Full text of Act No. 86 / 1992 Coll.
People's Health Care Act (full text with effect for the Czech Republic, as shown by later amendments and additions)
Valid
Contents
Článek I
Článek II
Článek III
Článek IV
Článek V
Článek VI
PRVNÍ ČÁST
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
DRUHÁ ČÁST
HLAVA PRVNÍ
§ 8
§ 9
HLAVA DRUHÁ
§ 10
§ 10a
TŘETÍ ČÁST
HLAVA PRVNÍ
Oddíl 1
§ 11
§ 12
Oddíl 2
§ 13
§ 14
Oddíl 3
§ 15
§ 16
Oddíl 4
§ 17
§ 18
§ 18a
§ 18b
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 27a
§ 27b
§ 27c
§ 28
§ 29
§ 30
HLAVA DRUHÁ
Oddíl 1
§ 31
§ 32
§ 33
Oddíl 2
§ 34
§ 35
§ 35a
§ 36
§ 37
§ 38
Oddíl 3
§ 39
§ 40
§ 41
§ 42
HLAVA TŘETÍ
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
HLAVA ČTVRTÁ
Oddíl 1
§ 52
§ 53
§ 54
§ 55
§ 56
Oddíl 2
§ 57
§ 58
§ 59
§ 60
HLAVA PÁTÁ
§ 61
§ 62
§ 63
ČTVRTÁ ČÁST
§ 64
§ 65
§ 66
§ 67
PÁTÁ ČÁST
HLAVA PRVNÍ
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
HLAVA DRUHÁ
§ 77
ŠESTÁ ČÁST
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
Čl. II
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86
PRESIDENT OF THE CZECH NATIONAL COUNCIL
Announces
with effect for the Czech Republic the full text of Act No. 20 / 1966 Coll., on the care of the health of the people, with changes and supplements implemented by the Act of the Czech National Council No. 210 / 1990 Coll., by the Act of the Czech National Council No. 425 / 1990 Coll. and by the Act of the Czech National Council No. 548 / 1991 Coll.
THE LAW
on the care of people's health
The Czech National Council decided on this law:
Main principles of care for people's health
repealed
The care of society about the health of the people must be consistent with the effort of each individual to live healthy and avoid the effects of harmful effects on his or her health. At the same time, every citizen should help to develop the health of its fellow citizens and therefore actively contribute to creating healthy conditions and healthy ways of life and work.
The main assumptions of care for the health of the people include the continuous development of science and technology and the prompt implementation of scientific research results in practice. Science must therefore provide the necessary knowledge in advance and apply it to all areas of the national economy whose activities have an impact on the health of the people.
People's health care focuses primarily on preventive protection and the continuous consolidation and development of people's physical and mental health; special attention shall be paid to the care of the new generation and the protection of workers' health.
repealed
In order to implement these principles of care for the health of the people, the law regulates the creation and protection of healthy conditions and healthy ways of life and work and the provision of health care.
EQUIPMENT AND PROTECTION OF HEALTH CONDITIONS AND HEALTH ELEMENTS OF LIFE AND WORK
(1) All undertakings, cooperatives and other organisations (hereinafter referred to as "organisations") are required to take all necessary measures to create and protect healthy living and working conditions (hereinafter referred to as "healthy living conditions") and are responsible for the fulfilment of these obligations.
(2) The competent authorities are required to constantly lead subordinate organisations to carry out their tasks in the care of healthy living conditions in an unparalleled manner with the tasks of economic and cultural construction, to check how obligations in the sectors managed by them are respected in the protection and development of the health of the people, and to draw economic consequences from the failure to fulfil those obligations.
(3) The performance of the duties of the institutions and organisations in the care of healthy living conditions shall be the responsibility of the managers and officials at all stages of the proceedings, as well as of all other persons in charge of management, organisation and control of work, to the extent of their duties and duties.
(4) Leaders and officials are required to continuously create the preconditions for citizens' health care initiative and to rely on active public participation.
(1) Healthy living conditions are created and protected in particular by care
(a) the state of health of the air, water, soil and other environmental aspects, in particular housing, recreational and spa areas, residential and other buildings, public places and surrounding facilities, as well as passenger transport facilities, physical facilities and facilities providing services to the population;
(b) the healthy nutrition of the population and the satisfaction of the population with healthy objects of normal use;
(c) the healthy development of children and adolescents, in particular as regards the educational environment and the method of education;
(d) the favourable work environment and work on workers' health.
(2) In creating and protecting healthy living conditions, as an important factor, education of citizens is applied to health awareness and to obtaining the right hygiene habits.
Tasks in the care of healthy living conditions must be ensured in particular when:
(a) land-use planning, construction and installation design, construction, reconstruction and commissioning (use), maintenance and repair;
(b) the setting of development and research tasks and the design and implementation of new machinery and other means of work, as well as technological and working procedures;
(c) the introduction, organisation and expansion of production, trade and services and on import;
(d) the management, organisation and control of the work;
(e) the introduction of all forms of individual and collective material interest, in their use and in the development of technical and economic standards and wage regulations;
(f) education and teaching, in particular when drawing up and monitoring plans for the education and teaching of children and adolescents;
(g) the employment of workers, taking into account their physical, mental and professional capacity.
(1) The authorities which are entitled to approve measures for which a binding opinion by the health service authorities is required may not give their consent to such measures without such a positive opinion.
(2) The binding opinion of the health service authorities shall be requested on the following measures:
(a) the proposals for territorial plans of the territories of the territories of the territories and settlements;
(b) the design of type materials and model construction projects;
(c) to introduce the production of new building elements and materials for which technical standards are not issued;
(d) to commit the buildings to operation or use;
(e) the establishment of health protection zones;
(f) to use water resources to supply drinking and productive water and to use ponds for recreational purposes.
(3) To the extent and under the conditions laid down in the implementing rules, a binding opinion of the health service authorities should also be required for other measures which could be caused by health defects which could not later be removed at all or which could only be eliminated at disproportionate costs, in particular:
(a) for the procurement and construction projects;
(b) proposals for technical standards;
(c) to put into service plants;
(d) to start production and import of consumables and articles of common use;
(e) the location and putting into service of recovery and other similar facilities for children and young people and schools in nature;
(f) proposals for types of protective equipment;
(g) designs of types and for the import of machinery and other equipment;
(h) proposals for the introduction of new technological and working procedures.
(4) Other measures, if they are likely to be adversely affected by living conditions, shall be discussed with the sanitary services authorities to the extent provided for in the implementing rules.
(1) When creating and protecting healthy living conditions, all measures must also be taken against the emergence and spread of communicable diseases, including emergency measures in the event of an epidemic.
(2) Emergency measures in the event of an epidemic and in the event of its occurrence are:
(a) the prohibition or restrictions on the production, modification, storage, transport, import, export, sale and other handling of goods and animals to which a communicable disease may be spread or, where appropriate, the order for their destruction;
(b) the prohibition or restriction of contact between certain groups of the population and other populations, in particular restrictions on the travel of the population of certain areas and restrictions on transport between certain areas;
(c) prohibition or restriction of festivities, theatre and film performances, sports and other gatherings and markets;
(d) the closure of children's educational establishments of all kinds, as well as accommodation and catering facilities or restrictions on their operation;
(e) prohibition on the use of wells, springs, water tanks, ponds, streams and rivers, swimming pools, cleansing baths and laundries;
(f) a mass destruction order for harmful animals in the framework of focal disinfection;
(g) an order to alert the objects in which the communicable disease has occurred.
(1) Organisations are required to ensure healthy living conditions in particular:
(a) organise and monitor in their activities compliance with hygiene principles and measures against the occurrence of communicable and other diseases;
(b) take constant care of the conditions of personal hygiene and the healthy development of citizens' mental capacity;
(c) cooperate with the health authorities, healthcare establishments and healthcare professionals, in particular to enable workers in charge of the implementation of health surveillance, the exercise of such supervision and to remedy the deficiencies identified in the implementation of health surveillance within the time limits;
(d) to cooperate in ensuring the proper performance of health care, in particular in the case of dispensary care, in the case of entry, periodic and other preventive examinations and tests and in the case of vaccination;
(e) to proceed with the assignment to work or other activity, or, where appropriate, to transfer to work or other activity, as assessed by the relevant doctors and commissions.
(2) The specific obligations which organisations and authorities have in the provision of first aid and in the construction and maintenance of medical devices are defined in other provisions of this law.
(1) If serious health defects have been created or could have been caused by a breach of the regulations on the creation and protection of healthy living conditions, the district authorities (city authorities, district authorities) shall, pending the repair of the construction or production stop or prohibit the use or operation of the plant, plant or other object. The provisions adopted for the implementation of this Law provide for a further definition of that scope.
(2) Where organisations infringe the rules on the creation and protection of healthy living conditions, they shall be fined by the District Office (City Office, District Office) in accordance with specific rules.
PARTICIPATION OF CITIZENS, PROFESS ORGANISATIONS, PROFESSIONAL AND OTHER CIVIL ASSOCIATIONS IN HEALTH
PARTICIPATION OF CITIZENS
Citizens are actively involved in the provision of care for the health of the people, particularly by:
(a) apply hygiene principles in their activities and cooperate on measures to remedy living conditions;
(b) give incentives to improve care for the health of the people, highlight health defects and discuss measures to develop the health of the people;
(c) participate in health actions; their high civic awareness also shows blood donation.
(1) Citizens are entitled to receive health care under the provisions of this Act, the General Health Insurance Act and the regulations issued for their implementation.
(2) Citizens, with the exception of persons in custody and in prison, are allowed to choose a doctor, a clinical psychologist and a medical institution. The choice does not concern race preventive care under § 18a.
(3) The choice of doctor for soldiers of the basic military service which they perform in the Czech Republic is governed by generally binding regulations.
(4) In the interests of their health and the health of their fellow citizens, everyone shall:
(a) undergo, in cases provided for in general binding provisions, health examinations, examinations and diagnostic tests, vaccination, treatment of communicable diseases or other diseases of particular importance, isolation, quarantine measures, prohibition of employment or other activities, rendering, disinfection and other measures to protect against infection;
(b) submit, in the cases provided for, a medical certificate of infection and communicate the circumstances relevant to the epidemiological investigation; a person suffering from a communicable disease is required to indicate to the doctor, at his request, the source of the disease and the person who may have been infected,
(c) provide or provide the necessary assistance to a person who is at risk of death or shows signs of serious health disorder;
(d) to participate in medical training and training for reasons of general interest.
PARTICIPATION OF PROFESSIONAL ORGANISATIONS, PROFESSIONAL AND OTHER CIVIL ASSOCIATIONS
(1) Competent trade unions
(a) participate in health care checks;
(b) participate in the development of generally binding health legislation;
(c) participate in the selection procedures for the appointment of health managers.
(2) The Czechoslovak Red Cross educates citizens to participate in the performance of health tasks and its components cooperate closely with health institutions.
(3) The tasks relating to the health of the people are performed by civil associations according to the principles agreed with the Ministry of Health of the Czech Republic.
(1) The Ministry of Health of the Czech Republic ("the Ministry of Health") cooperates with professional organisations and professional civil associations, 1)
(a) ensuring the professional competence of their members;
(b) the creation of tariffs relating to the performance of health care, the pricing of medicines and medical devices, prosthetic and medical devices;
(c) the creation of generally binding health legislation;
(d) authorisation to operate non-state health facilities;
(e) selection procedures to fill health management posts.
(2) The organisation of disabled citizens shall participate in the tasks referred to in paragraph 1 (c) through the Government Committee.
HEALTH
HEALTH CAUSE
Provision of health care
(1) Health care is provided by health care establishments of the State, municipalities, natural and legal persons in accordance with current available medical knowledge. The conditions for the provision of health care in healthcare establishments are laid down in specific laws.
(2) Health care is provided
(a) without direct remuneration on the basis of general health insurance to the extent specified by the special legislation2) or on the basis of contractual health insurance;
(b) without direct remuneration from the resources of the General Health Insurance Corporation of the Czech Republic in respect of citizens of the Slovak Republic who do not have permanent residence in the Czech Republic, they are not in the territory of the Czech Republic in a working or similar relationship or self-employed capacity; The General Health Insurance Company of the Czech Republic shall apply a claim for reimbursement to the competent authority of the Slovak Republic,
(c) without direct reimbursement from the resources of the state budget of the Czech Republic, charitable, religious and other legal and natural persons,
(d) for full or partial financial compensation.
(3) For full or partial financial remuneration
(a) health care goes beyond that laid down in specific regulations;
(b) examinations, examinations and other performances carried out in the personal interest of natural persons or of legal persons not pursuing a therapeutic purpose;
(c) medicinal products and medical devices and prosthetic and medical devices in excess of those laid down in a specific regulation, 2)
(d) arrangements in facilities for institutional care, children's homes, nursing homes and nurseries;
(e) sanitary services ordered by natural or legal persons.
(4) Health care for full or partial remuneration and, where applicable, its amount, shall be specified by the Ministry of Health in an agreement with the Ministry of Finance of the Czech Republic by a decree issued after consultation with health insurance companies, the General Health Insurance Agency, representatives of contractual health institutions and professional organisations established by special legislature.3) A medical establishment providing such care shall be required to issue a document to the natural or legal person indicating the care provided and the amount of the financial compensation.
Health care is provided by health care institutions on the basis of cooperation and effective division of work while maintaining the unity of professional care for human health and personal responsibility for the care provided. Only authorised healthcare professionals may carry out investigative and medical procedures in these facilities.
Health education of the population
Health establishments and their health workers have a decisive role to play in the education of the population, which is carried out in close contact with other educational activities.
All health institutions and their healthcare professionals, in close cooperation with their family, school, economic organisations and civil associations, shall perform their tasks in the public health education sector as an integral part of their day-to-day activities.
Activity on the hygiene and fight against communicable diseases
(1) Medical facilities are managed by the authorities and organisations and individual citizens in order to create and protect healthy living conditions, assist them in carrying out their tasks and control their continuous and uniform implementation.
(2) Medical facilities also implement specific protection measures against communicable diseases.
(1) The tasks of the health establishments referred to in Article 15 are performed by their health professionals as an integral part of their day-to-day activities to the extent appropriate to their work.
(2) Specific professional tasks on the development and protection of healthy living conditions and in the fight against communicable diseases are carried out by sanitary services (Sections 34, 71 and 75).
Treatment preventive care
Contents of medical preventive care
(1) Treatment preventive care consists in the care of the protection, recovery and consolidation of the health of individuals and of collectives; is provided to the population in health and illness, maternity and other conditions requiring medical assistance.
(2) Treatment preventive care includes all outpatient and institutional care, including spa care, racing preventive care, pre-hospital emergency care and medical nutrition, provision of medicines, medical and orthopaedic aids and other medical equipment and transport of patients.
(1) Outpatient care, including the visiting service, is provided by practical and other specialist doctors in individual offices and associated outpatient facilities.
(2) If he requires a state of ill care which cannot be provided in an outpatient capacity, he shall be provided with constitutional care, generally in a hospital or in a medical institution.
Racing preventive care
Racing preventive care (4) ensures, in cooperation with the employer, prevention, including protection of workers' health against occupational diseases and other damage to health from work and prevention of accidents.
Rescue services
Emergency services provide professional pre-hospital emergency care. The basic tasks and organisational arrangements of the emergency services facilities and workplaces shall be determined by the Ministry of Health by a decree.
Spa care
(1) Spa care is provided to selected persons whose health requires it. The list of diseases in which spa care can be provided and the duration of treatment period is determined by the Ministry of Health after consulting the Ministry of Labour and Social Affairs of the Czech Republic. Other conditions and ways of providing spa care to workers and their family members will be determined by the Ministry of Health in agreement with the Ministry of Labour and Social Affairs of the Czech Republic.
(2) Spa care is authorised by the competent social security authorities, or other authorities and organisations authorised to do so, on the basis of medical proposals and in cooperation between health care establishments and bodies. Spa care for children under 15 years of age and persons suffering from diseases listed by the Ministry of Health is permitted by health authorities and facilities.
Provision of medicines and medical devices
(1) If the patients have not been provided with the necessary medicines, medical and orthopaedic devices or other medical devices directly in the course of preventive treatment, they shall be given to them by a pharmacy or other equipment designated for that purpose.
(2) Only those medicines included in the pharmacopoeia or authorised for use by the Ministry of Health may be prescribed and issued.
(3) A pharmacopoeia containing provisions on the types and characteristics of medicinal products and certain medical devices and on how they are prepared, stored, tested and delivered shall be issued by the Ministry of Health, which shall at the same time specify which medicinal products and medical devices and in what amounts they must be kept in stock in pharmacies and other medical establishments.
Assessment activities
(1) An integral part of preventive care is the medical assessment activity, the leading task of which is to assess eligibility for work. This activity is carried out by general practitioners according to special regulations issued by the Ministry of Health in agreement with the Ministry of Labour and Social Affairs of the Czech Republic.
(2) For purposes other than those referred to in paragraph 1, assessment activities shall be carried out and certificates issued to the extent specified by the Ministry of Health.
(3) The assessment of eligibility for work for social security purposes shall be governed by specific provisions.
Active public health care
(1) Health care facilities actively take care of the health of the population, in particular by preventing diseases, their early recognition and effective treatment; the use of dispensational methods of work which provide active care primarily for children and adolescents, for women in connection with maternity, for persons who are exposed to particularly adverse effects of the work environment, for persons carrying out activities where there is a risk of spreading communicable diseases and, in turn, for other groups of the population established by the Ministry of Health.
(2) Each person shall be required to submit to preventive examinations, examinations and diagnostic tests, which are not associated with health hazards, in the framework of the dispensary care or general preventive actions carried out under the Health Ministry's guidelines to call on relevant medical facilities.
Lessons and consent of the patient
(1) The doctor is obliged to instruct the sick person, or members of his family, in an appropriate way, about the nature of the disease and the necessary performance in order to become active associates in the provision of preventive care.
(2) Investigative and therapeutic procedures are carried out with the consent of the patient or may be presumed to have such consent. If the patient refuses to provide the necessary care, the treating physician will request a written declaration of this (reverse).
(3) If the immediate execution of an investigative or medical exercise is necessary to save the life or health of the child or of a person deprived of legal capacity and the parent or guardian withdraws consent, the treating physician shall be entitled to decide to carry out the exercise. This provision concerns children who, due to their reasonable maturity, cannot assess the necessity of such exercise.
(4) Without the consent of the patient, it is possible to carry out investigative and curative procedures and, if necessary, take the patient into institutional care,
(a) in the case of diseases provided for in a specific regulation for which compulsory treatment may be imposed;
(b) if a person showing signs of mental illness or intoxication endangers himself or his surroundings; or
(c) if it is not possible to obtain his consent due to the medical condition of the patient and it is urgent to save life or health.
Contents
Článek I
Článek II
Článek III
Článek IV
Článek V
Článek VI
PRVNÍ ČÁST
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
DRUHÁ ČÁST
HLAVA PRVNÍ
§ 8
§ 9
HLAVA DRUHÁ
§ 10
§ 10a
TŘETÍ ČÁST
HLAVA PRVNÍ
Oddíl 1
§ 11
§ 12
Oddíl 2
§ 13
§ 14
Oddíl 3
§ 15
§ 16
Oddíl 4
§ 17
§ 18
§ 18a
§ 18b
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 27a
§ 27b
§ 27c
§ 28
§ 29
§ 30
HLAVA DRUHÁ
Oddíl 1
§ 31
§ 32
§ 33
Oddíl 2
§ 34
§ 35
§ 35a
§ 36
§ 37
§ 38
Oddíl 3
§ 39
§ 40
§ 41
§ 42
HLAVA TŘETÍ
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
HLAVA ČTVRTÁ
Oddíl 1
§ 52
§ 53
§ 54
§ 55
§ 56
Oddíl 2
§ 57
§ 58
§ 59
§ 60
HLAVA PÁTÁ
§ 61
§ 62
§ 63
ČTVRTÁ ČÁST
§ 64
§ 65
§ 66
§ 67
PÁTÁ ČÁST
HLAVA PRVNÍ
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
HLAVA DRUHÁ
§ 77
ŠESTÁ ČÁST
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
Čl. II
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Regulation Information
| Citation | Full text of Act No. 86 / 1992 Coll., Act on the Care of the Health of the People (full text with effect for the Czech Republic as shown by later amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.1992 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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