Act No. 20 / 1966 Coll.

People's Health Care Act

Valid Effective from 01.07.1966
20
THE LAW
of 17 March 1966
on the care of people's health
Main principles of care for people's health
Článek II
The care of society about the health of the people must be consistent with the effort of each individual to live healthy and avoid the effects of harmful effects on his or her health. At the same time, every citizen should help to develop the health of its fellow citizens and therefore actively contribute to creating healthy conditions and healthy ways of life and work.
Článek III
The main assumptions of care for the health of the people include the continuous development of science and technology and the prompt implementation of scientific research results in practice. Science must therefore provide the necessary knowledge in advance and apply it to all areas of the national economy whose activities have an impact on the health of the people.
Článek IV
People's health care focuses primarily on preventive protection and the continuous consolidation and development of people's physical and mental health; special attention shall be paid to the care of the new generation and the protection of workers' health.
Článek VI
In order to implement these principles of human health care, the law provides for the provision of healthcare.

DRUHÁ ČÁST

Participation of citizens, professional organisations, professional and other civil associations in health care

HLAVA PRVNÍ

Participation of citizens
§ 8
Citizens are actively involved in the provision of care for the health of the people, particularly by:
(a) apply hygiene principles in their activities and cooperate on measures to remedy living conditions;
(b) give incentives to improve care for the health of the people, highlight health defects and discuss measures to develop the health of the people;
(d) participate in health actions; their high civic awareness also shows blood donation.
§ 9
(1) Citizens have the right to receive health care under the provisions of this Act, the General Insurance Act and the regulations issued for their implementation and the Public Health Protection Act.
(2) Citizens, with the exception of persons in the exercise of security detention, detention and imprisonment, are allowed the choice of doctor, clinical psychologist and medical institution. The possibility of choice does not concern preventive care for racing under § 18a and health care facilities where such facilities are provided by the competent public health authority to implement anti-epidemic measures. The choice also does not concern examination by a doctor to determine whether it can be placed in or released from a police cell.
(3) The choice of a doctor in active duty soldiers and pupils in military schools who prepare for the service of an occupational soldier and who are not in active duty shall be governed by specific provisions. 15) For citizens who are provided with employment services and for citizens whose state of health is assessed for the purpose of providing benefits and exceptional benefits 15a), the choice of doctors and healthcare institutions is restricted by specific legislation15b).
(4) In the interests of their health and the health of their fellow citizens, everyone shall:
(a) undergo, in cases provided for in general binding rules, health examinations, examinations and diagnostic tests, treatment of diseases of particular importance, rendering, disinfection and other measures to protect against disease;
(b) provide or facilitate the necessary assistance to a person who is at risk of death or shows signs of serious health disorder;
(c) participate in medical training and training for reasons of general interest.

HLAVA DRUHÁ

Participation of professional organisations, professional and other civil associations
§ 10
(1) Competent trade unions
(a) participate in health care checks;
(b) participate in the development of generally binding health legislation;
(c) participate in the selection procedures for the appointment of health managers.
(2) The Czechoslovak Red Cross educates citizens to participate in the performance of health tasks and its components cooperate closely with health institutions.
(3) The tasks relating to the health of the people are carried out by civil associations according to the principles agreed with the Ministry of Health.
§ 10a
(1) The Ministry of Health of the Czech Republic ("the Ministry of Health") cooperates with professional organisations and professional civil associations, 1)
(a) ensuring the professional competence of their members;
(b) the creation of tariffs relating to the performance of health care, the pricing of medicines and medical devices;
(c) the creation of generally binding health legislation;
(d) authorisation to operate non-state health facilities;
(e) selection procedures to fill health management posts.
(2) The organisation of disabled citizens shall participate in the tasks referred to in paragraph 1 (c) through the Government Committee.

TŘETÍ ČÁST

HEALTH

HLAVA PRVNÍ

Health care

Oddíl 1

Provision of health care
§ 11
(1) Health care is provided by health care establishments of the State, municipalities, natural and legal persons in accordance with current available medical knowledge. The conditions for the provision of health care in healthcare establishments are laid down in specific laws. In addition, health care shall be provided by social services facilities with resident services, in the case of nursing and rehabilitation healthcare for insured persons located there, under the conditions and to the extent laid down in a specific legislation. (1a)
(2) Health care is provided
(a) without direct remuneration on the basis of general health insurance to the extent specified by the special legislation2) or on the basis of contractual health insurance;
(b) without direct remuneration from the resources of the General Health Insurance Corporation of the Czech Republic in respect of citizens of the Slovak Republic who do not have permanent residence in the Czech Republic, they are not in the territory of the Czech Republic in a working or similar relationship or self-employed capacity; The General Health Insurance Company of the Czech Republic shall apply a claim for reimbursement to the competent authority of the Slovak Republic,
(c) without direct reimbursement from the resources of the state budget of the Czech Republic, charitable, religious and other legal and natural persons,
(d) for full or partial financial compensation.
(3) For full or partial financial remuneration
(a) health care goes beyond that laid down in specific regulations;
(b) examinations, examinations and other performances carried out in the personal interest of natural persons or of legal persons not pursuing a therapeutic purpose;
(c) medicinal products, medical devices and food for special medical purposes in excess of those provided for in the specific regulation, 2)
(d) arrangements in facilities for institutional care, children's homes, nursing homes and nurseries;
(e) sanitary services ordered by natural or legal persons;
(f) residence in institutions for reasons other than health care, if not for care which is considered to be social care under the Special Law (16), or for the residence of a guide under the Special Code. 17)
§ 12
(1) Health care is provided by health care institutions, on the basis of cooperation and efficient division of work, while maintaining the unity of professional care for human health and personal responsibility for the care provided. Only authorised healthcare professionals can perform health care in these facilities.
(2) Where pupils, students or other persons are preparing to pursue the profession of health care professional under special legislation (2a), the health care establishment shall be required to provide practical training consisting of carrying out health care activities under the direct direction of a healthcare professional competent to perform activities without professional supervision which are the subject of practical instruction. The first sentence also covers practical teaching in social services (2b).
§ 12a
(1) Health care facilities providing health care must be staffed, factually and technically equipped for the type and extent of health care it provides and meet the hygiene requirements for its operation.
(2) By decree, the Ministry of Health sets out the requirements for the physical and technical equipment of the medical establishment and the hygiene requirements for its operation. The Ministry of Health shall, in agreement with the relevant Chamber of Health, lay down requirements for personnel equipment for the medical establishment.
(3) The Ministry of Health, in cooperation with the relevant Chamber, checks compliance with the requirements for personnel equipment for the medical establishment.
(4) The Ministry of Health and, in the case of non-state health establishments, the authority responsible for registration of health care establishments is responsible for compliance with the requirements laid down for physical and technical equipment.
(5) Compliance with the health requirements laid down for the operation of health facilities shall be checked by the public health authority established under a specific legislation. (c)
(6) Where the competent authority for the control of a medical establishment finds that the medical establishment complies with the requirements for personnel, material and technical equipment and the hygiene requirements for its operation, it shall, within the limits of its competence, issue a document certifying compliance with those requirements. If the requirements for personnel equipment are met, this document shall be issued by the Ministry of Health in agreement with the relevant Chamber.
(7) The document certifying compliance with the established requirements of personnel, material and technical equipment and sanitary requirements contains:
(a) the name, address and identification number of the person of the medical establishment;
(b) the name and registered office of the inspection authority;
(c) the definition of the subject matter of the checks carried out;
(d) the names, surnames, titles and signatures of the persons who carried out the check;
(e) the date of the inspection;
(f) certificates of compliance.
(8) Where the inspection authority finds that a medical establishment does not comply with the requirements laid down for personnel, material or technical equipment or sanitary requirements, it shall not issue the relevant certificate demonstrating compliance with those requirements and shall inform the health care establishment, the Ministry of Health, and, in the case of a non-state health establishment, the competent authority for registration.
(9) In cases where the competent authority for inspection finds that a health establishment does not meet the requirements laid down for personnel, material or technical equipment or sanitary requirements, it shall be entitled to impose on a controlled health establishment measures to remedy it.
(10) When it is established that health care establishments do not comply with the requirements laid down for personnel, material and technical equipment or sanitary requirements, the competent authority responsible for the inspection shall immediately communicate these facts to the Ministry of Health and to the competent authority responsible for registration of non-state health establishments. In such cases, the Ministry of Health or the authority responsible for the registration of a medical establishment shall be entitled to decide, depending on the seriousness of the defects, to modify or withdraw the authorisation to provide medical care.

Oddíl 2

Health education of the population
§ 13
Health establishments and their health workers have a decisive role to play in the education of the population, which is carried out in close contact with other educational activities.
§ 14
All health institutions and their healthcare professionals, in close cooperation with their family, school, economic organisations and civil associations, shall perform their tasks in the public health education sector as an integral part of their day-to-day activities.

Oddíl 3

Activity on the hygiene and fight against infectious diseases
§ 15
(1) Medical facilities are managed by the authorities and organisations and individual citizens in order to create and protect healthy living conditions, assist them in carrying out their tasks and control their continuous and uniform implementation.
(2) Health care facilities also implement specific protection measures against infectious diseases.
§ 16
(1) The tasks of the health establishments referred to in Article 15 are performed by their health professionals as an integral part of their day-to-day activities to the extent appropriate to their work.
(2) Specific professional tasks in the field of public health protection are performed by public health authorities under specific legislation, 2c) State health institutions and health institutes.

Oddíl 4

Treatment preventive care
Contents of medical preventive care
§ 17
(1) Treatment preventive care consists in the care of the protection, recovery and consolidation of the health of individuals and of collectives; is provided to the population in health and illness, maternity and other conditions requiring medical assistance.
(2) Treatment preventive care includes all outpatient and institutional care including spa care, pre-hospital preventive care, pre-hospital emergency care and medical nutrition, the provision of medicines with the exception of reserved medicines sold by vendors of these medicines, 17a) medical devices, food for special medical purposes and the transport of patients.
§ 18
(1) Outpatient care, including the visiting service, is provided by practical and other specialist doctors in individual offices and associated outpatient facilities.
(2) If he requires a state of ill care which cannot be provided in an outpatient capacity, he shall be provided with constitutional care, generally in a hospital or in a medical institution.
§ 18a
Racing preventive care
Racing preventive care (4) ensures, in cooperation with the employer, prevention, including protection of workers' health against occupational diseases and other damage to health from work and prevention of accidents.
§ 18b
Rescue services
Emergency services provide professional pre-hospital emergency care. The rescue service facility shall establish a region which shall be responsible for the organisation and operation of the rescue service in its territorial district. Aircraft intended for the performance of the air rescue service are contracted and operated by the State through the Ministry of Health. The basic tasks and organisational arrangements of the emergency services facilities and workplaces shall be determined by the Ministry of Health by a decree.
§ 19
Spa care
(1) Spa care is provided to selected persons whose health requires it. The list of diseases in which spa care can be provided and the duration of treatment period is determined by the Ministry of Health after consulting the Ministry of Labour and Social Affairs of the Czech Republic. Other conditions and ways of providing spa care to workers and their family members will be determined by the Ministry of Health in agreement with the Ministry of Labour and Social Affairs of the Czech Republic.
(2) Spa care is authorised by the competent social security authorities, or other authorities and organisations authorised to do so, on the basis of medical proposals and in cooperation between health care establishments and bodies. Spa care for children under 15 years of age and persons suffering from diseases listed by the Ministry of Health is permitted by health authorities and facilities.
§ 20
Medical care
(1) Medical care means, in particular, the provision, preparation, control, storage and supply of the necessary medicinal products, food for special medical purposes and medical devices, at the same time providing professional information to the patient, unless they have been provided directly in the course of preventive treatment. Medicinal products and food for special medical purposes for the patient shall be issued by a pharmacy or other devices designated for that purpose on medical prescription.
(2) The legislation governing the prescription and supply of medicinal products applies mutatis mutandis to the prescription and supply of food for special medical purposes (2c). (4a)
§ 21
Assessment activities
(1) An integral part of preventive care is the medical assessment activity, the leading task of which is to assess eligibility for work. This activity is carried out by general practitioners according to special regulations issued by the Ministry of Health in agreement with the Ministry of Labour and Social Affairs of the Czech Republic.
(2) For purposes other than those referred to in paragraph 1, assessment activities shall be carried out and certificates issued to the extent specified by the Ministry of Health.
(3) The assessment of eligibility for work for social security purposes shall be governed by specific provisions.
§ 22
Active public health care
(1) Health care facilities actively take care of the health of the population, in particular by preventing diseases, their early recognition and effective treatment; the use of dispensational methods of work which ensure active care mainly for children and young people, for women in relation to maternity, for persons who are exposed to particularly adverse effects of the working environment, for persons carrying out activities where there is a risk of spreading infectious diseases and, in turn, for other groups of the population established by the Ministry of Health.
(2) Each person shall be required to submit to preventive examinations, examinations and diagnostic tests, which are not associated with health hazards, in the framework of the dispensary care or general preventive actions carried out under the Health Ministry's guidelines to call on relevant medical facilities.
§ 23
Lessons and consent of the patient
(1) A healthcare professional competent to pursue the relevant medical profession shall inform the patient or, where appropriate, other persons in accordance with Article 67b (12) (d), of the purpose and nature of the healthcare provided and of any investigation or medical exercise, as well as of its consequences, alternatives and risks. If the medical condition or nature of the patient's illness so requires, the health professional referred to in the sentence shall be entitled to communicate to the patient and members of his household (4c) who are not close persons, as well as the information necessary for them to ensure the care of the patient or to protect their health. Where a patient has declared a prohibition on the provision of information under Paragraph 67b (12) (d), the information referred to in the second sentence may be communicated only with the consent of the patient. Article 67b (12) (d) and Article 67ba (1) and (2) shall apply mutatis mutandis to consent.
(2) Investigative and therapeutic procedures are carried out with the consent of the patient or may be presumed to have such consent. If the patient refuses to provide the necessary care, the treating physician will request a written declaration of this (reverse).
(3) If the immediate execution of an investigative or medical exercise is necessary to save the life or health of the child or of a person deprived of legal capacity and the parent or guardian withdraws consent, the treating physician shall be entitled to decide to carry out the exercise. This provision concerns children who cannot assess the necessity of such exercise due to their reasonable maturity.
(4) Without the consent of the patient, it is possible to carry out investigative and medical procedures, and, if necessary, take over the patient also into institutional care.
(a) in the case of diseases provided for in a specific regulation for which compulsory treatment may be imposed;
(b) if a person showing signs of mental illness or intoxication endangers himself or his surroundings; or
(c) if it is not possible to obtain his consent due to the medical condition of the patient and it is urgent to save life or health;
(d) if it is a carrier. 4d)
§ 24
Recruitment of a sick person without his written consent to constitutional care for the reasons set out in Paragraph 23 (4) shall be notified within 24 hours to the court in whose district he is residing. 5) The taking-over shall not be notified to the court if the sick have subsequently given his consent to constitutional care within 24 hours.
§ 25
Treatment of works
The treatment of work shall be organised and maintained by health care establishments which may set up their own workshops and other facilities for this purpose, where appropriate using opportunities provided by industrial and agricultural establishments or other organisations. Work in the treatment of work does not create employment. The income obtained will be used by health care facilities to cover increased costs, improve the cultural care of the sick and pay the remuneration, according to directives issued by the Ministry of Health in agreement with the Ministry of Labour and Social Affairs of the Czech Republic.
§ 26
Removal of parts of the human body in connection with preventive care, medical science, research and teaching purposes, blood, cells, tissues and organs collection
(1) Blood collection and removal of parts of human bodies are carried out and organised by health care establishments only for medical preventive care and medical sciences, research and teaching purposes. The body of the deceased or part thereof may be used only under the conditions laid down in this law. The collection and donation of cells, tissues and organs for the purpose of transplantation shall be carried out in accordance with specific legislation governing the donation of cells, the collection and transplantation of tissues and organs. (a)
(2) Blood collection may be carried out with the consent of the donor and must not endanger his health and must be carried out in such a way as not to endanger the health of another person.
(3) The removal of tissue or blood for diagnostic purposes may only be carried out from the deceased's body to the extent strictly necessary and while maintaining the piety.
(4) If any part of the patient's body has been removed in connection with therapeutic preventive care, it can be stored and used (hereinafter the "part of the patient's body")
(a) for medical science, research or teaching purposes;
(b) for the manufacture or preparation of medicinal products under special legislation, (5c); or
(c) for purposes other than those referred to in points (a) and (b), where applicable, the use of human tissues and, where specific legislation so provides, human cells for healthcare purposes;
(hereinafter referred to as "medical needs'), only if the patient has been informed of the possibility of preservation and use for medical use by the treating physician and the patient has given evidence of written consent; Part of the consent is to define the purpose of using parts of the patient's body.
(5) Use the body of the deceased for medical purposes only
(a) the deceased has given demonstrable written consent in his lifetime; where the deceased has not demonstrated his or her will during his or her life, a person close to the deceased may express demonstrable written consent to the use of the deceased's body; a definition of the purpose of using the deceased's body is included in the consent; if the medical institution does not recognise the consent of the deceased or the person close to the deceased does not give such consent, the body of the deceased cannot be used for medical purposes,
(b) there was no suspicion that the cause of death was a communicable disease,
(c) it is not a deceased in the exercise of security detention, detention or imprisonment;
(d) the purpose of the autopsy shall not be thwarted, in particular where there has been suspicion that the cause of death is a crime or a suicide.
(6) For medical purposes, part of the patient's body can be used or the body of the deceased can be preserved and used or used only if it can be done in a way that does not endanger the health of another person. To this end, the medical fitness of the patient or the deceased shall be assessed. Medical examinations and procedures shall be carried out to assess the medical condition of the patient or deceased and shall establish procedures to eliminate risks to the health of persons when using a part of the patient or body of the deceased. The medical institution which has taken or created the conditions for the use of the deceased's body shall be responsible for the medical assessment. Before using any part of the patient's body or body of the deceased, it must be demonstrated that the medical fitness of the patient or the deceased has been assessed. The medical file containing the patient's or deceased's health data shall be kept in such a way as to maintain its anonymity and be traceable. If the body parts of the patient or the body of the deceased are intended for use in accordance with paragraph 4 (b) or (c), they shall be treated in accordance with the law governing human tissues and cells 5e).
(7) The record of the submission of the information referred to in paragraph 4, the demonstrable written consent or, where appropriate, the patient's disagreement, or the record of the identification of the demonstrable written consent or, where appropriate, of the deceased or of a close person, shall form part of the patient's or the deceased's medical file. The patient's or deceased's medical file shall also include a record of the use of a part of the patient's body or of the use of the deceased's body. Proof of written consent means:
(a) the submission of the written consent of the patient or deceased or of a person close to the deceased with their officially certified signature;
(b) the submission of the written consent of the patient or person close to the deceased who has been declared in a medical institution signed by the patient, by a witness designated by the patient and by the attending doctor or person close to the deceased and the medical institution referred to in paragraph 6; or
(c) giving consent to a patient in a health care facility in an alert on the detection of demonstrable written consent; the consent thus given shall be signed by the patient, the witness designated by the patient and the attending physician; if the patient is unable to sign or identify a witness in view of his health, he shall confirm his undoubted will by his signature by the attending physician and another non-medical witness; the record shall indicate the manner in which the patient has shown his will and the health reasons preventing the patient's signature or identification of the witness.
(8) Where parts of the patient's body or the body of the deceased are transmitted for use in accordance with paragraph 4 (b) or (c), the donor medical institution shall provide a copy of the demonstrable written consent to the receiving tissue establishment (5e). A copy of the demonstrable written consent to the original shall be endorsed by the transmitting medical establishment.
(9) The use of parts of the patient's body and the use of the body of the deceased cannot give rise to any financial benefit or other benefit to the patient or the deceased in his life or to natural or legal persons after his death; Nor can it be a source of financial benefit or other benefits to health care facilities. This shall not prevent the payment of costs incurred in dealing with the body or body of the deceased, in particular the storage, storage and processing of the body part or body of the deceased.
(10) Where the patient or the deceased has been a minor in his or her life, a person with limited legal capacity or a person deprived of legal capacity in full, his or her legal representative shall act under paragraphs 4, 5 and 7. The legal representative shall also be provided with the information referred to in paragraph 4. If the patient mentioned in the sentence first is able to understand to a sufficient extent the reasons for the use of the removed part of his body, the information referred to in paragraph 4 shall also be provided to him. The patient's explicit consent or disapproval should be respected.
(11) The provisions of paragraphs 4 to 10 shall apply mutatis mutandis to medical purposes when dealing with an abortion and without-packaging, placenta or pregnancy mucosa which have been removed or removed from the body of a woman (hereinafter referred to as "fetal eggs, bedding or pregnant mucous membranes'). An abortion fruit means a fruit which, after complete removal or removal from the mother's body,
(a) it does not show any of the signs of life and its birth weight is less than 1000 g, and if it cannot be ascertained if pregnancy is less than 28 weeks; or
b) shows at least one of the signs of life, has a birth weight of less than 500 g but does not survive 24 hours after birth.
(12) Parts of the human body taken in connection with medical preventive care, parts of the body of the deceased, fetus after abortion, amphibious eggs, bedding or pregnant mucosa which are not used for medical purposes, unless suspected of being a criminal offence or suicide, shall be cremated in the incinerator or in the crematorium (5d) by agreement between the medical establishment and the crematorium operator. The record of the cremation of a part of the human body, foetus after abortion, amniotic egg, bed or pregnant mucosa is entered in the patient's medical file, in the mother's health file for the fetus. According to the first sentence, the same applies where tissues or cells which have not been used under the law governing human tissues and cells are removed or where removal has been ordered under the provisions of this Act 5f; a record of the transfer of tissues and cells to be cremated is included in the documentation of the medical facility which ensured the incineration.
(13) The Ministry of Health may provide for a decree
(a) details of the collection of tissues and blood from the dead body for diagnostic purposes;
(b) details of the use of parts of the patient's body or the body of the deceased for medical purposes;
(c) details of the consent of the deceased or of a close person using the body of the deceased for medical purposes;
(d) closer conditions for assessing the medical fitness of a patient or of the deceased and the extent of their medical examinations for the use of parts of the patient or of the deceased's body for medical purposes.
Other performance
§ 27
Sterilisation may be carried out only with the consent or at the own request of the person to be sterilised, under the conditions laid down by the Ministry of Health.
§ 27a
(1) Castration, stereotactic operations and procedures for transsexuals shall be carried out only at the request of the person to whom they are to be carried out, and after approval by the expert committee composed of a lawyer, at least two doctors specialising in the relevant field and two other doctors not participating in the medical intervention.
(2) Before submitting an application, the person must be duly informed by the physician of the nature of the medical intervention, indicating the risk and any adverse consequences associated with it.
(3) Artificial abortion is governed by a special law.
§ 27b
(1) Verification of new knowledge in a living person by using methods not yet established in clinical practice shall be carried out only with the written consent of the person on which the verification is to be carried out and on the basis of the written consent of the Ministry of Health. 6) Before giving consent, the person must be duly informed of the nature, method of application, duration and purpose of the non-established method and of the hazards associated with it.
(2) The verification of the knowledge referred to in paragraph 1 shall not be carried out on persons in the exercise of security detention, detention or imprisonment, basic military service, replacement service and civil service.
§ 27c
Any medical practice which is not in the immediate interest of the person to whom it is to be carried out may be carried out only with the prior written consent of such person. Before giving consent, the person must be fully informed of the nature of the exercise and its risks.
§ 27d
(1) assisted reproduction means the procedures and methods in which germ cells or embryos are handled, including in storage, for the treatment of infertility of a woman or man. These procedures and methods are:
(a) germ cell collection;
(b) artificial insemination of a woman,
1. fertilization of sperm eggs outside the body of a woman,

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationAct No. 20 / 1966 Coll., on the Care of People's Health
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation30.03.1966
Effective from01.07.1966
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History