Decree No. 426 / 2009 Coll.
Decree amending Decree of the Ministry of Health No. 221 / 1995 Coll., on expert committees, as amended by Decree No. 105 / 2002 Coll.
Valid
Order
Effective from 01.01.2010
426
DECLARATION
of 19 November 2009
amending Decree No. 221 / 1995 of the Ministry of Health Coll., on expert committees, as amended by Decree No. 105 / 2002 Coll.
The Ministry of Health provides pursuant to § 77 (6) of Act No. 20 / 1966 Coll., on the Care of People, as amended by Act No. 548 / 1991 Coll. and Act No. 132 / 2000 Coll.:
Decree No. 221 / 1995 Coll., on expert committees, as amended by Decree No. 105 / 2002 Coll., is amended as follows:
1. Paragraph 3 (2) to (4), including footnotes 3 to 5, states:
"(2) The members of the Central Commission of Experts and the Regional Commission of Experts (hereinafter referred to as" the Commission ") are:
(a) a physician, dental practitioner or pharmacist intended for:
1. The Ministry of Health as regards the Central Expert Committee,
2. the Regional Office as regards the Regional Expert Committee,
(b) depending on the nature of the case in question,
1. at least 2 doctors with specialised competence in the field (3) covered by the case, or other doctors with specialised competence in the fields of relatives,
2. at least 2 dentists or at least 2 dentists with specialised competence in the fields covered by the case; or
3. at least 2 pharmacists or at least 2 pharmacists with specialised competence in the fields covered by the case;
(c) a doctor with specialised competence in the field of judicial medicine or pathology, if it is to investigate the circumstances of death in relation to the medical care provided;
(d) a representative proposed by the relevant professional organisation established by law (4).
(3) If the nature of the case so requires, another member of the Commission shall be a health professional who is eligible for the medical profession without professional supervision after obtaining professional or specialised competence (5) in the field covered by the case.
(4) The Commission will invite
(a) a lawyer with experience in the field of health, and, if necessary, another specialist (5);
(b) an expert in technical equipment where technical equipment has been used in the course of health care and where it is suspected that there is a causal link between the case and the use of technical equipment.
3) Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence for the exercise of the medical profession of physician, dental practitioner and pharmacist, as amended.
4) Act ČNR No. 220 / 1991 Coll., on the Czech Medical Chamber, Czech Dental Chamber and Czech Pharmacy Chamber, as amended.
5) Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of healthcare and amending certain related laws (Act on non-medical medical professions), as amended. '
2. In Article 3, the following paragraph 5 is inserted after paragraph 4:
"(5) The hearing of the committee is private. If necessary for the assessment of the present case, the Commission may invite information
(a) the person who made the application for a case assessment; if that person requests information, the commission shall always invite it,
(b) a healthcare professional,
1. against which the application for assessment of the case is directed or which has provided health care which is in doubt in the proposal;
2. which is the head of the medical institution in which the case took place. ';
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
3. In Article 3 (6), the words "(a) and (b) 'are deleted.
4. Paragraph 4 (1) to (5), including footnote 8a, reads as follows:
"(1) The activities of the Panel and its conduct shall be managed by the Chairperson, who shall be the physician, dental practitioner or pharmacist referred to in § 3 (2) (a) (1) of the Panel and the physician, dentist or pharmacist referred to in § 3 (2) (a) (2) of the Panel. The Chairman of the Commission shall appoint a rapporteur from among the members of the Panel who shall draw up the report. The report shall contain a summary of the essential data from the medical file, a description of the healthcare provided and a conclusion as to whether the proper procedure for providing health care has been followed in the present case. If the correct procedure has not been followed, data on malpractice are included in the description of the healthcare provided. If there has been injury to or damage to health as a result of death, the expert rapporteur shall comment on whether there is a causal link between failure to comply with the procedure and injury or death.
(2) The Commission will discuss the case with the participation of at least half of its members, one of which must always be a health care worker as referred to in Article 3 (2) (b), and with the participation of invited persons as referred to in Article 3 (4). If a member of the Commission is unable to attend the hearing, the conclusion of his written observations shall be based on paragraph 5.
(3) The President of the Commission shall always request written observations from the medical institution in which the case under examination took place. If necessary to clarify the case, it shall also request written observations from the person on whose initiative the commission was set up or from whom the case relates.
(4) In particular, the basis for the Commission's work is the data from the medical documents8a) concerning the case and written observations, including a proposal for a case assessment.
(5) The members of the Commission will be familiar with the case in advance, examine the data and supporting documents submitted. No later than the day of the meeting, each member of the Commission shall submit a written statement to the President of the Commission concluding, on the basis of current medical knowledge, whether the proper procedure has been followed in this case in the course of health care. If there has been injury to or harm to health resulting from death, the members of the Commission shall state whether there is a causal link between failure to comply with the procedure and injury or death.
8a) § 67b (10) (h) of Act No. 20 / 1966 Coll., as amended by Act No. 260 / 2001 Coll. and Act No. 320 / 2002 Coll. '
5. In Article 4, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) At the hearing, the Commission shall, on the basis of the same statement by a majority of all members, conclude whether or not the proper procedure has been followed in the present case. If injury to or injury to health resulting from death has occurred, the Commission shall conclude whether or not a causal link is established between malpractice and injury or injury to health and death.
(7) Where it is not possible to reach a conclusion in accordance with paragraph 6 on the basis of the supporting documents and information provided by the Commission, the proceedings of the Commission shall be adjourned until further supporting documents and information have been received and made acquainted with them. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 8 and 9.
6. In Article 4 (8), in the introductory part of the provision, the words "The proceedings of the Commission 'shall be replaced by the words" Following a panel hearing'.
7. In Article 4 (8) (b) (1), the words "health services' are replaced by the words" healthcare '.
8. In Paragraph 4 (9), "a 'is replaced by" which it shall transmit'.
9. In Article 5 (1), the words "(Article 4 (6)) 'are deleted.
Transitional provision
If a Commission has been established for the assessment of the case pursuant to § 3 (6) of Decree No. 221 / 1995 Coll., as effective before the date of entry into force of the Order, the assessment shall be completed in accordance with Decree No. 221 / 1995 Coll., as effective before the date of entry into force of the Order.
Efficacy
This Decree shall take effect on 1 January 2010.
Minister:
Juraskova v. r.
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Regulation Information
| Citation | Decree No. 426 / 2009 Coll., amending Decree No. 221 / 1995 Coll., on expert committees, as amended by Decree No. 105 / 2002 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.12.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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