Act No. 66 / 2013 Coll.
Act amending Act No. 372 / 2011 Coll., on Health Services and Conditions of Provision (Health Services Act), as amended
Valid
Law
Effective from 14.03.2013
Text versions:
14.03.2013
66
THE LAW
of 19 February 2013
amending Act No. 372 / 2011 Coll., on health services and the conditions for providing them (Health Services Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 372 / 2011 Coll., on health services and the conditions for their provision (Health Services Act), as amended by Act No. 167 / 2012 Coll. and the Constitutional Court's finding published under No. 437 / 2012 Coll., is amended as follows:
Amendment to the Health Services Act
1. in Paragraph 10 (1) (b), the words "provided in the patient's home environment" shall be deleted;
2. Paragraph 31 (5) reads as follows:
"(5) If there is a minor patient or a patient deprived of legal capacity, the right to health information and the right to ask questions shall belong to the legal representative of the patient and the patient, provided that such action is reasonably reasonable and freely advanced. ';
3. In Paragraph 33 (1), "Paragraph 34 (8) 'is replaced by" Paragraph 34 (7)';
4. Paragraph 34 (3) is deleted.
Paragraphs 4 to 8 shall be renumbered paragraphs 3 to 7.
5. Paragraph 35 (1) to (4), including footnote 49, reads:
"(1) When providing health services to a minor patient, it is necessary to establish his or her opinion on the provision of the intended health services if this is appropriate to the rational and free maturity of his or her age. This view must be taken into account as a factor whose severity increases in proportion to the age and degree of rational and free maturity of a minor patient. In order to give consent to the provision of health services to a minor patient, the legislation governing the eligibility of natural persons for legal actions49) shall apply, provided that the implementation of such an act is proportionate to their reasonable and free maturity, appropriate to their age. This is without prejudice to the possibility of providing health services without consent.
(2) The provision of health services on the basis of the consent of a minor patient shall not prevent the nursing worker from providing the legal representative with information on the services provided or the condition of the minor patient.
(3) In the case of health services consisting in the provision of:
(a) urgent care which is not treated in accordance with Paragraph 38 (4); or
(b) acute care; and
the consent of the legal representative cannot be obtained without undue delay, and shall be decided by the treating health care professional. This shall not apply if health services may be provided under paragraph 1 on the basis of the consent of a minor patient.
(4) Where a patient is deprived of legal capacity, paragraphs 1 to 3 shall apply mutatis mutandis, with the absence of regard to the age of the patient.
49) Civil Code. Act No. 94 / 1963 Coll., on Family, as amended. '
6. In Paragraph 38 (1), the introductory part of the provision reads: "The patient may be hospitalised without consent if '.
7. Paragraph 38 (4) and (5) reads as follows:
"(4) A non-elderly or non-legal patient may be granted immediate care without consent if:
(a) the cases referred to in paragraph 3 (b); or
(b) health services necessary to save life or prevent serious harm to health.
(5) A non-elderly or non-legal patient may receive urgent care without the consent of the legal representative if he is suspected of being abused, abused or neglected. ';
8. In Paragraph 38 (7), the words "a patient or a legal representative of a minor or a patient deprived of legal capacity (hereinafter referred to as the" legal representative of a patient ") 'are deleted.
9. In Article 40 (1) (b), the words "under Article 39 (1) (b) to (g) 'are inserted after the words" free movement'.
10.Paragraph 40 (2) reads as follows:
"(2) The hospitalisation and additional patient restraint shall not be notified to the court if the consent has been declared retrospectively within 24 hours."
11. in Article 42 (b), the words "Paragraph 35 (1)" shall be replaced by the words "if health services are provided with the consent of the legal representative."
12. Paragraph 46 (2), including footnotes 27 and 28, reads:
"(2) The provider is also obliged to ensure that persons preparing for the exercise of the medical profession perform, in clinical and practical training, practical training and professional experience in his or her workplace, only activities, including health performance, which are part of the teaching or practice, under the direct management of a healthcare professional who is competent for the independent exercise of the medical profession and is in a legal or similar relationship to that provider. Where clinical and practical instruction or practical training and professional experience are carried out in the presence of a healthcare professional who is not in a legal or similar relationship with the provider mentioned in the first sentence and who is:
(a) a teacher of practical teaching and vocational practice in the healthcare disciplines27); or
(b) by an academic officer who is a healthprofessional education28),
the provider is obliged to ensure that the health worker does not provide health services at his place of work and does business with the health worker mentioned in the first sentence.
27) Act No. 563 / 2004 Coll., on pedagogic workers and on the amendment of certain laws, as amended.
28) Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended. '
13. in Article 53 (2), point (f) is deleted;
Points (g) and (h) shall be renumbered as points (f) and (g).
14. in Paragraph 81 (4):
"(4) Consent is not required if:
(a) the use of biological material for the purposes of teaching, science or research taken from a patient in the provision of health care or in connection with an autopsy of the deceased's body, unless, in the case of biological material, or in connection with its use in teaching, science or research, such data can be identified by the patient or the deceased; Where the use of biological material for teaching, science or research in the field of genetics is concerned, it shall be subject to another legislation governing specific health services,
(b) training of life saving health performance of coniotomy or puncture of tension pneumothorax, which may only be carried out in the context of pathological-anatomical autopsies or medical autopsies, and provided that the purpose of such autopsies is not undermined, in particular where the cause of death is suspected to be a criminal offence or a suicide. "
15. in Article 124 (1), the words "within 12 months of the date of entry into force of this Act" shall be replaced by the words "until 31 December 2013."
16. In Article 129, the words "except for Article 53 (2) (f), which shall take effect on the first day of the 16th calendar month following its publication 'are deleted.
Transitional provisions
1. The proceedings for the establishment of a guardian on the basis of a notification pursuant to Article 35 (3) of the Health Services Act, as effective before the date of entry into force of the Act, shall be terminated by the court.
2. If, on the basis of the notification provided for in Article 35 (3) of the Health Services Act, a guardian has been established as effective before the date of entry into force of the Act, who, on the date of entry into force of that Act, has failed to fulfil the purpose defined in Article 35 (3) (a) or (b) of the Health Services Act, as effective before the date of entry into force of that Act, the provisions of Article 35 of the Health Services Act shall be followed as effective from the date of entry into force of that Act.
3. The performance of clinical and practical teaching and practical teaching and professional practice under Section 46 (2) of the Health Services Act, as effective from the date of entry into force of this Act, shall be ensured by the provider no later than 12 months after the date of entry into force of this Act.
Efficacy
This Act shall take effect on the day of its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 66 / 2013 Coll., amending Act No. 372 / 2011 Coll., on Health Services and the Conditions for Their Provision (Health Services Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.2013 |
|---|---|
| Effective from | 14.03.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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