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Law No. 5581
Acceptance Date: 02/15/2007
Article 1 dated 07.05.1987 and numbered 3359 Health Services the following additional items are added to the Basic Law.
"Compulsory liability insurance to ensure that Article 9 of Annex
meeting all claims arising from medical services;
A) free as the doctors who practiced his profession for themselves
b) Employee returns obtained with the help of the rotary owned by paid personnel from capital gains owned health institutions and organizations for private legal entities doctors they employ their own health institutions and organizations,
compulsory liability insurance has to be.
Subparagraph (b) within the scope of public institutions and the organizations they work for doctors who work in institutions and organizations commissioned by the insurance does not cover the case of a surgeon about to perform as a freelance profession. carrying out the mandatory liability insurance of employees in health institutions and physicians
, the head of health institutions and organizations that are primarily responsible for work related.
Brought by this law within the scope of compulsory insurance in the event of actual or still reason to be fined by the insured; It makes insurance compulsory liability for damages within the limits prescribed by the insurance pays directly harmed.
Insurance premiums and tariffs
Annex Article 10 state-owned revolving health institutions in serving physicians are introduced by this law mandatory liability insurance premium of fifty percent of agencies and institutions belonging revolving funds; Fifty percent is covered by the additional payment of the share capital of the person insured returns. All of the medical officer in the military health institutions up to an additional payment is made from the revolving fund premiums are paid from the revolving fund.
Public organizations and institutions outside agencies and organizations employed physicians of the insurance premiums paid by employers who employ or. This article, with the exception appeared in the fifties share and third paragraphs percent in the first paragraph, the premium paid for the insured under any name and salary in no way insured and can not be disconnected from other financial rights, the contract can be made containing the provisions of this road.
A physician because of the defect, in the event that payment of higher premiums for physicians compared to their counterparts, the difference is borne by cutting the surgeon's working capital related income.
general conditions relating to the compulsory liability insurance Treasury, the tariff and instructions by the Ministry to which the Treasury is determined by taking the opinion of the Ministry of Health and published in the Official Gazette.
Insurance Authorization for Additional Article 11 of this Law introduced by compulsory liability insurance, which is licensed by the Ministry of Treasury in the related field is done by insurance companies.
Ministry of Health, ensuring the provision of insurance in the most appropriate conditions for public servants physicians, may tender according to the public procurement legislation of one or more insurance company in the most appropriate commitments in terms of premiums and coverage is from insurance companies mentioned in the first paragraph to authorize for one year. In this case, compulsory liability insurance of physicians working in the public sector can only be made by the insurance company will be determined as a result of this tender.
Compulsory liability insurance provided for in Annex Article 12 of this Law; in which they make themselves hard to make a case in which physicians and physicians who must insure they run from this administrative fine of five times the premium to be paid for the period of insurance is given to those who have insurance. This is fine, dated 03.30.2005 procedures in 5326 and is subject to the principles and Misdemeanours.
In public institutions and organizations, the insurance authority of that institution and establishment of administrative fines imposed for failure to built is personally responsible. "
Article 2 Health Services second paragraph of additional article 1 of the Basic Law Article amended as follows and after this paragraph The following paragraphs have been added.
"Clinical chief, deputy chief of the clinic, the chief resident and assistant staff, the appointment is made in accordance with applicable legislation without the permission assignment at risk. The chef and assistant chef exam, the Ministry of Health made a year. This exam, medicine has gained expertise in the title of original scientific research, and made broadcasts and Interuniversity Board who have achieved a foreign language exam will be prepared by the central system, candidates shall apply declaring its expertise with the necessary documents and publications. Ministry, constitutes a three or five-member jury, taking into account their areas of expertise. This publication examines jury candidates oral and practical exams and eventually also the amount subject to the successful ones, gives the exam a certificate of achievement assistant chef or chef in the relevant field of expertise.
A teaching and research hospital located in the outdoor unit chief or deputy chief of staff, the Ministry of Health, will be announced to the candidates to apply. Chief or deputy chief exam with a certificate of achievement who are professors or associate professors candidates shall apply to staff declared. by the Ministry to examine the scientific and educational qualifications of the candidates, three professors or chief is determined to be from at least one appointment made to teaching and research hospital. These professors or supervisors shall inform the Ministry about candidates for separate deliberations. This is the opinion of the Minister, Secretary, Director General of Health Education, Medical Services Director General and the staff is assigned with the examination of the Director-General. Located primarily in the provinces
Development education and research hospitals declared at least five years of application of the de facto chief staff who worked as deputy chief exam is not required. These people are appointed by five years of actual work to be appointed to the provincial chief of staff other than the priority provinces for development in the squad.
Things clinical chef and prepared by the Ministry of principles and procedures relating to başasistanlık chief assistant exam and exam from the date of publication of this Law shall be determined by a regulation enacted within three months.
Service and chief of laboratory medicine or chief assistant professors or professors in the medical education and research hospitals; specialist physicians or the medical field has a PhD physicians Or, law, public administration, economics, business administration and health management licenses in the field, graduate or receive doctoral training physicians who may be appointed as head doctor to other hospitals. "
Article 3 Health Services snap of the Basic Law Article 5 the following paragraph is added to the substance.
"Civil service employees who perform the obligation, in the province where they can work as family physicians contracted or if need be assigned to family medicine practices. This time in family medicine staff counted from the State service obligations. Family medicine in place traversed the implementation of this working in primary health care for reasons of practical civil service duty staff to change positions in the province. "
Article 4 31/12/1980 dated and 2368 numbered Health Personnel Compensation and the Law on Working Principles 2 Article has been amended as follows.
"Article 2 weekly legal working hours of employees working in public health services 45 hours, Article 4, which recognized the right for those who benefit from 40 hours. The staff's daily working hours shall be determined in accordance with the provisions of Law No. 657 and 926. However, identification with staff from ionizing radiation, therapy, or the places in which the research is business or operations personnel working in the Ministry of Health operated in radiation dose limits specified in the regulations to be issued. "
Article 5 in 2368 numbered Article 4 of the Act has been amended as follows.
"Article 4 1 from staff within the article content can work freely on their profession and art according to the special law enforcement to rights and privileges to those who have the enjoyment of the compensation envisaged in the case of Article 1 they want outside of working hours with the condition. These business challenges, business risk and difficulties in the provision of this nature hikes or not paid on time. However, the provincial health directorate and those carrying out the work as a freelance consultant tasks. serving chief in military health institutions are not subject to the ban on self-employment. "s
Article 6 11/4/1928 dated 1219 numbered Medicine and Şuabat the state art of Style Article 1 of the Law on the Execution" and Turkey are "phrase Article It has been removed from the text.
ARTICLE Law No. 7-1219 is added the following paragraph to come after the second paragraph of Article 3.
"Anesthesia technicians; anesthesiologist or it's under the supervision of experts that surgery in cases where there and they anesthetize business and operations in accordance with the directive. "
ARTICLE 8 No. 1219 Law Article 4 of the first sentence" leave the Turkish doctors "the phrase" the graduate physician "as amended.
Article 9 Article 9 of Law No. 1219 has been amended as follows.
"Article 9 Training of authority to educational institutions and to decide on proposals for the abolition of the education authority, the expertise to determine the rotation of the main branch, to determine the specialty examination, the jury will make an assessment of scientific assistants who study foreign schools and to identify training hospitals, medical specialty training and give expert opinions about the manpower, the provider of monitoring the development of specialist medical examination and to be responsible for doing research in medicine at the Ministry of Health has consistently set quality shall constitute the Board of expertise.
The Board of Medical Specialties;
A) Ministry Undersecretary, general managers and 1. Legal Counsel,
b) five chosen by the Ministry of teaching hospitals including one dental surgeon,
c) of the four medical schools and chosen by the Council of Higher Education from a dental school one,
d) Gulhane Military Medical Academy and be elected by the faculty
d) be elected by the Turkish Medical Association,
e) be elected by the Turkish Dental Association, composed of
Institutions determine the actual number of members until they choose alternate members.
Full and alternate members of the Board to be experts to be selected, it is also essential to be at least three years with clinical or laboratory supervisor or professor title. Members of the term of office of three years. Duration happening reelected.
The Committee will meet at least twice a year at the invitation of the Ministry. Undersecretary of the Ministry or the Board shall be chaired by the deputy chairman will be elected at the first meeting to be held among the members. The Board, with the proposal of at least five members of the extraordinary meetings.
Assembly, two thirds of the members will meet with the participation of. Turkish Medical Association representatives about the only physicians, Turkish Dentists Union representative may participate in the meetings only to discuss the issues related to the medical and dental use to vote on issues related to their professional fields. Decisions are taken by majority vote. the side of the head in case of an equality of votes shall have achieved the majority. However, the participants in the meeting on the abolition of the institution of education authority at least three must be decided by a majority of two.
Assembly membership to those who attend two consecutive meetings without excuse once fall.
Board's working procedures and principles and other principles and procedures related to commissioning and training of specialized expertise documents related to other issues prepared by the Ministry of Health Ministers Council of a regulation to be put into effect. These regulations until the date of konulunca will continue to apply existing regulations. "
ARTICLE 10- 13/12/1983 dated and No. 181 of Ministry of Health Organization and Duties of the Decree fifth and seventh paragraphs of Article 31 is amended as follows.
"The ministry may create specialized committees to present the issues related to the country's health advisory function to make the Council meetings and advisory boards, depending on the branch of medical science in judicial matters arising from the exercise of their art files examined in the Council meetings. Chairman of the Board and the Commission, as a member of the Health Council meetings are natural to the meeting. Board members of the Public Health Act of 1593 The remuneration is determined in Article 16 shall be paid.
The Council meetings of the advisory be determined in the guidelines prepared by the Ministry working principles and procedures of boards and commissions. "
ARTICLE 11 No. 181 Ministry of Health Organization and Duties of the Decree-Law is located in the additional Article 3" charges revolving fund the condition to be met "to" fee for working capital or to be covered from the central government budget "has been changed to.
Article 12 of 10/7/2003 dated 4924 numbered Recruiting Difficulty places Contracted Medical Staff Starting with some Law and the Law on Amendments to the Decree of the third paragraph of Article 3 to come after the first sentence, "however, contracted where the staff position service units, mergers, quality change or name change causes these changes if unchanged with like, provided that in the province, a year can be a maximum of two times the Cabinet decision regardless of the Ministry of Finance visa. "phrase added to the second sentence of the fourth paragraph" However, contract staff; earthquakes, fires, floods, landslides, avalanches and other disasters, martial law, a state of emergency, within a month of exceeding service years with mobilization and war during the training sessions, doctors and nurses, dialysis training purposes more than once and more than three months and a record for this time committed to work four times as compulsory service obligation, except where temporary basis in the units allocated to the position. "in the present.
4924 Article 13 The last sentence of the second paragraph of Article 4 of Law No. "another position title and a contracted transport staff positions required to be appointed to the examination done by the title, the central test scores. in the same position title of the contract staff of this Act Article 1 pursuant prepared Ministers are based on service points in shipping the same titled examination of the empty other positions required to be appointed between the service units shown in the decision. "as amended, in third paragraph" empty other position postings "after the phrase come to "service points" has been added.
Article 14 of this Law;
A) Article 1 of the 3359 Act added except additional 10th last paragraph of the article, after six months from the date of paragraphs 1 and Article 4 of the publication,
b) was added to the 3359 Act with Article 1 of the additional 10th on the other ingredients of its publication in the last paragraph of Article
it enters into force.
from the date of publication of the Article 7 is repealed seven years later.
Article 15 of this Law shall be enforced by the Council of Ministers.
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