372/2011 Coll.
LAW
Dated 6 November 2011
On health services and terms
(Health Services Act)
Change: 167/2012 Coll.
Change: 437/2012 Coll.
Change: 66/2013 Coll.
Change: 303/2013 Coll.
Change: 60/2014 Coll.
Change: 205/2015 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
GENERAL PROVISIONS
§ 1
This law regulates health services and conditions of their provision as
the combined power of government, types and forms of health care, rights and responsibilities
patients and persons close to patients, providers
health services, health workers ^ 1) ^ 2) other professional workers
^ 2) and other persons in connection with the provision of health services
conditions evaluate the quality and safety of health services, other
activities related to the provision of health services and implements | || relevant European Union regulations ^ 3).
§ 2
(1) The provider of health services means any natural or legal person
who is authorized to provide health services under this Act
.
(2) health services mean
A) providing healthcare under this Act, healthcare professionals
^ 1) ^ 2), and activities performed by other professional staff
^ 2), if those activities are carried out in direct relation || | providing health care,
B) consulting services, whose purpose is to assess the individual
medical procedure, or proposing his changes or additions, and other consultation
decision supporting the patient regarding the provision of medical services performed
other provider of health services || | (hereinafter "provider") or a medical professional, whom
patient choice
C) the management body of the deceased to the extent provided by this Act, including
transporting the body to the deceased's pathological-anatomical dissection or
medical autopsy and pathological-anatomical dissection or from a medical provider
autopsy conducted by the Act on Funeral ^ 4)
D) Emergency Medical Services ^ 5)
E) medical transport service, whose purpose is
First transport of patients between providers or suppliers and
back into their natural environment, if it is necessary to ensure
provision of health services,
Second rapid transportation of medical personnel to ensure the urgent
care provider,
Third transportation of persons, including the deceased patient associated with the implementation
transplantation, urgent transportation of the tissues and cells intended for use in humans
, transport medicines, blood and its components and
medical resources necessary for providing emergency care or
Transportation other biological material,
F) patient transport emergency care, which means their transport
between providers solely under conditions of systematic
emergency care during transportation
G) health services in the scope of activities of samplers or tissue
device under other legislation
procedures for ensuring the quality and safety of human organs, tissues and cells ^ 6)
H) health services in the scope of activities of the transfusion service or blood bank
the act regulating the production of blood
products, their storage and dispensing ^ 7).
(3) health services also means the specific health services
under the Act on Specific Health Services, Health Services
under the law regulating transplants or artificial
law regulating abortion ^ 8).
(4) Health care means
A) a set of activities and measures undertaken by individuals for the purpose
First prevention, detection and elimination of the disease, defect or disability
state (hereinafter referred to as "disease")
Second maintaining, restoring or improving the health and functional status,
Third sustain and prolong life and alleviate suffering
Fourth assist in reproduction and birth
Fifth health assessment,
B) preventive, diagnostic, therapeutic, medical rehabilitation,
nursing or other medical procedures performed by health professionals
(hereinafter referred to as "medical procedure") for the purpose referred to in subparagraph a).
§ 3
(1) Patient means a natural person, which are provided
health services.
(2) The treating medical professional
means a medical worker who proposes, coordinates, and evaluates
provides individual therapeutic approach for a particular patient and coordinates
providing other necessary health services.
(3) Individual therapy as a means
provision of health services, including individual medical procedures in a logical and temporal sequence
specific patient, including possible variations and
methods. Part of individual therapeutic approach is particularly
diagnostic assessment, design treatments, including medical care and rehabilitation
recommendations for further progress in the provision of health services.
Part of individual medical procedure is the treatment regimen, which means
set of measures to support the treatment and minimize its possible
risks, including recommendations for lifestyle adjustments.
(4) hospitalization means time is usually longer than 24 hours, after which the patient
taken on a bed in a medical facility
provider of inpatient care provided in inpatient care.
(5) authorizing provider means a provider of ambulatory care
in the field of general practice, in practical medicine for children and adolescents
in the field of dentistry or in gynecology and obstetrics
who accepted patient care in order to provide
outpatient primary care; registering a provider is obliged
patient's admission to care fill out a registration sheet which patient
signs. In the event that the provider mentioned in the first sentence
provides health services to more doctors, the patient is registered to a specific
doctors.
§ 4
(1) health facilities means facilities designed to provide
health services.
(2) Guest service means the provision of health care in their own
social environment of the patient, especially in cases where the patient
with regard to their health status can not come to a health care provider and facility
provision of medical care in this manner is
depending on the nature possible.
(3) own social environment of the patient for the purposes of this Act
means domestic environment of the patient or substitute domestic environment
patient environment, such as a social service ^ 9)
facility for children needing immediate assistance school facilities for institutional
or protective upbringing or education facilities for
preventive and educational care or other similar devices
prison for the execution of detention and imprisonment, the Constitution for the exercise
security detention detention facilities for foreigners ^ 10) and asylum
device ^ 11).
(4) The health care industry for the purposes of this Act
A) dentistry, pharmacy, specialized training courses or courses certified courses
doctors, dentists or pharmacists
according to another legal regulation 1)
B) expertise paramedical staff or branches
specialized education or courses certified courses
paramedical staff under another legal provision
^ 2).
(5) Due professional level means the provision of health services
according to the rules of science and accepted medical practices, while respecting the individuality
patient with regard to the specific conditions and objective
options.
PART TWO
HEALTH SERVICES AND HEALTH CARE
TITLE
I
TYPES AND FORMS OF HEALTHCARE
§ 5
Types of health care
(1) Types of medical care according to the urgency of providing the
A) emergency care, designed to prevent or reduce the development of sudden
states that immediately life-threatening or could lead to sudden
death or serious threats to health or cause a sudden and intense pain or
sudden changes in patient behavior that threatens
himself or his surroundings,
B) acute care, whose purpose is to prevent a serious deterioration of health condition or
reduce the risk of serious deterioration of health in order to detect early
facts necessary to establish or change
individual medical procedure or to patient received into a state,
Which would endanger themselves or their surroundings
C) the necessary care they medically require medical condition
patient who is foreign assured, given the nature
benefits and the length of stay in the Czech Republic; in the case of foreign
insured in a Member State of the European Union, European Economic Area or
Swiss Confederation must be
healthcare is provided to the extent that foreign insured did not have to travel to the country
insurance earlier than originally intended ,
D) planned care, not health care referred to in subparagraphs a)
b) or c)
.
(2) Types of healthcare in order to do so are
A) preventive care, whose purpose is timely search of factors that
are causally related to disease onset or worsening
health, and implement measures aimed at eliminating or
minimize the impact of these factors and prevention their origin,
B) diagnostic care, whose purpose is to determine the health status of the patient
and circumstances that affect health status of the patient influence
information necessary to identify the disease, and the severity of her condition,
other information needed to diagnosis, individual
treatment procedure and information about the treatment effect,
C) dispensary care, the purpose of which is active and long-term monitoring
patient's health at risk or suffering from a disease or medical condition
deterioration, where possible by the development of the disease
reasonably assume a change in health condition, whose
early detection can significantly influence the further development and treatment of disease,
D) medical care, the purpose of which is the positive influence on the health status
based on the realization of individual medical treatment to cure
or mitigate the effects of the disease and prevent disability or
of dependence or reducing their scope | ||
E) Assessment of care, whose purpose is to determine whether
First not stabilized the patient's condition negatively affected
demands that it puts work performance, service, profession or other
activities in specific conditions, or
Second the patient's condition is in line with expectations or demands
set for the execution of work, service, profession or other activities
for other purposes
F) medical rehabilitation care, the purpose of which is the maximum possible
restore physical, cognitive, speech, sensory and mental functions
patient by eliminating the malfunctions or
substituting certain functions of the body, possibly slowing or
arrest the disease and stabilize his state of health; in case
are used in the provision of natural healing or
climatic conditions are favorable for treatment under the law of the spa ^ 12) goes
a spa treatment rehabilitation care
G) nursing care, whose purpose is to maintain, support and restoration
health and satisfaction of biological, psychological and social needs
changed or arising in connection with impaired health status
individuals or groups or in connection with pregnancy and childbirth, and
further development, conservation and restoration of self reliance; part of it is
care for the terminally ill, alleviate their sufferings and ensure
peaceful and dignified natural death,
H) palliative care, whose purpose is to alleviate suffering and preserve
quality of life of patients suffering from incurable diseases
I) pharmaceutical care and care klinickofarmaceutická (hereinafter "
pharmacy care"), whose purpose is to provide, preparation, treatment, storage,
control and dispensing of medicines, with the exception of transfusion products and raw materials for || | production of blood derivatives in accordance with the Law on Pharmaceuticals
laboratory chemicals, reagents, disinfectants, and ensuring
storage, distribution and sale of medical devices in accordance with the law on medical devices
^ 13), securing, storing,
dispensing and sale of foods for special medical purposes; under this care is further
provided with advice, counseling and other services in the area
prevention and early detection of diseases, health promotion and
assessing and monitoring the efficient, safe and efficient use
medicines and procedures associated with it.
(3) The implementing regulations shall specify a) the types, content and intervals of preventive examinations
, groups of people who are different kinds
preventive examinations provided and circuits providers who
preventive examinations carried out, b) diseases, which are provided
dispensary care, the time between inspections conducted and circuits
providers conducting follow-up care.
§ 6
Forms health care
Forms of health care are outpatient care, day care, inpatient
care and health care provided in their own social environment
patient.
§ 7
Outpatient care
(1) Ambulatory care is health care, where the
require hospitalization of the patient or the patient's admission to a bed in a medical facility
day care provider.
(2) Outpatient care is provided as
A) outpatient primary care, whose purpose is the provision of preventive, diagnostic
, medical care and expert opinion and consultation, as well as coordination and
continuity of health services provided by other providers;
that provides medical care to a patient registering provider
B) specialized outpatient care, which is provided within
various fields of health care under § 4 para. 4
C) in-patient care, whose purpose is to provide health care
patients whose medical condition requires repeated daily
providing outpatient care.
(3) As part of primary health care provided by registrants
providers in the field of general practice and practical
medicine for children and adolescents is always visiting service.
§ 8
Day care
Day care is health care, in which provision is required
patient stay in bed for less than 24 hours, and with regard to the nature and length
provided medical procedures. In providing
dunking must ensure continuous availability of acute care inpatient
intense.
§ 9
Inpatient care
(1) Inpatient care is health care that can not provide outpatient
and its provision is required hospitalization.
Inpatient care must be provided within the framework of continuous operation.
(2) inpatient care is
A) intense acute inpatient care that is provided to the patient in
cases of sudden failure or sudden threat
basic life functions or in cases where such status can be reasonably assumed
B) acute inpatient care standard that is provided to the patient
First a sudden illness or sudden deterioration of chronic diseases that
seriously endanger his health, but do not lead directly to the failure
vital functions, or
Second to perform medical procedures that can not be done on an outpatient basis
; in the context of acute inpatient care is provided too early
medical rehabilitation
C) inpatient care that is provided to a patient who
a baseline diagnosis and to stabilize its
health, mastery of sudden illness or sudden deterioration
chronic illness and whose state of health
require after-treatment or provide a particular treatment rehabilitation care; within this
inpatient care can be provided also follow intensive care patients
are partially or completely dependent on life-support
functions
D) long-term inpatient care that is provided to patients whose medical condition is not
medical care significantly improved and systematic
without providing nursing care worsens; within this
inpatient care can be provided also by intensive nursing care to patients with impaired
basic life functions.
§ 10
The health care provided in their own social environment of the patient
(1) Health care provided in their own social environment of the patient are
A) visiting service,
B) home care that nursing care, medical rehabilitation
care or palliative care.
(2) The patient's own social environment in addition to health care
under paragraph 1 to provide artificial ventilation and dialysis.
(3) In the context of health care under paragraph 1 may only exercise such
Medical services whose provision is subject to technical and substantive
equipment necessary for their implementation in the healthcare facility.
TITLE II
GENERAL CONDITIONS OF HEALTH SERVICES
§ 11
Health services
(1) The provider can only provide medical services covered by the
authorized to provide healthcare services.
(2) without obtaining authorization for the provision of health services can
A) to provide professional first aid
B) providing health services in social service by
Social Services Act,
C) ensuring the transfer of a person whose medical condition requires it,
from abroad to the Czech Republic or from the Czech Republic abroad
person authorized to do so under the law of another State from whose territory or
on whose territory the transport takes place and if it is a
activity in the Czech Republic temporarily,
D) provide health services under § 20.
(3) Health services can be provided only by persons
eligible for the medical profession or to pursue activities
related to the provision of health services.
(4) Staffing health services must correspond to the fields,
type and form of the provision of health care and health services, according to § 2 paragraph
. 2 point. d) to f). The requirements for minimum staffing
health services for the professional, specialized, or
special professional competence of health workers and other professionals
and their number in the implementing legislation.
(5) Health services can be provided only in medical
equipment in areas specified in the authorization to provide health services
; It does not apply in the case of healthcare provided in their own
social environment, medical transportation services, transporting patients
emergency care, pre-hospital care provided within
emergency medical services, health services provided in the mobile medical devices
armed forces
crisis situations and in the case of transporting the body of the deceased for autopsy and dissection by
law on funeral services. In the event that the provider only provides
home care, must have a contact office.
(6) Medical equipment must be for the provision of health services
technically and materially equipped. Technical and material equipment of medical devices must meet
fields, the type and form of healthcare
care and health services in accordance with § 2 para. 2 point. d) to f).
Requirements on minimum technical and material equipment of health facilities
regarding construction and technical, and functional interior layout
space and facilities for selected medical devices, other
apparatus and equipment, equipment contact workplace, and
case of pharmaceutical care provided in a detached department of drug distribution and
place to provide care in the implementing legislation.
This does not affect the requirements for medical devices according to other legal regulations
.
(7) The provider of emergency medical services provider
medical transport services and patient transport provider
emergency care must be provided for health service
equipped with adequate means of transport. Equipment requirements
provider of transport means and requirements for technical and material
equipping these vehicles and their markings and color
finish in the implementing legislation. This is without prejudice
requirements for means of transport stipulated by other laws.
(8) The provision of health services in social service by
paragraph 2. b) is a provider of social services is required prior to the start
announce the regional authority in the place of their
provision. In the provision of health services is a provider of social services
obliged to comply with the obligations laid down
providers in § 45 para. 1, para. 2 point. n), § 51 paragraph. 1 and § 53 par. 1st
§ 12
Eligibility for independent medical profession of
(1) Eligibility for the independent exercise of the medical profession for
purposes of this Act eligibility as independent professionals
doctor, dentist or pharmacist or the ability to exercise
Profession of medical staff paramedical profession without direct
leadership and professional supervision under other laws ^ 1) ^ 2).
(2) A provider is a natural person must be qualified to independently carry
medical profession in accordance with paragraph 3 or
is obliged to appoint a professional representative with this competence;
provisions professional representative is not permitted, if the provision of health services
authorization pursuant to § 16 para. 2. The provider who is
legal entity is obliged to appoint a professional representative with the capacity to
independent performance of the medical profession under paragraph 3
always.
(3) If the provision of health services
A) in the fields of specialized education of physicians, requires the capability
for independent practice medicine in at least one of these fields,
B) in the dental field or in fields of specialized education
dentists, requires the capability for independent professionals
dentist in at least one of these fields,
C) in the field or pharmacist in the fields of specialized training
pharmacists required qualifications for independent professionals
pharmacist at least one of the fields of specialized education
Pharmacists
D) only in the fields of training of health workers
paramedical professions or other professionals requires the capacity to
independent medical profession of at least one of these fields
; professional representative can also be a doctor, dentist or pharmacist
if it is competent to perform at least one of these fields
direct management or supervision to these workers under another
legislation.
§ 13
Integrity
(1) A person of integrity for the purposes of this Act, who has not been finally convicted
A) an intentional offense to unconditional imprisonment
of at least one year, or
B) for an offense committed in the provision of health services, or
looking at him as if he was convicted.
(2) Integrity shall be evidenced by an excerpt from the Criminal Records and
proving the fulfillment of the conditions of integrity issued by the country
which he is a citizen, the documents issued by the states in which the individual resided
the last 3 years continuously for more than 6 months
; These documents must not be older than 3 months. When the recognition of
integrity issued by the competent authority of another Member State
European Union, European Economic Area or the Swiss Confederation
accordance with the Act on recognition of professional qualifications
^ 14). If the State does not issue mentioned in the first sentence
extract from the criminal records or an equivalent document, or if it can not get
submit individual declaration of irreproachable character made by the
before a notary or a competent authority of that State.
(3) Where for the purposes of proceedings under this Act, proof
integrity extract from the criminal records requests for the issuance of the statement
administrative authority competent to grant authorization to provide
health services; application for the extract from the Register of Rest
extract from the criminal records to be transmitted electronically, and
manner that enables remote access.
§ 14
Professional representative
(1) Professional representative professionally manage the provision of health services.
Professional representative may be appointed a natural person who is
A) eligible to independently carry out medical profession according to § 12 and
is a member of the Czech Medical Chamber, Czech Dental Chamber or the Czech Chamber of Pharmacists
(the "Chamber") if membership in the chamber
condition for the exercise of the profession,
B) fully sui juris,
C) undefiled
D) the holder of a residence permit in the Czech Republic, if the obligation
have such authorization. Professional representative can be appointed
natural person with which takes some of the obstacles for the authorization referred to in §
17th
(2) The professional representative must be exercised in a labor
or similar relationship with the provider. This condition does not apply if
professional representative statutory body or member of the statutory body
provider or if the professional representative spouse or registered
Partner providers; in this case must be a professional representative for
providers under contract.
(3) Professional representative must perform his duties to the extent necessary for the proper
professional management of health services.
The same person can not perform the function of professional representative for more than 2
provider.
(4) Senior prosecutor is obliged to notify in writing all providers
changes to the information about him in the decision to grant permission to
provision of health services in the application for granting this authorization, and
in the documents submitted with this applications and changes and amendments
data concerning conditions for the performance of professional representative and submit
documents about them. Changes and additions to the data in the first sentence must
professional representative to report within 10 days from the day on which they occurred.
(5) stops if the professional representative to perform his duties or if he no longer
meet the conditions for the exercise of this function, the provider is obliged
appoint a new professional representative within 10 days from the date when the
some of these facts.
PART THREE
AUTHORIZATION TO PROVIDE MEDICAL SERVICES
§ 15
Effectiveness of administrative bodies
(1) to obtain permission for the provision of health services decision
A) Regional Office in whose administrative jurisdiction the healthcare facility in which they will
health services are provided
B) The Ministry of Defence or the Ministry of Justice, in the case of
health services in health facilities established
these ministries, except as allowed pursuant to § 16 para. 2, or
C) The Ministry of the Interior, in the case of health services provided in
medical facilities set up by the ministry or
medical facilities set up by the Office for Foreign Relations and Information
or the Security Intelligence Service, except as allowed | || according to § 16 para. 2 (hereinafter referred to as "competent administrative authority").
(2) The authorization to provide pharmaceutical care can be granted only on the basis
a favorable binding opinion of the State Institute for Drug Control for technical and substantive
equipment medical facility, which will be
provided this care. The State Institute for Drug Control
issue a binding opinion on the basis of a written request within 30 days of its receipt
. The request for a binding opinion must contain
requirements specified in § 18 par. 1st
§ 16
Conditions for granting authorization for the provision of health services
(1) A natural person shall be granted authorization to provide health services
upon written request if
A) reached the age of 18,
B) is fully sui juris,
C) is irreproachable,
D) the holder of a residence permit in the Czech Republic, if the obligation
such permits have
E) is qualified to independently carry out the medical profession in the field
healthcare, which will provide a health service and is a member of the chamber
if membership in the chamber is a prerequisite for the exercise of this profession
or appointed professional representative,
F) is entitled to use the provision of health services
medical equipment that meets the technical and material facilities
G) the requirements for staffing
provided health services,
H) the State Institute for Drug Control issued a favorable binding opinion
according to § 15 para. 2, in the case of the provision of pharmaceutical care,
I) The State Office for Nuclear Safety issued its authorization by
Atomic Act ^ 15), subject to the provision of health services
used medical devices used for medical exposure,
J) public health protection authority has approved operating rules
medical device according to the law on protection of public health ^ 16)
K) Ministry of Health (hereinafter the "Ministry") issued a consent
providing spa treatment rehabilitation care if it is a
providing this care
L) takes none of the obstacles for the authorization referred to in § 17th
(2) A natural person who will provide medical services only
medical facility operated by another provider, was granted
authorized to provide healthcare services to its written request, if
A) is qualified to independently carry out the medical profession in the field
Healthcare, which will provide a health service, a member of the Chamber
if membership in the chamber is a prerequisite for the exercise of this profession
, and meets the conditions specified in paragraph 1. a) to d) and l)
B) is entitled to use the provision of health services medical devices used
another provider that meets the requirements
technical and material equipment
C) the conditions set out in paragraph 1. g) to k).
Authorization under the first sentence shall not be awarded for the provision of health care
in the field of general practice, practical medicine for children and adolescents
, dentistry and gynecology and obstetrics, in case of power
activity registering the provider .
(3) A legal person shall be granted authorization to provide health services
upon written request if
A) the statutory body of the legal entity or its members or leaders
state organizational unit or organizational unit territorial self
unit, if the provision of health services provided by the
organizational part, are righteous, and
B) appointed a professional representative who meets the conditions of § 14 para. 1
to 3
C) the conditions set out in paragraph 1. f) to k)
D) does not take any of the obstacles for the authorization referred to in § 17 letter.
B) to e)
E) Region was established as a subsidiary organization under the Act on
emergency medical services and is entitled to use the line
national emergency call number 155, in the case of the provision of emergency medical services
.
(4) The authorization to provide health care services can not be transferred or
not be transferred to another person. The other person may, on authorization
provide health services only continues if the provision of health services under §
27th
§ 17
Obstacles authorization to provide health services
Authorization to provide medical services can not be granted
A) a natural person who has been ordered by the court or administrative authority ban
activities consisting in the provision of health services, for a period
duration of the ban
B) the natural person or legal entity that has been withdrawn authorization pursuant to § 24 paragraph
. 2 point. b), par. 3 point. a), b), c) or d), or paragraph. 4 point.
A), b), c), d) and e) for a period of 3 years from the date of entry into force
decision to withdraw authorization,
C) natural or legal person for a period of 3 years from the date of legal power
decision rejecting the insolvency petition because
assets of the debtor are insufficient to cover the costs of insolvency proceedings or for
3 years from the date of when the decision on cancellation of bankruptcy because
the debtor's assets is completely insufficient to satisfy creditors
D) natural or legal person, if the court in the insolvency proceedings
ordered interim measures, which the person whose bankruptcy or impending bankruptcy
in this procedure solves restricted in dealing with nature and ownership
preliminary insolvency administrator gave to the acts of this person
associated with the emergence of permission written consent, or
E) natural or legal person in the course of insolvency proceedings on
which was declared bankrupt and the bankruptcy trustee gave the
capacity of the person associated with the emergence of permission written consent.
§ 18
The request for authorization to provide health services
(1) An application for authorization to provide health services in addition
formalities laid down by the Administrative Code contains
A) if the applicant is a natural person
First the name or names, surname, maiden name, nationality, address
permanent residence in the Czech Republic or in the case
persons without permanent residence in the Czech Republic
address of residence outside the territory of the Czech Republic and possibly address place of residence on the territory of the Czech Republic
date and place of birth of the applicant,
Second personal identification number ^ 17) (hereinafter referred to as "Identification Number")
if allocated,
Third the name or names, surname, maiden name, nationality, address
permanent residence in the Czech Republic or in the case
persons without permanent residence in the Czech Republic
address of residence outside the territory of the Czech Republic and possibly address place of residence on
Czech Republic and date and place of birth of professional representative if
must be appointed
Fourth a form of health care, the health care industry, or type of health care
under § 5 para. 2 point. f) to i) or the name of health services by
§ 2. 2 point. d) to f), and for each place
provision of health services,
Fifth address of the place or places providing health services in case
medical transport services and patient transport emergency care
address of the individual departments and for the provision of home care
address of contact workplace,
6th the date on which the applicant intends to commence the provision of health services,
7th the period for which the applicant intends to provide health services if
requesting authorization for a fixed period
B) if the applicant is a legal entity
First business name or name, registered address, in the case of a legal person
established outside the territory of the Czech Republic also the place of establishment of the plant or plant
organizational unit of a legal person in the Czech Republic,
Second if providing health care services provided by the organization
a state or organizational unit of the territorial government
its name, registered address and identification number and the name of its founder
, the name, or names, surname, maiden name,
citizenship, address of permanent residence in the Czech Republic
or in the case of persons without permanent residence in the Czech Republic
domicile outside the Czech Republic and possibly
address of the place of registered residence on the territory of the Czech Republic and date of birth
head of the government department; data on leading organizational state is
not indicate if the Security Information Service and the Office for Foreign Relations and
information
Third data referred to in subparagraph a) of Section 3 of the professional representatives and persons
which are a statutory body of the applicant or its members or
acting on behalf of a legal entity registered in the Commercial Register or similar register
before its foundation, || |
Fourth address of the place or places providing health services in
case of emergency medical services, medical transport services and patient transport
urgent care
address of the individual departments and for the provision of home care address of the contact
workplace
Fifth data referred to in subparagraph a) points 2, 4, 6 and 7.
(2) An applicant for authorization requests to provide health services
submit,
A) if the applicant is the person referred to in § 16 para. 1
First evidence of eligibility to independently carry
medical profession, if this character
Second proof of probity,
Third if the provisions of the professional representative proof of eligibility
professional representative for the independent exercise of the medical profession
proof of integrity and professional representative statement that he agrees with his appointment
professional representative and that he or she does not take any of || | grounds listed in § 14 para. 1 and 3, for which it could not function
professional representative to exercise
Fourth List of health workers and other professionals,
who will perform the medical profession in an employment or
similar relationship to the applicant, to the extent required by the minimum
staffing of health services. For physicians, dentists and pharmacists
eligible for independent medical profession of the
showing the name, or names, a field in which they
capability to independently carry out medical profession and their weekly
working hours; for senior employees shall also
their job titles. For other health workers and other professionals
in lists only the number of broken
according to proficiency. The list is divided according to the classification of workers
individual forms and fields of health care, or types of health care
under § 5 para. 2 point. f) to i) or health services, according to § 2 paragraph
. 2 point. d) to f); where several places of delivery of health services
list also divided by these places,
Fifth a statement that the medical device for delivery of health services
technically and materially equipped hereunder
6th a favorable binding opinion issued by the State Institute for the Control
Drugs for technical and substantive equipped medical facility, if
on the provision of pharmaceutical care,
7th authorization to operate the Atomic Act issued by the State Office for Nuclear Safety
if they are in the provision of health services
used medical devices used for medical exposure,
8th approval from the Ministry in providing spa treatment rehabilitation
care, in the case of providing this care
9th decision approving the operating rules of medical equipment
issued by public health authorities and operational rules,
10th a document which shows the applicant's permission to use the premises for
provision of health services,
11th proof of residence permits in the Czech Republic
applicants and professional representative, if appointed, unless they have an obligation
such authorizations have
12th a declaration that the applicant does not take in any of the barriers to a
authorization referred to in § 17 letter. a) to c) and written consent
preliminary insolvency administrator or the insolvency administrator when
issuance of consent would be an obstacle for granting permission
specified in § 17 letter. d) or e)
B) if the applicant is a natural person referred to in § 16 para. 2
First evidence of eligibility to independently carry
medical profession and the documents referred to in subparagraph a) points 2, 11 and 12
Second contract with a provider who operates a medical facility in
which the applicant will provide medical services, authorizing the applicant to use
technical and material equipment of medical devices and
staffing of health services providers to
provision of health services; If the contract is not provided or the
contract does not meet all the requirements for technical and material equipment
medical equipment and staffing of health services,
which the applicant intends to provide, the applicant shall demonstrate compliance with the requirements
unsecured contract documents referred to in subparagraph a)
points 4-9,
C) if the applicant is a legal entity
First proof that the legal person has been constituted or established if
will be entered into the commercial or similar register or registration
not been done yet; if the applicant is a legal entity based outside the territory of the Czech Republic
submit a statement from the commercial or similar
register kept in the State of residence and proof that the legal person or
plant or branch plant legal
persons on the territory of the Czech Republic were entered into the commercial register if registration has already been done
; proof of registration in the commercial register or similar
or extract from these registers must not be older than 3 months;
documents referred to in this paragraph, the application shall not be annexed, in the case of a legal person
established in the territory of the Czech Republic by law or if
provision of health services provided by a government department
or territorial government
Second proof of the integrity of persons who are a statutory body of the applicant or his
members
Third proof of probity branch manager of State or organizational units
territorial government if
provision of health services provided by this organizational component
Fourth the documents referred to in subparagraph a), points 3-11,
Fifth in the case of the provision of emergency medical services proof that the applicant
Region was established as a subsidiary organization under the Act on
emergency medical services and document implying permission
applicants to use the line of the national emergency number 155, 6 .
statement that for the applicant takes none of the obstacles for authorization
listed in § 17 letter. b) and c) a written consent
preliminary insolvency administrator or the insolvency administrator when
issuance of consent would be an obstacle for granting permission
specified in § 17 letter. d) or e).
(3) If the applicant for authorization to provide health services
person who is a transferee of property rights relating to the provision of health services
current provider, joins
request also documents proving the transfer or the transition of property rights on
applicant. Presentation of the document referred to in paragraph 2. a) Section 4
be replaced by a declaration by the applicant stating that there were no changes in the data
These existing documents submitted by the provider;
in this case it does not produce the document referred to in paragraph 2. a) point
6th If the applicant for authorization for the provision of health services
person who continues to provide health services in accordance with § 27
applies to the submission of the documents first and second sentence accordingly.
(4) In the case of providing only long-term inpatient care only
health workers paramedical professions applicant's request for authorization to
provision of health services show a contract with
provider of outpatient care in general practice || | or in practical medicine for children and adolescents to ensure
acute care patients.
§ 19
The decision to grant authorization to provide health services
(1) The decision on granting authorization for the provision of health services
individual in addition to the requirements laid down by the Administrative Code contains
A) the name or names, surnames and provider of professional representative,
needs to be appointed, and the address of their place of permanent residence in the Czech Republic
or in the case of natural persons without permanent residence
Czech Republic domicile outside the Czech Republic and
address or place of residence in the Czech Republic,
provider identification number, if allocated, and date of birth
,
B) a form of health care, the health care industry, or type of health care
under § 5 para. 2 point. f) to i) or the name of health services by
§ 2. 2 point. d) to f), and for each place
provision of health services,
C) address of the place or places providing health services in case
provider of emergency medical services, medical
transport services and patient transport addresses the urgent care locations
individual workplaces, and in the case of providing home care address
place contact workplace,
D) the period for which authorization is granted, the applicant is an applicant for
authorization for a fixed period
E) the date of delivery of health services.
(2) The decision on granting authorization for the provision of health services
legal entity apart from the formalities laid down by the Administrative Code contains
A) the company or provider name, the address of its registered office,
in case of a legal person established outside the territory of the Czech Republic also address
place of establishment of the plant or a branch plant
legal entities on the territory of the Czech Republic, and identification number, if assigned,
B) the name, surname, address of permanent residence
Czech Republic or in the case of persons without permanent residence in the Czech Republic
domicile outside the Czech Republic and possibly
address space registered residence on the territory of the Czech Republic and date of birth
persons who are a statutory body of the provider or its members
C) name, surname, address of permanent residence
Czech Republic or in the case of persons without permanent residence in the Czech Republic
domicile outside the Czech Republic and the address of the registered place
residence in the Czech Republic and date of birth
professional representative,
D) the particulars referred to in paragraph 1. b) to e).
(3) The decision on granting permission for the provision of health services,
if the provision of health services provided organizational component
State or organizational unit of the territorial government, except
formalities laid down by the Administrative Code contains
A) the name and address of the organizational unit of the state or organizational
territorial government identification number, if assigned,
B) the name of the founder of the state organizational unit or organizational
territorial self
C) name, surname, address of permanent residence
Czech Republic or in the case of persons without permanent residence in the Czech Republic
domicile outside the Czech Republic and possibly
address space registered residence on the territory of the Czech Republic and date of birth
branch manager of the state or territorial government;
Data on leading organizational state shall not, in the case
Security Intelligence Service and the Office for Foreign Relations and
Information
D) name, surname, address of permanent residence
Czech Republic or in the case of persons without permanent residence in the Czech Republic
domicile outside the Czech Republic and the address of the registered place
residence in the Czech Republic and date of birth
professional representative,
E) the particulars referred to in paragraph 1. b) to e).
(4) The competent authority shall send a copy of the written copy
decisions to grant authorization to provide health services to 15
days after the decision comes into force locally competent tax administrator
carrying out the administration of income tax, locally
appropriate district social security administration and the Czech statistical Office; in the case of
authorization to provide pharmaceutical care, send the copy of the decision also
State Institute for Drug Control. The competent administrative authority shall record
authorization to provide health services within 15 days from the date of
decision comes into force the National Register
providers of health services (hereinafter the "National Register of Providers") and through this registry
writes the relevant reference data or
amendments to the relevant reference data in the basic register
legal persons, business persons and public authorities ^ 18) (hereinafter
'register of persons ").
(5) If the legal entity which is formed on enrollment
business or other legally designated Register, issued a decision on granting
authorized to provide healthcare services before registration,
created the legal person the right to provide health services
day of registration. If the legal entity domiciled outside
Czech Republic, which is entered in the Commercial Register, issued
decisions to grant authorization to provide health services before
registration in the commercial register, the legal person created right
provide health services entry in the Commercial register.
Except where the legal entity referred to in the first sentence or the second
proposal for registration within 90 days from the date of coming into force
decision to grant permission or if a writing executed within 90 days
the date of filing the application for registration, authorization expires at the end of this period.
Legal entity shall submit the relevant administrative body
document proving the application for registration within 15 days from the date of filing
proposal and further evidence that the legal entity was registered in
register, within 15 days of registration.
§ 20
Provision of health services by persons established or resident in another Member State
European Union, European Economic Area or the Swiss Confederation
(1) The authorization to provide health services required for
A) a natural person who is established in another Member State of the European
Union, European Economic Area or the Swiss Confederation,
if it provides home visits or home care as a person visiting
under other legislation and
under the laws of the State of establishment authorized to provide health services in the context of
are visiting service or home care provided,
B) legal entities whose registered address in another Member State
European Union, European Economic Area or the Swiss Confederation and
under the laws of the state of establishment
authorized to provide health services within which they are provided by visiting
service or home care, and persons through the visiting
service or home care provided meet the conditions laid down for
visiting persons under other legislation.
(2) The person referred to in paragraph 1 shall notify in writing the intention
provide a visiting service or home care regional office in the administrative district
provide the service, not later than 7 days before the date
further launches. The notification is
document proving authorization to provide appropriate medical services in another
State of the European Union, European Economic Area or the Swiss Confederation
where a natural person is established or where the legal entity
seat, and officially certified translation into the Czech language, unless the document
in Slovak.
(3) A person providing home visits or home care by
paragraph 1 shall be subject to the obligations set out in § 45 para. 1, § 51 paragraph.
1 and § 53 paragraph. It shall cease if the first person referred to in paragraph 1
under the laws of the State of establishment authorized to provide health services in the context of
visiting service or home care provided is obliged
this fact in writing without delay notify the regional office in the administrative
circuit providing these services.
(4) In the event that the regional office finds a serious breach of duties under this Act
person referred to in paragraph 1 shall notify
Ministry, which it shall notify the Member State of the European
Union, the European Economic area or Swiss Confederation.
(5) In the event that the regional office finds a serious breach of obligations under
this or any other Act, a person referred to in paragraph 1
decision may prohibit the person providing health services in the Czech Republic
, and for a period no longer than 3 years. An appeal against the decision has
suspensive effect. The Regional Office will send a copy of the written copy
decision within 15 days from the date of coming into force of the ministry which
ban on the provision of health services inform the Member State
European Union, European Economic Area or the Swiss Confederation
.
§ 21
Notification of Changes provider
(1) The provider must be reported to the competent administrative authority
any changes in the data listed in the decision on granting
authorization to provide health services and any changes
relating to the data in the documents submitted with the application
to grant permission and submit documents about these changes, if they can be
reason for suspension, modification, revocation or termination of privileges.
Provider is also obliged to notify in writing the administrative body that issued the consent
authorization or other decision or binding opinion as a basis for
decision on granting permission for the provision of health services,
any changes regarding these decisions or binding opinion, if
may be a reason for their amendment, revocation or withdrawal.
In the event of changes to the data referred to in § 18 par. 2 point. a) Section 4 shall be notified
only changes relating to senior staff. Administrative authority which
issued consent, authorization or other decision or binding opinion
as a basis for decisions to grant authorization for the provision of health services
promptly notify the appropriate regulatory body
their amendment, withdrawal or cancellation.
(2) The provider is required to change pursuant to paragraph 1 to notify within 15 days
date when learning of them.
(3) If a change of data, which is not mentioned in the decision to grant
authorization to provide health care services and are still fulfilled
conditions for the provision of health services, the competent administrative authority
about the change recorded in the file. In other cases decided
competent administrative authority under the circumstances to change, suspend or withdraw
authorized to provide healthcare services.
§ 22
Cessation of authorization to provide health services
Authorization to provide medical services expires
A) the death of a provider does not proceed if according to § 27
B) termination of the provider
C) the deletion of organizational unit of the plant legal persons residing outside the territory of the Czech Republic
from the trade register
D) the abolition of the state organizational unit or organizational
territorial self-governing unit, if the provision of health services provided
this organizational component
E) expiry, unless permission has been granted for a fixed period
F) the decision of the competent administrative authority to withdraw an authorization or
G) in other cases specified by law.
Withdrawal, suspension, and change permissions
§ 23
(1) The competent authority shall withdraw the authorization for the provision of health services
if
A) provider ceased to meet any of the conditions specified in § 16 paragraph
. 1 point. b) or c), or paragraph. 2 point. a)
B) there was an obstacle to the provision of health services according to § 17 letter. a)
or c) or
C) the provider asked for it.
(2) The competent authority shall withdraw the authorization for the provision of health
Services pursuant to paragraph 1. c) upon written request to the provider.
Application for withdrawal of authorization to provide health care services must be
submitted no later than 60 days before the day on which the provider requires
privileges revoked; This limit does not apply, if required by the provider
revoke privileges for reasons for which authorization is taken off
ex officio. If not complied with the deadline for application,
competent administrative authority withdraws its authorization to provide medical services at the latest
sixtieth day following the date of submission of the application.
(3) A provider requesting the withdrawal of the authorization to provide
health services and intends to transfer the property rights relating to
delivery of health services to another person shall notify the appropriate regulatory body
simultaneously with the
request for withdrawal of authorization. If the acquirer of property rights relating to the provision of health services
intends to commence the provision of health services
day of the withdrawal of authorization hitherto providers indicate this
fact in the application for authorization to provide health services
. If a request for authorization for the provision of health services
later than the date of application for the withdrawal of authorization
existing provider and the conditions for granting
authorization, the competent administrative authority of the withdrawal of authorization and
authorization on the same day; appeal against the decision has
suspensive effect.
§ 24
(1) The competent authority shall amend, suspend or revoke permissions
provision of health services, if
A) provider ceased to meet any of the conditions specified in § 16 paragraph
. 1 point. f), or g) and paragraph. 2 point. b) or
B) was repealed approval, authorization or other decision or binding
opinion, which was the basis for decisions to grant authorization.
(2) The competent authority shall suspend or withdraw authorization
provision of health services, where the provider
A) ceased to meet any of the conditions listed in § 16 para. 1 point.
D) and e) and paragraph. 3 point. a) or b), or
B) is not insured against liability for damage caused
in connection with the provision of health services.
(3) The competent authority may suspend or withdraw authorization
provision of health services, if
A) provider seriously or repeatedly violated the obligation
set for health service provision in this Act or any other legislation
,
B) the provider has not fulfilled the obligation to address the deficiencies identified in
deadline,
C) a provider of medical documentation or does it lead
inconsistent with this Act or any other law, or
D) the provider does not fulfill the obligation to pay social security contributions
state employment policy.
(4) The competent authority may withdraw the authorization for the provision of health services
if
A) provider to provide health services under the influence of alcohol or other addictive substances
,
B) provider repeatedly provide their medical services through
person who was under the influence of alcohol or other addictive substances, and
not made corrective actions,
C) provider to provide health services through a person
not eligible for the medical profession by another
legislation
D) provider seriously or repeatedly breached the obligations arising
him from the law on public health insurance,
E) provider repeatedly demanded payment from patients for medical services
against the law on public health insurance, or
F) healthcare services are provided for a period longer than one year.
(5) Before initiating the modification or withdrawal of authorization to
provision of health services under paragraphs 1, 2 or 3 point. a), c)
or d) a competent administrative authority providers
reasonable period to remedy the situation, in the case of shortcomings which should be remedied.
(6) The decision to suspend the authorization to provide health services
competent administrative authority shall determine the period of suspension of authorization and
certain health services during this period can not be provided.
Time suspension of the authorization for the provision of health services must not be longer than one year
.
§ 25
Notification of changes, termination and suspension of authorization to provide health services
(1) The competent authority shall send a copy of the written copy
decision on the modification, suspension or withdrawal of authorization to provide
health services within 15 days from the date of entry into force of the decision
entities referred to in § 19 para. 4 health insurers, with whom he
provider on the date when the decision
contracts under the law on public health insurance.
(2) Termination of authorization to provide medical services granted for a specific
notify the competent administrative body of the entities referred to in § 19 para. 4
health insurers, with whom he had concluded
provider contracts under the Act on public health insurance, and within 30 days
date on which the termination of the authorization occurred; in other cases, termination
privileges not covered by paragraph 1 shall do so within 30 days
day when the termination of the right to know.
(3) The competent authority shall record a change, withdrawal or suspension
authorization to provide medical services within 15 days from the date of entry into force of the decision
to the National Register of providers and also to register
persons. Cessation of authorization to provide health services
granted for a fixed period recorded competent administrative authority within 15 days
date on which the termination of the authorization occurred in the National Registry
providers and through this register, the corresponding reference data
or changes in the relevant reference data to the register
persons; in other cases, termination of the authorization, which is not covered
first sentence shall do so within 15 days of the date on which the termination of the authorization
learned.
§ 26
Interruption of the provision of health services
(1) The provider may discontinue providing health services
longest period of 1 year. Interruption means not providing health services
continuously for more than one month.
(2) The Provider is obliged to interrupt the provision of health services
notified in writing at least 60 days before the date on which it intends to provide
health services interrupted, the competent administrative authority, which actually performs this
file entry into the National registry
providers and through this register, the corresponding
reference data or changes to the relevant reference data to the register
persons and health insurance companies with which it has contracts
under the law on public health insurance ;
same provider is obliged to report information about the interruption of health services to publish
so that it is accessible to patients. If the reason for interruption of the provision of health services
not allow providers to fulfill the obligations specified in the first sentence
within the prescribed period, it shall do so without undue delay
.
(3) The grantor for interruption of the provision of health services
shall ensure that in the case of a patient who
provide healthcare services and which at the time of interruption chooses to provide health services
another provider, or it is necessary to ensure continuity
health services for this patient, was given a copy
medical records of the patient or a statement from the medical documentation
provider that has medical services or provide patient has to take
care.
(4) Continuing to provide health services after the interruption is
provider must be reported to the appropriate regulatory body,
that this fact makes an entry in the file to the National Register
providers and through this register, the corresponding
reference data or changes to the relevant reference data to the register
persons and health insurance companies with which it has contracts
under the law on public health insurance, and no later than 15 days
prior to the date on which intends to continue providing health services.
(5) Provision of health services can be repeatedly interrupted after 5
years from the date specified in the notice of the continuing provision of health services
after previous interruption in their provision.
(6) The competent authority interruption and continue the provision of health services
notify the appropriate local District Social
Security within 15 days from the day on which this fact was announced
provider.
§ 27
Continuing to provide health services
(1) the death of a provider and unless the person referred to in § 16 para. 2
may, based on its authorization to provide health services
continue to provide health services, another natural person or || | legal entity if
A) is entitled to use medical devices, which provide health services
deceased provider
B) the conditions set out in § 16 para. 1, in the case of a natural person
or conditions specified in § 16 par. 3 point. a) to d) in the case of
legal person
C) within 15 days from the date of death of the provider shall notify the competent administrative authority
intend to continue providing health services.
A person who continues to provide health services have the rights and obligations
provider.
(2) intends to continue the provision of health services is
person referred to in paragraph 1 shall be obliged to notify in writing within 15 days from the date of death
providers also health insurers with whom the deceased
provider of the date of death closed contracts pursuant to the Act on public health insurance
. If notify intention to continue providing
health services more people can in providing health services to continue
those of them which have agreed in writing;
signatures on the agreement must be authenticated. The conclusion of the agreement shall invite the persons
announced intention to continue providing health services
competent administrative authority which also state the period within which it is to be submitted
agreement.
(3) The provision of health services must be continued
later than 60 days from the date of death of the provider. The person referred to in paragraph 1
obliged to notify in writing the competent administrative authority of the date on which
continues to provide health services, and no later than 10 days from that date
. The notification are documents proving
conditions specified in § 16 para. 1 point. a) to e) in the case of a natural person
, or in § 16 par. 3 point. a) and b) in the case of a legal person, and
further statement that the notifier may use to provide health services
medical devices, which provide healthcare services
deceased provider declaration of compliance with the conditions laid
§ 16 paragraph. 1 point. l) in the case of a natural person, or in § 16 par. 3 point.
D) in the case of a legal person, a declaration that they are still fulfilled
conditions pursuant to § 16 para. 1 point. f) to k). If there is a change
technical or material equipment of medical equipment or to change
staffing of health services are part of the announcement also
documents proving compliance with the conditions specified in § 16 para. 1 point. f)
g). If there is a change in the conditions under which it was issued
binding opinion or the authorization referred to in § 16 para. 1 point. h) or i) or
approved operating procedure referred to in § 16 para. 1 point. j) are part
notice also new documents referred to in § 18 par. 2 point. a) Section 6, 7 or 9th
(4) If the conditions for continued provision of health services
, the competent administrative authority pursuant to a notice under paragraph 3
developer certificate of compliance.
Competent administrative authority shall send a copy of the written copy of the certificate within 10 days of its issuance
health insurance companies referred to in paragraph 2 and
entities referred to in § 19 para. 4 and carry the certificate entry into the National
registry of providers and through this registry
writes the relevant reference data or changes
relevant reference data to the register of people. If the conditions are not met
procedure under the first sentence, the competent administrative authority to decide that
notifier fails to fulfill the conditions to continue providing health services
. An appeal against this decision has no suspensive effect.
(5) The date of termination of the authorization to provide healthcare services provider deceased
terminated also entitled to continue providing health services
; then the provider can provide health services in
medical facility, which provide healthcare services provider
deceased only at its authorization to provide
health services. Authorization for the provision of health services
Deceased provider ceases expiry of the deadline for notification
intend to continue providing health services under paragraph 1
point. c) expiry of the deadline for submitting the agreement
competent administrative authority pursuant to paragraph 2, passing of the deadline for
continue providing health services under paragraph 3 or the date
decision comes into force that have not been fulfilled
to continue providing health services.
Authorization to provide health care services provider terminates the deceased also
expiry of 90 days from the continued provision of health services mentioned in
notice under paragraph 3; if requested, the person continued
in the provision of health services for authorization to provide
health services within 90 days from the date of the continuation of the
health services authorized to provide healthcare services provider
dead ends on the day of acquisition the decision on the request
.
PART FOUR
POSITION patients and other individuals associated with the provision of health services
TITLE
I
RIGHTS AND OBLIGATIONS patients and other individuals
Patient Rights
§ 28
(1) Health Services can provide the patient with only his
free and informed consent, unless stipulated otherwise by this Act.
(2) The patient has the right to provide health services at the appropriate
professional level.
(3) The patient has the provision of health services further right
A) to respect, be treated with dignity, courtesy and respect for privacy
in the provision of health services in accordance with the character
of health services,
B) choose a provider authorized to provide health services
that match the patient's health needs and medical equipment
unless this Act or other legislation provides otherwise,
C) require consulting services from another provider, or
medical worker, other than that it provides health services;
It does not apply in the case of providing urgent care or persons serving
custody, imprisonment or security detention
D) be familiar with the internal rules of the healthcare facility inpatient or day care
(hereinafter the "Internal Rules")
E)
First the continuous presence of a legal representative or a person designated
legal representative, guardian or other person in whose care the patient was
based on the decision of the court or other authority entrusted, if minor
person
Second continuous presence of a guardian or a person designated
guardian, if the person whose legal capacity is limited so that it is not eligible
assess the provision of health services, or the consequences of their
provision (hereinafter referred to as "patient with limited legal capacity" )
Third presence or a person designated by the patient,
In accordance with other laws and internal regulations, and
not disrupt the presence of these persons, the provision of health services;
It does not apply in the case of persons in custody, imprisonment or security detention
; this does not affect § 47 para. 1 point. b)
F) to be informed in advance about the cost of health services provided
not covered or partially covered by public health insurance and
about the manner of payment, if his health allows,
G) know the name, or names and surnames
medical staff and other professionals directly involved in the provision of health services and
persons preparing for provider performance
medical profession that are in the provision of health
present services or engage in activities that are part of the curriculum,
H) reject the presence of persons who are not providing health services
directly involved and those preparing for occupations
medical worker
I) to receive visits in a medical facility inpatient or day care
, with regard to their health status and in accordance with the internal regulations
a manner which does not infringe the rights of other patients, unless this Act
or another law provides otherwise,
J) receive in a medical facility inpatient or day care
pastoral care and spiritual support from churches and religious clerics
Companies registered in the Czech Republic or the persons responsible
perform religious activities (hereinafter the "spiritual") in accordance with the internal regulations
a manner which does not infringe the rights of other patients, as
regard to your health state, unless other legislation provides otherwise;
Visit to the spiritual can not deny the patient in cases of threats to his
life or serious damage to health, unless another law
otherwise
K) for the provision of health services in the least restrictive environment
while ensuring the quality and safety of healthcare services.
(4) Patients with limited legal capacity or who is a minor, may
require the provision of health services was not present
person pursuant to paragraph 3. e) states, if it is a person who abuses his or
otherwise abused or neglected. In this case proceed in accordance with § 35 paragraph
. 5th
§ 29
(1) Selection of providers and medical facilities in case of minor patients
A) placed in orphanages for children under 3 years of age by
educational facilities for institutional or protective care in facilities
social services providing residential services, was the court ordered institutional or
protective upbringing or children entrusted to
care facility for children needing immediate assistance based decision
court to the statutory body of the device
B) entrusted to foster care or in the custody of other persons entitled
foster parent or other person in whose care the patient was under
decision of a court or other authority entrusted (hereinafter the "foster parent or other caring
person").
(2) Choice of provider and medical equipment not covered
at
A) emergency medical services and providers, which
provider of emergency medical services the patient outweighs,
B) occupational services
C) compulsory isolation, quarantine or protective treatment,
D) persons placed in police cells set up at the police department
Czech Republic; These persons may, at its own expense invite
provision of health services selected medical worker
E) persons in custody, imprisonment, preventive detention,
in detention facilities for foreigners or reception center,
F) persons whose health status is assessed for the purpose of providing
employment services ^ 19) and for social security
^ 20)
G) soldiers in active service under the conditions stipulated by the Soldiers
profession
H) cases where other legislation provides for examining provider
or if it is a designation of the person authorized to do so on the basis
another law.
§ 30
(1) Patients with sensory disabilities or with severe communication problems caused by
health reasons for communicating
related to the provision of health services right to communicate with a way for him
understandable and means of communication, which he chooses including
based methods of interpreting another person. In the case of persons serving
custody, imprisonment or security detention constitutes
interpreter Prison Service of the Czech Republic (hereinafter "
Prison Service").
(2) Paragraph 1, second sentence shall apply mutatis mutandis, in the case of interpreting
foreign language, with the exception of Slovak.
(3) Patients with sensory or physical impairments that uses dog
special training, has the right to respect for his current health condition
to the accompaniment and the presence of a dog with them in a medical facility, and || | manner prescribed by internal rules so as not infringing
other patients, unless other legislation provides otherwise; It does not apply
case of persons in custody, imprisonment or security detention
. A dog specially trained for the needs of the sentence means
first guide dog or assistance dog.
Information about the patient's condition and the proposed health services
§ 31
(1) The provider is required
A) ensure that the patient was understandable way
sufficient extent informed about their health status and the proposed
individual treatment decisions and any amendments thereto (hereinafter referred to as "information about the health status
") | ||
B) allowing the patient or the person designated by the patient to ask additional questions
related to his health condition and proposed
health services, which must be clearly answered.
(2) Information on health status in accordance with paragraph 1 shall contain information about
A) the cause and origin of the disease, if known, the stage and
expected development,
B) the purpose, nature, expected benefits, potential consequences and risks
proposed health services, including individual health
performances
C) other options for providing health services, their suitability
benefits and risks for the patient
D) other necessary treatment,
E) restrictions and recommendations in a way of life based on health status and
F) the possibility
First renounce bringing health information in accordance with § 32 and
Second identify the persons under § 32 and 33 or to impose a ban on the use of information
on health status in accordance with § 33
health information is communicated to the patient upon admission into custody and
always, if it is considering the provision of health services or medical condition
expedient.
(3) health information submitted by the attending medical worker
eligible to provide health services to which the administration
information relates; attending medical worker to carry
medical record documentation that the information was filed.
(4) Information about the state of health is not administered to a patient who
due to his health condition is unable to provided information
ever seen.
(5) If a minor patient or a patient with limited
incapacitation, the right to health information and the right to ask questions
belong to the legal representative or guardian of the patient and the patient
if the such act reasonably mature intellectually and freely.
(6) If the medical condition or the nature of the patient's disease
require the provider is entitled to tell people who are about
personally take care of the patient, information that is necessary to ensure that
care or protection their health.
§ 32
(1) The patient may be waived by providing information about their health,
possibly can determine which person should be administered. Recording a waiver
bringing health information and identify the person to be
health information filed is part
medical records of the patient; signs record patient and healthcare worker
. The waiver bringing health information to
disregarded in the case of the information that patients suffering from infectious diseases or other illnesses
, in connection with which can endanger the health or life of other persons
.
(2) Information about the diagnosis or prognosis of adverse health condition
patient can be in the necessary extent and for the time strictly necessary
detained, if it can be reasonably assumed that the filing could cause a patient
serious injury. According to the first sentence can not be
proceed when
A) information about a disease or predisposition to it is the only
way of enabling patients to take preventive measures or
undergo early treatment
B) the patient's condition poses a risk to its surroundings,
C) the patient specifically asks for accurate and truthful information so he could
provide personal issues.
(3) The grantor may to the extent necessary to withhold information about
state of health of a minor patient's legal representative,
foster parent or other caregiver in case of suspicion that this
person involved in the abuse or mistreatment or
threatening the healthy development of the minor patient, if it can be assumed that
providing this information could endanger a patient. The same procedure
case of a patient with limited legal capacity.
§ 33
(1) The patient may, on receipt into custody identify persons who may be
informed of his condition, which may determine whether these
persons may inspect the medical records kept on him or || | other records relating to his medical condition, to acquire
extracts or copies of these documents and whether the cases under § 34 paragraph
. 7 to approve or refuse the provision of health services
. Patients may designate persons or express prohibition
provide health information to any person at any time after admission to
Care may also designate the person or pronouncing a ban
provide health information at any time. Record of the statement
patient is part of the medical records kept on him; Record
signs the patient and healthcare worker. It is also part of the record
patient communication, how can information about his health condition
disclosed.
(2) Non-submission of information on the health status of the patient was pronounced
apply to the reporting of information, or the disclosure of information that
may be disclosed without the patient's consent under this Act or any other legislation
.
(3) In the case of a patient who can not, given his state of health
identify the persons referred to in paragraph 1 shall have the right to information about his current state of health and
for acquisition statements and copies of medical records | || led by people close to the patient. If the patient has previously expressed prohibition
communicate information about their state of health of certain persons close, you can
submit information to those persons only if it is in the interest of protecting
their health or the health of others, and only
to the necessary extent.
(4) persons close to the deceased patient or another person designated
patient have a right to information about the health status of a patient who died
, and information on the outcome of the autopsy, if performed, including the right || | inspect medical documentation kept on his person or in other
records relating to his medical condition and make them
extracts or copies thereof. If the deceased patient for his life
expressed the ban on disclosing information about their health
certain persons close, you can submit information to such persons only if it
in order to protect their health or the health of others,
and only to the extent necessary.
(5) The right to information about the patient's condition, and only
extent necessary, also include persons with the patient came into contact
and this information is relevant for the protection of their health.
Provision of health services with the consent
§ 34
(1) Consent to medical services (hereinafter "the agreement") shall be deemed
A) free, is given without any coercion,
B) informed if the patient consent before pronouncing
information filed pursuant to § 31; approval is considered well informed in the event that the patient
according to § 32 par. 1 filing information surrendered.
(2) The written consent form is required if so provided by another legal regulation
^ 21) or so due to the nature
provided medical services determined by the provider. Consent to hospitalization
must always be in writing. On request, the patient is provided with a copy
written consent forms.
(3) patient who was given information about the health or
a filing information under § 32 par. 1 and surrendered to pronounce
refuses to consent to the provision of health services, unless it is a case where you can
provide medical services without consent, it is repeatedly given information
about his health to the extent and in the manner from which it is apparent that
failure to provide medical services can seriously damage his health or endanger life
. If the patient continues to refuse to consent
make a written declaration (reverse).
(4) The patient may make its consent to the provision of health services to appeal.
Withdrawal of consent is not effective unless already begun implementing
medical procedure whose disruption can cause serious damage
health or endanger the patient's life.
(5) Written consent, written consent revocation or record
withdrawal of consent if the patient consent in writing without
statement, a written statement of disagreement with the provision of health services
or record of that disapproval, if the patient refuses
make a written declaration is part of the medical records kept
patient; signed by the patient and healthcare worker. Rejects
If a patient record in the first sentence sign, healthcare worker
this fact to supplement the record; the record is signed by a healthcare professional and
witness.
(6) If the patient's condition does not allow the expression of consent,
withdrawal of consent or disagreement with the provision of health services
desired way healthcare professional record
unequivocal expression of the will of the patient in medical records about him
Led, indicating the manner in which the patient expressed his will, and
medical reasons preventing the patient in expressing the desired manner;
record shall be signed by a healthcare professional and a witness.
(7) If the patient can not, given his state of health
express consent to the provision of health services, unless the health
services that can be provided without consent requires the consent of the person designated
patient according to § 33 para. 1, unless such person or unless
achievable, spouse or registered partner, unless such persons
or if not reachable, it requires parental consent, unless such
person or if not reachable, requires the consent of other persons close
own right, if known.
§ 35
(1) The provision of health services of a minor patient
need to know his opinion on the planned provision of health services,
if it is adequate intellectual and moral maturity of his age.
This opinion must be taken into account as a factor, the gravity of which increases proportionally with
age and degree of mental and moral maturity of a minor patient. For
consent to the provision of health services for minor
patient application of a law regulating the legal capacity of natural persons
^ 49), with the minor patient may be intended
health services to provide to its approval, if
execution of such a measure proportionate to its mental and moral maturity corresponding
his age. This does not affect the possibility of providing medical services without the consent
.
(2) Provision of health services on the basis of consent of the minor
patient does not preclude the attending medical worker
filed a legal representative provided information on health services or health of the minor
patient.
(3) In the case of health services, which consist in providing
A) emergency care, which is care according to § 38 par. 4, or
B) acute care, and
Parental consent can not be obtained without undue delay,
decide on the granting of the attending medical personnel.
This does not apply if it can be to provide health services under paragraph 1
based on the consent of the minor patient.
(4) In the case of a patient with limited legal capacity, paragraphs 1 to 3
apply mutatis mutandis, with the age of the patient are taken into account.
(5) If a patient referred to in § 28 para. 4, the provider excludes,
where it is suspected that this patient abuse or mistreatment, or,
that is threatened by its healthy development, the presence of persons referred to in § 28 paragraph
. 3 point. e) in the provision of health services in terms of
examination to exclude marks mentioned facts.
§ 36
Previously expressed wishes
(1) The patient may for when it got into such a state of health
, which will be able to express their approval or disapproval
provision of health services and the manner of their provision, this
approval or disapproval pre pronounce (hereinafter referred to as "previously expressed wishes
").
(2) The Provider will take into account previously expressed wishes of the patient,
if it is available, under the condition that at the time of provision of health services
occurred predictable situation which previously || | expressed desire applies, and the patient is in such condition, where
not able to say a new agreement or disagreement.
Will be respected only those previously expressed desire that was made on the basis
written patient education about the consequences of his decision, and it
doctor in the field of general practice, in which the patient is registered, or other
attending physician in the field of health care, with whom previously expressed desire
related.
(3) The previously expressed wishes must be in writing and must be accompanied
notarized signature of the patient. Part of the previously voiced desire is
Letter pursuant to paragraph 2.
(4) A patient can make also previously expressed desire on admission to care
provider or anytime during hospitalization, for
provision of health services provided by this provider.
Thus expressed desire to be recorded in the medical records of the patient
; signs record patient medical worker and witness;
in this case does not proceed in accordance with paragraph 3
(5) The previously expressed wishes
A) not be respected, since if the vote took place in
Provision of health services to which the request relates to
such developments, it is reasonable to assume that the patient
expressed agreement with their grant; the decision to disregard earlier
voiced wishes of the patient and the reasons that led to it will be recorded
into the medical records of the patient
B) can not be respected unless encourages those practices which result
active causing death
C) can not be respected if its fulfillment could endanger other persons
D) can not be respected if they were at the time the provider did not have available
previously expressed wishes, started a health procedures
whose interruption would lead to an active cause of death.
(6) previously expressed wishes not apply in the case of minors
patients or patients with limited legal capacity.
§ 37
Hidden birth
(1) Woman with permanent residence in the Czech Republic, if not a
woman, to whose husband testifies presumption of paternity ^ 22), has the right to hide their
person in connection with childbirth.
(2) Female referred to in paragraph 1 if he proposes in connection with the birth
conceal his identity, submit providers providing the appropriate health services
written request for confidentiality of their identity at birth
(hereinafter referred to as "undisclosed birth"); The application includes a statement females that
not going to care for the child.
(3) Performing secret confinement means those procedures
health service provision woman referred to in paragraph 1
in connection with pregnancy and childbirth, to preserve her anonymity, except
procedures that are needed to ensure payment of medical services from
public health insurance and the provision of information for
National health information system.
Hospitalization of patients and providing health services without consent and the use of restraints
§ 38
(1) Patients can be hospitalized without consent if
A)
First a final decision to a court protective treatment
form of inpatient care,
Second It is ordered isolation, quarantine or treatment under the Act on the Protection
public health
Third the Code of Criminal Procedure and the Law on Special procedures
court ordered a medical examination,
B) endangers directly and seriously himself or his surroundings and
shows signs of mental disorder or the disorder suffers or is under the influence of an addictive substance
as a threat to the patient or his surroundings
not be averted otherwise, or
C) his state of health requires the provision of emergency care while
does not give its consent.
(2) Minor or patients with limited legal capacity may
without the consent of a legal guardian or guardian also hospitalized in
case, in the case of suspected abuse or neglect.
(3) patients without their consent can only provide emergency care,
and in case
A) the state of health does not allow the patient express consent;
this does not affect the previously expressed wishes in accordance with § 36 or
B) the treatment of serious mental disorders, if as a result of untreated
was in all probability a serious patient injury.
(4) minor patient or a patient with limited legal capacity may
without permission to provide emergency care, if it is a
A) cases pursuant to paragraph 3. b) or
B) medical services necessary to save life or prevent serious injury
.
(5) minor patient or a patient with limited legal capacity may
provide emergency care without the consent of the legal guardian if u
suspected of possible abuse or neglect.
(6) The provider is required hospitalization under paragraph 1. b)
or c) inform the person designated pursuant to § 33, unless such person
one of the persons close to, or a person from the same household, or
patient's legal representative, if they are known to him. Unless he
no person under the first sentence known or can not be reached, informs
Police of the Czech Republic.
(7) Without the consent can also provide other medical services if provided
such a law on the protection of public health.
§ 39
(1) The restrictions on the movement of the patient during the provision of health services may be used
A) grip healthcare staff or other persons designated to
provider
B) limit patient movement protective bands or courts
C) placing the patient in a net bed
D) placing the patient in a room designed for safe movement
E) the protective jacket or vest to prevent movement of the upper limbs
patient
F) psychotropic drugs or other medicines administered parenterally
which are suitable to restrict the free movement of the patient during
provision of health services, unless they are treating the request
patient or systematic treatment of psychiatric disorders or
G) a combination of the resources referred to in subparagraphs a) through f)
(hereinafter referred to as "restraints").
(2) of restraint can be used
A) only if the purpose of their use
avert immediate danger to life, health or safety of the patient or of others, and
B) only for the period that the grounds for their use by the letter and
).
(3) The provider is obliged to ensure that
A) patient who is of restraint used was considering his health condition
clearly informed about the reasons for limiting the use
resource
B) legal representative or guardian of the patient was on restraints
resources referred to in paragraph 1. b), c), d) and e)
without undue delay informed; Communication with the patient's legal representative
recorded in the medical records of the patient record
sign a medical worker and a legal representative or guardian
C) the patient for use of means of restraint was supervised
health workers; Supervision must match the severity of the medical condition of the patient and
must also be adopted such measures
prevent patient injury,
D) the use of means of restraint indicated by a physician;
in exceptional cases requiring urgent solutions, the use of restraints
resources and indicate other health professional
paramedical profession, which is present; the doctor must be notified of such use of means of restraint
informed immediately and must accept the justification
restrictions
E) any use of means of restraint was observed in
medical records of the patient.
§ 40
(1) The Provider shall notify the court within 24 hours
A) inpatient hospitalization according to § 38 par. 1 point. b) c);
similarly apply if a patient's legal representative or guardian consent of the patient
appealed, and there are still reasons for hospitalization
without consent
B) the additional restrictions patient who was hospitalized under
consent, the freedom of movement according to § 39 paragraph. 1 point. b) to g) or contact
with the outside world in the course of treatment.
(2) Hospitalization and additional restrictions patient trial notification,
if an agreement within 24 hours demonstrable way
subsequently pronounced.
Obligations of patients and other individuals
§ 41
(1) The patient is in the provision of health services must
A) comply with the proposed individual medical procedure, unless the provision of health services
consented,
B) to abide by the internal rules,
C) to reimburse providers of health services provided by the price
not covered or partially covered by public health insurance
or other sources that he was provided with his consent,
D) truthfully inform your healthcare professional about
current development of health, including information on infectious diseases
^ 16) on health services provided by other
providers on the use of medicines, including abuse | || substances, and other facts essential for the provision of health services
,
E) not to drink alcohol during hospitalization or other addictive substances and
undergo at the discretion of the attending physician in justified cases
examination in order to establish whether or not under the influence
alcohol or other addictive substances.
(2) The obligations under paragraph 1. c) and d) belong to the legal representative
patient or guardian. Legal representative or guardian
patient is obliged to create conditions for the fulfillment of obligations patient
according to paragraph 1. a), b) and e). Obligations under paragraph 1. a) a
d) if the patient is hospitalized, the patient's legal representative for
apply mutatis mutandis; obligation under paragraph 1. b), c) and e) applies
For a guardian.
(3) The patient, legal representative or guardian of the patient, the person designated
patient, a person close to the patient or person of common household
are required to prove their identity by identity card, if that
provider or health worker through which
provider gives the patient medical service requests.
Obligation to prove the identity card has also a person who raises
by this Act or another law right to information
patient's health, and the person who intends to visit a hospitalized patient
person and not by the first sentence. If it is a stranger to prove the identity
passport or other identity card
. If a healthcare worker question whether a person close
certify a person close to this fact an affidavit
stating your contact details and identity card numbers;
solemn declaration is part of the medical records of the patient.
(4) If the patient's legal representative or guardian of the patient refuses
proof of identity in accordance with paragraph 3 may
provider or health worker to refuse to provide health services, unless
a patient who is to be provided urgent care.
If it refuses to authenticate another person referred to in paragraph 3 may
provider or health care professional to refuse the person providing the required
synergy or not to allow her visiting a hospitalized patient.
This does not apply if the patient confirm the person's identity. A rejection of visits
provider or health care professional immediately inform
hospitalized patient or immediately after the communication of this information will allow
patient's condition.
§ 42
The rights and obligations of the legal representative by
A) of § 31 para. 5
B) in the case of the provision of health services with the consent of the legal representative
if there is a risk of default, and can not, without undue delay
obtain the parental consent;
into the medical records of the patient to record reasons for not
parental consent is obtained,
C) § 38 par. 2, 5 and 6
D) § 39 par. 3 point. b)
E) § 41 paragraph. 2 and 3,
F) § 47 para. 1 point. b) and
G) § 93 paragraph. 1
Also belongs, foster parents or other carers, statutory body
or a person authorized by an orphanage for children under 3 years of age
school facility for institutional or protective care or
social service facilities providing residential services if it was
court ordered institutional or protective upbringing or equipment
for children requiring immediate assistance in the case of children in care
this device based on a court decision.
TITLE II
Health services and provision PROVIDED homes for children
TO 3 YEARS
§ 43
(1) In homes for children under 3 years of age are provided
health services and provision for children usually under 3 years of age who
not grow up in a family environment, particularly children abused, neglected
, abused and threatened by inappropriate development in social
environment or children with disabilities. Provision means
food, housing, clothing and educational activities.
(2) Orphanages for children under 3 years of age can also provide accommodation
women during pregnancy, if for reasons of adverse life situation
endangering their health.
§ 44
(1) Persons required nutrition are obliged to contribute
providers to cover the provision of a child placed in a foster home for children under 3 years of age
and possibly also his guide. If people do not live the mandatory nutrition in
household is required to pay a contribution to cover pension
child person to whom the child is entrusted to education.
(2) The contribution to cover the provision of the child is reduced to a difference
proven income and the sum of the subsistence minimum mandatory nutrition persons and persons with her
jointly assessed and the amount needed to cover
normative housing costs ^ 23 ) submits a person liable
child nutrition provider documents to prove that their income after
payment of an allowance to cover the child's pension fell below the combined
subsistence households and normative housing costs. To
Subsistence household is counted subsistence minimum
child placed in a foster home for children under 3 years of age.
Contribution to cover the provision of the child is not required if it is lower than CZK 100 per month.
(3) If there is a change of household income, the person liable
nutrition, which pays contribution towards the provision of a child,
obliged to communicate this change providers within 15 days from the date when this change | || occurred.
(4) The amount of the contribution to cover pension child
take into account his age, taking into account their specific needs and the demands
related provision provided.
Implementing legal regulation stipulates the amount paid to cover the provision of the child and his
guide and method of payment.
(5) If they die or disappear provider who provide healthcare services
in an orphanage for children under 3 years of age, unless it is ensured
provision of health services and provision to children placed in these medical
facilities, ensure these children
provision of health services and provision in another foster home for children under 3 years of age region, in whose district
still provide health services.
PART FIVE
Status of the provider, medical workers and other professionals
WORKERS IN CONNECTION WITH THE PROVISION OF HEALTH SERVICES
The rights and obligations of the provider
§ 45
(1) The provider is required to provide health services at the appropriate
professional level, create the conditions and measures to ensure the implementation
rights and responsibilities of patients and other authorized persons
medical workers and other professionals in providing
health services.
(2) The provider is required
A) inform the patient about the cost of health services provided
not covered or partially covered by public health insurance
prior to their provision and issue a bill for paid
health services, unless another law otherwise,
B) to list the prices of health services not covered and
partly covered by public health insurance and place it so that the list
accessible to patients; It does not apply to providers of pharmaceutical care
,
C) establish operational and office hours and an indication of the place so that this information is accessible
patients
D) obtain medical facility is a visible indication that
must include company name, name or name, or names and surnames
providers, and identification number, if assigned,
E) in the absence or temporary interruption of the provision of health services
disclose patient information on the provision of emergency care
another provider within his surgery time
F) submit a report on the health services provided by the sponsor
provider in the field of general practice or in the field
practical medicine for children and adolescents, if he is the provider
known, and also on demand providers emergency medical services
or patient; registering provider in the field of dentistry or
in gynecology and obstetrics has a duty to convey a message just in case
when providing health services indicate registering
provider in the field of general practice or in the field of practical medicine for
children and adolescents,
G) over other providers of health services or social services providers
necessary information about the patient's condition
necessary to ensure the continuity of other health and social services provided
patient
H) prepare a list of health services which provide the required written consent
; It does not apply to providers of medical
ambulance services, medical transport services, patient transport
emergency care and pharmaceutical care,
I) inform the patient that the provision of health services
may participate in person gaining fitness for the job
medical worker or other professional staff, including
access to medical documentation, and that
patient, the presence of these persons in the provision of health services and access to medical documentation
prohibit
J) to take the patient to
First isolation, quarantine, treatment or medical supervision provided by
Law on public health protection, if the permission is required
health services to ensure
Second protective treatment ordered by the court, if it is a provider
providing this service under the Act on Specific Health
Services
K) to provide health services doctor indicated Prison Service
person accused or convicted of or placed in an institute for security detention in
deadline previously agreed with the Prison Service;
It does not apply to the provision of emergency care,
L) to participate at the request of the region, the regional authority granted him permission
to provide emergency medical services, pharmacy, emergency
services and emergency services of dentists; this does not apply if the
Prison Service,
M) to transmit data to the National Health Information System,
N) to conclude an insurance contract for insurance covering his liability for damage caused
in connection with the provision of health services, in
extent that it is reasonably foreseeable that it could affect such
responsibility; This insurance must continue throughout
provision of health services; a copy of the insurance policy provider is obliged to send
competent administrative authority within 15 days from the date of commencement
provision of health services,
O) provide information to the national contact point upon request
under the law on public health insurance ^ 50).
(3) The provider is also obliged
A) transmit patient medical report to the Labour Office of the Czech Republic -
regional office and the capital city of Prague for a branch of the main city of Prague
if the patient is not due to their health condition capable
fulfill the obligation to cooperate with the regional branch of the Office
work or branch for Prague in the mediation of employment
^ 24)
B) allow access to persons authorized by the competent administrative authorities,
protection of public health, the State Institute for Drug Control, contractual
health insurance, chamber, authorized clinicians review services
district social security administrations, employees of district
social security administrations charged with carrying out an inspection, the public
Ombudsman and authorized employees of the Office of the public Defender
rights for the purpose of identifying documents needed to carry out tasks under
this Act or other legislation governing the activities and
tasks listed entities and provide them with necessary assistance and
submit documents required for scrutiny and performance of their tasks;
Authorized persons entering must not interfere with the provision of health services
,
C) allow access to doctors and employees of official bodies in charge
inspection by the Health Insurance Act ^ 25) and
authorities from the Ministry of Interior or the Ministry of Justice
under the law on the organization and implementation of social || | security ^ 26) to detect the documents necessary for carrying
tasks under this Act, the Health insurance Act or the Act on
organization of social security in connection with the performance
tasks in pension insurance; the entry of such persons shall not be affected
provision of health services,
D) provide relevant administrative body, the Ministry and the State
Institute for Drug Control at its request, documents and information necessary for the preparation
to deal with emergencies and crisis situations
E) ensure interoperability members of international bodies in carrying out their tasks
arises if this obligation under international treaties to which the Czech Republic
bound
F) ensure compliance with reporting obligations and data communication by
Act regulating child protection.
(4) The provider is obliged to inform
A) the person designated by the patient according to § 33 para. 1, unless such persons
or if not reachable, spouse or registered partner, unless
such person or if not reachable, parents unless such person or
if not reachable, and other able persons close when he
known that patients arbitrarily abandoned medical facility inpatient care, and
B) the Police of the Czech Republic,
In cases where the interruption of health services is
seriously endangers the health or life of the patient or third parties.
§ 46
(1) The provider is obliged to ensure
A) that the patient be informed of their rights and obligations when
provision of health services and the internal rules;
internal order should not interfere with the rights of the patient beyond what is strictly necessary, in particular
for the proper functioning of medical equipment and respecting the rights of others
patients
B) the preparation, coordination and implementation of individual treatment procedure and
comprehensiveness, coherence and coordination in the healthcare
services
C) that the patient be informed about other health services and other social services
possible, that can improve their health, especially
about the possibilities of social, labor and educational rehabilitation
D) to another provider or other health worker from whom
patient requested counseling services were made available
information kept about the patient's health in medical
documents, which are to provide consulting services essentially | || necessary
E) to call a provider of emergency medical services immediately
cooperation in the provision of health services in emergency
events, mass poisonings or accidents, industrial accidents or natural disasters
, including the provision immediately following inpatient care
; It does not apply in the case of the Prison Service,
F) at the request or on the basis of the measures mandated by the competent authority
public health promptly participation of health workers
in the provision of health services during epidemics or risk
their origin; It does not apply in the case of the Prison Service,
G) that the health services were remand prisoners,
custodial sentence or preventive detention given the presence
member of the Prison Service, and only on sight, out of his earshot, with the exception of emergencies
life, health or safety
medical worker or other professional worker or
property when the member is entitled to be present at the performance of health services also
earshot.
(2) The provider is also required to ensure that persons preparing for
exercise of the medical profession conducted at clinical and practical teaching
practical education and practical training, which takes place at the workplace
only activities, including medical services, which are part
teaching or practice under the direct supervision of medical
worker who has the capability to independently carry
medical profession and in employment or similar relationship to that
providers. Where they are clinical and practical training or
practical training and work experience for the presence of medical
worker who is not in employment or similar relationship to
providers mentioned in the first sentence, and that is
A) teachers of practical education and professional practice of medical education courses
^ 27) or
B) academic who is a teacher of the medical field ^ 28)
Provider is obliged to ensure that the healthcare professional
not provide at his workplace health services and advanced
in conjunction with a medical professional mentioned in the first sentence.
§ 47
(1) The Provider day or inpatient care is required
A) provide hospitalization
First Patients minors separately from adults, at least
separate rooms, and the day it reaches 15 years of age,
Second women separately from men in separate rooms, with the exception
providing acute care intensive
B) stay permit legal representative or guardian, or a person authorized by them
together with the hospitalized patient or minor
patient with limited legal capacity unless it is equipped
medical facility or be disrupted delivery of health
or services such residence is not based on another law
excluded
C) promptly inform the patient's legal representative for the release of
day or inpatient care
D) to process the trauma plan, which adjusts a set of measures that
applied in mass disasters, and at least once every two years to update it
; one copy of the plan to pass
competent administrative authority within 30 days of its processing or updating;
during its processing based on local conditions and possibilities, and the results of its
Hearing pursuant to subparagraph e)
E) proposal of a trauma plan pursuant to subparagraph d), and for his
updates discuss with the competent administrative authority, if it is a teaching hospital
, with the Ministry; details on the content of trauma
plan and the process of its preparation and discussion with the administrative
authority or the Ministry in the implementing legislation,
F) equip the patient at discharge pharmaceuticals and medical devices
to 3 days or in justified cases, and other necessary
shortest time.
(2) If the patient is due to their health condition
able to do without the help of another person may be released from a one-day or inpatient care
after previous early notification of the person who will ensure that care
. To be released patient who is not ensured another
care provider about it in due time inform the municipal authority with extended powers competent
by the address of permanent residence of the patient, and
if the patient has permanent residence the capital city of Prague, informs
Prague city Hall; A similar procedure for minors
patients with severe social issues in the family.
(3) The provider is also required in order to ensure the quality and safety of health services provided
A) medical documentation to justify cases where
in health service provision deviates from the renowned
medical procedure
B) establish an internal system of evaluating the quality and safety of health services
; minimum requirements for the establishment of an internal evaluation system
ministry will publish in the Bulletin of the Ministry of Health
and on its website,
C) ensure that such use of antibiotics in a particular patient that has eroded
risk the rise of antibiotic resistance.
(4) The provider of inpatient care is required in the prevention and control of infections
prepare a program for the prevention and control of infections associated with health care
and ensure its operation. The focus of this program is to respond to the nature
provided health care and must be based on risk assessment
course of infections associated with health care in the particular circumstances of
provider.
(5) The registered provider or other provider that the patient
took into custody, he is obliged, if required by the patient's health condition,
give him a written recommendation to provide the specialized
outpatient care, day care or inpatient care.
The guidelines are written justification and important information regarding the health status of the patient
, including the results of tests and information about
yet made treatment.
§ 48
(1) A provider that patient choice may refuse to accept
patient into care if
A) by adopting a patient has been exceeded acceptable workload or hinder its adoption
operational reasons, staffing or
technical and material equipment of medical devices;
crossing bearable workload means a condition where the
providing health services to the patient reducing the level of quality and safety
health services provided to patients already adopted,
B) the distance from the place of residence of the patient did not allow the case
provision of health services in general practice and
practical medicine for children and adolescents performance Visiting services, or
C) is not the insured health insurance company with which the provider
entered into an agreement under the law on public health insurance;
this right does not apply to insured persons from other European Union countries
European Economic Area, the Swiss Confederation, or from states
with which the Czech Republic signed an agreement on social security
covering the material scope demands on health care.
(2) Provider may terminate patient care in case
A) proven to transmit a patient's consent to the care of another
provider
B) there is good reason for the provision of health services; It does not apply
case of registering the provider; the provisions of § 47 para. 2
not affected,
C) the patient expresses disagreement with the provision of any medical
service
D) the patient severely restricts the rights of other patients, deliberately
And consistently fails to comply with the proposed individual medical procedure, unless the provision of health care
consented, or do not follow
internal order and his behavior is not caused by a medical condition
E) ceased to provide the assistance necessary to provide further
health services; It does not apply if failure to provide synergy
related to the health of the patient;
Termination of care may not be an immediate threat to life or
serious patient injury.
(3) The provider shall not refuse to accept a patient into care under paragraph 1
or stop caring about him, pursuant to paragraph 2. d) or e)
case of a patient who need to provide emergency care, if
about childbirth or in terms of health services, which are necessary for the
protection of public health or public health at work, as in the case of
crisis or protective treatment ordered by the court if
another law provides otherwise.
(4) The provider also can not refuse to accept a patient into care by
paragraph 1, in the case of a patient
A) which has been providing health care Prison Service
interrupted due to the termination or suspension of remand
custodial sentence or placement in an institute for security detention
if it is to ensure consistency in provision of health services
begun in custody or imprisonment or
placement in the security detention; Prison Service, in which
medical facility, patients were provided medical services
if it is not known provider that takes the patient into
care, patient recall of information pursuant to § 45 para. 2 point. g)
B) in the remand prison or placed in
institute for security detention in the case of health services, which
Prison Service does not by prior arrangement with
Prison service;
This does not apply where the grounds for the provision of health services under paragraph 3.
(5) The grounds for refusing to accept a patient into care under paragraph 1 or termination
care under paragraph 2 considers the provider.
Provider of refusal of admission into care under paragraph 1 or termination of care by
paragraph 2. d) and e), or to refuse to provide health services
according to § 50 para. 2 shall provide the patient a written report indicating the
reason for rejection or termination.
§ 49
Obligations medical worker
(1) The medical officer shall
A) provide health services for which he obtained his professional qualification or specialized
under other laws, to the extent
corresponding to his ability, health condition of the patient, to
appropriate professional level and to ethical principles,
B) immediately provide first aid training to anyone if the
without this assistance has been threatened his life or seriously endangering the health and unless
help in time achievable in the usual manner, and provide him or her to provide
health services,
C) to fulfill other obligations stipulated by this Act or other laws and regulations
.
(2) The obligations under paragraph 1
A) point. a) and c) also apply to other professionals who
involved in the provision of health services,
B) point. c) apply to other professionals performing
activities in direct relation to the provision of health services.
§ 50
Medical worker rights
(1) A healthcare worker has the right
A) to obtain information from the patient that the patient who has
provide health services, is a carrier of infectious diseases
under the law on public health protection, and other important matters
related to the patient's health status ,
B) not to provide health services in the event that occurred during their
providing a direct threat to life or a serious threat to his health
.
(2) The healthcare worker may refuse to provide health services
patient if the disclosure would be contrary to his conscience or religious beliefs
. This fact is obliged to immediately inform
providers to ensure patient
another health care worker. If he can not
provider to another health worker to ensure patient another provider,
Which it provides health services when a patient
securing another provider will not refuse. Record of refusal to freeze
another health professional or provider is part of the medical
documentation; signs record patient and healthcare worker.
A healthcare worker can refuse to provide health services
patient for the reason mentioned in the first sentence, should the rejection occurred
endanger the patient's life or a serious threat to his health and
provider is unable to provide other health services
health worker. According to the first to fourth sentences shall apply mutatis
progresses, refuses to provide health care services provider.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to other professional
workers engaged in activities directly related to the provision of health services
.
§ 51
Maintaining confidentiality in relation to health services
(1) The provider is obliged to maintain confidentiality about all the facts
about which he learned in connection with the provision of health services.
(2) The breach of a duty of confidentiality is not
A) the transmission of information necessary to ensure continuity of health services
,
B) communicating data or other evidence if the provider is relieved
patient or legal guardian of patient confidentiality and communicates
If these facts or data in the scope of the waiver,
C) the disclosure or reporting of data or other facts
by this Act or other laws, unless this Act or other laws
implies that data or facts can be communicated
without patient consent,
D) the communication of information or other facts for the purpose of criminal proceedings
manner prescribed by the laws on criminal proceedings;
for breach of a duty of confidentiality is also not communicating data or
other factors in the performance of a statutory duty to prevent or
notify the commission of the offense.
(3) For violation of the mandatory confidentiality is not considered further data communication
provider or other facts to the extent necessary to protect
own rights in criminal proceedings, civil proceedings, arbitration
management and administrative proceedings, or disclosure
fact a court or other authority, if it is the subject of proceedings before a court or other authority
dispute between the supplier or his employee, patient or
another person claiming the right to compensation or protection of personality in
connection with the provision of health services; in this context
provider is entitled to submit expert witness, expert constitution chamber
or expert of his choice, whether
copy of the medical records kept by the patient for an expert or specialist
opinion requested by the defense, or participant in civil court proceedings
. This applies mutatis mutandis for the communication of information or other facts
for a person referred to in § 64 para. 1st
(4) For the breach of a duty of confidentiality is also not considered
communicating data or other evidence of a health professional who is a member
chamber, to the extent necessary for the proceedings by authorities in the chamber.
(5) Mandatory confidentiality pursuant to paragraph 1 also applies to
A) healthcare workers and other professionals, in
connection with the exercise of their profession
B) healthcare professionals or other professionals who have already
not exercise their profession, and information received in connection with the former
occupational health professional or other professional
worker or employment in the provision of health services | ||
C) the person acquiring fitness for the job
medical worker or other professional worker
D) persons referred to in § 65 par. 2 who consult without patient consent
into the medical records kept on him,
E) members of specialized committees under the Act on Specific Health
Services
F) the persons referred to in § 46 para. 1 point. g)
G) other persons in connection with their activities pursued
under other legislation to gather information about the health status of the patient
or information related thereto.
PART SIX
Medical documentation and National Health Information System
TITLE
I
PERSONAL DATA PROCESSING
§ 52
When processing personal data can be handled with a personal identification number of the patient
A) the medical records of the patient
B) in the National Health Information System, where
collection or processing or preservation
relate to a specific patient.
TITLE II
Medical documentation
Keeping medical documentation
§ 53
(1) The provider is obliged to keep and store medical records
and dispose of it in accordance with this Act and other laws.
Medical documentation is a collection of information under paragraph 2
related to the patient about whom it is directed.
(2) Health care documentation in accordance with the purpose of its focus includes
A) identification of the patient, which is the name or names,
surname, date of birth, social security number, if allocated, the number
insured health insurance, unless that number native
patient number, address of permanent residence in the Czech Republic
case of an alien place of registered residence in the Czech Republic and in the case
persons without permanent residence in the Czech Republic address
residence outside the Czech Republic ,
B) the patient's sex,
C) identification information provider, which is the name or
name, surname and address of the provider providing health
services in case of a natural person, company or name
provider, registered address or business address
in the case of a legal person, identification number, if assigned, the name of the department
or similar parts, if the medical device thus structured,
D) information about the patient's health, the progress and outcome
of health services and any other relevant circumstances
related to the health of the patient and the procedure when
provision of health services,
E) data obtained from the family, personal and professional history of the patient, and
if it is justified, whether the information from social history,
F) data related to the patient's death,
G) other information under this Act or other laws governing
health services or health care.
§ 54
(1) medical records can be under the conditions provided by law
kept in paper or electronic form or in combination
both of these forms. The electronic medical record is
procured, processed, stored and mediation in digital form
using information technology.
(2) Medical documentation, including its individual components must be kept
conclusively true, legibly and must be constantly replenished.
Entries shall be made without undue delay. If it is a
providing acute inpatient care, the record of current health status of the patient is carried
least once a day.
(3) Each entry in the medical records
A) in certificated form must be provided
First specifying the date of his execution,
Second signing health care worker or other professional worker
who carried out the registration and stamp of a label or legible
transliteration of his name, surname; It does not apply in the case
provider that provides health services on its own behalf,
B) in electronic form shall be provided with a record identifier;
Writing itself contains immutable, indisputable and verifiable
data, which are
First the date of the registration
Second identification data of medical worker or other professional
worker who carried out the record.
(4) Repair entries in medical records is done with new scrap.
The record date shall bear an indication of repairs and other essentials by
paragraph 3. The initial registration must be readable. In addition or correction
writing in the medical documentation at the request of the patient with the date and time of execution
write a note that it is a correction or completion
at the request of the patient; Minutes shall be signed by the patient and medical
worker who carried it out.
§ 55
Medical documentation can be conducted only in electronic form
following conditions:
A) the technical means used to store records electronically
ensure that the information in the records can not be made subsequently modified;
Technical means are organizational and technical measures
information systems, technical equipment and selected workflows
B) information system in which medical documentation in electronic form
, records a list of identifiers
records in electronic patient documentation maintained by the provider and allows
providing remote access,
C) security copies of data files is carried out at least once a
working day
D) before the end of the lifetime of writing on a data carrier is secured
transfer to another data carrier,
E) storing copies for long-term storage must be done in a way
make it impossible to carry out additional copies of these interventions;
these copies are made at least once per calendar year,
F) when kept copies for long-term storage for technical support
data is secured access to such data only to authorized persons and ensure their legibility
minimum period, which is set for
preservation of medical records,
G) paper documents that are part of the medical
documentation and require the signature of the person who is not a medical
worker or other professional worker must be converted into electronic form
which is recognized signs
electronic signature of the person who carried out the transfer; document in paper form will be retained
H) outputs from medical records can be converted to paper form
authorized document conversion ^ 29)
I) information system in which medical documentation,
must allow for the creation of a special copy of the stored medical documentation
in readable format and processed in another
Information System.
§ 56
Keeping medical records in the case of secret confinement
(1) Medical documentation of unrevealed birth according to § 37 is kept in
range of health services related to pregnancy and childbirth
secret. Separately from the medical records are kept name
surname of women, which are provided in connection with
pregnancy and childbirth undisclosed medical services, a written request for confidentiality
birth, date of birth and date of birth women.
(2) Upon termination of hospitalization of a woman who secretly gave birth
provider of complete medical record of the data referred to in paragraph 1
, puts it in a suitable container to be sealed and labeled
security code, which will also handed over to the patient.
Thus opening the sealed medical documentation is possible only on the basis
court decision; It does not apply, if requested by the opening of the medical documentation
woman who secretly gave birth.
(3) In the case of medical records electronic medical documentation was
converted to paper form and proceed
pursuant to paragraph 2; while the electronic form of medical documentation
removed from the information system.
Management of medical documentation in the event of termination of the authorization for the provision of health services
§ 57
(1) If the authorization to provide health services terminated by death
provider and does not work if you pursuant to § 27, is the one who lived with
deceased in the same household, or a person close to him or the owner || | object in which the health services are provided, if his death
known, or any other person who first came into contact with
medical documentation, must notify immediately the death
provider of relevant administrative body to ensure
medical documentation so that it is protected against by consulting or other
handling of unauthorized persons or loss.
(2) Persons referred to in paragraph 1 shall be prohibited to inspect medical documentation
. These persons are obliged
A) maintain confidentiality about all the facts they learned about
patients whose medical condition is kept
medical documentation, and other matters relating to the provision of health services
,
B) allow access to the building, which was located medical facilities
person authorized by a competent authority to take over, or
perform an inventory of medical records.
(3) The competent authority after the notification made under paragraph 1
A) immediately ensure medical records so that
Protected against by consulting or other handling of unauthorized persons
or loss, as long as the patient chooses a new provider
B) shall notify the receipt of medical documentation or transmission under §
63 paragraph. 2 another provider in the usual manner so that
ensure the widest possible range of information to patients, on whom the medical
documentation is kept; notice shall state the address of the place where
can submit a request for transfer of medical records provider
chosen by the patient, or also the address of the place where health
service provider to whom the medical documentation submitted,
C) provides for patients until they choose a new provider
or before any medical documentation regarding the services of occupational
forwarded to the relevant designated employer
extracts or copies of medical records, to the extent
necessary to ensure continuity of the provision of health services or if
necessary to assess the health status or medical fitness;
These activities may only carry medical worker
D) shall demonstrably ensures the delivery of medical records
providers chosen by the patient, based on the written request of the patient or
chosen provider;
provider chosen by the patient to his application a written statement made by the patient's choice;
Part of the application's name and surname of the patient, his
identification number, if assigned, or date of birth, place of residence
patient or place of registered residence in the Czech Republic
, or permanent address outside the Czech Republic, if the patient
stranger, and identification information of the selected provider.
(4) If the deceased provider ensures occupational
services for the employer, the competent administrative authority shall notify the receipt of medical documentation
employees the employer, if he is known.
Competent administrative authority based communications company passes this
medical records to another provider designated
employer.
(5) In the event of termination of the authorization to provide healthcare services provider
death, who led the medical documentation
only in electronic form, enabling those who lived with the deceased in a common household
, or a person close or the owner of the building in which they were
health services are provided, the competent administrative authority
access to information system in which medical documentation
patients.
§ 58
Natural person or legal entity referred to in § 27 para. 1, which intends to
basis of the authorization to provide health care services provider deceased
proceed in accordance with § 27 of the provision of health services,
proceed according to § 57 paragraph. 3 point. a), c) and d) and paragraph. 4 similarly. This
person until commencement of the provision of health services notify
way at the usual address of the place where you can submit requests to ensure
procedure under § 57 par. 3 point. c) and d).
§ 59
(1) A provider who intends to terminate the provision of health services,
is obliged to report information about the termination of its activities published at least 60 days before the intended
end, in a medical facility at
public place, or on its website.
Provider shall request the competent administrative authority and the municipality on whose territory
provides health services for publishing the information on its official board
; the competent administrative authority and the municipality are obliged to publish information
. The information shall state the date of the intended termination
activity, the date by which you can submit a request for transfer of medical documentation
providers chosen by the patient, and the address for submission
. If it is a procedure pursuant to § 23 par. 3,
provider of information indicating that a person intends to continue providing health services
.
(2) Service referred to in paragraph 1 at the handover of medical documentation
providers chosen by the patient progresses according to § 57 paragraph
. 3 point. d) analogy. Medical records of the
patients who have failed to submit a timely request for transfer of medical documentation
another provider, and its inventory shall provide the person an ongoing
in the provision of health services. If such a person is not forward
Medical records and the inventory of the competent administrative authority.
(3) A provider ensures occupational services, announces
intention to terminate the provision of health services at least 60 days before the intended termination
employers employees, of whom it is in the context of
pracovnělékařskými medical documentation services || | guided. The notice shall also state the period within which it is necessary that the employer told him
identifiable information the new provider.
Provider based communication employer prior medical documentation
provider designated by the employer. If the provider does not receive
communication by the second sentence within the prescribed period, forward
medical documentation and a list of the competent administrative authority.
(4) Pursuant to paragraphs 1 to 3 shall proceed accordingly, if crease
authorized to provide health services for reasons other than
specified in paragraph 1, and the provider is void authority known in advance.
§ 60
(1) Any natural or legal person whose authorization to provide
health services terminated by a decision of the competent administrative
authority is obliged to arrange the handover of medical documentation and inventory
competent administrative authority, within 10 working days from the date
decision comes into force.
(2) If the facts under which natural or legal
person referred to in § 58 can continue to provide health
services shall promptly transmit medical records and the inventory
competent administrative authority.
§ 61
(1) In the case of termination of the authorization to provide health services in connection with the abolition
state organizational unit or organizational component
territorial government and the provision of health services
A), other provider, is a dying branch
obliged to ensure the transmission of medical records and the ongoing inventory
providers
B) not continued by another provider, the provisions of § 57 par. 3 and 4
similarly that the medical documentation and its inventory of passes
competent administrative authority of the provider.
(2) Information on the closure of the founder publish
organizational component of at least 60 days before the intended termination, in
medical facility in a public place and manner
allowing remote access. The Provider shall request the competent
administrative authority and the municipality in whose territory provides health services on
publication of the information on the official notice board;
competent administrative authority and the municipality are obliged to disclose this information. The information shall
intended date of termination, the date by which you can submit a request for surrender
medical documentation
providers chosen by the patient, and the address for submission of applications;
further information in stating that medical documentation mCalling
providers chosen by the patient or designated by the employer will be submitted to the competent administrative authority
and the address of its registered office. In the case of termination of
provider that under an agreement with the employer ensures
occupational service announcement according to § 59 paragraph. 3 makes
provider.
§ 62
If the provider of medical documentation handed
legal or natural person who intends to continue the provision of health services, and have not yet happened
decisive for the continued provision of health services
proceed this person according to § 57 paragraph. 3 point. a)
c) and d) analogy. If it is a medical documentation regarding
of occupational services, ensuring its transmission based on communication
employer's employees, of whom it is in the context of
pracovnělékařskými services, medical records,
provider designated by the employer.
§ 63
(1) The competent authority to take over the medical records by
A) of § 59 para. 2 by analogy pursuant to § 57 par. 3 point. c) and d)
B) § 59 para. 3 by analogy pursuant to § 57 par. 4, or
C) § 60 or § 61 paragraph. 1 point. b) by analogy pursuant to § 57 par.
3, or according to § 57 paragraph. 4th
(2) The competent authority can carry out the tasks according to § 57 par. 3
point. c) and d) submit medical documentation another provider
provided that the provider agrees, for a period before the patient
Chooses another provider.
(3) The competent authority shall transmit medical records
providers pursuant to paragraph 2 on the basis of a handover protocol in
stating the inventory of medical records, identification data
Accepting provider, date and purpose of the takeover. Similarly
progresses forwards if the medical documentation other provider
newly elected providers.
(4) The inventory of medical records under § 59 or 60
competent administrative authority, provider or a natural or legal person shall
name and surname of the patient and his or her date of birth.
(5) Health care documentation and inventory must be submitted to the competent administrative authority or
providers or authorized
natural or legal person within 10 working days of the occurrence of the event
decisive for the transfer if this law provides otherwise.
§ 64
(1) The competent authority or a provider who took
medical documentation is required to grant access to medical documentation
natural person who was the provider, or
legal successor of the legal person who was the provider,
healthcare worker or other professional worker who was
employment or similar relationship to the provider, who led
medical records, and it needs to
A) proceedings before administrative authorities
B) criminal proceedings or proceedings before a court or other authority, if
subject of dispute between the former management or healthcare provider
worker or other professional worker and the patient or another person claiming
rights compensation or protection of personality
in connection with the provision of health services, or if the subject of proceedings
dispute between the former and the healthcare provider
worker or other professional worker
C) settling a dispute with a former patient
D) resolving a dispute with the insurance company.
The same procedure in the case of a natural person who lost
ability to perform medical profession.
(2) Persons who have been referred to in paragraph 1 granted access to medical
documentation
A) do not have access to data that is not related to the purpose for which it was granted access
,
B) are required to maintain the confidentiality of all data, which are
in connection with access to the medical records learned about
patients, health workers or other professional
workers or providers, with the exception of data
communicated to the competent authorities in criminal proceedings, courts or other authorities during
procedures referred to in paragraph 1
(3) The competent authority or provider will instruct persons, who were
under paragraph 1 shall be granted access to the medical records, a
obligations pursuant to paragraph 2. b).
Access to medical documentation, capturing her statements or copies
§ 65
(1) The medical records of the patient can be in the presence
employee authorized provider inspect the records of its extracts or copies
A) the patient's legal representative or guardian of the patient;
records to authorized psychological methods and describe treatment
psychotherapeutic means the patient can, legal representative or guardian
patient inspect it or make extracts or copies only to the extent
record a description of symptoms, diagnosis, description || | therapeutic approach and interpretation of test results,
B) the person designated by the patient, legal representative or guardian
patient, foster parent or other carer;
records in case of authorized psychological methods and describe treatment
psychotherapeutic agents proceed pursuant to subparagraph a)
C) persons close to the deceased patient to the extent specified in § 33 para.
4;
Procedures referred to in subparagraph a), b) or c) not to disrupt
provision of health services.
(2) The medical records of the patient may without his consent
seen if it is in the interest of the patient or if it is necessary for the purposes
under this Act or other legal
regulations, and to the extent necessary
A) persons with competence for the medical profession and others
professionals in direct connection with the provision of health services
who are employees of the provider, and other employees
Providers to the extent necessary for the profession, and the
due fulfillment of the tasks under this Act or other laws and
when evaluating the correct procedure for the provision of health services,
B) persons engaged in the performance of the competent administrative authority
in the context of the review of the medical opinion by another
legislation
C) persons to perform medical profession
First authorized by the competent administrative authority to draw up
expert opinion on the proposal to review the medical opinion,
Second authorized by the competent administrative authority, which assumed under this Act
medical documentation, acquisition statements or copies of medical records
to ensure continuity of health services for
patient
D) persons with qualification for the medical profession, which
involved in exercising the powers of administrative bodies authorized to carry
control the extent of their mandate in accordance with this Act or other laws and
authorized persons
for performing a medical profession invited to check the extent of their mandate
E) persons to perform medical profession entrusted
health insurers to carry out activities within the scope stipulated
law on public health insurance,
F) relevant medical workers under other laws to
health assessment for social security purposes, especially
sickness or pension insurance, state social support
employment, child protection, social services
and assistance in material need
G) persons to perform medical profession
authorized by the State Institute for Drug Control, authorized to exercise control
by this Act or other laws to the extent determined by those
legislation
H) persons involved in the registration data or controlling communication
data in the National Health Information System
under this Act
I) legal experts in the fields of health care and people with
capacity to perform the medical profession, which have been mandated to develop
expert opinion expert institute ^ 30)
provider or medical professional, to the extent necessary for the development
expert opinion for the purpose of criminal proceedings or proceedings before the court of
under other laws,
J) the doctors of the State Office for Nuclear Safety to the extent determined
other legislation,
K) persons with qualification for the medical profession, who are employees
public health bodies, exercising state
medical supervision
L) persons to perform medical profession
conducting the evaluation of the quality and safety of this Act and persons with competence
for the medical profession by external clinical audits
medical exposure under the Act on Specific Health Services,
M) Ombudsman in connection with the investigation under the law of another
^ 31) so as to ensure the protection of sensitive data
third persons
N) members of the delegation of the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment, or members of the delegation
Subcommittee on Prevention of Torture and other cruel, inhuman or degrading treatment or punishment
, to the extent necessary to meet targets
arising from international treaties to which the Czech Republic is bound
that regulates the work of the committee or subcommittee ^ 32).
Persons referred to in subparagraphs b) to n) can make copies or extracts
medical documentation to the extent necessary to fulfill the purposes
viewing.
(3) Persons receiving to work as a medical
worker or other professional workers and professionals
referred to in § 46 para. 2, into the medical records of the patient
inspect the extent necessary for provision of teaching;
It does not apply if the patient consultation proven banned.
§ 66
(1) If a person who is according to § 65 par. 1 or paragraph. 2 point. b)
to) to make the statement or copies of medical records,
not take the extract or a copy of their own funds on the spot, take a copy
Provider of medical documentation. Listing
medical documentation for the persons mentioned in the first sentence provider takes only when
if it is more efficient than a copy, in agreement with an authorized
person. Provider takes a transcript or a copy of the medical records
A) for persons referred to in § 65 par. 1 to 30 days of receiving the request
patient or other person authorized,
B) persons referred to in § 65 par. 2 point. b) to k)
to the extent necessary to fulfill the purpose of looking within 15 days of receiving a written request
If from another law does not follow a different procedure or if
been agreed otherwise.
(2) If the provider is unable to persons referred to in § 65 par. 1
ensure access to medical documentation takes for them to copy
medical documentation within 5 days from the date when the authorized person told
that access to medical documentation can not be provided if
been agreed deadline another. For a copy can not require reimbursement.
(3) A provider at the request of the person referred to in § 65 par. 1
taken a transcript or copy of medical records, may require
A) pay an amount not exceeding the costs associated with the acquisition
statement or costs incurred in obtaining copies of medical documentation
; prices for an extract or copy
medical documentation must be placed on a publicly accessible place patients
B) for sending their payment in the amount not exceeding
costs associated with sending them, unless another law or otherwise
if not paid for the acquisition of an extract or copy from public health insurance
.
(4) In the event that the medical records are held only in electronic form
, a patient or other person authorized pursuant to § 65
right to inspect remote access or to purchase a copy on a data carrier
who determines, unless there are technical possibilities
providers; This does not apply if required documentary form.
(5) The persons referred to in § 65 par. 2 point. b) to n) are required before
insight into medical documentation to prove their identity
identity card or other document bearing a photograph and
jurisdiction of the administrative body or institution or to submit written
credentials. In the case of persons referred to in § 65 par. 1 shall apply mutatis mutandis
§ 41 paragraph. 3 and 4.
(6) Any insight into medical documentation or acquiring its
statements or copies under this Act or any other legislation, with the exception
inspection pursuant to § 65 par. 2 point. a) and. 3
into the medical records of the patient record. According to the first sentence
shall proceed accordingly, if the rightful owner
provided under this Act or other laws
without the consent of the patient data or other information pertaining to a person
patient.
§ 67
If the medical records of minors
patient reported such information about its legal representative,
foster parents or other carers, which are
health worker learned in the provision of health services and which can || | draw the suspicion of abuse or maltreatment
patient or endanger their healthy development, the provider may restrict access
medical documentation such legal guardian or both
legal guardians, foster parents or other carers, if it deems that || | this restriction is in the interest of the patient. Access to medical records
can be restricted only in relation to data are derived from the fact
mentioned in the first sentence. The same procedure if the healthcare worker
suspected abuse or maltreatment
patient with limited legal capacity or another patient who is not a minor
patient or the patient with limited legal capacity.
§ 68
If the competent administrative authority took over the medical records,
the provisions of § 66 and 67 mutatis mutandis.
§ 69
Implementing regulation provides
A) the scope of data on the patient's condition and
facts relating to the provision of health services and the procedure for the provision of health services
kept in the medical documentation
B) details of medical records and content parts
medical documentation
C) details of the method of management, processing and handling
Medical documentation, regardless of the form
keeping medical documentation, including requirements for the creation of a special
copies of medical documentation
D) the period of retention of medical records, the procedure for discarding
medical documentation and the manner of its destruction after the expiry
preservation
E) format record identifier, the conditions placed on the format
record identifier and the conditions placed on the technical means for
medical records electronically.
TITLE III
National Health Information System
§ 70
(1) National Health Information System is a unified statewide
public administration information system designed
A) the processing of data on the health status of the population, the activity
providers and their economy on healthcare workers and
other professional workers in health care in order to obtain
information on the extent and quality of health services,
for health management and health policy creation,
B) to conduct national health registers and data processing have led
,
C) manage the National Registry of providers and the National Registry
medical personnel and data processing have led,
D) the execution and processing of surveys on the health status of the population
on health determinants, the need for and consumption of health
service and satisfaction with them and spending on health services,
E) for the needs of science and health research, and
F) to process the data referred to in subparagraphs a) and d) for statistical purposes
and provision of data and statistical information to the extent determined
this or any other legislation, including providing information to
international institutions.
(2) For the processing of personal data in the National Health Information System
pursuant to paragraph 1. b) and c) shall be forwarded without the consent of the data subject
^ 33), unless stipulated otherwise, the data, which are
if the data subject
A) patient
First information necessary to identify, and social security number, if
assigned, or personal identification number, unless that number social security number, date of birth
or, if not issued birth certificate number, and the name of the municipality and | || or name of the neighborhood or district,
address of permanent residence, and in the case of foreigners, address, place of residence and citizenship
,
Second information related to his state of health in relation to the disease and its treatment
, especially socio-demographic data and diagnostic
personal, family and work history of the patient's disease-related
including an assessment of its current health status,
data provided medical services to the patient, as well as performance data
occupation or employment or for the performance of duty,
needed to assess the health status of the patient,
Third identification information providers who provide health services
including departments and workplaces
Fourth employer identification data of the last patient in the case of
occupational disease
B) the provider, the data referred to in § 74 para. 1
C) healthcare worker data referred to in § 76 par. 1
D) social services provider, which provides health services, and
person providing medical services according to § 20, the data referred to in § 74 paragraph
. second
(3) The administrator of the National Health Information System is
ministry. The Ministry may entrust the management of the National Health Information System
or administration of a single register
referred to in § 72 para. 1 Institute of Health Information and Statistics
Czech Republic, the Coordination Centre for Health
departmental information systems or by established legal person or
General health insurance Company of the Czech Republic (hereinafter referred to as "designated legal
person").
(4) The data referred to in paragraph 2 shall transmit to the National Health Information System
if it is not granted by another legal regulation
^ 34)
A) providers and providers of social services, in the event that
provide health services
B) the National Reference Centre and a health insurance company,
C) the respective managers or other authorized processors such data
when it comes to data collected by other laws
D) in the case of the National Registry of providers according to § 74 also
competent administrative authorities, regional authorities and the person authorized by the administrator
National Health Information System,
E) in the case of the National Register of medical staff under § 76 also
First Schools providing secondary education in the fields of medical group
education, higher vocational schools and universities that are accredited
educational or study program, where graduates gaining
graduate professional qualification to perform medical profession under other laws
(hereinafter the "educational establishment")
Second accredited facility under the laws governing the eligibility to exercise
professions
Third legal entities which are authorized organizations under the laws governing
qualification of medical professions (hereinafter
"authorized organization")
Fourth Chamber
Fifth medical worker
6th Ministry
F) in the case of the National Register of drug treatment facilities also
social care services, facilities providing social services and prevention programs
social counseling provided by the Act regulating
provision of social services, whose target group is people | || risk of addiction or substance abuse,
G) the beneficiaries of care allowance ^ 35)
Ministry of Labour and Social Affairs.
(5) The persons referred to in paragraph 4
A) they are not entitled to reimbursement of costs associated with providing
data in the National Health Information System,
B) are required to enable the Ministry or the authorized legal entity
check the correctness and completeness of the data communication
to the National Health Information System.
(6) The data in the National Health Information System
be transmitted in electronic form or direct writing on technical media
manner stipulated by the implementing legislation.
§ 71
Cooperation of the Ministry of Interior, Police of the Czech Republic, Czech
Statistical Office and the Ministry for the provision of basic data
registers and other information systems in public administration
(1) The Ministry of the Interior or the Police of the Czech Republic provides
Ministry for the purposes of carrying out its duties under this Act and for
state administration in ensuring the National Health Information System
A) the reference data from the basic register of residents,
B) data from the agenda information system of civil registration
C) data from the foreigners information system,
D) information from the registry of birth numbers of individuals who have been
assigned a personal identification number, but are not kept in information systems
referred to in point b) or c).
(2) The data provided under paragraph 1. a)
) Name,
B) the name or names,
C) address of residence, and where appropriate address to be delivered
documents under other legislation
D) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,
E) the date, place and district of death; in the case of died outside the territory
Czech Republic, the date of death, place and the State in whose territory the death occurred
; if it is issued by a court decision declaring the death, the day
who is in the decision as the date of death or the date on which the data subject
declared dead survived, and the date of entry into force of this
decision
F) citizenship, or multiple citizenships.
(3) The information provided under paragraph 1. b)
A) the name or names, surname, maiden name,
B) date of birth,
C) gender
D) place and district of birth; for a citizen of the Czech Republic, who
born abroad, place and state where he was born
E) identification number,
F) citizenship, or multiple citizenships,
G) address of permanent residence, including previous addresses
residence, and where appropriate address to be delivered
documents under other legislation
H) the onset of permanent residence or date of withdrawal
information on the place of residence or date of termination of permanent residence in the Czech Republic
,
I) limitations on legal capacity
J) the name or names, surname and birth number of father, mother
or other legal representative; in the event that one of the parents or other legal representative
no personal number, name, or names,
surname and date of birth,
K) marital status, date of change and place of marriage,
L) date and place of registered partnerships
M) name, surname and ID number
spouse or registered partner; if the spouse or registered partner
natural person who has given a personal identification number, name, or
names, surnames spouse or registered partner and the date of his birth
,
N) the name or names, surname and personal identification number for the child; If a child
foreigner who does not have personal identification number, name, or names,
surname and date of birth,
O) details of the adoptive extent
First the degree of adoption,
Second the original and the new name and surname of the adoptee,
Third original and new personal identification number adoptee,
Fourth date, place and district of birth and adoptive child, who was born in
abroad, place and state where he was born
Fifth name, or names and social security numbers of adopters in
if the adoptive parent has not been assigned a personal identification number, information about the name,
, surname and date of birth adopters,
6th name, or names and social security numbers of father and mother;
if they were not allocated their name, surname and date of birth
,
7th effective date of the adoption order or the decision to cancel
adoption,
P) date, place and district of death; in the case of the death of a citizen of the Czech Republic
outside the Czech Republic, date, place and the State in whose territory
death occurred
Q) the day, which was in the court decision on declaration of death listed as
date of death or the date on which declared dead survived, and date
legal force of a court ruling declaring dead.
(4) The data provided under paragraph 1. c)
A) the name or names, surname, maiden name,
B) date of birth,
C) gender
D) the place and state where they were born foreigner; if he was born on the territory of the Czech Republic
, place and district of birth,
E) identification number,
F) citizenship or nationality, g) type and address
place of residence or address to be delivered
documents under other legislation
H) number and validity of residence permit,
I) start of residence, or date of termination of residence in the Czech Republic
,
J) limitations on legal capacity
K) administrative or judicial expulsion and period for which foreigners are not allowed
enter the territory of the Czech Republic,
L) marital status, date and place of marriage,
M) date and place of registered partnerships
N) the name or names, surname, citizenship, nationality or affiliation
spouse or registered partner and his personal identification number;
If the spouse or registered partner is a foreigner without
assigned a personal identification number, his name, surname of husband and
date of his birth
O) the name or names, surname, citizenship or nationality
of the child if it is a stranger, and his birth number; if
that the child will be assigned a personal identification number, name, or names,
surname and date of birth,
P) data on the extent adoptive
First the degree of adoption,
Second the original and the new name and surname of the adoptee,
Third original and new personal identification number adoptee,
Fourth date and place of birth, citizenship or nationality
jurisdiction
Fifth Social Security numbers of adopters; if the adoptive parent has not been assigned
personal identification number, information about the name or names, surname and date of birth
adopters,
6th Social Security numbers of father and mother; if they are not assigned, the data on their
name or names, surname and date of birth,
7th effective date of the adoption order or the decision to cancel
adoption,
Q) date, place and district of death; in the case of death of a foreigner outside the territory of the Czech Republic
, date, place and the State in whose territory the death occurred,
R) a day, which was in the court decision on declaration of death listed as
date of death or the date on which the alien declared dead survived.
(5) The data provided pursuant to paragraph 1. d)
A) the name or names, surname, maiden name,
B) identification number,
C) in the case of changing the personal identification number of the original birth certificate number,
D) the day, month and year of birth,
E) the place and district of birth, for individuals born abroad State on whose territory
was born.
(6) The data are kept as reference data in the basic register
population, the use of records information system
residents or foreigners information system only if they are in the shape
previous temporary state.
(7) The Ministry shall submit the medical service providers who
performed or gave birth postnatal treatment of babies, birth number
born child for the purpose of establishing the medical documentation and transfer
data in the National Health Information System.
(8) of the Police of the Czech Republic, the grantor on its request the following information
A) the address of the place of residence of the deceased patient
B) address of the place of residence of the patient, in which communication of that information
not his health,
C) address of the place of residence of the patient, who must provide information
regarding his state of health, whose failure to provide timely
may cause danger or injury to the patient or health hazard
others,
D) address of the place of residence of surviving spouse or surviving child patient
referred to in point b)
E) residence address of the patient's legal representative, who is a minor
person or guardian of a patient with limited legal capacity, which
with regard to their health status or age is not able to provide the information needed to locate
legal representative or guardian, or
deceased patient who was a minor or a person with limited legal capacity
.
If those data provider can not find out any other way, and if
are necessary to ensure conditions for the provision of health services.
(9) An application under paragraph 8 includes
A) identifying information providers,
B) identification of the medical worker, not the name or
names, surnames and his position among providers
C) the purpose for which the information is requested
D) personal identification number of the patient or the deceased patient, unless
providers known, other identifying data, especially name or
names, surname and date of birth,
E) personal identification number spouse, children or the legal representatives of the patient or the patient
deceased, and unless medical service providers known
other identifying details of these persons, in particular the name or names, surnames and
birthdate.
(10) The Czech Statistical Office shall provide the Ministry or its authorized
administrator of the National register of providers for security purposes
delivery of health services and the performance of the state administration in ensuring
National Health Information System of the basic
registry of persons subject kept in the registry of persons information to the extent
A) business name or name, or names and surnames,
unless the individual entrepreneur registered in the Commercial Register
B) the name or names, surnames and individuals doing business or
foreign persons
C) date or date of registration as under other legal
regulations
D) termination date or the date of deletion from the register under other legal
regulations
E) legal form
F) a record of setting up a data mailbox and identifier data box
if this data mailbox accessible,
G) the statutory authority, the name or names, surname and address at
natural person or the name and address of the legal entity
H) legal status
I) the address of the entity kept in the registry of persons or the address
business individuals
J) the date of commencement of operations at the facility,
K) the date of cessation of activities in the establishment
L) the address of the place of establishment
M) code agendas
N) the date of initial registration to persons
O) the date of the last modification data kept in the registry of persons
P) identification number,
Q) the identification number of the establishment.
(11) In the particular case of the data provided in accordance with paragraphs 2 to 5 and 10
or survey data referred to in paragraph 8 to use only such
data that are necessary to fulfill the task.
(12) The Ministry shall submit the information provided to him under paragraphs 2-5 and 10
providers of healthcare services to fulfill their tasks under
request. Request of the provider and the data transmitted to the Ministry
basis of this request are transmitted in a manner allowing remote access
.
(13) An application under paragraph 12 contains
A) identifying information providers,
B) basic identification data subject about which data should be transmitted
,
C) a desired range of data about the data subject pursuant to subparagraph b)
D) the purpose for which the data are required
E) other information needed to locate the requested data, unless the data subject
marked an unequivocal manner;
Request shall bear the electronic signature based on a qualified certificate issued
accredited provider of certification services
person authorized to act on behalf of the provider, if not
request is delivered via the data box.
(14) The Ministry will verify the applicant in the register maintained by him providers
assess communicated by the purpose of the application is justified and the justification
desired range of data and if a positive evaluation
transmit the required data; if the Ministry evaluates the request as unfounded
or restrict the scope of the required data, it shall inform
providers.
National Health Registries, the National register of National
register of medical professionals
§ 72
(1) As part of the National Health Information System
A) data from departmental Program surveys collected by
Law on State Statistics Service,
B) national health registers, which are listed in the Annex to this
Act
C) National Register of providers
D) National Register of medical staff
E) national health registers kept under the law regulating
transplant
F) data acquired from the information systems of infectious diseases led
under the law on public health protection
(hereinafter referred to as "health registers").
(2) The National Health Information System medical registries
create an interconnected system and for the purposes specified in § 73
is possible to associate the data in them kept. For the management of these medical
registers can use data obtained from the information systems of public
Administration and health insurers.
§ 73
(1) The medical registries is
A) gathering information to assess the health status of the population and its
development, to monitor the incidence of socially significant diseases and their consequences
; also serves as a basis for evaluating the effectiveness
diagnostic and therapeutic procedures and supporting or directing their development
subsequently with possible support facilities
medical equipment instrumentation,
B) monitor the development, causes and consequences not only serious diseases and
including economic consequences, and their impact in the social sphere and economy
social system
C) recording and monitoring of patients, including deaths, with selected
socially debilitating diseases, monitoring of the occurrence, development, causes and consequences of these diseases
continuity and other care, and registration and monitoring of patients with injuries
and further statistical and scientific data processing registers
focused mainly on the analysis of the health status of the population and quality
health care utilization to improve population health,
D) registration of providers, social service providers, who
provide health services and those providing medical services according
§ 20, staffing of health services and
technical and material equipment
E) evidence of health workers in terms of their authorization to exercise
medical profession and educational attainment,
F) obtain the necessary data for statistical purposes and the provision of information
.
(2) Access to personal information and other details contained in the medical registers
has nestanoví- if this Act,
A) authorized worker controllers and processors medical registry
B) the authorized health professional providers providing
patient health services, which are monitored in a healthcare
registry, if a registry referred to in § 72 para. 1 point. b), e) or f
)
C) the authorized employee of the person providing healthcare to register
data, if it is a registry referred to in § 72 para. 1 point. c)
and healthcare worker providing healthcare to register your details,
case of the register specified in § 72 para. 1 point. d) and, to the extent that
data provided; This does not affect access to the public parts
medical registries,
D) the authorized officer Coordination Centre transplants for use needs
anamnesis kept in medical
registers a deceased patient, which has been shown to brain death and
who is a potential donor, for the purpose of transplantation,
E) the authorized officer institution that has the legal right to use
date determined by the medical register for their business
(hereinafter the "authorized person"); authorized officer determines
a request submitted under paragraph 2 of the entities referred to in subparagraphs a) to e
). Entity entitled to make an application under paragraph 3 shall also mean
healthcare worker referred to in subparagraph c), which provides medical
to register your details.
(3) Access to personal information and other details contained in the medical
registers provide the authorized employee of the Ministry, on
a request submitted to the authorized body under paragraph
second The request is translated in a manner allowing remote access.
The application must include identification information of the entity making the request, and
authorized officer, the purpose for which the information that should be in the framework of the relevant medical
registry granted access, required
and extent of the required access rights. The Ministry shall notify the authorized entity
range of access rights to personal and other data kept in
relevant medical register. If the Ministry
access to personal information and other data kept in the relevant healthcare
registry fails to notify the body which made the request, the reasons for that
for doing so.
(4) The entity referred to in paragraph 2 shall, without unnecessary delay the Ministry
change the facts on the basis of which was secured
authorized employee access to personal and other details contained in the medical
registry. Ministry according to the severity of changes in access
canceled or changed. The Ministry also revoke access on request
authorized entity.
(5) For statistical and scientific purposes provided by the ministry or
designated legal entity from national health registers
data only in anonymous form.
National Register of Providers
§ 74
(1) The National Register of providers includes structured data
providers, and this
A) identifying information providers to the extent specified in the decision
authorized to provide healthcare services
B) information about professional representatives within the range specified in the decision
authorized to provide healthcare services
C) the address of the place or places providing health care services and other
contact information providers, such as telephone, fax, address
e-mail, website address and a data identifier
mailbox
D) the form of health care, the health care industry, or type of health care
under § 5 para. 2 point. f) to i), or the name of health services
according to § 2 para. 2 point. d) to f), and for each place of delivery,
E) the date of commencement of the provision of health services,
F) the interruption of health services
G) a statement about the suspension of the provision of health services,
H) a statement of termination of the authorization to provide health services
I) an indication of the continuing provision of health services according to § 27
J) operating and office hours,
K) list of health insurers with whom it has concluded an agreement according
law on public health insurance,
L) information about how to obtain confirmation of the conditions for evaluating the quality and safety
health services provided under this Act,
M) the number of beds by forms of health care in acute inpatient care division
intense, acute inpatient care standard, inpatient care and
Long-term inpatient care, according to the health care industry and the number of beds
according to the type of health care when it comes to medical rehabilitation care
or spa treatment rehabilitation care.
(2) The National Registry of Providers also be recorded data
A) by social service providers, who provide medical services to the extent
pursuant to paragraph 1. a), c), d), e), k) and m)
B) of the persons providing health services in accordance with § 20, and the data
listed in the document proving their entitlement to provide health
services in another Member State of the European Union, European Economic Area or
Swiss Confederation, contact address and other contact details
pursuant to paragraph 1. c) start and end dates
provision of health services in the Czech Republic,
ban on the provision of health services in the Czech Republic and its duration.
(3) The contents of the National register of providers is
A) publicly available on the website of the Ministry
with the exception of the address of permanent residence or reported physical
person and professional representatives and their dates of birth,
B) accessible providers, social service providers and
person providing health services in accordance with § 20, and the extent of data about them
processed,
C) accessible to authorized staff of the administrative office and
regional office, which announced the provision of health services
according to § 11 para. 8 and § 20 para. 2, in the range of data processed in
registry for the purpose of state administration in the area
health
D) accessible to authorized employees of legal entities providing data collection
into the National Health Information System
E) accessible to authorized employees health insurance to the extent
all data processed in the registry, in order to implement
public health insurance.
§ 75
(1) The National Registry of Providers transmits data by
A) of § 74 para. 1 point. a) to i) the competent administrative authority
B) § 74 para. 2 Regional Office, which was announced
provision of health services according to § 11 para. 8 or according to § 20 para. 2
C) of § 74 para. 1 point. c) j) to m)
providers and social services.
(2) The competent authority, the regional office referred to in paragraph 1. b)
providers and also transmitted to register any change in this information.
(3) The competent authority, the regional office referred to in paragraph 1.
B) providers and social service providers to transmit
registry data and their changes electronically
manner specified by the implementing legislation. The structure of the transmitted data sets
ministry in healthcare data standard.
National Register of medical professionals
§ 76
Canceled
§ 77
Canceled
§ 78
Implementing regulation provides
A) the group of suppliers and other persons transferring personal data and other
into medical registries,
B) the procedure, method and form of transmission of the required personal and other data to
medical registries,
C) the periodicity and deadlines for transmission of the required personal and other data
into medical registries,
D) particulars of the application for permission to access personal data and other
details contained in the medical registers repealing this
permission.
PART SEVEN
WASTE Removed human body parts, calf deceased
PROCEDURE FOR DEATH AND autopsy
§ 79
The acts on the body of the deceased
(1) The body of the deceased can perform only those tasks
A) examination of the body of the deceased,
B) an autopsy, including a sampling of biological material for diagnostic purposes
C) removal of organs for transplantation according to transplantation law,
D) the procurement of tissues and cells intended for human applications, and it
First for the treatment of recipients of human tissues and cells transplant
according to the law and the law on human tissues and cells
Second for the manufacture of drugs by the Pharmaceuticals Act and the Act on human tissues and cells
,
E) collection of human body parts, including tissues and cells for their
use to medical science, research or educational purposes, and other purposes
, if so provided by other legislation
F) removing implantable medical devices and active implantable medical devices
, if appropriate;
removing dental fixed prosthetic products is prohibited
G) other tasks stipulated by the funeral.
(2) Acts on the body of the deceased, except for examination of the body of the deceased,
procedures under the Transplantation Act and Regulation autopsy cases
authorities involved in criminal proceedings under any other legal regulation 37) may be carried
first 2 hours after the death.
(3) Collection of biological material from the body of the deceased can only be done in the context of
autopsy, even outside a health facility; It does not apply when
procedure under other legislation governing
transplants and procedures to ensure the quality and safety of human
organs, tissues and cells.
Dealing with human body parts harvested from the patient while providing
health care and dealing with the body of the deceased and parts taken from the body of the deceased
§ 80
(1) Collection of human body parts, including organs, tissues or cells (hereinafter
referred to as "body part") can be carried out only for health care or for
scientific, research or educational purposes in health, or
where provided another piece of legislation, and it
provider in a health care facility.
(2) When taking body parts and use the body of the deceased and handling
according to the intended use of proceeds under this Act or other
legislation governing the treatment of human organs, tissues or cells
.
§ 81
(1) Part of the body taken from the patient in health care or
body of the deceased, including parts taken from the body of the deceased, can be kept and used
A) for the purposes of science, research or educational purposes in the health
B) for use in the treatment of recipients of human tissues and cells under the Act on
human tissues and cells
C) for the purpose of transplantation under the law regulating transplants,
D) for use in the manufacture of drugs under the Act on drugs and the law on
human tissues and cells
E) for the purposes stipulated by law.
(2) For purposes by
A) paragraph 1 point. a), b), d) or e) of the body can be consumed
patient in health care use if
First the patient about the possibility of its preservation, donation and use
filed information provider and patient with the expressed under this Act demonstrable consent
and
Second when used for the purposes referred to in paragraph 1 point. b) or d) were
conditions under the Act on human tissues and cells
B) of paragraph 1 point. a), b), d) and e) may be the body of the deceased, including
parts taken from the body of the deceased used if
First with the deceased during his lifetime expressed under this Act
demonstrable consent
Second when used for the purposes referred to in paragraph 1 point. b) or d)
been deceased for his life given information about the possibility of donating
tissues or cells for such purposes, the collection, preservation and use and were
conditions under the Act on human tissues and cells and | ||
Third It will not frustrate the purpose of dissection, especially in cases where a
suspect that the cause of death is a crime or suicide;
if the deceased during his life did not demonstrable consent may
demonstrable consent pronounce a person close to the deceased.
(3) At the request of the physician or the patient's legal representative
provider for carrying out the pathological-anatomical autopsy
collected biological material to provide consulting services
according to § 2 para. 2 point. b) another provider in the field of pathological anatomy
.
(4) Consent is not required in the case of
A) the use of biological material for the purpose of teaching, scholarship or research
taken from the patient in health care or in connection
autopsy of the body of the deceased, if u biological material or
relating to its use in teaching, science or research
not include such information, from which it would be possible to identify the patient or
deceased person; in the case of the use of biological material for teaching, research or
research in genetics, follow a different legal
regulation governing the specific health services
B) Life-Saving training of health performance coniotomy
puncture or tension pneumothorax, the training can be done only within
pathological-anatomical dissection and autopsy or medical condition that
not frustrate the purpose of the autopsy, especially in cases where a
suspect that the cause of death is a crime or suicide.
(5) saying a demonstrable consent to the preservation and use of body parts
patient or the body of the deceased, including parts taken from the body of the deceased, means
A) the written consent of the patient or the deceased outspoken in his life
or the relatives of the deceased with their notarized signature or
B) a record of the patient's consent spoken in a medical facility;
Record signs the patient and the healthcare worker;
if the patient with regard to their health status can not sign the record confirming his
unequivocal expression of the will of his signature health care worker and person
close to the patient, and there is not present, a witness; the record shall
way the patient demonstrated their willingness and health reasons preventing
signature of the patient. Written consent or statement of consent and
record of filing information under paragraph 2. a) 1 or
paragraph 2. b) Section 2 is part of the medical records kept
patient; component permission is intended purpose.
(6) Part of the patient's body or the body of the deceased, including parts taken from the body of the deceased
, can be kept and used only if there is no health hazard
another person. For this purpose, assess the medical fitness
patient or the deceased. For the assessment of medical fitness when the
other law stipulates otherwise, the grantor who
provides health services within which the removal.
(7) The use of the patient's body or the body of the deceased, including
parts taken from the body of the deceased can not be a source for any financial or other
compensation or other benefits. This shall not prevent payments efficiently, economically and
demonstrably incurred direct expenses incurred in connection with
handling part of the patient's body or the body of the deceased, including
parts from the body of the deceased, it is with the purveyance, testing, || | storage and processing.
§ 82
(1) When dealing with the fetus after abortion and the fetal egg without
packaging fetal bed (placenta) or pregnancy mucosa, which
been excluded or expelled from a woman's body, shall apply mutatis mutandis § | || 81 that the fetus after abortion can only be used for scientific, research
or for educational purposes.
(2) the fetus after abortion means a fetus that after complete expulsion or
exemption from the mother's body does not show any signs of life, while
its birth weight is below 500 g, and can not be measured ,
if the pregnancy is less than 22 weeks. Biological residues
abortion is primarily mean gestational placenta and mucous membranes.
To Death
§ 83
(1) Death of the person or finding the body of the deceased outside a health facility
provider to announce provider or doctor referred to in § 84 paragraph
. 2 point. a) or b). If there are providers or doctors by
first sentence known, notify death or the discovery of the body of the deceased to
single European emergency number 112. The discovery of the body of the deceased outside
medical equipment provider to announce the single European || | emergency number 112.
(2) The notification obligation under paragraph 1 is everyone who is on death
learned or found the body of the deceased or his part and does not know whether the death
or finding the body or its parts have already been announced.
§ 84
(1) examination of the body of the deceased should be performed routinely;
its purpose is to determine a person's death, the likely date and time of death,
probable cause of death and to determine whether an autopsy. In embodiments
examination of the body of the deceased is made marking the body of the deceased.
(2) Inspection corpses are obliged to ensure
A) providers in the field of general practice and in the field
practical medicine for children and adolescents with their patients registered
within the operating time and the extent of implementation of the guest services;
perform inspections must not lead to distortions in the provision of health services,
B) unless the procedure under a), a doctor performing medical
Emergency room or a doctor or provider with whom the county for these purposes
entered into an agreement
C) the provider, in which medical facility the death occurred
D) a provider of emergency medical services in cases where the death occurred
in the provision of pre-hospital emergency care.
Inspections carried out by doctors with specialized qualifications.
§ 85
Tours of people who died in a training area or facility
armed forces or while on duty, doctors will perform
armed forces. Inspection of persons who have died in custody, custodial
liberty or security detention by a doctor of the Prison Service
if available, or other provider according to § 84. 2nd
§ 86
(1) The physician conducting an examination of the body of the deceased
A) complete the relevant part of the leaves on a tour of the deceased and ensures the delivery
its individual parts to the bodies implementing
regulation
B) determine whether a pathological-anatomical autopsy or medical
under this Act,
C) Death or finding the body of the deceased informed
person close to the deceased, if he is the person known; information is included in a communication on determining
autopsy and identification information provider who performed the autopsy
,
D) indicated in cases in which this legal obligation
do an autopsy, or in cases where autopsy determined her performance in
List of Inspection deceased
E) where the designated autopsy ensure
transporting the body to the deceased's autopsy
F) when failing to perform an autopsy report is forwarded to the death of the sponsor
providers in the field of general practice or
in practical medicine for children and adolescents, where he is known as
doctor conducting an examination of the body of the deceased is not at the same time authorizing this
provider
G) promptly notify the Police of the Czech Republic, jde- if a
First suspicion that the death was caused by a criminal act or suicide,
Second unknown identity of the deceased,
Third deaths that occurred under unclear circumstances;
doctor conducting the examination of the body of the deceased performed only necessary actions so as not to destroy or damage
available evidence suggests that there has been
committed a crime, or that it is a suicide
H) inform the Police of the Czech Republic if it does not know
person close to the deceased, or it was impossible for death to notify, in order
find a person close to the deceased and convey information about the deaths.
(2) Through the List of examination of the deceased's personal identification number
deceased patient is transferred within the matrix according to another legal regulation
^ 38), the Institute of Health Information and Statistics of the Czech Republic
, the Czech Statistical Office and operators funeral services.
(3) If the doctor conducting the examination of the body of the deceased suspect that
cause of death is a dangerous infectious disease or that it is a
a patient with this disease was the cause of death of an illness, or if it
about the death of a patient with this disease, immediately informs the relevant
public health authorities. Public Health Authority
shall lay down the conditions for the transport of the deceased, autopsy and
for burial; Until these conditions may not be the body of a funeral service
issued.
(4) If the doctor conducting the examination of the body of the deceased suspect
deceased contamination by a radioactive substance, or if it has
suspect that the cause of death of the patient radioactive contamination
substance or jde- If the death of a patient contaminated with radioactive material
promptly notify this to the State Office for nuclear
safety and public health authorities. The State Office for Nuclear Safety
shall lay down the conditions for the transport of deceased
autopsy and burial; Until these conditions can not be
Body funeral service issued.
§ 87
Procedure for emergencies with mass death
(1) Special event with mass death is an event in which he dies
usually more than 10 people. Doctors provider of emergency medical services
who arrive to the point of finding victims interfere
A) in the place of discovery of bodies or
B) in the outer zone 39 ^), where
First classifies victims according to the degree of disability or
Second note death.
(2) of the Police of the Czech Republic makes the identification of the deceased, ensuring
finding their place or places of gathering corpses.
Commander of the Police of the Czech Republic ^ 40) to ensure summoning a doctor
competence in the field of forensic medicine and doctor according to § 84 par. 2 point.
B), which can arrange tours of corpses. In the event that there is a reasonable suspicion
that dead bodies are contaminated by chemical, radioactive or
dangerous biological materials to ensure
calling the police or army specialist on the issue.
Autopsies
§ 88
(1) Autopsies are
A) of Pathology, which are carried out in order to determine
underlying disease and other diseases, complications of disease and identified
verify the clinical diagnosis and medical treatment for deaths in healthcare facilities
deaths from the disease causes ,
B) health, which are carried out to determine the cause of death and other
clarification in terms of health and compelling circumstances
mechanism of death among people who died outside a health facility or
it sudden, unexpected or violent deaths, including suicide,
C) court, which was carried out on suspicion that the deaths were caused
offense, according to another legal regulation 37)
D) anatomical, performed for educational purposes or for the purposes
science and health research.
(2) Pathological-anatomical autopsy performed providers in the field
pathological anatomy. Unless specified otherwise in this Act, shall be carried out
pathological-anatomical autopsy mandatory
A) in women who have died in connection with pregnancy, childbirth,
miscarriage, abortion or confinement,
B) for fruit from artificially aborted pregnancies carried reasons
genetic indication or indications of congenital malformations of the fetus,
C) children of stillbirths and deaths under the age of 18,
D) of patients who died during surgery, non-surgical intervention
performance in relation to complications related to surgery or nonsurgical intervention
power or at induction of anesthesia,
E) if the deceased body of collection authority for the purpose
transplants of tissues or cells for use in human or removed
part of the body for research or educational purposes; when
Transplant Act provides for the implementation of autopsies otherwise, proceed according
Organ Transplant Act,
F) in the event that the deaths were associated with serious adverse event
a clinical trial medicinal product or
adverse event in clinical trials of a medical device
or in connection with the verification of new knowledge using methods
not yet in clinical practice on a live human introduced, or in case of suspicion
these facts
G) if there is suspicion that the death occurred in the context of organ
for transplantation or tissues or cells for human use.
(3) Health autopsy performed providers in the field of forensic medicine.
Unless specified otherwise in this Act, performs the autopsy mandatory health
A) when sudden and unexpected deaths, if during the inspection
body of the deceased was not possible to unambiguously determine the cause of death,
B) at all violent deaths, including suicides,
C) suspicion that death may be causally related to improper
procedure for the provision of health services, which expressed
healthcare worker involved in providing health services,
doctor who performed an inspection body of the deceased,
or a person close to the deceased,
D) suspicion that death could have been caused in connection with
substance abuse
E) persons who died in custody, imprisonment or security detention
.
(4) If at the same time a mandatory autopsy pathological-anatomical and medical
, performs the autopsy health.
(5) The Court of autopsies performed providers in the field of forensic medicine.
Transporting the body to the deceased's autopsy and back provides and pays
body acting in criminal proceedings, which it ordered. Well paid and all other costs associated
autopsy.
(6) autopsy can be performed only university college
Which are accredited bachelor's or master's degree program
whose graduates obtain professional competence to pursue
medical profession, to designated sites;
can be carried out if the conditions were met for the body of the deceased by
this Act. Transporting the body of the deceased for anatomical dissection and back
implementation of the autopsy and the body deposition provides a cost borne
University College.
(7) If, in an autopsy carried out in accordance with paragraph 2, 3 or 6
there is suspicion that the death was caused by the offense or the circumstances of the death are unclear
autopsy is interrupted. Notify
provider immediately Police of the Czech Republic; if body active in criminal proceedings directed by
within 2 hours of this announcement
autopsy by another law, the provider can complete autopsy interrupted.
§ 89
(1) A provider who performed the autopsy, to ensure the completion of the relevant parts
List of examination of the deceased and transfer these parts
place of their destination.
(2) A provider who performed the autopsy, is obliged to inform in writing on the outcome
A) providers in the health care facility has died
patient
B) from a registered provider in the field of general practice
or in practical medicine for children and adolescents, if he is known.
(3) The physician conducting an examination of the body of the deceased or provider
conducting an autopsy may decide not to carry out pathological-anatomical autopsy
according to § 88 par. 2 point. a) or c), or medical autopsies according to §
88 paragraph. 3 point. b) or d) when it comes to death, whose cause is obvious and
deceased patient for his life
patient's legal representative or a person close to the deceased expressed their disagreement with proven
performing the autopsy.
(4) a proven disagreement with performing an autopsy is part
medical records of the deceased; in the case of stillbirth is
included medical records of the mother.
(5) The provider conducting an autopsy may decide
A) performing a pathological-anatomical or medical autopsy, even if not intended
doctor performing examination of the body of the deceased according to § 86 par. 1
point. b)
B) non-pathological-anatomical or medical autopsy, which is mandatory
according to § 88 par. 2 or 3 and the implementation of which the doctor diagnosed
conducting an examination of the body of the deceased, when it comes to death, whose cause
it is obvious.
(6) The decision of the non-medical autopsy is a provider in the field of forensic medicine
obliged to inform the Police of the Czech Republic.
§ 90
Dead body must be in a medical device at a time when it
no operations are performed, is stored in the cooling device providing
permanently maintaining the temperature between 0 ° C to +2 ° C. In the case where the time
body deposition in a medical facility by finding deaths exceeds 1
week or when required by the state body of the deceased should be the body of the deceased
stored in refrigeration equipment ensuring sustained keep the temperature lower than
-10 ° C.
§ 91
Body parts collected in connection with the provision of health services,
fetus after abortion, fetal egg, amniotic fluid bed (placenta)
pregnancy or mucosa, collected body parts of the deceased or tissues and cells, which were intended
for the production of drugs for scientific, research or educational purposes
or organs, tissues and cells intended for use by
laws governing the treatment of human organs, tissues or cells and
been used for that purpose, was cremated incinerator provider
absence provider's own incinerator, incinerator
another provider or in a crematorium, on the basis of a contract with another
provider or operator of a crematorium. The same procedure
case of removal of body parts of the deceased, which were used for scientific,
research or educational purposes that the ash and ensures
paid by those who used it.
§ 92
The implementing regulation lays down requirements List of Inspection
deceased, his way of filling, destination
its individual parts, the procedure for their transfer destination and the notification of
abortion, the death of the child and maternal deaths .
PART EIGHT
COMPLAINTS
§ 93
(1) procedure against the provider in the provision of health services or
against activities related to health services may file a complaint
A) patient
B) legal representative or guardian patient
C) a person close to the case, the patient can not do so with regard to
his condition or if he died or
D) any person authorized by the patient.
Complaint should be filed providers against which it is directed;
This does not affect the possibility to lodge a complaint under other laws.
Filing a complaint may not be the person who brought it, or subject, which is
complaint relates to the injury.
(2) If the person who filed a complaint with providers (hereinafter
"the complainant"), with its execution disagrees, may lodge a complaint
competent administrative authority which has granted
this provider authorized to provide healthcare services. At the same time stating the reasons
disagreement with the settlement of complaints provider.
(3) The provider is required
A) propose to the complainant oral hearing complaints, if
with regard to the nature of the complaint suitable
B) resolve complaints within 30 days of its receipt;
this period can reasonably be extended for a further 30 days; in the case of a complaint, to whose execution is
jurisdiction, it shall be within 5 days of its receipt
demonstrably materially advance the competent body; to extend the deadline
and referral of the complaint is obliged to inform the complainant
C) keep records of the filing of complaints and the manner of their execution,
D) allow the complainant to inspect a particular file the appeals and
make copies of it,
E) in the case of the investigation of the complaint to the competent administrative authority, provide
at his own request timely and necessary cooperation; It also applies to
providers who provide health-related services.
(4) The provider of inpatient or day care is also obliged
A) develop a procedure for dealing with complaints
B) the procedure under a) and information about making a complaint
entities referred to in paragraph 2 shall publish in a medical device
public place and on its website.
(5) The investigation of complaints against persons procedure for the provision of health
services being provided by the Prison Service, the respective director
organizational units of the Prison Service as Director General of the Prison Service
authorize a complaint investigation, another person .
§ 94
(1) The competent authority shall
A) resolve complaints
First within 30 days of its receipt,
Second within 90 days of its receipt, the case of a complaint, the
to whose execution is necessary to establish an independent expert
Third within 120 days of its receipt, the case of a complaint, the
to whose execution is necessary to establish an independent expert committee;
Deadline for resolving complaints in accordance with paragraph 2 or 3 shall commence on the date when
competent administrative authority established an independent expert or an independent expert committee
; the deadline referred to in point 1, the competent administrative authority
reasonably be extended by another 30 days, and the deadline pursuant to paragraph 2 or 3 o
a further 60 days; The competent authority shall establish an independent expert
or an independent expert committee without undue delay; in the case of
complaint to whose execution is not competent, he is required to
5 working days of its receipt demonstrably materially advance
competent body; to extend the deadline and the referral of the complaint
is obliged to inform the complainant
B) develop procedures for handling complaints and identify workplace
regional authority to receive complaints,
C) publish the procedure referred to in point b) and address of the designated office,
office hours and contact this department on the notice board,
D) keep records of the filing of complaints and the manner of their execution,
E) to enable the complainant to inspect a particular file the appeals and
make copies of it.
(2) The competent authority may terminate the investigation of the complaint, if it is a
complaint to whose execution is necessary
access to medical records of the patient whose complaint relates, or a copy
or extract from these documents, if the consultation and
possibly also with making a copy or extract did not make this agreement
Patient, legal representative or guardian of the patient. If the patient is unable
considering his physical condition express their will, this may
agreement to grant the complainant referred to in § 93 paragraph. 1 point. c) or d)
scope of his mandate. The competent administrative authority is obliged to inform
completion of the investigation of the complaint under the first sentence and the reasons which led to
, the patient whose complaint relates to the complainant if it is not
patient and provider to which the complaint relates.
(3) A complaint filed by a person who is not listed in § 93 paragraph. 1
competent administrative authority to assess a stimulus for inspection. In
within 30 days of its receipt in writing to the person listed in the first sentence
about how the complaints were dealt with.
(4) The competent authority may, based on a complaint or ex officio
or another initiative, especially for the assessment of cases in which
doubts arose whether it was in the provision of health services followed the correct
procedure, or to eliminate the causal link between
incorrect procedure and the injury to the patient's health
in providing health services, establish
A) independent expert; experts from the institute always directed
If a complaint or a complaint against the proper procedure for the provision of health services,
or alleged injury to the patient in the provision of health services and
suggestions or complaints not manifestly unfounded
B) by an independent expert committee; Commission shall be established always, if
First independent expert on the assessment of medical records
its establishment suggests, or
Second its discretion is a case where an assessment by an independent expert
is professionally inadequate or need to assess the potential harm to health
in the provision of health services with the consequence of death of the patient and
complaint or other stimulus is not manifestly unfounded.
§ 95
(1) Members of the Independent Commission, which appoints and dismisses
competent administrative authority are always
A) representative of the competent administrative authority;
representative of the competent administrative authority, which is always a medical professional, is currently
chairman of the commission and manages its activities,
B) at least two health care workers with capacity for self
performance of the medical profession in the healthcare field,
C) a doctor with specialized qualifications in the field of pathological anatomy
or forensic medicine, in the case of death of a patient,
D) representative of the relevant Association or relevant professional organizations.
(2) The commission meeting
A) is always invited the person who received higher education in
master's degree program in law,
B) may be invited provider against whom the complaint is made, and
complainant in order to provide an explanation of the facts stated in the complaint
, and for the time necessary; complainant on the basis of its request
always invited to the meeting.
(3) The members of the independent expert committee can not be persons for whom
with respect to their relationship to the provider, the complainant or
patient complained of, or the subject of this complaint are
reasonable doubts about their impartiality.
(4) An independent expert panel will discuss the case
participation of at least a majority of all members, one of which must be
healthcare worker under subsection 1. b).
(5) An independent expert panel will assess the case on the basis
medical records of the patient and other factors identified
for the purpose of assessing the case and prepare a record, which is immediately passed
competent administrative authority by the Chairman of the Commission. Companies includes
A) A summary of significant data from medical records,
B) Finally, consider the case
First with a clear statement of whether or not it was in the provision of health services
followed proper professional practice;
in case of non-compliance with appropriate expertise procedure gives his description
Second if it was not followed proper procedure specialist with
stating whether or not there is a causal link between such
procedure and personal injury or damage to health resulting in death;
It does not apply if, on the basis of the facts can not make such a statement
,
C) draft measures designed to remedy.
§ 96
(1) If the competent administrative authority in the investigation of the complaint finds
violation of rights or obligations in providing health services or
related activities prescribed by this Act or other
legislation or other misconduct affecting the rights and
interests of patients
A) saves providers corrective measures specifying deadlines for their fulfillment
or
B) shall stimulus
First authority under other laws ^ 41)
Second appropriate chamber if it finds such a mistake
healthcare worker who is a member of the chamber, which belongs to conserve chamber
according to the law governing the activities of chambers;
Similarly progresses provider.
(2) of the corrective action or complaint sends
competent administrative body of information to the insurance company with which the
patient at the time of violation of rights or obligations in providing
insured health services.
§ 97
The meeting of the Independent Commission is private. The competent authority
if you set up an independent expert or an independent expert committee
communicate patient whose complaint relates to a complainant if it is not
patient name or names and surname of the independent expert or || | independent Commission members and persons invited pursuant to § 95 para. 2nd
PART NINE
EVALUATION OF QUALITY AND SAFETY HEALTH SERVICES
§ 98
(1) Evaluation of the quality and safety of healthcare services (
"the evaluation of quality and safety") is a voluntary process whose purpose is to assess
according to the evaluation standards, organizational level
provision of health services, and in terms of their quality and safety.
(2) Evaluation standards are a set of requirements for selected processes and
indicators examined in a medical facility in terms of ensuring
quality and safety of healthcare services.
(3) Evaluation of quality and safety can be carried out by a natural or legal person
which has been granted permission to carry out this activity by
this Act.
(4) to obtain permission to conduct assessments of quality and safety
of the Ministry. This privilege can not be converted
nor passed on to another person or entity.
(5) A natural person shall be granted permission to conduct the evaluation of quality and safety
her written request, if
A) is not the provider or member of a legal person that is
provider
B) is not in conformity with your provider or health insurer ^ 42)
C) has developed evaluation standards of quality and safety for the individual
forms of health care, or types of health care under § 5 para. 2
point. f) to i), for whose evaluation is to be granted permission, and rules
process of evaluating the quality and safety
D) meets the requirements for security personnel carrying out assessments
quality and safety in relation to the forms of health care, or health care
species under § 5 para. 2 point. f) to i), for whose evaluation
permission to be granted.
(6) A legal person shall be granted permission to conduct the evaluation of quality and safety
her written request, if
A) is not the provider or member of a legal person that is
provider or health insurance company,
B) a statutory body or its member or member of its supervisory body
is not currently a statutory body or its member or member
JSB provider or health insurance nor
provider
C) is not in conformity with your provider or health insurer ^ 42) and
or otherwise not acting in concert with your provider or health insurer
its statutory body or its member or member of its supervisory body
, || |
D) has developed standards for the evaluation of individual forms of health care
, or types of health care under § 5 para. 2 point. f) to i)
for the evaluation to be granted permission, and rules
process of evaluating the quality and safety
E) meets the requirements for security personnel carrying out assessments
quality and safety in relation to the forms of health care, or health care
species under § 5 para. 2 point. f) to i), for whose evaluation
permission to be granted.
(7) An implementing regulation provides
A) minimum evaluation standards of quality and safety for the various forms
health care, or types of health care under § 5 para. 2 point.
F) to i)
B) indicators of quality and safety of health services, making their way
and monitoring
C) the extent of the processes examined in healthcare facilities and requirements
these processes
D) requirements for the method and procedures for evaluating the quality and safety
E) requirements for security personnel carrying out assessments of quality and safety
regarding professional competence of individuals through
will evaluate the quality and safety performed, and the number of such persons.
§ 99
(1) An application for authorization to conduct quality assessment and safety
addition to the requirements laid down by the Administrative Code contains
A) if the applicant is a natural person
First name, surname, nationality, address of the place
permanent residence in the Czech Republic or in the case
persons without permanent residence in the Czech Republic, address of residence outside the Czech Republic and
address or place of residence
on the territory of the Czech Republic and date of birth of the applicant,
Second identification number ^ 17), if allocated,
Third forms or types of health care under § 5 para. 2 point. f) to
i) for the evaluation to be granted permission,
Fourth the date from which the applicant intends to begin implementation of a quality assessment and
safe
B) if the applicant is a legal entity
First business name or name and registered address of the applicant
Second name, surname, nationality, address of the place
permanent residence in the Czech Republic or in the case
persons without permanent residence in the Czech Republic, address of residence outside the Czech Republic and
address or place of residence
on the territory of the Czech Republic and date of birth of persons that are statutory bodies
applicant or its members or acting on behalf of the legal person
entered in the commercial or similar register prior to its creation,
Third data referred to in subparagraph a) paragraphs 2 to 4
(2) An applicant for authorization requests to conduct quality assessment and safety
submit,
A) in the case of a natural person
First a declaration that meets the conditions pursuant to § 98 paragraph. 5 point. a) and b)
Second List of persons, by means of the evaluation of the quality and safety
carried out, indicating the name or names and surnames; u
health workers also indicate their professional or
specialist qualification to perform medical profession and other persons
their education with the study program and field
in which it was obtained; the list will also state that people will respond
applicants for assessing the quality and safety of various forms or species
healthcare
Third evaluation standards of quality and safety rules and evaluation process
quality and safety for the various forms of health care, or health care
species under § 5 para. 2 point. f) to i), for whose evaluation
be granted permission,
B) in the case of a legal person
First proof that the legal person has been constituted or established if
will be entered into the commercial or similar register or registration
not been done yet; if the applicant is a legal entity based outside the territory of the Czech Republic
submit an extract from the commercial or similar
register kept in the State of residence, which must not be older than 3 months,
Second a declaration that meets the conditions pursuant to § 98 paragraph. 6 point. a) and c)
Third statement of the statutory body or its members and members of the Audit
authority that fulfills the conditions pursuant to § 98 paragraph. 6 point. b) c)
Fourth data referred to in subparagraph a) points 2 and 3
§ 100
(1) The decision on granting permission to conduct assessments of quality and safety
addition to the requirements laid down by the Administrative Code contains
A) in the case of a natural person, the name or names, surnames, nationality
citizenship, address of permanent residence in the Czech Republic or in the case
persons without permanent residence in the Czech Republic, address of residence outside
the Czech Republic and the address or registered place
residence in the Czech Republic, date of birth and identification number
if allocated,
B) in the case of a legal entity or company name, registered address and
identification number, if assigned,
C) forms of health care, or types of health care under § 5 para. 2
point. f) to i) for the evaluation of the authorization granted,
D) the date from which you can evaluate the quality and safety of conduct.
(2) The Ministry shall forward a copy of the written decision to
authorization to conduct quality assessment and safe within 30 days from the day
decision comes into force the local tax
carrying out the administration of income tax and locally
relevant district social security.
(3) The Ministry will publish a list of persons authorized to conduct assessments
quality and safety, including the data referred to in paragraph 1
on its website.
§ 101
(1) A person authorized to conduct assessments of the quality and safety is obliged to publish an evaluation
standards and rules evaluation process
quality and safety on its website.
(2) A person authorized to conduct assessments of the quality and safety
is required to notify the Ministry of any changes in the data contained in
decision on granting permission to conduct quality assessment and
safe in the application for authorization and the documents to be submitted with
this request and document these changes relevant documents. In the event of changes
information included in the list of persons referred to in § 99 par. 2 point. a) Section 2
be notified only changes concerning the persons responsible for evaluation
quality and safety of various forms of health care, or health care
species.
(3) If a change of data, which is not mentioned in the decision to grant
permission to conduct assessments of quality and safety, and if they continue
conditions laid down for the evaluation, the Ministry performs
about the change recorded in the file; in other cases decided by the Ministry
by circumstances to change permissions or its
withdrawal.
§ 102
(1) Permission to conduct assessments of quality and safety lapses
A) the death of the holder of the authorization
B) termination of the license holder or
C) the decision of the Ministry to revoke the license.
(2) The Ministry shall withdraw the authorization to conduct quality assessment and safety
if the grantee
A) ceased to meet any of the conditions listed in § 98 paragraph.
5 or 6, or
B) a withdrawal of authorization requested.
(3) The Ministry may withdraw authorization to conduct quality assessment and safety
if authorization has seriously or repeatedly
violated any of the obligations set out in § 101 paragraph. 1 or 2 or in § 104
paragraph. 2. the Ministry may withdraw permission to conduct assessments
quality and safety as well as in the event that the grantee carried
evaluation of the quality and safety through those excluded from the evaluation
according to § 104. 3rd
§ 103
Ministry will send a copy of the written decision to change
or withdrawal of authorization to conduct quality assessment and safety
within 30 days from the date of entry into force of the decision to the entities referred to in § 100, paragraph
. second
§ 104
(1) Evaluation of quality and safety are carried out under an agreement between
person authorized to conduct assessments of the quality and safety and
provider; the contract also stipulated the payment for made
evaluation. Evaluation of quality and safety must be completed within 12 months
date of the agreement.
(2) A person authorized to conduct quality assessment and safety evaluation is at
obliged
A) act impartially,
B) adhere to the evaluation standards of quality and safety and the rules of procedure
evaluation of quality and safety.
(3) The implementation of the evaluation of the quality and safety is excluded person who
in employment or similar relationship to the provider, on which he has
evaluation to be performed or exercised for this provider function
professional representative or, if the grantor of a legal person, is
partner of the legal entity's statutory body or a member
statutory body or a member of its supervisory body.
§ 105
(1) A person authorized to conduct assessments of the quality and safety issues in
event that suits the level of health services provided by
Valued provider evaluation standards, quality certification and safety
(hereinafter the "Certificate") valid for three years.
(2) The certificate contains
A) information on the person who issued the certificate, which are
First in the case of a natural person, the name or names, surname, address
permanent residence in the Czech Republic or in the case
persons without permanent residence in the Czech Republic, address of residence outside the
Czech Republic or the address of the registered place
stay on the territory of the Czech Republic and identification number,
Second in the case of a legal entity or company name, registered address and identification number of
,
B) identification of the provider, which are
First in the case of a natural person, the name or names, surname and address
place of permanent residence in the Czech Republic or in the case
individuals without permanent residence in the Czech Republic address
residence outside the Czech Republic and possibly address
registered place of residence in the Czech Republic and identification number,
Second in the case of a legal entity or company name, registered address,
in the case of a legal person established outside the territory of the Czech Republic, the address of the place of establishment
race or a branch plant
legal entities on the territory of the Czech Republic and identification number,
C) forms of health care, or types of health care under § 5 para. 2
point. f) to i) for which the certificate was issued, and the address of their place
provision,
D) the date of issue of the certificate.
(3) When the conditions for issuing the certificate, the person who carried out
evaluation of the quality and safety of this fact in writing
providers; the notice shall state that the provider failed to meet the conditions.
§ 106
Persons entitled to rate the quality and safety
keep records of providers who issued the certificate.
PART TEN
CONTROL ACTIVITIES
§ 107
(1) Controlling providers in connection with the provision of medical services or control
providers or other legal or
individuals doing business in connection with the implementation of activities,
, which require consent or authorization
other similar authorization under this Act or other laws governing
health services, control of social service providers listed in the National register
providers and those providing health services
according to § 20 (hereinafter referred to as "inspected persons") performs
A) Ministry
B) the competent administrative authority
C) regional office, which has seen social service providers or
person providing health services according to § 20 in the National Registry
providers
D) The State Institute for Drug Control
E) The State Office for Nuclear Safety, in the case of a provider
providing health services, which include medical exposure;
this does not affect the inspection activities of the State Office for Nuclear Safety
under other laws,
F) Directorate General of the Prison Service, in the case of health services
provided in the healthcare facility
G) of the chamber to the extent provided by other legislation ^ 43)
(hereinafter referred to as "supervisory authorities").
(2) checking that the conditions for the provision of health services in health facilities
Czech armed forces stationed abroad in
made by the Ministry of Defence.
§ 108
(1) In exercising control activities supervisory bodies pursuant to § 107 point.
A), b) or c) to verify compliance with the obligations and conditions set
this Act or other laws and regulations governing health
services or activities related to health services.
(2) Within the framework of inspections carried staffing
provision of health services employees counties included in the regional offices
authorized in justified cases, to inspect employment contracts
provider's staff.
(3) The State Institute for Drug Control inspects technical equipment and material
medical facilities in case of provision of pharmaceutical care,
handling of medicinal products and medical devices at
provision of health care and performs quality and safety control
in the provision of health services in transfusion services and
Tissue establishments under other laws.
§ 109
Control authorities are entitled
A) to impose the remedial corrective measures
B) establish time limits within which the necessary corrective measures to fulfill
C) check the implementation of the remedial measures
D) require inspected persons written report on the fulfillment
corrective measures.
PART ELEVEN
REGION
§ 110
(1) Region responsible for organizing and ensuring
A) emergency medical services, pharmacy, emergency services and
emergency services in the field of dentistry and
B) examinations of the bodies of the dead outside a medical facility on its territory;
List of doctors with which the county entered into an agreement pursuant to § 84 par. 2 point.
B) providers and ensuring within the framework of an emergency medical service
tours corpses, including a schedule, and identifying geographical
circuit provision of health services, the county
publish on its website and forward it to the body,
who runs the office for receiving calls to the single European emergency number 112.
(2) emergency medical service means
outpatient care provided to patients in cases of sudden changes in health status or
worsening of the disease. The emergency service is not the case
provision of outpatient care within the regular time of surgery
provider. According to the first and second sentences proceed even if
providing emergency services in the field of dentistry and pharmacy
emergency services.
PART TWELVE
UNIVERSITY HOSPITAL AND CENTER highly specialized care
§ 111
University Hospital
(1) The University Hospital is a state-funded organization.
The responsibility towards teaching hospital performs ministry.
(2) University Hospital provides medical services and carried
related research and development activities. In professional workplaces
teaching hospital also carries out clinical and practical training in accordance with paragraph 4.
(3) Shared University Hospital and Medical Faculty
High School as clinics and institutes; Shared establishes, amends and repeals
director of the University Hospital in agreement with the dean of the medical faculty.
The head of department and the head of the institute's head, who is appointed or dismissed by the director of the University Hospital
agreement with the dean of the medical faculty.
If no appointment or dismissal of the head by the second sentence,
appoint or dismiss the chief of the Minister of Health in agreement with
rector of the respective university.
(4) common workplace University Hospital and Medical Faculty
is based on the requirement of a high school level
clinical and practical training in accredited degree programs in general medicine, dental medicine and pharmacy
and accredited degree programs
educational programs and other health professions and related
research and development activities under other legislation ^ 44).
(5) In order to ensure clinical and practical training and research and development activities
concludes a teaching hospital with university contract
which regulates the scope, structure and staffing
clinical and practical instruction in a university hospital utilization conditions
property teaching hospital in the teaching conditions asset utilization
high schools in the provision of health services, mutual cooperation on
research and development activities and cover the associated costs.
This is without prejudice to the agreements concluded under the existing legislation.
(6) In the case of education provided by schools or other educational establishments
apply to ensure clinical and practical training and research and development activities
in professional workplaces University Hospital
paragraphs 4 and 5 apply.
§ 112
Center highly specialized care
(1) The Ministry of the provider, which provides health care in their respective fields
grant his request filed at the invitation of the Ministry
statute centers highly specialized healthcare (hereinafter
"the Centre"); if the provider meets the requirements for technical equipment and material
medical equipment and staffing requirements for security
highly specialized medical care and is unable to
Designated area that provide health care. The Statute of the city can be granted
also within one or more sectors, or parts thereof, or for highly demanding
diagnosis, treatment and monitoring of certain diseases.
(2) The Ministry shall publish on its website and in the Bulletin of the Ministry of Health
requirements for providers
applying for a statute Centre (hereinafter referred to as "the candidate of the statute") centers.
Call ministries to submit the request to grant the status center contains
A) the place where the applications are submitted,
B) the deadline for submission of applications,
C) the definition of the health care industry or part or illness, for which
diagnosis, treatment or monitoring of a statute confers center,
D) requirements for technical and material equipment of medical devices
providing highly specialized healthcare and deadlines for their fulfillment
,
E) requirements for staffing
highly specialized medical care, including qualification requirements and deadlines for their fulfillment,
F) the territory in which that highly specialized healthcare
provided
G) the period for which the statute of city grants, and
H) other necessary requirements needed to assess
ensure the provision of highly specialized medical care, for example, data on the number of patients treated
and medical procedures performed within a limited time period
in the medical device statute seekers center.
(3) The application for granting of the city contains
A) identification of the applicant the status of the city,
B) a copy of the authorization to provide health services
C) information about the extent and volume of highly specialized medical care, which is
seeker statute centers able to ensure
D) information on technical and substantive equipped medical facility
seekers statute center, which is to be highly specialized
health care is provided, and its staffing,
E) a statement of the applicant the status of the city that is able to meet the requirements
technical and material equipment of medical devices for providing
highly specialized healthcare staffing requirements
security of health care within the scope and
period specified in the notice,
F) other data and documents referred to in the notice under paragraph 2.
(4) The Ministry, after examining the applications of individual candidates for the status
center exclude applicants who do not meet the criteria laid down in the call,
and the other candidates will determine their ranking.
Ministry in determining the order of candidates on the Statute of the city in particular pay attention to qualification
expectations of health workers to provide high
specialized medical care, time and scope of this provision
health care and its availability, and if this object challenges also for
data on the number of patients, medical procedures performed in
defined time period and other requirements set out in the call.
When deciding on the granting of city ministry will take into account the intended
order of candidates on the Statute of the city; for status as a center
There is no legal entitlement.
(5) The Ministry will publish a list of centers on its web site
and in the Bulletin of the Ministry of Health; on such lists
identifiable information provider who has been granted the status of the city, and
information pursuant to paragraph 2. c), f) and g).
(6) The provider is required to notify the Ministry of any changes
data and the conditions under which he was granted the statute of the city, at the latest
within 15 days of their occurrence.
§ 113
(1) The Statute of the city expires
A) the date of termination of the authorization to provide health services for which it was granted city
statute or
B) removing the Statute of the city.
(2) The Ministry shall withdraw the statute of the city, if that provider
requests.
(3) The Ministry may withdraw the statute of the city, where
A) provider ceased to meet any of the conditions for granting
statute center or
B) other activities of the center is to provide a highly specialized
medical care required as a result reduce the need for the provision of health care
.
PART THIRTEEN
ADMINISTRATIVE OFFENCES
§ 114
(1) A person who commits an offense that
A) contrary to § 11 para. 2 provides health services without authorization
provision of health services,
B) a person referred to in § 20 para. 1 comply with the notification obligation pursuant
§ 20 para. 2
C) a person referred to in § 57 par. 1
breaching secrecy according to § 57 par. 2 point. a)
D) a person referred to in § 57 par. 1 contrary to § 57 par. 2 point. b)
allow entry into the building person authorized by a competent authority,
E) a person referred to in § 27 para. 1, which it intends to
authorized to provide healthcare services provider deceased continue
provision of health services, contrary to § 58 fails to fulfill any of the duties
regarding medical records of patients deceased
provider according to § 57 par. 3 point. a), c) or d), or paragraph. 4
whose performance in the event of lack of interest in the continuing provision
medical services fall within the scope of the competent administrative authority
whose death was announced provider or notifies address place
where you can submit requests to ensure that the procedure under § 57 par. 3 point.
C) or d)
F) a person whose authorization to provide health services
terminated by a decision of the competent administrative authority, contrary to § 60 paragraph
. 1 or 2 does transfer of medical records or its
inventory or transmit medical records or inventory
competent administrative authority
G) as a medical worker in conflict with § 70 para. 4 point. e)
point 5 does not pass data to the National Health Information System,
H) a body part removed from a patient's body part deceased or removed from the body of the deceased
stores or used contrary to § 81 paragraph. 1 or 2
I) comply with the notification obligation pursuant to § 83 or
J) conduct an evaluation of the quality and safety of healthcare services
without authorization pursuant to § 98 paragraph. 3 on the basis of a contract with a provider
according to § 104. 1st
(2) An offense may be fined up
A) 1,000,000 CZK, in the case of an offense under subsection 1. a) or c)
B) 500,000 CZK, in the case of an offense under subsection 1. h) or j)
C) 200,000 CZK, in the case of an offense under subsection 1. d) or
D) 100 000 CZK, where an offense under subsection 1. b), e), f), g)
or i).
§ 115
(1) A legal entity or natural person commits an administrative offense
that
A) contrary to § 11 para. 2 provides health services without authorization
provision of health services,
B) a person who has been granted permission to provide health services
prior to entry in the commercial or other legally designated
register with the effect of its origin, or a person domiciled outside
Czech Republic, which has been granted permission to provide health services
before the registration in the commercial register in which is recorded
does not send the appropriate regulatory body, evidence submission
to registration or proof of registration under
§ 19 paragraph. 5
C) a person referred to in § 20 para. 1 comply with the notification obligation pursuant
§ 20 para. 2
D) a person referred to in § 27 para. 1, which it intends to
authorized to provide healthcare services provider deceased continue
provision of health services, contrary to § 58 fails to fulfill any of the duties
regarding medical records of patients deceased
provider according to § 57 par. 3 point. a), c) or d), or paragraph. 4
whose performance in the event of lack of interest in the continuing provision
medical services fall within the scope of the competent administrative authority
whose death was announced provider or notifies address place
where you can submit requests to ensure that the procedure under § 57 par. 3 point.
C) or d)
E) a person whose authorization to provide health services
terminated by a decision of the competent administrative authority, contrary to § 60 paragraph
. 1 or 2 does transfer of medical records or its
inventory or transmit medical records or inventory
competent administrative authority
F) as a person referred to in § 70 para. 4 point. b), c) or d), unless the
regional office, or in § 70 para. 4 point. e) points 1, 2, 3 or 4
not transfer the data to the National Health Information System,
G) body part removed from a patient's body part deceased or removed from the body of the deceased
stores or used contrary to § 81 paragraph. 1 or 2, or
H) conduct an evaluation of the quality and safety of healthcare services
without authorization pursuant to § 98 paragraph. 3 on the basis of a contract with a provider
according to § 104. 1st
(2) University College commits an administrative offense by failing to carry
anatomical dissection in conflict with § 88 para. 6th
(3) An administrative offense shall be fined up
A) 1,000,000 CZK, for an administrative offense under paragraph 1. a)
B) 500,000 CZK, for an administrative offense under paragraph 1. g) or
h) or paragraph 2, or
C) 100,000 CZK, for an administrative offense under paragraph 1. b), c)
d), e) or f).
§ 116
(1) A person authorized to conduct assessments of the quality and safety
commits an administrative offense by
A) publish evaluation standards or rules evaluation process
quality and safety in accordance with § 101 paragraph. 1
B) comply with the notification obligation pursuant to § 101 paragraph. 2
C) the evaluation of quality and safety acts in contravention of § 104. 2
point. b) or
D) conduct an evaluation of the quality and safety of persons excluded from this
evaluation under § 104. 3rd
(2) An administrative offense shall be fined up
A) 500,000 CZK, for an administrative offense under paragraph 1. c) or d
)
B) 200,000 CZK, for an administrative offense under paragraph 1. a) or
C) 100,000 CZK, for an administrative offense under paragraph 1. b).
§ 117
(1) The provider commits an administrative offense by
A) contrary to § 11 para. 1 provides health services specified in
authorized to provide healthcare services
B) contrary to § 11 para. 3 provides healthcare services through
person who is not eligible for the medical profession or
performance of the activities of providing health services,
C) contrary to § 11 para. 6 provides health services in a health care facility
which is to provide health care services to engineering
materially equipped,
D) fails to appoint a professional representative in accordance with § 12 para. 2 and § 14 para. 5
E) comply with the notification obligation pursuant to § 21 para. 1 and 2 or § 27 para. 1
point. c)
F) comply with the notification obligation or disclose information pursuant to § 26 paragraph
. 2 or 4
G) in contravention of § 26 par. 3 fails to transfer copies of medical records or
excerpt from medical records to another
providers
H) contrary to § 28 par. 3 point. e) point 1, 2 or 3 when
not allow the provision of health services presence of other persons
I) allow the presence of other persons in the provision of health services, even when the patient
their presence refused under § 28 par. 3 point. h)
J) inconsistent with § 28 par. 3 point. i) to allow the patient to receive
visits to healthcare facilities,
K) inconsistent with § 28 par. 3 point. j) to allow the patient to receive
pastoral care and spiritual support in a healthcare facility
L) to allow a patient with sensory disabilities or with severe communication problems
communicate in a manner comprehensible to him
or means of communication, which he chooses, according to § 30 paragraph. 1
M) contrary to § 30 paragraph. 3 will not allow the patient was carrying a medical facility in
guide or assistance dog
N) in contravention of § 28 para. 1, the patient healthcare services
his consent
O) does not inform the patient about the cost of health services or
not issue a bill for the paid medical services according to § 45 para. 2 point.
A)
P) in contravention of § 45 para. 2 point. b) does not place the price list provided
health services so as to be accessible to patients
Q) does not affix an indication of operating or surgery hours, so that this information accessible to patients
according to § 45 para. 2 point. c)
R) does not provide a medical device labeled according to § 45 para. 2 point.
D)
S) made available to patients in the absence or temporary interruption
provision of health care information on the provision of emergency care
another provider according to § 45 para. 2 point. e)
T) in contravention of § 45 para. 2 point. f) does not report provided
health services,
U) does not submit the necessary information about the patient's condition according to § 45 paragraph
. 2 point. g)
V) contrary to § 40 fails to notify the court of
inpatient hospitalization or additional restraint on freedom of movement or contact with the outside world
or
W) does not jobseekers medical report pursuant to § 45 para. 3
point. and).
(2) The provider commits an administrative offense further by
A) fails trauma plan pursuant to § 47 para. 1 point. d)
B) contrary to § 45 para. 2 point. h) fails
list of health services which provide the required written consent
C) contrary to § 45 para. 2 point. j) point 1 receives the patient
compulsory isolation, quarantine, treatment or medical supervision,
D) does not submit data to the National Health Information System by
§ 45 paragraph. 2 point. m)
E) contrary to § 45 para. 3 point. b) or c) to allow access to the premises
medical facility authorized persons
F) failing to provide documents or information to the regional authority or ministry
according to § 45 para. 3 point. d)
G) does not inform the patient, according to § 45 para. 2 point. i)
H) fails to provide health services doctor indicated Prison Service
person accused, convicted or placed in security detention by
§ 45 paragraph. 2 point. k)
I) fails to contribute to ensuring
ambulance or emergency services provided by dentists or pharmacists
according to § 45 para. 2 point. l)
J) informs in certain cases the person referred to in § 45 para. 4
point. a) or the Police of the Czech Republic that the patient
arbitrarily abandoned medical facility inpatient care
A) failing to make information about the patient's condition
strictly necessary for the provision of consulting services in accordance with § 46 para. 1
point. d)
L) failing to call emergency medical services provider
cooperation in the provision of health services according to § 46 para. 1 point.
E)
M) fails to challenge or under the authority of measures to protect public health
participation of health personnel in the provision of health services
according to § 46 para. 1 point. f)
N) failure hospitalization of children separately from adults according to § 47 para. 1
point. a) 1, or
A) failure hospitalization women separately from men according to § 47 para. 1
point. f) 2.
(3) The provider commits an administrative offense also that
A) contrary to § 48 para. 1, 3, 4, or refuse to accept a patient care
B) contrary to § 48 para. 2 or 3 exits patient care
C) the patient does not issue a report pursuant to § 48 par. 5
D) breaching secrecy under § 51
E) violates the obligation to keep or retain medical records or
dispose of medical documentation according to § 53 par. 1
F) not allow access to the medical records pursuant to § 64 para. 1
G) to allow access to medical documentation pursuant to § 65
H) allows to inspect medical documentation in conflict with § 65
I) failing to produce a transcript or a copy of the medical documentation pursuant to § 66 para.
1 or 2
J) fails to record the medical documentation pursuant to § 66 para. 6
K) body part removed from a patient's body part deceased or removed from the body of the deceased
stores or used contrary to § 81 paragraph. 1 or 2
L), promise or give any other financial or other compensation, or
benefit in connection with the use of the patient's body, the body of the deceased
or removed parts from the body of the deceased,
M) fails inspection body of the deceased according to § 84 par. 2 point. a), c) or d
)
N) comply with the notification obligation pursuant to § 88 par. 7
O) fails to comply with notification obligation pursuant to § 89 para. 2
P) fails to deposit the body of the deceased in the cooling device in accordance with § 90
Q) does not keep records on filing complaints or the manner of their execution
according to § 93 paragraph. 3 point. c)
R) to allow the complainant to consult the file of a complaint or take
copy of the file of a complaint pursuant to § 93 paragraph. 3 point. d)
S) fails to provide synergy to the competent administrative authority in the inquiry
complaint under § 93 paragraph. 3 point. e) or
T) fails complaints procedure according to § 93 paragraph. 4 point.
A).
(4) An administrative offense shall be fined up
A) 1,000,000 CZK, for an administrative offense under paragraph 1. a) or paragraph 3
point. d)
B) 500,000 CZK, for an administrative offense under paragraph 1. b), c), d
) or n) or to paragraph 3. e), f), g), h), i) or k)
C) 300,000 CZK, for an administrative offense under paragraph 1. e) f)
G), paragraph 2. c) l) or m) or para 3. a), b)
l) or m)
D) CZK 200,000 in the case of an administrative offense under paragraph 1. r) or in
), paragraph 2. h) or to paragraph 3. n) or p)
E) 100 000 CZK, for an administrative tort pursuant to paragraph 1. h), i)
j), k), l), m), q) s) t) u) or w), paragraph 2. a), b), d)
e), f) or i) or paragraph 3 letter. c), j), o) or a), or
F) 50,000 CZK, for an administrative offense under paragraph 1. o) or
p), paragraph 2. g), j), k), n) or o) or to paragraph 3. q)
r) or t).
§ 118
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.
(2) In determining the amount of the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission, its consequences and
circumstances under which it was committed.
(3) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 3 years after the date on which it was committed .
(4) Administrative offenses under this Act in the first instance
A) regional office, in which the couple had been committed, the case of
administrative offenses pursuant to § 114 paragraph. 1 or § 115 paragraph. 1
B) the authority competent to grant authorization to provide
health services, in the case of administrative offenses pursuant to § 117 paragraph. 1, 2 or 3
,
C) ministry, in the case of administrative offenses pursuant to § 115 paragraph. 2 or § 116, paragraph
.
First
(5) The liability for conduct that occurred in entrepreneurial
natural person or in direct connection therewith, shall be subject to the provisions of this
Act on liability and sanctions to legal persons.
PART FOURTEEN
, EMPOWERING, TRANSITIONAL PROVISIONS AND REVOCATION
§ 119
Common provisions
(1) The powers provided for in this Act to the regional authorities, counties, municipal
authorities or municipalities with extended powers be delegated
scope, with the exception of competence pursuant to § 44 para. 5. The provisions of this Act shall
apply to the provision of emergency medical services at
providing specific health services and the provision of health services by
Organ transplant Act, unless the law provides for
emergency medical services, law on specific health
services and transplantation Act otherwise.
(2) Activities of independent experts and members of independent expert committees
established under this Act, an act in the general interest ^ 45), in which these professionals
entitled to compensation of salary or wages. Professionals who
are not in employment or similar working relationship, but they are
employed, be compensated for lost earnings for the period during which the
participated in the initiative, in their proven amount not exceeding in | || average wage in the national economy and renowned
published by the Ministry of Labour and social Affairs in the Official Gazette for the purposes of employment
^ 46). Independent experts, members of the committee and invited
person pursuant to § 95 para. 2 point. a) proven to be reimbursed by driving
spending.
§ 120
Enabling provisions
Ministry will issue a decree to implement § 5 para. 3, § 11 para. 4, 6 and 7
, § 44 para. 4, § 47 para. 1 point. e), § 69, § 70 para. 6, § 75 para.
3, § 77 par. 3, § 78, 92 and § 98 section. 7th
Transitional provisions
§ 121
(1) A person who is authorized to operate a private medical facility
under a decision on registration under the existing law on health
care in private health facilities (hereinafter "Registration"), based on the
registration to provide health services that
correspond to the type and scope of health care given in the registration;
this person is considered a provider. Holders
registration under existing legislation have the right to the issue of authorization to
provision of health services under this Act provided that
prove the elements necessary for granting marketing authorization under this Act.
(2) A person who is entitled to the registration operate facilities
emergency medical services and meets the requirements for granting
authorization to provide emergency medical services under this
Act and the Emergency Medical Service may, with the authorization
provide emergency medical services to the extent
appropriate to the nature and scope of health care given in registration,
for a period not exceeding 12 months from the date of acquisition the effectiveness of this Act;
this person is considered a provider.
(3) The competent authority may amend or revoke registration,
cease if the provider meets the conditions under which the registration was issued
. The competent administrative authority may also register modify, cancel or suspend
the reason for which you can change, withdraw or suspend
authorized to provide healthcare services under this Act;
Provisions governing grounds and other conditions change, withdrawal or suspension of authorization
shall apply mutatis mutandis.
(4) Registration shall expire upon entry into force of the decision
authorization to provide health services. Registration
authorizing operate the facility of emergency medical services provider
referred to in paragraph 2 expires
expiry of 12 months from the effective date of this Act.
(5)
Canceled
(6) Proceedings instituted under the existing law on health care in
private medical facilities, has not been legally completed
before the effective date of this Act shall be completed pursuant to existing
legislation, with the exception of proceedings medical device registration
emergency services or its modification, which is the effective date of this Act
stop.
§ 122
(1) A person who is authorized to carry medical equipment State may
without authorization to provide health services provide
health services appropriate to the type and scope of health care that
provide the effective date of this Act , for a maximum period
12 months from the effective date of this Act, unless otherwise specified below
; that person is deemed to be the provider.
(2) If the provider referred to in paragraph 1
intends to provide health services after the expiry of 12 months from the effective date of this Act,
request within 3 months after the effective date of this Act, to grant permission to
provision of health services; in this case
provide health services without authorization until the entry into force
decision on the application. The request for authorization to provide health services
contains items referred to in § 18 par. 1, 2 and 4.
competent administrative authority is obliged to issue a decision on the application
within 12 months of the effective date of this Act .
§ 123
(1) The activities of local and central expert committee commenced prior
effective date of this Act shall be completed pursuant to existing legal regulations
.
(2) For the purposes of assessing the integrity pursuant to § 13
provision of health services also means providing health care by
existing legislation.
§ 124
(1) Operation of a manger as a medical device according to the existing legislation
will end no later than 31 December 2013; until
not affect the right to operate these medical devices in the same
extent that was operated at the effective date of this Act
.
(2) Feeding institutes run by the effective date of this Act
according to the existing legislation are considered
orphanages for children under 3 years of age under this Act.
§ 125
(1) Providers day and inpatient care are obliged to draw
trauma plan according to § 47 para. 1 point. d) within 12 months of
entry into force of this Act.
(2) inpatient care providers are obliged to draw up a program for
infection prevention and control of healthcare associated
according to § 47 paragraph. 4-12 months after the effective date of this Act.
§ 126
(1) A provider who has been before the effective date of this Act
granted the status of the city, where he intends to operate the city continue, it
obliged to notify the Ministry within 6 months from the date of acquisition
of this Act or the expiry of this period its status as the center
expires.
(2) A provider who has met the condition under paragraph 1 may carry
center's activities under this Act during the period for which he was awarded the statute
center extinguished the Statute of the city under § 113 paragraph. 1 point. and)
Or b).
§ 127
(1) The Ministry shall establish
A) National Register of providers and the National Register of medical
workers within 24 months from the effective date of this Act,
B) National Register of accidents, the National Registry of people permanently excluded from blood donation
National Registry of autopsies and toxicological examinations
carried out at the Department of Forensic Medicine within 24 months from the date of entry into force of this Act
.
(2) The data kept in the registry of medical devices
Institute of Health Information and Statistics of the Czech Republic under the Act on the State Statistical Service
institute transferred no later than the date of the establishment
National Registry of providers in this register.
(3) The data kept in the registry of physicians, dentists and pharmacists
Institute of Health Information and Statistics of the Czech Republic under the Act on
Public Health Care Institute transferred no later than the date of the establishment of the National Registry
health workers this registry.
(4) Within 180 days of the establishment of the National register of providers transmit
entities referred to in § 75 to register the necessary information. Providers
who are the effective date of this Act are entitled to
operation of private healthcare facilities, forwarded to the National
register of information pursuant to § 74 para. 1 point. d).
(5) Within 180 days of the establishment of the National Registry
healthcare workers is a natural person who performs
medical profession in the Czech Republic is obliged to register for the National Registry
health workers and provide the Ministry,
or authorized legal entity data according to § 76
(6) The data kept under the law as in force before
commencement of this Act in the National Register of mothers, newborns National
registry, the National Registry of congenital defects, miscarriages
National Register and National Register assisted reproduction
conducted by the Institute of health information and statistics of the Czech Republic
under the Act on Public health care Institute is converted by the date
establishment of the National registry of reproductive health in this register.
(7) Information kept in the National Cardiac Registry and the National Registry
cardiovascular interventions
Institute for Health Information and Statistics of the Czech Republic under the Act on Public Health Care Institute
transferred no later than the date of the establishment of the National Registry of Cardiovascular | || operations and interventions in this register.
(8) Data kept in the National Register of Users of Medically Indicated Substitution Substances
Institute of Health Information and Statistics of the Czech Republic
under the Act on Public Health Care Institute
converted later than the date of the establishment of the National Register of drug treatment this registry.
(9) While maintaining the registers referred to in paragraphs 2, 3 and 6-8 and
providing data compulsory subjects in these registers will proceed to the establishment of registers
period referred to in paragraph 1 under current legal regulations
amended the effective date of this Act.
(10), manager of the National Health Information System to ensure
30 days from the effective date of this Act, anonymising and archiving
historical data kept in the National Register of vascular surgery.
§ 128
Repealing provisions
Repealed:
First Law no. 20/1966 Coll., On public health care.
Second Act no. 548/1991 Coll., Amending and supplementing Law no. 20/1966
Coll., On Public Health Care, as amended by Czech National Council Act no. 210/1990 Coll
. and the Czech National Council Act no. 425/1990 Coll.
Third Act no. 160/1992 Coll., On health care in private health facilities
.
Fourth Act no. 260/2001 Coll., Amending Act no. 20/1966 Coll., On care
people's health, as amended.
Fifth Act no. 156/2004 Coll., Amending Act no. 20/1966 Coll., On care
people's health, as amended.
6th Law no. 28/2008 Coll., Amending Act no. 20/1966 Coll., On care
people's health, as amended.
7th Decree no. 62/1968 Coll., On the provision of preventive care in
Armed Forces and the National Security Corps and coordination bodies
state health authorities in providing this care (therapeutic procedure).
8th Decree no. 242/1991 Coll., On the system of health care facilities
Established by district authorities and municipalities.
9th Decree no. 11/1988 Coll., On the compulsory notification of termination of pregnancy,
child deaths and maternal death.
10th Decree no. 19/1988 Coll., On the implementation of the death and funeral.
11th Decree no. 61/1990 Coll., On the management of medicines and medical
needs.
12th Decree no. 394/1991 Coll., On the status, organization and activities
teaching hospitals and other hospitals, selected specialized therapeutic
institutions and regional health authorities in the governing jurisdiction of the Ministry of Health
Czech Republic.
13th Decree. no. 427/1992 Coll., amending and supplementing Ordinance no.
61/1990 Coll., on the management of medicines and medical supplies.
14th Decree no. 434/1992 Coll., On emergency medical services.
15th Decree no. 139/1993 Coll., Repealing Decree
Ministry of Health and Social Affairs of the CSR management of precious metals in
dental care in the National Health Institute and other healthcare organizations
.
16th Ministry of Health Decree no. 247/1993 Coll., On selection
management for leading positions in health care organizations and establishments
the Ministry of Health, municipalities and district offices.
17th Decree no. 51/1995 Coll., Amending and supplementing Ordinance
Ministry of Health no. 49/1993 Coll., On technical and material
requirements for the equipment of health facilities, and amending Decree of the Ministry of Health
no. 434/1992 Coll., on emergency medical service
.
18th Decree no. 221/1995 Coll., On expert committees.
19th Decree no. 105/2002 Coll., Amending Decree no. 221/1995 Coll., On
expert committees.
20th Decree no. 552/2004 Coll., On the transmission of personal and other data to
National Health Information System for management
national health registers.
21st Decree no. 259/2006 Coll., Amending Decree of the Ministry of Health
no. 394/1991 Coll., On the status, organization and activities
teaching hospitals and other hospitals, selected specialized therapeutic institutes and
regional health authorities in control of the Ministry of health
Czech Republic.
22nd Decree no. 385/2006 Coll., On medical documentation.
23rd Decree no. 479/2006 Coll., Amending Decree no. 385/2006 Coll.
On medical documentation.
24th Decree no. 64/2007 Coll., Amending Decree no. 385/2006 Coll., On
medical records, as amended by Decree no. 479/2006 Coll.
25th Decree no. 187/2008 Coll., Amending Decree no. 385/2006 Coll.
On medical documentation, as amended.
26th Decree no. 232/2008 Coll., Amending Decree of the Ministry of Health
no. 247/1993 Coll., On the tender for the leading positions in
health organizations and institutions under the Ministry of Health
, district offices and municipalities.
27th Decree no. 221/2010 Coll., On requirements for material and technical equipment
medical device and amending Decree of the Ministry of Health
no. 51/1995 Coll., Amending and supplementing Ordinance
Czech Ministry of Health no. 49/1993 Coll., on
technical and material requirements for the equipment of health facilities,
and amending Decree of the Ministry of health of the Czech Republic no. 434/1992
Coll., on emergency medical services (ordinance on requirements
for material and technical equipment of health facilities).
28th Decree no. 234/2011 Coll., Amending Decree no. 221/2010 Coll.
On requirements for material and technical equipment of health facilities and
amending Decree of the Ministry of Health no. 51/1995 Coll.,
is changing and amending Decree of the Ministry of health of the Czech Republic no.
49/1993 Coll., on technical and material requirements for the equipment
medical device and amending Decree of the Ministry of health
Czech Republic no. 434 / 1992 Coll., on emergency medical services
(Decree on requirements for material and technical equipment of health facilities
).
PART FIFTEEN
EFFICIENCY
§ 129
This Act shall take effect on the first day of the fourth month
following the date of its publication.
Nemcova vr
Klaus vr
Nečas
Notes
National Health Registries
First
National Cancer Registry
The registry shall process personal data necessary to identify
patient; socio-demographic data (age, gender, occupation)
affecting the health status of the patient data related to the disease and its treatment
, personal and family medical history of the patient-related disease, including
neoplasm classification, data on treatment (surgery,
radiotherapy, chemotherapy, hormonal changes)
dispensary provision of care and the patient's death; data necessary for identifying the
diagnostikujícího, of curing and providing follow-up care.
After 5 years since the death of the patient's personal information
anonymous.
Second
National Registry hospitalized
The registry shall process personal data necessary to identify
patient; socio-demographic data (age, gender, occupation)
affecting the health of the patient, data relating to
hospitalization for admission, diagnostic data on the course and treatment of the disease
(surgery, complications, infections), personal history,
patient's condition at discharge and the need for additional health services;
data necessary for identifying the provider providing inpatient care.
After 5 years after termination of inpatient care
personal data anonymous.
Third
National Register of reproductive health
The registry shall process personal data necessary to identify
pregnant women, mothers and newborn child, woman who performed the artificial fertilization
women, which was performed abortions was induced abortion
or had a miscarriage;
socio-demographic data (age, gender, occupation) influencing health status
pregnant women, mothers and newborn baby and a woman and a man and his wife together
undergoing assisted reproduction (hereinafter referred to as the "infertile couple") | || data (personal and family medical history, diagnostic data, data
during pregnancy and childbirth, data on treatment, procedures performed, including
their results and complications) health-related
pregnant women and pregnancy outcomes , maternal health and childbirth and newborn child
status, health data infertile couple, and provided him
methods and techniques of assisted reproduction;
data on pre-implantation and prenatal testing, data on induced abortion
pregnancy, spontaneous or induced abortions and aborted fetuses
further information on the findings of congenital and developmental defects;
data needed to identify the provider of the healthcare facility
occurred childbirth or postpartum treatment of mothers, in which the
diagnosed with a congenital defect was performed induced abortion
pregnancy or induced abortion or receive treatment after
abortion or in which they were assisted reproduction, or either of
techniques and methods of assisted reproduction.
After 30 years since the report data or 5 years after the death
personal data anonymous.
Fourth
National Register of cardiovascular surgery and interventions
The registry shall process personal data necessary to identify
patient; data related to the health status of the patient in relation to
disease, preoperative information (personal and family history,
diagnostic information about the treatment and course of the disease, reason and plan type
projected operations), operational information (date operations , identification
medical worker performing the operation, expert data on
performed surgery) and postoperative information (technical data
stay in the intensive care unit of the medical device, or the death of a patient
); the date of the cardiovascular interventions
coronary artery catheterization (indications, course difficulty, personal medical history, the results
angiography, including a description of the performance of procedures, the associated performance and
status) data on any non-coronary vascular interventions
(limbs ); data necessary to identify the provider, in which
medical equipment were made and cardiovascular surgery
intervention.
After 5 years since the death of the personal data anonymous.
Fifth
National Register of Joint Replacements
The registry shall process personal data necessary to identify
patient; data related to the health status of the patient in relation to
disease, preoperative information (personal and family history,
Diagnostic information about the treatment and course of the disease, reason and plan type
projected operations), operational information (date operations, identification of
medical worker performing the operation, expert data on
operation performed, including identification details of all
components used in artificial joint); data necessary to identify the provider, in which
medical device implantation was performed.
After 5 years since the death of the personal data anonymous.
6th
National Register of Occupational Diseases
The registry shall process personal data necessary to identify
patient; sociodemographic data relating to health
patient data on occupational diseases (date of discovery of an occupational disease
diagnosis of the disease, the corresponding entry in the list of occupational diseases
mentioned in other legislation, the date from which the disease has already not a disease of occupational
); data needed to characterize disease risk diseases
occupation (employment, the performance of occupational disease arose
risk factor working conditions, occupational disease caused
exposure to this factor, category of work), employer identification
(registered address, identification number of the organization
sectoral classification of economic activities); provider identification and date of issue
report.
After 40 years since reporting or 5 years after the death
personal data anonymous.
7th The National Register of drug treatment
The registry shall process personal data necessary to identify
multiple records for the same patient podstupujícímu professional care
according to § 20 para. 2 of Act no. 379/2005 Coll., On measures to protect against damage
caused by tobacco, alcohol and other addictive substances
, with different providers in one calendar year (personal identification number
- in the case of substitution or detoxification treatment for other forms of care
states identifier designed by advance
defined rules, which defines the registry administrator) and additional information:
code and the name of the municipality of residence; District and county of residence, nationality
, nationality, age, gender, marital status, date, circumstances and nature
contact with the provider, information about previous treatment
employment, educational attainment, housing character ( standing,
temporary residence in facilities, homeless, unknown)
information on drug use in the present and in the past, risk factors
drug application (s), testing for HIV and other infections (viral hepatitis)
and their results, type of treatment, continuous treatment Finally, information on the discontinuation of treatment;
Data necessary to identify the reporter providers. Furthermore
tracked specific information on replacement therapy (substitution
substance / medicinal product, the date of the first application of the substitution substance
information on the discontinuation of the regime reasons transfer a patient to another care provider
).
In the case of substitution treatments are personal data after 5 years since the death
anonymous.
In the case of other drug treatments is only processed
anonymized data.
8th
National Register of injuries
The registry shall process personal data necessary to identify
patient data on injuries treated in hospital,
data related to the health status of the patient in relation to the injury and his
diagnosis and treatment, the circumstances where the accident occurred, its causes,
detailed description of the place and time of the accident, speed of intervention
provider of emergency medical services, primary data transport,
detailed record of care in the ED and the subsequent provision of health
services, and data necessary for identifying the
inpatient health care in which medical facility the patient was hospitalized
.
After 10 years since the accident personal data anonymous.
9th National Registry of people permanently excluded from blood donation
The registry shall process personal data necessary to identify the person
permanently excluded from blood donation. ^ 47) Data identifying the donor
inserted into the registry transfusion services which donor donation
permanently eliminated, along with coded reason for exclusion from donation and
identification code of the device ^ 48).
After 5 years after the death of the personal data anonymous.
10th
National Register of autopsies and toxicological examinations carried out at the Department of Forensic Medicine
The registry shall process personal data necessary to identify
deceased; data associated with the health of the deceased in relation to the cause of death
, and personal history, data on employment, information on time, date, place
death and other circumstances, the information obtained by dissection (autopsy
date, number autopsy Protocol expert data on autopsy diagnosis
including basic, intermediate and immediate causes of death
and other illnesses that contributed to the death, and mechanism of death
toxicological examination); data necessary to identify
provider performing the autopsy and data necessary to identify
doctor who performed the autopsy (name or names and surnames).
After 5 years after the death of the personal data anonymous.
Selected provisions of amendments
Art. II Act no. 66/2013 Coll.
Transitional provisions
First Proceedings on the establishment of a guardian on the basis of a notification under § 35 par. 3
law on health services are effective before the effective date
force of this Act the court will stop.
Second If the court on the basis of a notification under § 35 par. 3 of the
health services as in force before the effective date of this Act
assigned a guardian who on the effective date of this Act
not meet the purpose defined in § 35 paragraph. 3 point. a) or b) of the
health services as in force before the effective date of this Act
proceed in accordance with § 35 of the Act on health care services in
wording effective as of the effective date of this Act.
Third Implementation of clinical and practical teaching and practical teaching and professional practice
according to § 46 para. 2 of the Act on health services, as amended
effective on the date of entry into force of this Act, the provider shall ensure
later than 12 months from the effective date of this Act.
1) Act no. 95/2004 Coll., On conditions for the acquisition and recognition of professional
and specialized competencies to perform medical
professions of doctor, dentist and pharmacist, as amended
regulations.
2) Act no. 96/2004 Coll., On conditions for obtaining and recognition of qualifications
for non-medical professions and for activities
providing health care and amending certain
related laws (Act on paramedical professions)
amended.
3) European Parliament and Council Directive 2011/24 / EU of 9 March
2011 on the application of patients' rights in cross-border healthcare.
4) Act no. 256/2001 Coll., On funeral services and amending certain laws, as amended
.
5) Act no. 374/2011 Coll., On emergency medical services.
6) Act no. 285/2002 Coll., On donation, drafts and transplantation of tissues and organs
and amending certain acts (Transplantation Act), as amended
.
Act no. 296/2008 Coll., On ensuring quality and safety of human tissues and cells
intended for use in humans and amending related laws
(Act on human tissues and cells), as amended.
7) Act no. 378/2007 Coll., On pharmaceuticals and amending some
Related Acts (Pharmaceuticals Act), as amended.
8) Act no. 285/2002 Coll., As amended.
Law no. 66/1986 Coll., On abortions.
9) § 48-51 of the Act no. 108/2006 Coll., On Social Services, as amended
.
10) § 18 point. d) Section 2 of the Act no. 326/1999 Coll., on Residence of Aliens in
Czech Republic and amending certain laws, as amended
regulations.
11) § 2 para. 12 of Act no. 325/1999 Coll., On asylum and amending Act no.
283/1991 Coll., On the Police of the Czech Republic, as amended,
(Act asylum), as amended.
12) Act no. 164/2001 Coll., On natural healing sources, sources
natural mineral water, natural spas and spa locations
and amending certain related acts (Spa Act)
as amended.
13) Act no. 123/2000 Coll., On medical devices and change
some related laws, as amended.
14) Act no. 18/2004 Coll., On the recognition of professional qualifications and other eligibility
nationals of Member States of the European Union and
some other states and amending some laws (Act on the recognition of professional
qualifications), as amended.
15) Act no. 18/1997 Coll., On peaceful use of nuclear energy and
ionizing radiation (Atomic Act) and amending and supplementing certain
Acts, as amended.
16) Act no. 258/2000 Coll., On protection of public health and amending
some related laws, as amended.
17) § 24 point. c) Act no. 111/2009 Coll., on basic registers.
18) Act no. 111/2009 Coll., As amended.
19) § 21 para. 2 of Act no. 435/2004 Coll., On Employment, as amended
.
20) For example Act no. 582/1991 Coll., On organization and implementation
Social Security, as amended, and Act no.
187/2006 Coll., On Sickness Insurance, as amended regulations.
21) For example Act no. 285/2002 Coll., As amended,
Act no. 373/2011 Coll., On specific health services.
22) Family Law.
23) § 26 par. 1 and § 28 point. c) of the Act no. 117/1995 Coll., on state
social support, as amended.
24) Act no. 435/2004 Coll., As amended.
25) Act no. 187/2006 Coll., As amended.
26) Act no. 582/1991 Coll., As amended.
27) Act no. 563/2004 Coll., On teaching staff and amending
certain laws, as amended.
28) Act no. 111/1998 Coll., On universities and on amendments and supplements
other acts (the Universities Act), as amended
regulations.
29) Act no. 300/2008 Coll., On electronic acts and authorized conversion of documents
, as amended.
30) § 21 of Act no. 36/1967 Coll., On experts and interpreters.
31) Act no. 349/1999 Coll., On the Public Defender of Rights, as amended
.
32) European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
announced notification of the Ministry of Foreign Affairs
under no. 9/1996 Coll.
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment renowned
notification of the Ministry of Foreign Affairs under no. 78/2006 Coll. ms
33) § 4. d) of the Act no. 101/2000 Coll., on protection of personal data and amending certain laws
.
34) For example Act no. 89/1995 Coll., On State Statistical Service, as amended
.
35) Act no. 108/2006 Coll., As amended.
36) Act no. 585/2004 Coll., On conscription and its provision
(Conscription Act), as amended.
37) Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code), as amended
.
38) Act no. 301/2000 Coll., On registers, names and surnames and amending
some related laws, as amended.
39) Decree no. 328/2001 Coll., On some details of security
Integrated Rescue System, as amended by Decree no. 429/2003 Coll.
40) Act no. 273/2008 Coll., On the Police of the Czech Republic, as amended
.
41) For example Act no. 258/2000 Coll., As amended,
Act no. 378/2007 Coll., As amended, and Act no. 296/2008
Coll. as amended.
42) § 66b of the Commercial Code.
43) Act no. 220/1991 Coll., On the Czech Medical Chamber, the Czech Dental Chamber
and the Czech Pharmacists' Chamber, as amended
regulations.
44) For example Act no. 111/1998 Coll., As amended.
45) § 200 et seq. Labour Code.
46) Act no. 435/2004 Coll., As amended.
47) Part B, point 1 of appendix no. 3 of Decree no. 143/2008 Coll., On the
detailed requirements for ensuring the quality and safety of human blood and its components
(Decree on human blood) as amended.
48) Section 7.1.4. point. a) Annex no. 1 of Decree no. 143/2008 Coll., on
human blood.
49) Civil Code.
Law no. 94/1963 Coll., On family, as amended.
50) § 14c of the Act no. 48/1997 Coll., On public health insurance and
amendment of certain related laws, as amended
regulations.