician principal***) M3.832.0006.468,000 26.Dental Technician ***) M3.760.0005.510,000 27.Dental Technician debutant***) M3.503.000 28.Main medical sister * ***)-from pathological anatomy and forensic medicine 2) M M3.897,000 7.794.0005.843.000 (11.686,000 29.Nurse medical****) M3.824.0004.872,000-from pathological anatomy and forensic medicine (2) M7.648.0009.744,000 30.The junior medical sister * ***) M3.562,000-from pathological anatomy and forensic medicine (2) M7.124,000 *) only in human health facilities. **) It also applies to the functions of pharmacy assistant, social worker and educator-puericultor, dental technician and sanitary technician from the profiles: medical machinery, optician, orthopedic prosthetics and hearing aids that have studies of this level. ***) It also applies to the functions of sanitary technician in the profiles: medical equipment, optician, orthopedic prosthetics and hearing prosthetics. ****) It also applies to the functions: medical officiant, laboratory with sanitary high school, emergency registrar operator, midwife, masseur, gipsar, autopsier, medical registrar, medical statistician, CFM instructor, education instructor, ergotherapy instructor, Social worker, educator-puericulturist. *****) Apply to the following functions: medical assistant specialist; superior imaging, radiology, radiotherapy and radiodiagnostic technician; specialist medical cosmetic; specialist nurse, clinical laboratory technician, technician pharmacy, physiokinetotherapy assistant, medical-surgical emergency nurse, medical-social assistant, specialized dental technician, dental prophylaxis assistant, hygienist assistant for dental office, assistant for dentistry, which have studies of this level. B. Basic salaries for specialized personnel in the medical-sanitary paraclinical compartments No. Basic salary-lei-minimum 31.Biologist, biochemist, chemist, physicist; principalS5.303.0009.405.000-of pathological anatomy and medical examination2) S10.606.00018.810,000 32.Biologist, biochemist, chemist, physicist; specialistS4.605.0007.430,000-from pathological anatomy and forensic medicine 2) S9.210.00014.860.000 33.Biologist, biochemist, chemist, physicist; S4.036.0006.191.000-from pathological anatomy and forensic medicine 2) S8.072.00012.382.000 34.Biologist, biochemist, chemist, physicist; debutantS3.840.000-from pathological anatomy and ) S7.680.000 35.Psychologist, speech therapist, sociologist, professor MFF physiotherapist, social worker, nurse, midwife; principalS4.144.0007.363.000 36.Psychologist, speech therapist, sociologist, professor MFF physiotherapist, social worker, assistant medical, moasaS4.069.0006.742.000 37.Psychologist, speech therapist, sociologist, professor MFF physiotherapist, social worker, nurse, midwife; debutantS3.871.000 38.Professor MFF, biologist, chemist, principal *) SSD4.069.0006.991.000 39.Professor MFF, biologist, chemist *) SSD3.994.0006.181.000 40.Professor MFF, biologist, chemist *); debutantSSD3.663.000 *) It also applies to the functions of puericultor educator, social worker and beautician occupied by persons who graduated with the diploma of short term higher education, with the duration of studies of 2-3 years education of day or 3-4 years seral or frequency-free education. C. Basic Salaries for Auxiliary Health Personnel No. crt.FunctionLevel of studiesBasic salary-lei-minimum 41.Infirmiera, agent DDDG3.718.0003.864.000 42.Infirmiera, agent DDD; debutantG3.532,000 43.Brancardier, baies, namolar, laundress, caretaker G3.645.0003.864,000-from anatomy pathological and forensic medicine 2) G7.290.0007.728.000 44.Ambulantier *) 3.824.0005.360.000 45.Self-sanitary driver I* *) 3.824.0004.872,000 46.Self-sanitary Driver II* *) 3.749.0004.385.000 47.Self-sanitary Driver III* *) 3.676.0003.897,000 *) to staff meeting the conditions of employment for the position of self-health driver I, possess the diploma of completion of the course organized according to the Order of the 388/1992 and is 2 years old as self-health driver I. **) The first and second levels for the salary of drivers of autosanitaries in the county ambulance services and the city of Bucharest are applied, and the salary levels II and III, drivers of autosanitaries in other health facilities. II. Clinical units, institutes and medical centers 1) A. Basic Salaries for medical-health specialist personnel No. The level of the studiesThe level of the studiesThe basic salary-lei-minimum 1.Medic primarS6.719.00014.514,000-of pathological anatomy and legal medicine 2) S13.438.00029.028.000 2.Specials5.890.00011.292,000-from pathological anatomy and medicine ) S11.780.00022.584.000 3.Resident Medic year VI-VIIS8.696.000 4.Resident resident year IV-VS8.128,000-from pathological anatomy and forensic medicine 2) S16.256,000 5.Resident average year IIIS7.182,000-from pathological anatomy and medicine ) S14.364.000 6.Medic resident year IIS6.239,000-from pathological anatomy and ) S12.478,000 7.Medic resident year IS5.292,000-from pathological anatomy and medical forens2) S10.584,000 8.Primary Pharmacist *) S5.216.00012.166,000-of pathological anatomy and forensic medicine 2) S10.432.00024.332,000 9.Pharmacist specialistS4.349.0009.735.000-from pathological anatomy and forensic medicine 2) S8.698.00019.470.000 10.Pharmacist resident year IIIS6.239,000 11.Resident Pharmacist year IIS5.673.000 12.Farmacist resident year IS5.105.000 13.Physiotherapist, bioengineer medical; principalS4.049.00011.963,000 14.Physiotherapist, bioengineer medical bioengineer; specialistS3.904.0009.573.000 15.Main medical assistant * ***) SSD3.970.0009.108,000-from pathological anatomy and forensic medicine 2) SSD7.940.00018.216,000 16.Nurses * ***) SSD3.897.0008.133,000-from pathological anatomy and medical medicine 2) SSD7.794.00016.266,000 17.Main medical assistant *) PL3.897.0009.005.000-of pathological anatomy and forensic medicine PL7.794.00018.010,000 18.Medical assistant *) PL3.824.0008.033,000-of pathological anatomy and medicine ) PL7.648.00016.066,000 19.Medical assistant principal**) M3.897.0007.790.000-from pathological anatomy and forensic medicine 2) M7.794.00015.580.000 20.Medical assistant *) M3.824.0007.060.000-from pathological anatomy and forensic medicine 2) M7.648.00014.120.000 21.Medical sister principala***) M3.767.0006.825,000-of pathological anatomy and legal medicine 2) M7.534.00013.650,000 22.Nurse medical***) M3.696.0005.886,000-of pathological anatomy and forensic medicine 2) M7.392.00011.772,000 B. Basic salariums for staff of specialty from the medical-sanitary paraclinical compartments No. Basic salary-lei-minimum 23.Biologist, biochemist, chemist, physicist; principalS5.129.00011.963.000-of pathological anatomy and medical examination2) S10.258.00023.926,000 24.Biologist, biochemist, chemist, physicist; specialistS4.277.0009.573,000-from pathological anatomy and forensic medicine 2) S8.554.00019.146,000 25.Psychologist, speech therapist, sociologist, professor MFF physiotherapist, social worker, nurse, midwife; principalS4.043.00011.681.000 26.Teacher MFF; principalSSD3.970.0009.005.000 _____________ 1) It may also apply to research staff with higher education from clinical units, institutes and medical centers, which is confirmed in the professional degrees of Cap. II, lit. A No. crt. 1 1-12 and lit. B no. crt. 23-25. 2) The basic salary at the minimum and maximum limit also includes the basic salary higher by 100% provided for in item 2 2 of the Note to Annex no. 2 2 to Government Decision no. 281/1993 , with subsequent amendments and completions, for staff in pathological anatomy and legal medicine working in morgues, prosectes and histopathology, as well as higher basic salaries by 100% provided for in art. 27 of Government Ordinance no. 1/2000 ,, with subsequent amendments and completions and to art. 18 18 para. ((2) of Law no. 104/2003 ,, as amended. Note *) It can only be used in human health facilities. Note **) It also applies to the functions of pharmacy assistant, social worker and puericultor educator, dental technician and sanitary technician from the profiles: medical machinery, optician, orthopedic prosthetics and hearing aids, which have studies of this level. Note ***) It also applies to the functions of sanitary officiant, laboratory with sanitary high school. Note ****) Apply to the following functions: specialist nurse; superior imaging, radiology, radiotherapy and radiodiagnostic technician; specialist medical cosmetic; specialist nurse; clinical laboratory technician; pharmacy; physiophysiotherapy assistant; medical emergency medical assistant; forensic assistant; specialized dental technician; dental prophylaxis assistant; hygienist assistant for dental office; assistant for dental surgery; dentistry, which have studies of this level. NOTE: Salarization of doctors, chemists and physicists in the nuclear radiation hygiene compartment (laboratory) within the public health departments in university centers, which also carry out the activity in clinical health facilities, is established on the basis of the basic salaries in Cap. II. "Clinical units, institutes and medical centers". This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, DAN RADU RUSANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, May 12, 2005. No. 125. ______________