Act No. 81 / 1948 Coll.
Act amending and supplementing the Act of 28 June 1929, No. 114 Coll., on the Enforcement of Medical Practice
Valid
Effective from 28.04.1948
81.
Law
of 7 April 1948
amending and supplementing the Law of 28 June 1929, No 114 Coll., on the Enforcement of the Medical Practice.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Act 114 / 1929 Coll. is amended as follows:
1.
"Save as otherwise provided in this law, he is entitled to carry out medical work in the territory of the Czechoslovak Republic, who
a) is a self-righteous Czechoslovak national citizen,
b) has achieved a degree in doctor of all medicine in certain Czechoslovak universities,
(c) undertake the training prescribed in § 7a; and
(d) has been authorised under Paragraph 8 (1). "
2. The following Section 7a is inserted after Section 7:
(1) Physicians who have achieved the degree of doctor of all medicine after 5 May 1945 may begin or continue the work only after completion of compulsory training under other provisions.
(2) Compulsory training lasts 3 years.
(3) The following shall be counted until compulsory training:
(a) doctors who have already performed the slinging after 5 May 1945, the whole period of the previous slinging,
(b) the entire period of active military service, if the service was performed in the Czechoslovak army at the school of the medical and pharmaceutical officers in reserve, in the medical military service or in the military medical school, if the doctor has acquired general knowledge and skill in both constitutional and non-constitutional procedures during that period,
(c) the full period of service between 1939 and 1945 in the Czechoslovak foreign army or in one of the Allied armies in the school to medical officers and pharmacies in advance or in the health service;
(d) the period of professional activity performed prior to the achievement of the degree of doctor of all medicine, taking place in the territory of the Czechoslovak Republic or in the territory controlled by allies in the institution of a medical or surgical institution for research and training, at least on the eighth course of study at the Faculty of Medicine of a Czech University, during the period from 17 November 1939 to 4 May 1945, and corresponding to the activities of the nature of the medical work, one quarter, but not more than one year; However, if she was performed by a person who had passed a second strict doctoral exam at the Faculty of Medicine until 17 November 1939, one half without any further restriction.
(4) The Ministry of Health shall lay down guidelines which, after hearing the medical chambers, medical faculties and the Central Council of Trade Unions by means of a decree in the Official Journal, the nature of the activity and the principles for determining the place of work at the time of compulsory training, so that the doctor can learn general knowledge and skill in both constitutional and non-constitutional procedures by training. According to these Directives, the places of employment and the manner of activity at the time of compulsory training shall be determined by the national committee (in Slovakia responsible for health), which shall take account of the possibility for doctors to be given adequate pay.
(5) The performance of compulsory training shall not be considered as an interruption of the educational medical activity required for the award of the professional medical degree. ';
3.
"(1) The doctor may initiate the procedure in a self-employed capacity or in a service or other legal capacity, as well as change the place of employment or the way in which the work is carried out, only if authorised to do so, after the time limit referred to in paragraph 5 has expired in vain.
(2) The authorisation referred to in paragraph 1 shall be granted by the Regional National Committee (in Slovakia, by delegation to health) at the request of the Regional Committee. The application shall state the circumstances relevant for the assessment of the case and, if the decision to initiate the procedure is taken, show that the other conditions of this Law are fulfilled for the applicant.
(3) Prior to the decision on the application, local regional national committees, public social insurance holders, medical chambers and trade unions shall be invited to comment on the application within a maximum of 8 days. After the time limit has expired, the application may be decided without further delay.
(4) The authorisation cannot be granted even if the applicant fulfils the other conditions under this Act, if it would be contrary to the public interest of health, in particular to the public interest in implementing a single health care plan (§ 2, paragraph 1 of the Law of 19 March 1947, No 49 Coll., on advisory health care). An authorisation may not be granted even if the applicant is not willing or unable to assume an adequate working obligation in the place concerned against the public health administration or national insurance or any other obligation of public health interest. This provision shall not apply to applicants referred to in paragraph 7 (d). If they refuse authorisation, the Regional National Committee (the Health Officer) shall inform the applicant of another appropriate place of work where it could start.
(5) If the decision does not reach the applicant within one month of the date on which the application was submitted, the authorisation shall be deemed to have been granted.
(6) If the national committee (in Slovakia responsible for health care) finds that the person authorised to carry out the medical practice is no longer satisfied with all the formalities laid down in § § 1 to 7, or that circumstances have arisen for which the authorisation provided for in paragraph 1 has to be denied, the person shall be entitled to continue to perform the procedure.
(7) The authorisation referred to in paragraph 1 shall not require:
(a) doctors who have been authorised to carry out the medical examination provided for in Section 4;
(b) doctors who may carry out slinging according to § 5 or 6,
c) professors of medical faculties of Czechoslovak universities,
(d) official doctors of the provisions of public administration, official doctors of the holders of public social insurance and military doctors of the service; they shall take into account where they are bound by the performance of the service when deciding on a permit for the exercise of out-of-service medical practice.
(8) Surrender of the procedure must be notified in advance to the Regional National Committee (in Slovakia responsible for health care) within 15 days. '
4.
"The institution which is subject to the criminal proceedings referred to in paragraph 1 shall, if the person against whom the criminal proceedings are brought is a member of the medical chamber, notify that Chamber that the proceedings have been initiated and invite it to comment within a maximum period of 30 days. The proceedings may not be closed before the expiry of that period. If the statement of the medical Chamber is not received within the prescribed time limit, the authority shall not be delayed in the further proceedings. The outcome of the criminal proceedings shall be communicated to the national committee (in Slovakia responsible for health) and the relevant chamber. ';
5.
"The execution of a medical practice may be prohibited, for the first time for no longer than 6 months, by a doctor who has been convicted twice for one of the offences referred to in Sections 7a, 8, 10, 12 to 15 or for a similar offence under the laws of criminal or criminal law (Article XL / 1879). The prohibition may be pronounced no later than 4 months after the date on which the finding of a second punishment became legal."
The Decree of 21 December 1940 on temporary restrictions in the exercise of medical practice is hereby repealed.
This Act shall take effect on the day of its publication; It will be carried out by health and education ministers and education in agreement with participating members of the government.
Dr Beneš v. r.
Gottwald v. r.
Dr. Unedible v. r.
Plojhar v. r.
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Regulation Information
| Citation | Act No. 81 / 1948 Coll., amending and supplementing the Act of 28 June 1929, No. 114 Coll., on the Enforcement of Medical Practice |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1948 |
|---|---|
| Effective from | 28.04.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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