Decree of the Ministry of Health No. 104 / 1961 Coll.
Decree of the Ministry of Health implementing the law on abortion
Valid
Effective from 01.10.1961
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104
DECLARATION
Ministry of Health
of 13 September 1961
implementing the law on abortion
The Ministry of Health provides in an agreement with the Ministry of Justice pursuant to Article 7 of Act No. 68 / 1957 Coll., on the artificial abortion of pregnancy, and Article 5 (3) of Act No. 103 / 1951 Coll., on uniform preventive and medical care, as amended by Act No. 17 / 1957 Coll.:
According to Act No. 68 / 1957 Coll., on the artificial termination of pregnancy, pregnancy can be artificially interrupted only with the consent of a pregnant woman after prior authorisation, only in a bed hospital; authorisation may be granted only for health reasons or for other reasons of special consideration.
(1) The health reasons (indications) which justify the abortion are set out in the Annex to this Decree.
(2) In particular, the following shall be considered as being of particular interest to the grounds for abortion:
(a) the female's advanced age;
(b) at least 3 living children;
(c) loss of the spouse or of his invalidity;
(d) family disruption,
(e) a threat to the standard of living in cases where the economic responsibility for the maintenance of a family or child lies mainly with a woman;
(f) the difficult situation arising from pregnancy in the unmarried woman,
(g) a circumstance which indicates that the pregnancy was committed by rape or other criminal offence.
(3) Artificial termination of pregnancy may not be permitted if there are health reasons against artificial discontinuation of pregnancy (contraindication):
(a) pregnancy over 3 months of age;
(b) acute or chronic inflammatory diseases of the sexual tract;
c) festering bearings, threatening the successful execution of the procedure,
(d) an ongoing acute communicable disease;
(e) if the last 6 months have already been interrupted.
Even in contraindications, pregnancy may be artificially interrupted if continued pregnancy would endanger the life of a woman.
If one of the parents has a severe hereditary disease, abortion may be permitted even if it is older than 3 months or if pregnancy has been artificially interrupted in the last 6 months.
(4) In assessing whether abortion should be permitted, account should be taken not only of the main reason, but also of the overall situation of the woman caused by a summary of health disorders and social conditions.
(5) In women who have not yet given birth, particular consideration should be given to all health and other reasons for the risk of infertility following the first interruption of pregnancy.
(1) A woman applying for an artificial termination of pregnancy should contact either directly or through her attending physician the preferred female and obstetrics department of the hospital with a clinic responsible for her permanent residence and give her reasons. However, the woman can also contact the preferred female and obstetrics department of the hospital with a clinic which is not competent according to her permanent residence, including in another district.
(2) The Head of the Women's and Obstetrics Department of the hospital and the clinic will submit a request to the Commission. The Commission shall be set up at the National Health Regional Institute at each hospital with a clinic. The Commission shall be a three-member body and shall consist of a hospital director with a clinic or a representative appointed by it, who shall direct its proceedings (President of the Commission) and of a preference for the female and obstetrician departments of the hospital with a clinic. The next member of the Commission and his alternate shall be appointed by the Regional National Committee from among the members of the National Committee. The President of the Commission may, if necessary, invite another expert from whose field there is a medical indication or contraindication to act as an expert.
(3) If the request is not granted, the woman shall be instructed to request a review by the Regional Commission, stating that she must do so without delay. This commission has a similar composition to that of the county commission.
The application must be dealt with expeditiously and quickly so that the abortion can take place within 14 days, but not later than 3 months after the start of pregnancy, unless the abortion can take place after 3 months of pregnancy.
The abortion is free of charge.
(1) The Commission may, after consideration of all circumstances, invite the spouses of women and, where appropriate, of the men who caused the pregnancy to act, also their parents.
(2) On a case-by-case basis, the Panel may recommend to women (mostly single mothers) that, after the birth of the child, the child be raised in nursing homes and foster homes, and that, after the removal of the causes which the woman claims as a reason for interruption of pregnancy, the child be returned to her or, with her consent, for adoption.
All participating workers shall be obliged to remain silent about the facts which they have learned when discussing an application for abortion; all documentation on this must also be handled in such a way that these facts are not disclosed.
(1) This Decree takes effect on 1 October 1961.
(2) Order No 249 / 1957 Ú. l, which implements the Act on artificially interrupted pregnancy, and Decree No 129 / 1960 Coll., amending the Decree implementing the Act on artificially interrupted pregnancy, is hereby repealed.
First Deputy Minister:
MUDr. Štich v. r.
Annex to Decree No 104 / 1961 Coll.
A list of diseases,
which are a medical indication for artificial discontinuation of pregnancy.
1. Internal
a) Heart and vascular system disorders:
Chlopene defects, in particular the stenosa of the mittralis and the insufficiency of the aorta, with limited cardiac performance or one that experienced pre-pregnancy signs of circulatory weakness, heart attack, embolism or acute pulmonary oedema.
Acute or evolutionary inflammatory heart disease (myocarditis, bacterial endocarditis, evolutionary rheumatism).
Heart muscle infections.
Any heart disease occurring by the end of the third month of pregnancy is arrhythmias (atrial agitation or agitation, cardiac syncope), venous congestion or cyanosis. Congenital heart defects with disorders of the circulation of the blood, in particular cyanosis and aortic coarctation, with a clear overpressure on the upper extremities.
Hypertensive illness.
Variocose complex of large degree, particularly affecting the landscapes of birth and lower limbs, with ulcerations and thrombophlebitis.
Note: In the case of lighter cardiopathy, it is necessary to consider whether the mother will be able to protect herself sufficiently other exertions (household, employment, nursing especially in the first 2-3 years, if there are more young children in the family needed supervision even at night).
(b) Lung disease:
Pulmonary diseases with reduced respiratory function (pulmonary insufficiency), bronchiectasia, chronic bronchitis, emphysis.
Chronic pulmonary infection.
(c) Kidney diseases:
Chronic glomerulonephritis with signs of active inflammatory process, increased FW.
Chronic glomerulonephritis, accompanied by nephrotic or hypertensive syndrome.
Chronic pyelonephritis.
Acute pyelonephritis.
Nephrose accompanied by hypoproteinemia.
Kidney amyloidosis.
(d) Diseases of blood production:
Bleeding disease.
All hemoblastoma and hemoblastoma.
Wood depression.
Hemolytic anemia.
Digestive tract diseases:
Complicated cholelitiase (biliary cirrhosa, choledocholitiasa, empyme gallbladder, cholangitis, pancreatitis.
Recurrent pancreatitis, pancreatitis.
The ulcer disease.
Ulcerative colitis.
Stages of detectable denutrice caused by digestive diseases.
Chronic parenchymatosis liver disease.
Post-infectious hepatitis status up to two years, or if signs of hepatic impairment.
(f) Endocrine disorders:
Basedown disease.
Struma with mechanical consequences, especially retrosternal strum with compression of cervical veins.
Hypothyroidism.
A pituitary adenoma with mechanical consequences, especially with a risk of vision.
Hyperparathyroidism.
Diabetes mellitus: at bilateral loading (diabetes of both parents or in both families); with a tendency to acidosis; poorly responding to insulin therapy; diabetes accompanied by some complications, particularly vascular in juvenile forms in reabortion and foetal death.
Addison's disease: after preparation in a professional institution to prevent the addison crisis.
Adenomas of the adrenal gland.
Other endocrinopathy based on an examination of the institute.
(g) Infections: in the first three months of pregnancy, transmissible to the foetus and causing malformations and changes in development.
2. Surgery:
Extensive abdominal hernia, diaphragm and hiatus hernia, if the woman disagrees with surgery.
Post-stress syndrome after gastric resection and post-cholecystectomy syndrome.
Repeating ileus states.
Surgically treated congenital anomaly of the colon and rectum.
Extensive abdominal and pelvic tumors.
Conditions after performance on organs internal secretion.
Lung resection states with reduced lung capacity.
Actinomycosis of the lungs and pulmonary abscesses.
Advanced organic changes in peripheral vessels.
Right and wrong arteriovenous aneurysms of aorta and large vessels of the abdominal and extremities.
Malformation of brain vessels anatomically benign.
3. Urological:
Conditions after kidney removal or when one kidney is missing (agenesia) or is atrophied (hypoplasia).
Cystic renal degeneration with bilateral renal impairment.
Haematuria from unknown causes.
Nephrolithias bilaterally, although the details are not fixed and often spontaneously leave both kidneys - urate urolithias.
Single-sided nephrolithiasis with impaired renal function.
Papillomatosis of the bladder.
Hydronephrose.
Dystopian kidney, cross dystopia, horseshoe kidney.
4. Orthopedic:
The deformation of the pelvis after injury, by the Crobakov pelvis, by central hip luxation. Symphysiolysis at birth.
Scoliosa lumbar and thoracic spine with pelvic deformations.
Pelvic deformation at bone malacia and Morbus Paget.
Spondylolistesis.
Subluxation and other hip deformities or post-Perthesov disease (must be taken into account if the mother can take care of her child properly when she is hard to mobile herself).
Double-sided hip ankylose.
Deformation arthrosis with hip and lumbosacral.
Construction after extensive and complicated fractures of long bones and fractures of intraarticular large joints.
Systemic diseases (such as osteopsathyrosis, Morbus Albers-Schönberg), although only the father, chondrodystrofia fetalis, is affected by the disease.
Osteomalacia.
Abdominal armor after poliomyelitis, especially when the palsy is also affected by the lower extremities.
Recurrent chronic osteomyelitis of the pelvic bone.
Spastic polio.
5. Revmatological:
Spondylartritis ankylopoetica-Morbus Bechvorew with simultaneous hip joint involvement. Polyarthritis chronica progressives with especially hip joint disorders.
Chronic polyarthritis, complicated amyloidosis.
6. Oncological:
All malignant tumors without distinction of localisation and condition after their surgical removal or after treatment with radiation.
7. Tuberkulose:
(a) Tuberkulose pulmonary:
(aa) All infectious and optional contagious forms of tbc.
ab) All forms of tbc (even without finding BK) in the evolutionary phase (disintegration, sowing, infiltration) or in the resorption phase or with symptoms of activity (in the stage of subcompensation or decompensation).
Note: In particular, when a complex treatment cannot be expected to avert the risk that the mother's tbc will get worse, and it is not possible to prevent infection of the child.
(ac) All uninfected and inactive forms which are at risk of reactivation or worsening as a result of pregnancy, birth or lactation, in particular: in young mothers; if the previous pregnancy has an effect on the development or worsening of tbc; if the duration of inactivity persists for a short time; if the time distance from the last pregnancy is short; in multi-births with reduced cardiac respiratory function; in tbc complicated by more severe non-specific disease if its degree itself was not an indication for abortion (diabetes mellitus).
(b) Tuberkulose extra-pulmonary:
Tbc larynx.
Tb of spine, pelvic bones, hip, knee joints and other bones.
Tbc bowel.
Tbc urogenital.
Tbc of the nervous system and spinal cord.
Note: Particularly careful assessment requires every young person. The indication for interruption is also the contagious father's if his isolation is not feasible due to the constraints on housing conditions, and if his mother were forced to leave her job, which would be associated with a threat to her proper living life.
8. Neurological:
Multiple sclerose cerebral spinal cord and other demyelinating diseases. Paraplegia and severe paraparesis of the lower limbs for organic causes.
Brain tumors, spinal cord and her wrappers.
Parasitic disease of the central nervous system.
Hereditary ataxia (Friedreich disease) and heredoataxia cerebellaris (Pierre-Marie disease).
Hepatolenticular degeneration (Wilson's disease, Westphal-Strümpell).
All myopathy.
Dystrophic myotonia.
Huntington's disease.
Note: In Huntington's disease and dystrophic myotonia, the absolute indication for abortion is that only the father is affected by the disease.
Cerebral form of endarteritis oligerans.
Encephalomalacia of any etiology.
An aneurysm and an intracranial vascular malformation.
Funicular myelosas.
Encephalitis epidemiica in both acute and chronic phase.
Other encephalitis at acute stage.
Acute protracted stages of other neuroinfections.
Myasthenia.
Syringomyelia and syringobulbia.
Hematomyelia.
Intracranial and spinal arachnoiditis with objective neurological findings.
Meningeal hemorrhage.
Trauma of the brain and spinal cord with significant bearing symptoms (including residual conditions of this type).
Severe residual post-meningitic conditions.
Athetosis duplex.
Primary brain atrophy.
Dysbasia lordotica progressiva.
Familial periodic polio.
Harder lumbar discopathy.
Trigemin neuralgia.
Epilepsy with overall degeneration and character changes, if there are other somatic and psychological defects; if is ill refractory against modern medical treatment; if the other parent has a severe migraine at the same time.
Status epilepticus.
9. Psychiatric:
(a) Mother's illness:
Delicate condition deteriorating during pregnancy.
Paralysis progressiva.
Schizophrenia with chronic.
Generation psychos with reattacks.
Serious maniomelancholy.
Severe psychopathy.
Severe reactive mental disorder with the danger of suicidium.
Severe neurosis anxious and obsessive.
Nervous heredofamilar disease with mental disorders.
(b) Diseases occurring in one of the parents, particularly inherited:
Oligophrenia.
Severe psychopathy.
c) When the mother gave birth from a connection with the same father an oligophren or otherwise stigmatized psychopathic child.
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Regulation Information
| Citation | Decree of the Ministry of Health No. 104 / 1961 Coll., implementing the law on abortion |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.1961 |
|---|---|
| Effective from | 01.10.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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