Act No. 248 / 1948 Coll.
Law on district midwives and on the regulation of permissions to perform subsidiary practice of obstetrics
Valid
Effective from 17.11.1948
248.
Law
of 25 October 1948
on district midwives and on the modification of the authorisation to carry out subsidiary practice of obstetrics.
The National Assembly of the Czechoslovak Republic decided on the following Act:
County midwives.
For national health institutions established under the Act of 19 March 1947, No 49 Coll., on advisory health care, one district midwife shall be appointed for each maternity district (§ 4, par. 1).
Only a midwife may be appointed by the district midwife who
1. is a Czechoslovak citizen,
2. Is impeccable,
3. according to the report of the official physician, is physically and mentally healthy,
4. has obtained a diploma [§ 2 (1) (d) of the Law of 9 November 1928, No. 200 Coll., on the auxiliary practice of obstetrics, as well as on the education and training of midwives (midwives)] on the basis of at least two years of training; and
5 is not older than 45 years.
(1) The district midwife is required in the maternity district (§ 4 (1)) for which it is established:
1. provide the tasks of advisory health care (§ 1, paragraph 2 of Act No. 49 / 1947 Coll.) for pregnant women, parents, six Sundays, newborn and infants, and
2. provide birth aid (§ 1 of Act No. 200 / 1928 Coll.).
(2) Childbirth aid as referred to in paragraph 1, No 2 shall be granted free of charge to parents who are not entitled to childbirth treatment under national insurance rules, provided that such parents themselves or the persons required under the law cannot bear the cost of such treatment without significant economic damage to themselves and their family. Whether a parent who is not entitled to childbirth treatment under the national insurance rules is entitled to free birth aid under the previous sentence shall be decided by the District National Committee on the basis of an investigation carried out under the guidelines issued by the Ministry of Health in agreement with the Ministry of Finance and Social Welfare by a decree in the Official Journal.
(3) Sections 196 and 197 of the Act of 15 April 1948, No 99 Coll., on National Insurance, and Sections 35, 3 and 36 of the Act of 7 October 1948, No 236 Coll., on Military Disability Care, apply mutatis mutandis to district midwives.
(4) Staff instructions for district midwives shall be issued by the Ministry of Health by a decree in the Official Journal.
(1) According to the directives issued by the Ministry of Health in agreement with the Ministry of Finance and Social Welfare, the Regional National Committee will, after hearing the District National Committees, designate the obstetrics, include them in four pay types and determine the seat of district midwives.
(2) The list of obstetrics in which their circuits are listed shall be included in the salary types, the head office of the midwives, as well as the communication of changes thereto, shall be sent by the Regional National Committee to the Ministry of Health, which shall publish them in the Official Journal.
(1) As a general rule, the posts of district midwives shall be filled by public procurement.
(2) The service ratio of district midwives is contractual. The rights and obligations arising from this ratio shall be governed by a contract of service negotiated by the Regional National Committee in writing with the midwife in accordance with the model issued by the Ministry of Health in agreement with the Ministry of Interior and Finance.
(3) The contractual salaries of district midwives for each type of obstetrics (Section 4, paragraph 1) are determined by the Ministry of Health in agreement with the Ministry of Finance and Social Welfare by a decree in the Official Journal.
(4) The amounts of flat-rate compensation for service expenses for each type of obstetrics (§ 4 (1)) are determined by the Ministry of Health in agreement with the Ministry of Finance by a decree in the Official Journal.
(1) The local national committee of the municipality, which is designated as the seat of the district midwife, is obliged to provide it, at its request, with a health-proof load and with regard to transport, with at least two living rooms with accessories. In the municipalities where the Law of 28 April 1948, No. 138 Coll., on Housing Management, is in force, the local national committee shall order the district midwife for the apartment to comply with the provisions of the previous sentence as a tenant pursuant to § 4 of that Act in the priority order.
(2) If the district midwife so requests because of a lack of other means of transport or where immediate assistance is needed for childbirth, the local national committee of its registered office shall order any vehicle owner to transport it to the place where the midwife is to be provided for compensation to be provided by the district national committee.
(3) The detailed provisions for implementing the provisions of paragraphs 1 and 2 shall be issued by the Ministry of Health in agreement with the central authorities involved by a decree in the Official Journal.
Municipality in the district of the obstetrics, for which a district midwife is appointed, is not obliged to appoint midwives and pay them the remuneration for childbirth aid to poor parents, nor to provide them with free disinfectant for the delivery of poor women (Sections 15 and 17, No 4 of the Act of 13 July 1922, No 236 of the Coll., supplementing and partly activating the provisions of the Law of 15 April 1920, No 332 of the Coll., which takes over the performance of the disabled).
About adjusting the permissions to perform midwifery practice.
Paragraph 5 of Act No. 200 / 1928 Coll. is amended and read:
"(1) The midwife is obliged to report in writing the intended initiation of the practice to the local competent national committee and to submit the required ID (§ 2).
(2) If the midwife of the prescribed passes is not sufficient, if the certificates have not been declared within three years of the diploma or after the successful completion of the refresher course, the district national committee shall refuse to grant the authorisation to perform the subsidiary practice of the obstetrician. Otherwise, he shall immediately report on the intended initiation of the practice to the Ministry of Health with his proposal.
(3) The Ministry of Health shall prohibit the performance of an auxiliary practice of obstetrics, if the performance of that practice at the declared place would be contrary to the public health administration's interest in the effective deployment of midwives, or if the rapporteur is not willing or unable to assume, at the declared place, an adequate working obligation towards the public health administration or national insurance or military health administration, by an option which will be delivered to the midwife and, in copies, to the district national committee. Otherwise, he'll take note of the announcement by definition. If the Ministry of Health prohibits the performance of an auxiliary practice of obstetrics, it shall inform the announcer of another appropriate place of employment where it could initiate the practice.
(4) Until the notification has been acknowledged, the midwife shall not be allowed to perform a midwifery practice. However, if the midwife has not received an assessment within 1 month of the date on which the declaration was submitted, the notification shall be deemed to have been taken into account.
(5) The midwife is required to report at least 4 weeks in advance the intended change of seat to the county national committees responsible locally according to the current and next premises. The provisions of paragraphs 2, second sentence and 3 and 4 shall apply mutatis mutandis to the procedure for such notification. The midwife shall also report to the district national committee at least 4 weeks in advance that she has given up her practice; The district national committee shall report to the Ministry of Health immediately.
(6) If the Ministry of Health finds that the person whose notification has been taken into account has been subject to the circumstances referred to in paragraph 3, the first sentence shall declare the person's entitlement to continue to practice.
(7) Failure to comply with the reporting obligation referred to in paragraphs 1 and 5 and the misconduct of the practice shall be punishable in accordance with Paragraph 10.
(8) Sections 196 and 197 of the Act of 15 April 1948, No 99 Coll., on National Insurance, and Sections 35, 3 and 36 of the Act of 7 October 1948, No 236 Coll., on Military Disability Care, apply mutatis mutandis to midwives.
(9) Detailed provisions for the implementation of paragraphs 1 to 6 shall be issued by the Ministry of Health, after hearing the Regional National Committees, by a decree in the Official Journal. ';
Transitional and final provisions.
(1) In the first five years of application of this Act, the Ministry of Health may, in circumstances of special concern, waive the conditions set out in Sections 2, 4 and 5.
(2) The condition of two years of training referred to in Section 2, No 4, may be waived only by a midwife who:
(a) demonstrate that it has operated a child support practice for at least 3 years and has proved its worth;
(b) undertake in writing to participate, at the call of the Regional National Committee, in supplementary training for district midwives and to undergo a final examination.
(3) The Directive on the supplementary training of district midwives (paragraph 2 (b)) will be issued by the Ministry of Health by a decree in the Official Journal.
Until such time as the authorities of the Regional National Committees have begun, their powers under this law shall be exercised by the Regional National Committees, in Slovakia, by the authority of the Health Service.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister for Health in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Plojhar v. r.
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Regulation Information
| Citation | Act No. 248 / 1948 Coll., on district midwives and on the modification of the authorisation to perform auxiliary practice of obstetrics |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.11.1948 |
|---|---|
| Effective from | 17.11.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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