Act No. 202 / 2017 Coll.
Act amending Act No. 373 / 2011 Coll., on Specific Health Services, as amended, and some other laws
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Law
Effective from 01.11.2017
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202
THE LAW
of 8 June 2017
amending Act No 373 / 2011 Coll., on Specific Health Services, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Specific Health Services
Act No. 373 / 2011 Coll., on Specific Health Services, as amended by Act No. 167 / 2012 Coll., Act No. 47 / 2013 Coll., Act No. 82 / 2015 Coll., Act No. 205 / 2015 Coll., Act No. 264 / 2016 Coll., Act No. 298 / 2016 Coll. and Act No. 65 / 2017 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Council Directive 2013 / 59 / EURATOM of 5 December 2013 laying down basic safety standards for the protection against exposure to ionising radiation and repealing Directives 89 / 618 / Euratom, 90 / 641 / Euratom, 96 / 29 / Euratom, 97 / 43 / Euratom and 2003 / 122 / Euratom. Council Directive 89 / 391 / EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. Directive 2003 / 88 / EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organisation of working time. '
2. In Article 4, the words "or, in the case of artificial insemination as referred to in Article 3 (3) (a) in the field of gyno and obstetrics' shall be added at the end of the text.
3. In Article 7 (2), the words "deprived of legal capacity or a person with limited legal capacity 'are replaced by the words" whose jurisdiction is restricted'.
4. Paragraph 7 (3) reads as follows:
"(3) The anonymous donor must not be a person,
(a) whose competence is limited in such a way that it is not capable of assessing the provision of health services or, where appropriate, the consequences of providing them;
(b) which is located in a police cell, in the exercise of custody, in a prison sentence or in a detention facility or in a asylum facility;
(c) which have been ordered to be isolated, to be quarantined or in the performance of bed protection treatment; or
(d) which is hospitalised without consent. "
5. In Paragraph 8 (1), the sentence "Information on the determination of parenthood to a child under the Civil Code is also included after the first sentence" if the child was conceived by artificial insemination. "
6. In Article 13 (2) of the Introductory Part of the provision, the words "deprived of legal capacity, a patient with limited legal capacity in such a way that he is unable to assess the provision of health services or the consequences of such provision (hereinafter referred to as" a patient deprived of legal capacity ") 'are replaced by the words" whose competence is limited in such a way that he is unable to assess the provision of health services or the consequences of such provision (hereinafter referred to as "a patient with limited professional capacity")'.
7. in Article 13 (2) (a), the words "his legal representative (hereinafter referred to as" the legal representative of the patient ")" shall be replaced by the words "the guardian of a patient with limited capacity (hereinafter referred to as" the patient's guardian ") or the legal representative of a minor (hereinafter referred to as" the legal representative of the patient ")."
8. in Paragraph 13 (2) (c), including footnote 22a,
"(c) the consent of the judical22a).
22a) Act No. 292 / 2013 Coll., on Special Judicial Procedures. '.
9. in Article 13 (3) (a):
"(a) 3 doctors with specialised competence in urology, if it is about sterilisation in men,."
10. in Paragraph 13 (3) (b), the word "specialised" shall be inserted after the word "doctor."
11. in Paragraph 13 (5), the words "may be" shall be replaced by "shall always be."
12. In the first, second and fourth sentences of Paragraph 13 (6), the words "or the patient's guardian" shall be inserted after the words "or the patient's guardian" and in the sentence of the second sentence, the words "or the patient's guardian" shall be inserted after the word "the representative."
13. in Article 13 (7), the words "after the examination of the application" shall be deleted and the words "or the guardian of the patient" shall be added at the end of the text of paragraph 7.
14. in Paragraph 13 (8):
"(8) The application for approval to carry out sterilisation shall be submitted to the court by the provider. The provider shall attach to the application the written consent of the legal representative of the patient or the guardian of the patient, a copy of the record of the submission of the information referred to in paragraph 6 and the opinion of the Panel. If the patient is unable to express his or her opinion in accordance with paragraph 6 in view of his or her reasonable maturity, the provider shall state the reasons for this in the proposal. ';
footnote 4 is deleted.
15. in Article 15 (2), the words "or the guardian of the patient" shall be inserted after the word "patient."
16. in Paragraph 17 (2):
"(2) Castration may be performed on a patient who has completed 21 years of age in whom:
(a) a specialist medical examination has demonstrated a specific paraphile disorder;
(b) a proven specific paraphile disorder has manifested itself by committing a sexually motivated crime; a sexually motivated criminal offence means, for the purposes of this law, a violent sexually motivated crime and a sexual abuse offence;
(c) a professional medical examination has demonstrated a high degree of probability of committing a sexually motivated crime in the future; and
(d) other treatment methods have not been successful or other treatment methods cannot be used for health reasons; the fact that other treatment methods cannot be effectively applied to the patient for medical reasons, the results of expert examinations must be demonstrated. '
17. In Paragraph 17, the following paragraph 3 is inserted after paragraph 2:
"(3) Castration may also be carried out in specially justified cases where the conditions laid down in paragraph 2 (a), (c) and (d) are met, the age of 21 years of the patient and the proven paraphile disorder has a serious negative impact on the quality of life of the patient. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
18. In Paragraph 17 (5) of the Introductory Part of the provision, the words "carried out only in specially justified cases' shall be replaced by the words" carried out only in specially justified cases where the proven parafiscal disturbance has a serious negative impact on the quality of his life '.
19. in Articles 17 (5), 21 (4) and 24 (3) and (4) (c):
"(c) the consent of the court."
20. In Articles 18 (1) (b), 18 (8), 22 (1) (b) and 22 (3) and 22 (8) (b), the words "specialised" shall be inserted after the words "specialised" and the words "with special competence in the field of sexuality" shall be inserted after the words "sexology."
21. In Articles 18 (1) (c) and (e) and 22 (1) (c) and (f), the word "specialised" shall be inserted after the words "doctor."
22. in Paragraph 18 (3):
"(3) The patient's request shall be transmitted without delay by the provider to the Ministry; the application shall be accompanied by:
(a) a favourable opinion with castration processed by the treating physician with specialised competence in the field of sexuality or with special competence in the field of sexuality; Part of the agreed opinion is the diagnosis and description of the treatment to date, including a medical report, which clearly shows that other treatment methods cannot be effectively used to treat the patient for medical reasons, and that, if castration is carried out in accordance with § 17 (3) or (5), an assessment of the severity of the impact of paraphile disorder on the quality of life of the patient,
(b) a medical report demonstrating a high degree of probability that the patient will commit a sexually motivated crime in the future, processed by a doctor with specialised competence in the field of sexuality or with specific competence in the field of sexuality, which is not the treating physician referred to in (a) and by an employee of the provider who transmits the patient's application.
The Ministry may, in order to verify compliance with the conditions for the commission of a criminal offence referred to in Article 17 (2) (b), request a copy of the Register of Penalties; a request for a copy from the Register of Penalties and a copy from the Register of Penalties shall be sent in electronic form in a way that allows remote access. ';
23. In Paragraph 18 (7), the words "may be 'are replaced by the words" is always'.
24. in Paragraph 18 (8) (c), the words "independent medical assessment" are replaced by the words "medical report."
25. in Article 20 and Article 21 (4) in the introductory part of the provision, the words "deprived of legal capacity" shall be replaced by the words "with limited discretion."
26. in Articles 21 (4) (a) and 22 (3) and 22 (8) (a), the words "legal representative" shall be replaced by "guardian."
27. in Article 21, paragraph 5 is deleted;
28. in Paragraph 22 (1) (e):
"(e) a physician with specialised competence in endocrinology and diabetes,"
29. in the first and second sentences of Paragraph 22 (4), the words "legal representative" shall be replaced by "guardian," in the first sentence the words "legal representative" shall be replaced by "guardian," and in the second sentence the words "legal representative" shall be replaced by "guardian."
30. In the first sentence of Paragraph 22 (5), the words "legal representative 'are replaced by the words" guardian' and in the second sentence, the words "deprived of legal capacity 'are replaced by the words" with limited professional capacity'.
31. in Paragraph 22 (7), the words' may be 'shall be replaced by' shall always';
32. in Paragraph 22 (9) (a), the words "the legal representative" shall be replaced by the words "the patient's guardian."
33. In Paragraph 22 (10), the words "legal representative 'are replaced by the words" guardian' and the words "deprived of legal capacity 'are replaced by the words" with limited discretion'.
34. In Paragraph 23 (1), the words "or the guardian of the patient" shall be inserted after the word "patient."
35. in Article 23 (2), the words "and the guardian of the patient" shall be inserted after the word "the patient."
36. In Paragraph 24 (4) of the Introductory Part of the provision, the words "deprived of legal capacity 'are replaced by the words" with limited discretion'.
37. in Article 24 (4) (a), the words "or the guardian of the patient" shall be inserted after the word "patient."
38. in Article 25 (1) (b), (c) and (d), the word "specialised" shall be inserted after the word "doctor."
39. In Article 25 (3), the words "or the guardian of the patient 'shall be inserted after the words" the patient's representative' and the words "the doctor 'shall be inserted after the words" the specialist'.
40. In the first and second sentences of Paragraph 25 (4), the words "or the guardian of the patient 'shall be inserted after the words" or the guardian of the patient'; the words "or the guardian of the patient 'shall be inserted after the words" or the guardian of the patient'; the words "or the guardian of the patient 'shall be inserted after the words" or the guardian of the patient'.
41. in Article 25 (5), the words "or the guardian of the patient" shall be inserted after the words "the patient's representative" and the words "deprived of legal capacity" shall be replaced by the words "with limited discretion."
42. In Paragraph 25 (7), the words "may be 'are replaced by" is always'.
43. In Paragraph 25 (8) (a), the words "or the guardian of the patient" shall be inserted after the words "the patient's representative."
44. in Article 25 (8) (b), the word "specialised" shall be inserted after the word "doctor."
45. in Article 25 (9) (a), the words "the patient or the patient's guardian" shall be inserted after the word "the representative."
46. In Article 25 (10), the words "a patient or a patient's guardian 'shall be inserted after the words" a representative' and the words "deprived of legal capacity 'shall be replaced by" with limited discretion'.
47. In § 26, the words "or the guardian of the patient" shall be inserted after the word "patient."
48. Sections 28 and 29, including footnotes 5 and 6, read:
(1) The genetic examination shall include clinical and genetic laboratory tests; to determine the proportion of variations in the human genome to the development of the disease in the person under investigation or its offspring. The human genome means a summary of hereditary information which has been inherited from the ancestors or newly created by the person under investigation and can be transmitted to future generations. Genetic laboratory testing means laboratory analysis of the structure and function of the human genome or parts thereof, which must be indicated on the basis of its clinical validity and usefulness for the person under investigation or future generations. The performance of a genetic laboratory examination shall be justified in detail in the health file.
(2) Genetic laboratory tests under this law shall not be considered to be carried out
(a) to assess a suitable donor for the recipient of blood, blood components, cells, tissues or organs;
(b) to detect pathogenic organisms occurring in humans,
(c) to analyse parts of the human genome carried out to reduce the false positivity of neonatal laboratory screening;
(d) to assess the effect of genotoxic factors of the environment and the working environment; or
(e) solely for the purpose of identifying the individual.
(3) Genetic laboratory tests may only be carried out by a provider who has the field of medical genetics or clinical genetics or a laboratory of clinical genetics (hereinafter referred to as "the provider of medical genetics") in a laboratory which is its workplace and which, according to the relevant harmonised standard (5), is accredited by an accreditation body under the law governing the assessment of conformity (6).
(4) A provider in the field of medical genetics who does not comply with the condition of an accredited laboratory referred to in paragraph 3 and who intends to carry out genetic laboratory tests in a laboratory which is his workplace shall:
(a) submit an application to, or conclude with, the accreditation agreement with the accreditation body within 60 days of the date of commencement of these examinations; and
(b) notify, not later than 14 days before the commencement of the genetic laboratory tests, the administrative authority which granted the health service provider authorisation under the Health Services Act (hereinafter referred to as "the competent administrative authority") of the date from which it intends to start carrying out the tests.
(5) A provider in the field of medical genetics who does not fulfil the condition of an accredited laboratory referred to in paragraph 3 and who has begun carrying out the genetic laboratory tests referred to in paragraph 4,
(a) may carry out such genetic laboratory tests until accreditation has been granted, or until the date on which the decision to refuse an application for accreditation or an order to terminate the procedure, or until the date on which accreditation or refusal to grant accreditation under a public contract is granted, but not more than 12 calendar months after the date on which such examinations are started;
(b) publish information on the carrying out of genetic laboratory tests in a laboratory which is under the accreditation requirements assessment regime for the purpose of granting accreditation for carrying out such tests in accordance with the relevant harmonised standard (5), on site accessible to patients as well as on its website if it is set up.
(6) A provider in the field of medical genetics which does not fulfil the conditions of an accredited laboratory referred to in paragraph 3 and which has commenced carrying out the genetic laboratory tests referred to in paragraph 4 shall cease to carry out them out if, within the time limit referred to in paragraph 4 (a), he does not submit an application to, or conclude with, the public contract for the granting of accreditation, on the day following the date of expiry of that period.
(7) A provider in the field of medical genetics which does not fulfil the condition of an accredited laboratory referred to in paragraph 3 may also ensure that laboratory tests are carried out in a laboratory which, according to the relevant harmonised standards (5), is accredited by an accreditation body under the law governing the assessment of conformity (6) and which is the workplace of another provider in the field of medical genetics, under contract with that provider.
(8) Where a provider in the field of medical genetics who does not fulfil the condition of an accredited laboratory referred to in paragraph 3 and who has begun carrying out the genetic laboratory tests referred to in paragraph 4,
(a) has not submitted an application or concluded a public contract for the granting of accreditation within the time limit referred to in paragraph 4 (a), it may, in accordance with paragraph 4, reapply at the earliest after 12 calendar months from the day following the expiry date referred to in paragraph 4 (a); or
(b) has not been accredited to carry out these examinations, it may, in accordance with paragraph 4, re-operate not earlier than 12 calendar months from the date of:
1. the acquisition of legal power by decisions rejecting an application for accreditation;
2. the acquisition of legal power by a resolution terminating the application procedure; or
3. Refusal of accreditation under a public contract.
(9) Genetic examinations in the field of health may be offered or carried out only for the purposes of:
(a) health services,
1. pre-implantation diagnostics in assisted reproduction;
2. to diagnose genetically conditioned diseases, congenital defects and genetic changes obtained;
3. to determine the degree of predisposition for disease and congenital defects,
4. to determine the non-symptom transmission of human genome variants causing disease or birth defects,
5. to optimise treatment and monitor its effectiveness; and
(b) biomedical research related to health and disorders.
(10) Genetic laboratory tests may be offered or carried out on the subject only
(a) following the submission of information on its purpose, nature and impact on its health, on the risks of unexpected findings for it and genetically related persons, including the impact of this examination on the health of future generations and the severity of its results for the partner of the subject; and
(b) on the basis of its written consent or the written consent of the legal representative or guardian of the person under investigation.
(11) For the purposes of genetic examinations under this Act, relatives with a medical serious genetic risk shall be considered to be genetically related persons under investigation, namely relatives in a line
(a) direct by grandparents, parents and their children; and
(b) secondary where the level of that risk is determined by the degree of affinity and the type of GM disease.
(12) Where a diagnostic conclusion can be expected from a genetic laboratory according to which a serious medical impact can be expected on the health of the embryo, foetus or person under investigation, including future generations, or on the health of their genetically related persons, the provider shall always recommend genetic advice by a physician with specialised competence in the field of medical genetics before and after the examination. The genetic advice referred to in the first sentence shall be recommended by the provider to the parents of the embryo or foetus, the legal representative or guardian of the person under investigation, the person under investigation and the genetically related persons concerned. If the purpose of the genetic laboratory examination is to analyse somatic changes in the human genome, it is not necessary to conduct genetic advice by a physician with specialised competence in the field of medical genetics.
(1) Biological material taken from the person under investigation in the provision of health services or in connection with an autopsy of the deceased's body may only be used for genetic laboratory testing on the basis of the demonstrable consent expressed by the person under investigation, by his legal representative or guardian or by the deceased in his life or by a person close to the deceased. Without consent, genetic laboratory examination of biological material according to the first sentence
(a) to carry out, if it is necessary to identify or verify without delay, the relevant information on changes in the human genome needed to ensure the protection of the health of genetically related persons and it has not been possible to obtain the consent of the person under investigation, or its legal representative or guardian after appropriate efforts have been made; This examination may only be carried out to the extent necessary to ensure the protection of the health of genetically related persons and provided that the benefit of the examination for such persons cannot be otherwise achieved,
(b) to carry out, for the purposes of teaching, science or research, unless, for biological material or in connection with its use for that purpose, such data can be identified as the subject or deceased.
(2) A person under investigation may not be offered or offered a financial reward or other benefit for undergoing a genetic examination under Paragraph 28 (9) (a). No harm shall be associated with the refusal of a genetic examination, nor shall the person under investigation be subjected to psychological coercion. The results of genetic examinations shall not be made available to third parties without the written consent of the person under investigation. The sale or donation of genetic testing results to third parties without the written consent of the person under investigation, including the written consent of the genetically related person concerned, shall be prohibited. The results of the genetic examination shall not be used for any discrimination against the person under investigation and the genetically related persons.
(3) Genetic laboratory testing of the human embryo or foetus, including the determination of its sex prior to the completion of the twelfth week of pregnancy, must not be carried out for reasons other than those referred to in § 28 (9) (a) (1) to (3) and (5).
5) ČSN EN ISO 15189 Medical laboratories - Quality and competence requirements.
6) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. '
49. In Paragraph 30 (1), the word "germ 'is deleted, the word" patients' is replaced by "persons under investigation 'and the words" amendments' are replaced by "permanent amendments'.
50. in Paragraph 31 (2) (d), the word "quarantine" shall be replaced by "quarantine measure."
51. in Paragraph 31 (3), the words "deprived of legal capacity" shall be replaced by the words "with limited discretion" and the words "or guardian" shall be inserted after the word "representative."
52. In Article 33 (5), the words "deprived of legal capacity 'are replaced by the words" with limited professional capacity' and the words "or the guardian of the patient 'are inserted after the word" patient'.
53. In Paragraph 34 (1) of the Introductory Part of the provision, the words "or the guardian of the patient" shall be inserted after the word "patient."
54. In Article 34 (2), the words "or the guardian of the patient" shall be inserted after the words "or the guardian of the patient" and the words "or the guardian of the patient" shall be inserted after the words "or the guardian of the patient."
55. In Paragraph 35 (i), the words "with medical radiation, for which the exposure is intended to have a direct health benefit for persons undergoing it or which is verified in the framework of biomedical health and disorder research" shall be replaced by the words "medical exposure."
56. In Paragraph 36 (2), the words "with medical radiation 'are replaced by the words" medical exposure'.
57. in Paragraph 36 (3), the words "with medical radiation" shall be replaced by the words "medical exposure."
58. in Article 36 (5) (b), the words "the Regional Authority which has granted the provider authorisation to provide health services (hereinafter referred to as" the competent administrative authority ") and" shall be replaced by the words "the competent administrative authority."
59. In the first sentence of Paragraph 40 (1), the word "verification 'shall be inserted after the word" result' and in the second sentence after the word "results'.
60. In Paragraph 41 (c), the words "or the guardian of the patient" shall be inserted after the word "patient."
61. in Paragraph 41 (d), the words "or to serve" shall be deleted and the words "under Paragraph 53 to 58" shall be replaced by the words "or persons seeking employment."
62. In Paragraph 42 (1) (b), the words'; the extract from the medical file may be requested by the assessor through the person under consideration 'shall be deleted.
63.In Paragraph 42 (1) (c), the word 'services' is deleted.
64.In Paragraph 42 (2):
"(2) A medical opinion shall be issued unless otherwise provided for in this law or other legislation,
(a) the registering provider of the person under assessment; or
(b) a provider in the field of general practical medicine or practical medicine for children and adolescents, unless the person under consideration has a registered provider; This fact shall be recorded in the medical file kept by the medical assessor on the subject; the entry shall be signed by the assessor and the assessor.
The medical assessor shall be a doctor with specialised competence in general medical practice or in practical medicine for children and adolescents, unless otherwise provided for by this law or other legislation. '
65. In Article 42, the following paragraph 3 is added:
"(3) Where the person under assessment does not have a registered provider, paragraph 1 (a) and (c) shall apply when assessing the medical fitness and, where appropriate, the health status of the person under assessment. ';
66. The following Section 42a is inserted after Section 42:
(1) The extract from the medical file referred to in Article 42 (1) (b) may be replaced for the assessment of the health status or medical fitness of the person under assessment for the same purpose by a statement that no change in health status has been detected since the last issue of the medical file extract (hereinafter referred to as the "Unaltered Health Certificate"), provided that:
(a) the extract is requested by the same provider which has previously issued a medical opinion; and
(b) there shall be no change in the state of health or medical fitness of the person under consideration since the medical records previously issued.
(2) The registered provider shall issue an extract or, where appropriate, an unaltered health certificate within a maximum of 10 working days of the date of receipt of the application. The extract or certificate may be used to assess the health or medical fitness of the person under assessment within a maximum period of 90 days from the date of its issue by the registrant.
(3) The extract from the health file referred to in Article 42 (1) (b) or, where appropriate, the certificate of unaltered health, should not be required if, in view of the reasons for the assessment of the health status or medical fitness of the person under consideration or other supporting documents submitted, this is not necessary. The reasons for not requiring an extract from the medical file or, where appropriate, a certificate of unaltered health shall be laid down in the implementing legislation provided for in Article 60.
(4) The extract from the medical file or, where appropriate, the certificate of unaltered medical condition may be requested by the assessor through the person under consideration. "
67.Paragraph 43 (1) reads as follows:
"(1) A medical opinion shall be issued, unless otherwise provided for by this law or other legislation, for the longest time.
(a) within 10 working days of the date of receipt or oral submission of an application pursuant to Article 42 (1);
(b) within 45 working days of the date of receipt or oral submission of an application pursuant to Paragraph 42 (1), if there is a medical opinion on an occupational disease; or
(c) within 45 working days of the date of receipt or oral submission of the application referred to in Article 42 (1), if there is a medical opinion for the purposes of labour law and if it is necessary for the assessor to assess whether the long-term loss of medical fitness to work has been caused by an accident at work or an occupational disease, the purpose of which is not an assessment of medical fitness to work.
The time limits referred to in points (a) to (c) shall not run until the last medical or health assessment material required under Paragraph 42 (1) has been received. The written request referred to in points (a) to (c) or the record of its oral submission shall form part of the medical file kept on the person concerned. The entry shall be signed by the assessor and the person who made the oral request. ';
68. In Paragraph 43 (2), the second sentence is replaced by the following: "If the medical examinations are regularly repeated, the time limits for their implementation laid down in the implementing legislation provided for in § 52 or 60 or other legislation, and the validity of the medical opinion with the medical examination according to the first sentence does not change the health status of the medical assessor leading to the medical assessment with the conclusion of § 44 (4) (a)."
69. In Paragraph 43, the following sentence is added at the beginning of paragraph 3: "The medical assessment shall have the formalities laid down by the legislation governing medical documentaries23) and, according to the purpose of its issue, the formalities laid down by the implementing legislation pursuant to § 52, 60 or 65 or, where appropriate, other legislation. '
Footnote 23 reads:
"23) Decree No. 98 / 2012 Coll., on Health Documentation, as amended. '.
70. In Paragraph 43 (3), at the end of the third sentence, the words "and a lesson on the possibility of waiving the right to review a medical opinion under Paragraph 46 (1) 'shall be added.
71. In Paragraph 43, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) If there is a medical opinion on medical fitness for work, the assessment conclusion that the person under assessment is disabled may be given only in the case of an initial medical examination; in other cases, it shall be concluded that the person under assessment has ceased to have long-term medical capacity to carry out the previous work. The long-term disability of existing work means a stabilised state of health which limits the physical, sensory or mental capacity of a staff member relevant to his or her ability to perform existing work, if that condition lasts for more than 180 days or it can be assumed that this condition will last for more than 180 days, and the performance of such work would seriously jeopardise his or her health. This is without prejudice to the definition of long-term loss of competence to perform the existing service under the Civil Service Act.
(5) Where a medical opinion is issued for the purposes of employment relationships, but not for the purpose of assessing medical fitness for work, but for determining whether the disease is an accident at work or an occupational disease, the assessment conclusion on the long-term loss of medical fitness shall indicate whether the person under assessment may or may not continue to work for an accident at work or an occupational disease. This assessment may already be made in the medical opinion referred to in paragraph 4 if, at the time of its issue, it is clear that the reason for the long-term loss of medical capacity to carry out the previous work is an accident at work or an occupational disease. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 6 to 8.
72.In Paragraph 43 (6), "2" is replaced by "3, 4 or 5."
73.In Paragraph 43 (7), the last sentence is deleted.
74. Paragraph 43 (8) reads as follows:
"(8) Where the medical assessment has not been issued for the reason referred to in paragraph 7, or where the person under assessment has not undergone a medical examination for the purpose of further assessment of medical fitness or medical condition within a specified time limit, without giving a serious reason, it shall be regarded as unfit for the activity for which he was intended to be assessed, or as a person who has ceased to be fit to work in the long term or as a person whose medical condition does not meet the conditions or requirements for which he was assessed. In the case where it is a recurrent medical examination and the person under assessment has not submitted to it, it shall be regarded as a person unfit for health under the first sentence from the date on which the previous medical assessment expires. ';
75. In Paragraph 43, the following paragraph 9 is added:
"(9) Where a medical assessment for the purpose of assessing medical fitness or medical condition has been requested by the authorised person and the person under assessment is regarded as unfit under paragraph 7, or as having ceased to be fit to work in the long term, or as not meeting the conditions or requirements for which it has been assessed, the provider shall inform the authorised person in writing. ';
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Regulation Information
| Citation | Act No. 202 / 2017 Coll., amending Act No. 373 / 2011 Coll., on Specific Health Services, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.2017 |
|---|---|
| Effective from | 01.11.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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