Information about the state of health Control work: The right of the patient to information about the state of health

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The right of the patient to information about the state of health and the preservation of medical secrets

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STATE HEALTH AGENCY OF THE FEDERAL AGENCY FOR HEALTH

DEPARTMENT OF SHIP MEDICINE AND LAW

FACULTY OF NURSING EDUCATION

CONTROL ROBOT

from the discipline "LEGAL BASIS OF HEALTH CARE"

TOPIC: "The right of the patient to information about the state of health and the preservation of medical secrets"

2009

Entry

Medicinal law - the bogeyman of law Russian Federation, what is involved in the regulation of water in the sphere of health protection and medical insurance; In other words - usima vіdnosinami, scho blaming shdo organіzatsії, payment that nadannya medical assistance.

The role of the state in Russian health protection milking is strong that volume:

1. First, the power will vote the right to protection I'm healthy and guarantee the minimum contract medical assistance, which is hoped for cost-free for ZMS.

2. In a different way, it will establish standards for the provision of medical assistance, obligatory for vikonnanny both by sovereign medical regulations and private ones.

3. Thirdly, the Russian Federation controls the activities of medical institutions: establishes the necessary permits for the provision of medical services (licenses, certificates of medical institutions; diplomas and certificates of doctors), conduct accreditation of activities, establish a transition of visual organizations.

4. Fourthly, the state attracts the osіb, the guilty ones from the damaged rights and legitimate interests, to the point of viability.

5. By the way, the state transfers the development of the health protection system by the subjects of the Federation and gives them on the basis of the necessary improvements. In addition, the state determines the number of rights and legitimate interests of an individual in the gallery to protect their health, protect them and guarantee the right to defend against their damage.

Slіd zaznachiti scho spravzhnє encampment receptionists Health Protection at Russie and the Same: vіdsutnіst chіtkoї reglamentatsії dіyalnostі of organіzatsії that nadannya medichnoї Relief, vіdsutnіst єdinih standartіv yakostі medichnoї Relief, nizka yakіst medichnoї Relief in weathering i formalnіst vіdnosin at Yogo sistemі, vіdsutnіst legal vihovannya subjects of health care and other peculiarities of health care in the country, - due to the recessionary system, which was founded in the SRSR.

In the SRSR, the health care system was practically a closed system: the regulation was in place for the vigilant service members and was assigned as a type of patient, and a type of doctor; the protection of health was financed exclusively by the power and, with all the medical help, free of cost, it was available, and it was clear for the yakistyu. The defender of his rights in the sphere of health protection for such minds would be rather laborious and ineffective.

The regulation of the rights was changed with the adoption of the Constitution and the Fundamentals of Legislation on the Protection of the Health of the Citizens in 1993. So, now, additional systems of health protection (state, municipal, private), additional guarantees (obov'yazkove and voluntary medical insurance), additional opportunities (paid medical services). Dali regulation of the protection of health entrusted to law, and control - to sovereign bodies, medical associations, special organizations, community organizations, and a great citizen. The process of providing medical assistance has become more transparent, and therefore, the defense of their rights in the sphere of health care is more real.

1. Patient's rights

A skin patient needs to be informed about the basic civil rights, which are passed on by official legislation in the field of health protection. This knowledge allows you to competently be your own voucher with the pledges of the protection of health, to attack your goiter with them, to pay food, to control the quality of the glee and to resolve conflict situations.

The current legislation of the Russian Federation should seek a wide list of the rights of patients. But the greater part of the population cannot be corrupted by them through the abundance of available information and the real application of their zakhistu. It is unlikely that more readers know that in the Russian Federation patients may have the right to freely know their medical documentation and receive consultations from any specialists. Time for an hour, the opportunity was given in 1993 by the Law of the Russian Federation “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” (Article 31).

The patient of endowments has yet another important, or, more precisely, the most important right - for the same safe medical help. Without the provision of this principle, the foundation of all medical care is allowed to the senses, and the population in this case has nothing to pay tribute to the sovereign health care.

Also, apparently up to the dignified legislation, the patient in the Russian Federation has the same basic rights:

· The right to legal assistance and safe medical assistance;

· the right to accessible, free medical assistance within the framework of the "State Guarantee Program";

· The right to koristuvannya for payment of additional medical and service services;

· The right to choose a doctor and a medical mortgage;

· The right to a year and a year of medical education;

· The right to full information about the nature of medical education and the state of one's health;

· Saving in the taєmnitsі іnformatsiї about the fact of animal care for medical help, about the camp of health, diagnosis (medical taєmnitsya);

· The right to an independent medical examination;

· The right to dismissal of shkodi for inadequate medical assistance.

All rights are legislated for the hulks, so in times of their destruction there is a legal obligation of subjects, as they give medical services, which include administrative, criminal and civil law. The administrative and criminal punishment is the form of sovereign sanctions for the most part of the offender, and it only stagnates in a few vipadkas, directly assigned to the code of laws. According to the Civil Code of the Russian Federation, all cats tied with likuvalny mortgage go straight to the injured party - to the patient (or relatives). To the very same, civil poses are the most optimal way to defend the rights of patients, to secure the cost of liquor from the tormentor, how to spend money and compensate moral shkoda.

The rights of the patient are not to be found in the same single "medical code" - the stench is divided according to impersonal laws and legal acts, to bring distant, at first glance, types of medicine, zocrema in the Civil Code of the Russian Federation. The most significant of them were indicated in the list of normative legal acts that can be added. The Crimean laws that decreed the most important role in the execution of "medical" rights to play such a title of court precedents, the more such applications are in analogous cases of justice court practice the poser has more chances for success.

Let's take a look at the norms of specific laws of the Russian Federation, how to determine the rights of patients.

1. Before the Constitution of the Russian Federation, a statute is included, as a matter of course, it is brought to the rights of patients:

Article 41

Kozhen may have the right to the protection of health and I will provide medical assistance. Medical help at state and municipal mortgages for the protection of health is hoped for by the people free of charge for the expenses of the budget, insurance premiums, and other expenses.

As far as the text of the Constitution is concerned, a skin person in the Russian Federation has the right to receive medical assistance. Prote free likuvannya gromadyan can take away less from sovereign and municipal mortgages for the protection of health and less in that obligation, which is paid by the budget and insurance premiums. The state guarantees the citizens no more than suvoro installations of medical assistance, for which they can take contributions from "healthy" payers. Medical services for this "standard" patient pays independently.

2. Federal Law "On medical insurance of the population of the Russian Federation" to avenge the rights of patients, as insured under obov'yazkovogo medical insurance. Oskіlki tsey view sovereign insuranceє obov'yazkovim and zagalnonationalnym, then the rights of insured persons are assigned here to all residents of the Russian Federation (and also to to foreign citizens, we will insure up to the Russian Federation under ZMS). Vidpovidno to the appointed law:

Article 6

citizens of the Russian Federation have the right to:

· Obov'yazkove and dobrovіlne medichne insurance;

· Select a medical insurance organization;

· Selecting a medical mortgage and a doctor is required prior to contractual obligations and voluntary medical insurance;

· Otrimannya medical assistance throughout the territory of the Russian Federation, zocrema posture postiy mіstsya living;

· otrimannya medical services, vіdpovіdnyh obyagom and yakіstyu umovom contract, nezalezhno vіd rozmіru actually paid insurance contribution;

Presentation I will call the insurer, insurance medical organizations, medical establishment, including on the material, the blowing of a pododiyanoy z їhnoyї blame shkodi, independently, in addition, it was transferred tse chi in the contract of medical insurance;

· The return of part of the insurance premiums for voluntary medical insurance, as stipulated by the contract.

Article 7

On the territory of the Russian Federation, individuals who do not care about the bulk, have the same rights and obligations in the health insurance system, like the bulk of the Russian Federation.

Article 27

The medical authorities shall be liable for the obligation to pay the same amount of their medical services and for the supervision of the medical assistance of the insured party.

3. Federal law "On the defense of the rights of citizens" bezposeredno zastosovuetsya less to paid medical services.

The Crimea of ​​visceral laws is to establish special laws that regulate the rights of the sick to the songs of the disease, for example:

Federal law "On psychiatric assistance and guarantees of the rights of citizens with її nadanny" (dated 02.07.92),

· Law of the Russian Federation "On the prevention of the spread of tuberculosis in the Russian Federation" (date 18.06.01).

· Law of the Russian Federation "On the advancement of the spread of illness in the Russian Federation, as a result of the virus of human immunodeficiency (VIL-infection)" (ex. 30.03.95).

And also the law, which regulates the law, which is blamed on the same situations, for example, the Federal Law "On Immunoprophylaxis of Infectious Ailments" (date 17.07.98), which establishes special rights and compensation for patients, as a form of waiver of contributions. The rights of patients, which are covered by them, are, in fact, the same as in the "hard" laws.

4. Law of the Russian Federation "Fundamentals of the legislation of the Russian Federation on the protection of the health of the population" to avenge the rights of patients.

Article 30

When you are sent for medical assistance, that її obsessed patient may have the right to:

1) more important is that humane placement on the side of medical and service personnel;

2) choosing a doctor, including a family doctor and a jubilant doctor, with good health, as well as choosing a liquor-preventive mortgage, it is valid before agreeing on obov'yazkovy and voluntary medical insurance;

3) obstezhennya, lustfulness that morning in the minds, which inspires sanitary and hygienic caregivers;

4) holding a consultation on yoga and consultations of other fahivtsiv;

5) relief of pain associated with illnesses and (or) medical interventions, available methods and methods;

6) saving in taєmnitsi іnformatsiії about the fact of annulment for medical assistance, about the camp of health, diagnosis and іnshі vіdomostі, otrimani with yogi obstezhennі and likuvannі, vidpovіdno to statti 61 tsikh Fundamentals;

7) informed good luck on the medical vtruchannya vіdpovіdno up to statti 32 tsikh Fundamentals;

8) vidmova vіd medical vtruchanny vіdpovіdno up to statti 33 tsikh Fundamentals;

10) withdrawal of medical and other services within the framework of programs of voluntary medical insurance;

11) statute 68 of the Basics at different levels of the child's health and wellness under the hour of medical assistance;

12) access to a new lawyer or another legal representative for the protection of rights;

13) admission to a new clergyman, and in the liquorary mortgage on the mind for the correction of religious rites, including on the nadanny of the clergy, as it does not violate the internal order of the liquor mortgage.

Stats: 66, 68 to establish the right to receive medical aid in the case of a child who is healthy under an hour of medical assistance.

Article 69 establish the right of the citizens to oskarzhennia diy sovereign bodies and landowners, which infringe on the rights and freedom of the hulks in the garden to protect their health.

Article 31

A skin gromadian may have the right, in an accessible form, to take publicly information about the state of his health, including information about the results of obstetrics, the presence of illness, his diagnosis and prognosis, methods of treatment, treatment of rizik, possible options for medical treatment, and the results of the conducted jubilation.

· Intormakіya about Stan is healthy Muzdannina Naduyu, and Schodo Osisib, Yaki did not flaunt 15 Rockіv, Tu Vompanian, visited in an increasing law of procedure for arrivals, - ї ї Lesson, Lіkarem, Scho Zavіduє Vіddіlennami Lіkuvalo-Prof_digovy, Installing Aboy Fakhivtsi like accepting an uninterrupted fate in obstezhennі and likuvanni.

· Information about the camp of health cannot be given to citizens against their will. In case of an unfavorable prognosis, the development of illness is due to be shared with the delicate form of the population and the members of this family, even if the population does not remember to tell them about the process (or) without acknowledging the person, if such information can be transmitted.

· The citizen may have the right to directly know the medical documentation that he is becoming healthy, and that he should take advice from other fahivtsiv. For the vast majority of you, you rely on copies of medical documents that show the state of your health, as if there are no third-party interests in them.

Information about what to seek medical documents a hulk, to become a likar's mystery and you can push yourself without a hulk's luck on the bases, transferring the article 61 of the Fundamentals.

2. Preservation of medical secrets

When you are sent for medical assistance, that її otrimannya patient may have the right to save medical secrets. The medical mystery is guilty of being saved in the event of a flurry - go about SNID, or about something else ill.

Article 61 "Fundamentals of Legislation of the Russian Federation on the protection of the health of the people" reveals the difference between medical secrets and gives a retelling of situations, in which it is allowed to speak.

Medical mystery- all information about the fact of medical assistance, the status of a healthy patient, the diagnosis (name) of the disease, the diagnosis of the disease, the possible prognosis of the disease, as well as the other vidomosti, the elimination of the disease when the patient is ill. Razvoshennya vіdomosti, scho to become likarsku taєmnitsyu, persons, like stench have become vіdomі pіd hаvchannya, vykonanny professіynykh, sluzhkovyh and other obov'yazkіv fenced. For example, reports about family and intimate life, about the health of relatives.

For the sake of a citizen or yogo legal representative, it is allowed to transfer records to establish a medical secret to other citizens. Nasampered - let's put people at the mercy of obstezhennya and likuvannya, for carrying out scientific research, winning these records from the initial process in other purposes. Without the permission of the patient (or his representative), the transfer of information about the new one is illegal, it is respected by the discourse of the medical secret.

Lyudina, as she has reached the age of 15 years, has the right to act independently - to whom and in what circumstances can be trusted to establish a medical mystery. For an incomplete century, up to 15 years of decision, the fathers and other legal representatives will receive the same food.

In rare cases, referred to by law, it is allowed to transfer information to establish a medical secret, without the help of a hulk or a legal representative.

1. with the method of obstezhennya that exultation of a hulk who is not built through his camp to hang his will (to know that the unfamiliar, not safe for life, will become healthy in a situation, if legal yoga is a representative of inaccessibility);

2. in case of a threat of expansion of infectious diseases, mass poisoning and infection;

3. to request the bodies of investigation and investigation, the prosecutor and the court with a link to the conducted investigation or judicial review (situation, if the patient is a participant in the criminal process of the civil process); in such situations, information that avenges a medical mystery is hoped only for the obviousness of an official formalized request (order the court, a judge, a prosecutor, a suspect) it is important that doctors do not goitre according to the law, but according to professional rules, tell about their patients, be it, the crime of information about the state of health, what to avenge in the history of illness;

4. at the time of the need to help the child for up to 15 years to inform the fathers or legal representatives;

5. for obviousness, you should be aware that the health of the scumbag is wrong because of the opposite actions (for example, the patient is a victim of mischief), the information is transmitted by the medical establishment to the police.

Doctors of goiter should be told by the rules of the profession to tell the patient about those that the medical secret is revealed for the most part or for other overexposure reasons.

Individuals who, according to the law, have been transferred to the vіdomosti, to establish a medical secret, carry for її vociferation vіdpovіdіlіnіnі (from urakhuvannya zapodіyanoї shkodi patients) just like a doctor. Criminal liability arises for Article 137 (part 2) of the Criminal Code (destruction of the lack of torment of private life, caused by a special person to help his service camp). Hromadyanskaya vіdpovіdalnіst I’m standing at the time of the presentation of the call about the blowing of moral shkoda, zapodiyanoї rozloshennyam likarskoy taєmnitsі (Article 151 of the Central Committee)

Vіdomosti, scho to establish a medical mystery, scho impossible to inquire of notaries, and navіt lawyers, yakі mаyut interests of third parties. Presented by a lawyer to the court a conclusion from the PND, or otherwise, install your client without it, on the demand for such a conclusion, or else the individual, as the opposite side of the right, or the other participant in the process (certificate), . otherwise, civil justice was assessed by the court as if there was evidence, t.to. tsya dovіdka bula zdobuta lawyer beforehand illegal way.

3. Medical deontology legal aspects protecting information of a confidential nature

medical ethics- ce rozdіl philosophical discipline of ethics, the object of investigation of any moral aspects of medicine. For a senior sensitized by medical ethics, the sum total of moral norms of the professional activity of medical practitioners is understood. In the remaining significance, medical ethics closely adheres to medical deontology

Medical deontology- the integrity of the ethical norms of the medical practitioners of their professional shoes. Tobto. deontology transfers important norms in return from illness. Medical ethics conveys a wider range of problems - for each other we are ill, medical practitioners among ourselves, among relatives of the sick, healthy people. These two are dialectically tied to each other.

Modern rules of ethics and deontology

1. The work at the responsible hospitals is due to subordination of suvoro discipline, subordination is due to the subordination, so that the service of the young one behind the planting of the elder.

2. The medical practitioner of any sick person is guilty of being correct, respectful, and not allowing familiarity.

3. The doctor must be a highly qualified specialist, universally literate. Read the medical literature at once, especially through your own ailment. The doctor is guilty of such a situation professionally and delicately dealing with ailments. Wrong doctors or medical personnel, carelessly spoken word, analyzes of any history of illness that have become accessible to the sick, can lead to a phobia, that is the fear of another illness, for example: cancerophobia - the fear of illness to cancer.

4. Prior to deontology, it is necessary to save the medical secret. Saving medical secrets is not only for doctors, but also for medical staff, students, for all those who are in contact with the sick. Є rule: "The word is good, but the word can be calculus." The medical secret is not extended to the relatives of the sick. The doctor is guilty of povidomiti relatives correct diagnosis, sickness and prognosis.

5. With medical deontology, iatrogenia is closely associated - the sick camp, the ingenuity of the medical practitioner. If a person is distrustful, psychologically unstable, then it is easy to infer that she has an illness, and that a person starts to have different symptoms of an obvious illness.

6. Before deontology lie down and put before colleagues. It is not possible to criticize and evaluate our colleagues in the presence of the sick. For the respect of colleagues, it is necessary to work with the need for HIV-on-HIV, without boosting the authority of the doctor.

7. Wenmini ІЗ SEREEDNI THAT MOUTER MEDOUSONAL MAYUT BETI Democratic - Woni I know і і сайть с и и и и и и и исі біка саємниці - don't rodomyti nі a pivot, nі roses about the outbreak of Schuvnya Chi Pathologiya, Scho stroke Lіkuvannya methods. answer to all food: "I don't know anything, ask the doctor."

The most important storage information of the lack of privacy of private life is the defense of the confidentiality of personal medical data, information about the health of individuals. Chinne legislation about personal data is named in the category of dosі zastosovuє the term "medical secret". To the thought of legal scholars, it would be more correct to call it a "medical" mystery. It is important that the obligation to recognize and save such a secret is laid not only on doctors, but also on other specialists in medical organizations, such as paramedics, nurses, midwives, nurses, laboratory assistants, and scientists, too.

That's why you need to take it as a rule not to talk about the daily reports about patients. Under the voices of the mind, whether it be the deed or the inactivity of the individual, as if goiter is to save the medical mystery, as if you are violating the law, or absolve the contract, after which the third persons began to enter the house, to establish the medical mystery.

It is right to pass on to colleagues or other persons deprived of that obscure information, which is effectively necessary to pass on for obstezhennia, consultation, establishment or clarification of the diagnosis, for the implementation of tactful and strategic nutrition, including the patient's greed.

Vіdpovіdno to the Federal law "On personal data" vіd 27 April 2006. No. 152-FZ (Russian newspaper, 2006, 29 lipnya) to personal data, zocrema, can be seen: PIB individuals, birth, month, date and place of the yogo people, addresses, family, social, main camp, education, profession, income, іnsha information. Dani shdo become healthy - a special category of personal data. Їх processing (selection, systematization, accumulation, saving, clarification, reconciliation, distribution, including transfer, specialization, blocking, reduction) according to the rules of Art. 10 given federal law it is not allowed, for a little wine the following are low: 1) as a person - the subject of data, that I will become healthy, gave a letter to the letter form for the collection of their data; 2) how the processing of these data is necessary for the protection of life, health and other important interests of the subject of such data or life, health or other important lives of other interests, that removal of the subject of such data or life; 3) Yakschko robbing qih zyіysnyu in medical and professional tsіlyakh, z Methods Age of Medical Diagnosis, Naddeda Medichennya Ta Medical and Social Society for Umovy, Scho їCh Rodіysnіstuyu is a special professionally to do the use of VІDPOVIKOD, Zobov'ytiy Lіkarski Taiєmnitzia; 4) that the processing of the appointment of data is necessary for communication with the judiciary; 5) how the processing of these data is subject to the legislation of the Russian Federation on security, on the operational-rozshukov duty, and also is subject to the criminal law of the Russian Federation.

The collection of personal data about the camp of health is guilty, but it is negligently pinned, as if they were taken for other reasons, after all, their processing.

On the basis of the Federal Law in Russia, an authority is being created to protect the rights of subjects of personal data, which ensures control and supervision of the processing of personal data under the Federal Law, looking at the behavior of citizens (subjects of personal data) about the security of the processing for the purposes of their processing. The appointment of the body may be of great importance, it may be the right, zocrema, to go to court with a summons to defend the rights of the citizens and represent their interests in court.

4. Vіdpovіdalnіst іn vіdpovidalnіst іn razholoshennya likarskoї єmnitsі

Individual, Yakima at vstanovlenomu law order peredanі vіdomostі scho stanovlyat lіkarsku taєmnitsyu, narіvnі of medichnimi that farmatsevtichnimi pratsіvnikami of urahuvannyam zapodіyanoї The Citizen Skoda zaznayut for rozgoloshennya lіkarskoї taєmnitsі distsiplіnarnu, tsivіlno legal, admіnіstrativnu abo krimіnalnu vіdpovіdalnіst.

The Labor Code of the Russian Federation (subparagraph “c”, paragraph 6, article 81) transfers the possibility of opening an employment contract with the initiative of robots at the time of the announcement by the worker of the secretary, which is protected by law, has become your way of communicating with him about labor obov'yazkiv. Vidpovіdalnіst also bear individuals, wine violations of norms, regulatory otrimannya, processing and protection of the personal data of the practitioner (Article 90 of the Labor Code of the Russian Federation).

Code of the Russian Federation in Article 13.14 for Rosholoshennya Іnformazії, access to Jaco's jackets by federal law (for Vinyatkom Vipadkiv, Yakschko Rosholoshennaya Vіdpovіdalnіst), especially Vіdpovіdalnіstіst), especially, yak recoulated access to such information or professional obov'yazkiv, transferring an administrative fine on a hulk at a count of 5 to 10, and on a landing individual - at 40 to 50 minimum dimensions pay for the cost

Article 13.11 of the Code of Administrative Offenses of the Russian Federation transmits administrative violations of the collection, collection, selection and expansion of information about the population (personal data) established by law. Until the conclusion of the article, you can be attracted like a large community, and landowners and navit legal individuals, tobto. install that organization. For the rest, for example, it is early to set from 50 to 100 minimum allowances for payment of work.

Civil and legal repercussions may occur in times, as individuals, in the case of how they were voiced, the head of the material and moral shkoda. The person has the right to file a call for a statement before the court about the birth of shkodi. In the event of a prescribed compensation for moral damage, the court will take the steps of the guilty to the extent of respect, and the other furnish, which deserves respect. The court is also guilty of protecting the steps of physical and moral suffering, connected with the individual characteristics of the individual, like a head of shkod (Article 151 of the Central Committee of Ukraine). There is a serious assessment of the fact of the expansion of the mental health status of the population, the scope of the expansion of the statistics.

Civil and legal responsibility for the expansion of such information is not carried by a person, as she gave services: 1) how to transfer information given by another special (for the mind and transfer without changing that correction); or 2) how to save information and secure access to it for the mind that the person could not know about the illegality of the dissemination of information. Tse rule to be forgiven at paragraph 3 of Art. 17 of the Federal Law "On Information, Information Technologies and Protection of Information" dated April 27, 2006 No. 149-FZ (Russian newspaper, 2006, 29 pm).

For the illegal selection of rozpovsyudzhennya vіdomosti, scho to establish likarsku taєmnitsyu, transferred and criminal liability under Art. Federal law dated December 8, 2003 Vіdpovіdalnіst for tsієyu statteu posled. Under the widening of the lists, it is possible to learn about them, but only one person. It is not possible to recognize as a broken medical secret the necessary exchange of information between medical practitioners and other facilitators for special psychiatric assistance. Part I Art. 137 of the Criminal Code of the Russian Federation does not establish a specific subject's mischief. You can be a condemned person, you have reached 16 years. Part 2 Art. 137 transfer more suvore punishment to the wines of their service camp.

Visnovok

Well, the process of reforming the health care system is still far from complete and will require great efforts at the coming moments: organization of the most accessible medical assistance; organization of guiding care for medical personnel and medical institutions; legal regulation health care systems; tax breaks in the system of medical insurance; the provision of uniform standards for the quality of medical assistance. New light values ​​are becoming more and more solid: the rights of specialty, the rights of a person, which ceases to be only a part of the whole, and begins to emerge as a free and self-sufficient value.

Some of the incomprehensible progress of various areas of medicine cannot be left behind with the inevitable moral and philosophical cob. The concepts of medical ethics and deontology are more meaningful. Tse i stosunki with the patient, scho nazhuyutsya that is based on a deep zvorotnoy link. Tse i counterpoint mіzh we are ill and suspіlstvo, relatives, known, comrades in service. It is even more important to remember that the doctor has great power over the ailing people, the shards of the patient trust him with their lives. At this hour, the absolute power is one of the most charming facets of privatility and the greatest advantage of our profession. Medical mystery - tse information about the fact of the call for medical help, the camp of a healthy patient, diagnosis ...

Such information about hidden thoughts and the experience of an ailing person is the most wicked thing...
... to keep that savings of records in a deep secret, so in a strict saving of a professional secret. We do not vipadkovym those who ...

Information about types of environmental problems

The primary information about the camp of a particular patient is found in the special card in the polyclinic (or in the medical unit ...
The right to information about the health of the population Fundamentals of Ukrainian legislation on the protection of the health of the population Article 19.


PROCEDURE FOR SENDING INFORMATION

about the camp of healthy patients, if they are being transferred to the hospital at the Federal Budgetary Institution “FTSSG” of the Ministry of Health of Russia Krasnoyarsk (dalі-Center) to relatives and close patients.


1. Information about the status of a healthy patient, who is transferred to a stationary hospital in the Center, is only available to persons designated as a patient on the form to allow the transfer of information that is stored in the medical secret. This form must be filled in by the patient at the time of admission to the hospital at the admissions office and go back to the history of illness. Vіdpovіdalna for filling out the form and placing in the history of illness nurse priimalne vіddіlennya.

2. IFFORMAYY PRO FEDERS WEIGHT'YA PATZІєNTA POSSIONS, SKIMA PAZІєNT GENERAL PAYMENTS ON RECORMANY Інформації, Can Nadavati Lіkar, Opechaschiy Khіррг, Zavoduwach Vіddіlennya, Lіkar - ReanіMatologist Abo Zodduvach Vіdddіlennya Reanіmatsії with an implied Pazієnta at Vіdddіlenі reanіmatsії.

3. Information about the patient, it is possible, to take away during special conversations with the doctor, either as the head of the department, or in the telephone mode. At the time of submission by the patient of a specific individual for the selection of information, the ways of transferring only full-time - after the submission of documents that confirm the person, that zvirtsі їx data from those designated by the patient for the transfer of data.

4. Robocha Dnі іnformakіya about Stan's healthy Pazієnta is rid of Lіkarem Abbo Khіruurg, Shaho Opere, at the individuals of the Zoustrіchi Abo with a telephone number of the order of the ordinatorsko З 14.00 to 16.00 (turns on Іnformakіu about Pazієntіv, Yaki I am looked around at Vіdddіlenі anesthesiologii by reanіmatsії). Information about the camp of patients transferred to the resuscitation department after 16.00, hopefully on the same day by a chergovy resuscitator or a chergovy child resuscitator from 20.00 - 22.00 at the phone number

5. Vikhіdnі Okitnya Dnі іnformakіya about Stan is healthy Pazієntіv, Yaki I am looked at L_kuvanіi vіdddіlenі anesthesiologiii, the reanіmatsіїnіiiyiyiyii, a fictional reanіmatologist Aboy Aboy Dityachy reanіimatologist З 10.00 to 12.00 TA 20.00 to 22.00 per room l_kar.

6. Information about the state of a healthy patient from the head of the office can be taken away or without intermediary, by calling for the phone number of the office of the head of the office working hour, but through the doctor, some kind of goiter to inform the rest about the need for a rose, I will become a healthy patient. The head of the office for 2 working days is responsible for providing information in the telephone mode or in full-time communication.

7. To the other practitioners of the Center, crime osib, appointed under paragraph 2 of the Order, give any information about the patient’s camp. Information about the request, about the patient's camp, must be transferred to the patient's doctor, or to the surgeon, who is happy, if the patient is known to be in resuscitation - the resuscitator's doctor.

Article 30. Patient's rights

When you are sent for medical assistance, that її obsessed patient may have the right to:

^ 7) informed about good health at the medical level, up to article 32 of the Fundamentals;

8) vidmova vіd medical vtruchanny vіdpovіdno up to statti 33 tsikh Fundamentals;

9) taking away information about one's rights and obov'yazki and the state of one's health is valid up to Article 31 of the Basic Principles, as well as on a choice of rules, as a result of the patient's greed, information about the state of health can be transmitted.

^ Article 31 The right of citizens to information about the state of health

A skin gromadian may have the right, in an accessible form, to take publicly information about the state of his health, including information about the results of obstetrics, the presence of illness, his diagnosis and prognosis, methods of treatment, treatment of rizik, possible options for medical treatment, and the results of the conducted jubilation.

Information about the camp of a healthy citizen is hoped for by him, but for the most part, he didn’t reach the age established by part of the other article 24 of the Fundamentals, that hulk, known to the order established by law, not undetectable, - to their legal representatives or by other specialists, yak take an uninterrupted fate in obstezhenni and jubilation.

Information about the health camp cannot be given to the people against their will. In case of an unfavorable prognosis, the development of illness is due to be shared with the delicate form of the population and the members of this family, even if the population does not remember to tell them about the process (or) without acknowledging the person, if such information can be transmitted.

The citizen may have the right to directly know the medical documentation that he is becoming healthy, and that he should take advice from other fahivtsiv. For the vast majority of you, you rely on copies of medical documents that show the state of your health, as if there are no third-party interests in them.

Information that can be found in the medical documents of a gromadian, become a medical mystery and can be pressed without a gromadian’s fortune only on the bases, transferring article 61 of the Fundamentals.

^ Article 32 . Good luck on the medical vtruchannya

Necessary forefront of the mind of a medical doctor was informed of the good fortune of a hulk.

At the Vipadov, Koli Vaddanovina Visavoli's Volokoli's will do his will, and the Medichni Vtvyannya є Nevіdkladnaya, Pitanna about yoga spent on Corning Vompanian Virіshuє Consilіum, and for the Nemozhostі Zіibrati CONSILIMUUM - LIKE-DOCUSLY (CHILDREN) LIKIKA ZIBUTO-PROVITING ENTERFORM .

Years in the medical profession, if they did not reach the century, established by a part of the other article 24 of the Fundamentals, and the people, who were recognized by the order established by law as unfeasible, give their legal representatives after they were informed of the statements, transferred by part of the first article of the Fundamentals of 31. For the presence of legal representatives of the decision about medically delivered accepts a consultation, and for the impossibility of picking up the brothers, the consultation - without a middle gleeful (chergovy) doctor from the onset of posadovyh osіb likuvalno-prophylactic install the lawful representatives.

^ Article 33 . Vіdmova vіd medical vtruchannya

Gromadyanin or yogo legal representative may have the right to act as a medical officer or vimagati yogo attached, for a winyatkiv, transferring article 34 of the Fundamentals.

At the time of the visit of the gromadyaninov, or to the legal representative of the form available to you, the blame may be clarified. Vіdmova vіd medical vtruchannya іz zaznannym poslіhіh іdkіv is made out by a note in the medical documentation and signed by a citizen or a legal representative, as well as by a medical practitioner.

When Vіdmmі Batkіv Abo of the Easy Permanent Represents Individual, Yaka did not reach the Vіku, an incapacitated part of another Stattі 24 qih basic, ABO RESIDNESS OF ORBA, VISNAYA IN THE EMPLOYMENT OF RESULT OF RESERTENY, VIOD MEDICAL DETWORKS, NECESSION ONLY FOR GORUDUNKY DOP before the court zahistu іinteresіv tsikh osіb.

^ Article 34 Nadannya medical help without the help of the hulks

Naddeda Medical Dopmers (Medichesky Liegled, Misitalіzatsiya, Site Awedena, Ozolatsіya) Without Zgey Vuddyan Aboy, Osisb, Yaki, I am allowed to challenge, Shah, becoming a careless for Otchuychnyh, Osisb, Yaki, I am obliged to the Holy Psychiatry Roseli, Abo Osisib, Yakі unsafe act, on the basis of order, established by the legislation of the Russian Federation.

The decision on the conduct of a medical examination and the guarding of the hulks without their help, or the help of their legal representatives, is accepted by the doctor (council), and the decision on the hospitalization of the hulks without their help, by the court.

The provision of medical assistance without the help of the hulks and their legal representatives, caused by anti-epidemic visits, is regulated by sanitary legislation.

Looking back at that hospitalization, as if they are suffering from severe mental disorders, they are carried out without them in order, which is established by the Law of the Russian Federation “On psychiatric assistance and guarantees of the rights of citizens with її nadanny”.

It is evident that, if they have committed suspіlno unsafe diїs, they can be stagnant primusovі come in medical nature on the basis of that in order, established by the legislation of the Russian Federation.

^ Perebuvannya hulks at the likarnyanoy mortgage are trivay until they are found out, for those who have been hospitalized without good luck, but for the decisions of the court.

13.1. Deyaki dzherel the right to informed voluntary work

At this time, the right of the patient to be informed about good health in the medical field is enshrined in legislation on the protection of the health of the country.

Vіdpovіdno to st. 5 Conventions dated 19.11.1996. “About the defender of the rights of that goodness of a person at the link with the victims of biology and medicine”, a medical officer can only be informed after that, as a person, as a person who knows it, give a voluntary benefit.

In the Declaration on the policy in the field of ensuring the rights of the patient in Europe, 1994. to say that “the patient’s condition was informed beforehand, whether it was some kind of medical presentation.”

International legal acts on the nutrition of clinical records for the fate of people - the Nuremberg Code that Declaration of Helsinki, 1964 - Signify the need for informing the participants in the experiment.

Article 9 of the Declaration of Helsinki of 1964 kazhe: “The doctor ... is guilty of otrimati volno informed object, it is more important for a written person”.

DOCTRINE OF DOINFORMOVOY DOPLINYLYYY GODY ON MEDICHNY VTRACHENNYY POCHTTYA IN 50-60-CHEKH ROCKA KHX TSITTAI І ODRASATE VIEW VIEWFERY IN THE ENVIRONMENT OF BEAKHOGA KRAYA, USA, FRANCE, NITERANDAKH, POLISE, LITSIA, LITSIY, UKRAINI, BІLOSRIA, T. d.).

For example, the United States has the right to receive informed voluntary benefits in medical practice, as it is enshrined in the federal law, and in the legislative acts of several states (for example, in the legislation on the continuation of that experiment, the object of such people), as well as the Bill about the rights of the patient.

The Doctrine of the Informed Dobrovilnoe zgoda spires on the right of a person to corporeal incompetence, which exudes constitutional guarantees of freedom and special incompetence (in Russia, p.1, article 22 of the Constitution of the Russian Federation) ).

In the Russian Federation, it is obov'yazkove poіyazkové poіdovіlne zgodu on medіnno vtruchannya zvіy vіdbitok vіdbіy іn normative-legal acts, scho suyuyutsya zdorovі zdorov'ya.

At the top of the hierarchical structure of the legal branch of the Institute of Law stands the Constitution of the Russian Federation for a year. 2 tbsp. 21 signifies that " no one can be without volunteer help for medical, scientific and other achievements”.

Vіdpovіdno to st. 32 Fundamentals of legislation of the Russian Federation on the protection of the health of the population, the necessary frontal mental medical presentation was informed of the good fortune of the hulk, and zgidno st. 33 Quiet of the Foundations themselves, the new one has the right to act as a vtruchannya. Some of the necessary information about the state of a healthy patient, including statements about the results of obstetrics, the presence of illness, diagnosis and prognosis, methods of treatment, the effects of risik, possible options for medical treatment, and the main results of the study (basic results) , then the patient accepts a decision about the year of the year on the basis of the corrected information. In times of insufficiency of information, it is impossible to speak about the priming of the year, or it is impossible for a patient to be admitted to a medical institution, and in cases of this kind, the right of a citizen to information is violated.

By the vipads, Kolyan Vaddadanina is not a doser to Yom Moom Vombyti, and the Medichennia Nevidkladno, Patten about yogo spent on Konyadyanin Virіshuє Consilіum, and for Nemozhostі Zіibrati Consilіum - Lіkuvno-Dominny (Worky) Lіkuza Lіkuvalo-Prof.

The patient's work at the medical appointment is the last stage of pleasing the will of the parties, i.e., the medical organization of that patient, laid down in the contract (carrying out the appointment). With whom it is not enough to take away the year in the medical field. Vono may vydpovidati deyakim vimog.

13.2. Wimogi goodbye

In the doctrine of the under-informed work in the medical field, it is wise Dobrovilna, competent Tazієndttya Pazіntht Pazіdtsy Lіkuvannya Abo Vibіr z Kilkoh Vіantіv Lіkuvannya, Mozdniki Otrimannі-іnformakії ієєKutno, ибетный ибіной інформації модовий мастовий боровая товихах відчутвів, alternative methods Lіkuvannya Ta Mozhlivich side effects» .

In such a rank, they see three necessary minds, which can prove success in the medical profession:

A) dobrovіlnіst - tobto priynyattya decision without any zvnіshnіh factors (pressure from the side of the doctor, relatives; primus, etc.);

B) competence - acceptance of the decision in the minds of those who are effectively aware of the patients' knowledge about the future medical education, so that in the minds of the patient's awareness;

C) recognition - that is the presence of clear evidence at the time of praise of the decision about the success of the medical appointment.

In the American legal doctrine, the right to be informed voluntarily in the medical field is interpreted as follows. The patient does not give in to my exultation. In order to give a year to carry out the procedure, the patient is obliged to provide information about his condition, the development of illness, the reality, the recognition of the nature of the procedure, the pain symptoms associated with it and the lack of hands, the susceptibility of a favorable result, the possible risks, alternatives and pain look at the excellence, know the names and qualifications of the staff. The doctor does not have the right to look around, hang around to see the patient, the docks do not tell him about his own death, and she does not take it away from the medical examination.

Fundamentals of legislation of the Russian Federation About the protection of the health of the population are communicated, as in the wealthy countries of the world, they inform the good health of the medical community.

In such a rank, before him, like a citizen, give his fortune in medical education, he may take the necessary obligatory information, the establishment of legislation.

Success in a medical appointment - tse svіdome rіshennya, yak can only be taken away from the forms available to the patient (legal representative) of the full, reliable and sufficient information for approving the appropriate solution. " Information can be accessible, reliable and sufficient, presented in a timely manner,- write to A.V. Tikhomirov (you can talk about the rules of three "D" and "S". - Note. author).

Can you please, what is the sufficient and necessary change of criteria for the given information.

In order to determine that the information is sufficient for the patient to accept the decision about the treatment of either the court or the court, in American judicial practice, for example, there are two criteria. In some states, judges are reduced to the standards of professional conduct: like doctors ring out apply for otrimannya fit for such procedures. Increasingly wide, however, nabuvaє іnshoy criterion: as information hotiv bi take away the middle sensible person on the job of the patient.

Then there is a problem with the obsession of information. Deyakі authors proponuyut zakripiti "fixation for skin disease minimum standard of information in poddann s features of skin specific clinical depression."

For example, such a standard, like okremiya, can be included in clinical protocols for the management of ailments, which are expanded at a given hour.

It is propagated that the standard of information is composed of two blocks: the public one and the private one. So, the thoughts, the tanning block is MISAEN MISTITI IFFORMAYY ABOUT THE ESSES OF PATOLOGII, PROGANIY DIAGINNOSTING, INDUCTION WARІANTY DIAGOVENNYY, EXTLACTED SHORVYUVNYY II T. D. PIDHID PLAYMIDE BLOCHD ADDIVIDAYNYY PІDHID TO DAY SPECIAL HOLY, II VIIST IFFORTA, yogo status, recession, etc. However, it is necessary to indicate that the other block is not to blame, but the doctors cannot spend most of their time on informing the patient.

At the same time, the main subject of concern for the patient and the doctor is the ceremonies of the vindictive shkodi, but let me explain below.

Vidpovidno to paragraph 3 of Art. 31 Fundamentals of legislation of the Russian Federation on the protection of the health of the population information about the camp of a healthy population can be given against your will.

Here you will find food: how can you recognize your will? Yak: a) to find out from a hulk about him or her, take away information, or take it away from such a person, without passing on any information to him (but be it information, get food about those who want the patient to know about his ailment, alert him) ; b) select the required information, if the patient does not mind?

In addition, the problem is blamed on the fact that it will be for the widm's view of the removal of information and some kind of order to exalt the exaltation of the hulk, as it is necessary for me. It is necessary to take into account the type of patient to be informed of the good health at the medical appointment or informed vidmova like this. Come out, scho likuvannya zdіysnyuvatisya without informing you on the way, but also paragraph 3 of Art. 31 The foundations are destroyed, the shards of the bulk all the same deny the information about the illness, only in a different way - it’s acceptable, guess for the view that the method of providing medical assistance (for example, in case of oncological illnesses - chemotherapy in the oncological center); otherwise, for the provision of information on the provision of information about the state of health of the sick child to the state of medical education, I will again violate the legal norm about the provision of information now in different countries (Article 33 of the Fundamentals).

Visnovok: it is necessary to supplement the legal norm on the provision of information in the following way: “ ^ Vіdmova patsієnta vіd otrimannya іnformatsiї pozbavlyaє the right to apply for those who choose a medical introductory zdіyssnenno zdіyssnennja by a doctor without urakhuvannya yogo thought".

13.3. Information procedure

Like it was earlier, Art. 32 Fundamentals of putting mental health education on the basis of informed voluntary welfare of the hulk.

The understanding of “informed voluntary work” in the law is not revealed by a proper rank. It became less clear that the hulk can be informed, but what kind of obsyazy, if so?

At st. 31 bases say: " ^ A leather hulk may have the right to an accessible form for a new otrimati I will reveal information about my health status, including information about the results of obstetrics, the presence of illness, my diagnosis and prognosis, methods of treatment, the treatment of risks with them, possible options for medical treatment, and their findings and the results of the treatment.

Here the legal meaning of the word “take away”, tobto. no one wants to see the patient's information, as if he didn't sleep about it.

It is also said that information about the camp of health cannot be given to the citizens against their will.

Tsіkavo, what does it cost less I will become healthy, and not other aspects of the information, although it is clear that for the recognition of exaltations one can guess about the state of health, but it’s important here, that the doctor of injunctions is, that we can’t say to patients: in view of that”, the fragments of the rest of the messages violate the will of the patient, who is advised to be informed.

“In cases of an unfavorable forecast, the development of ill information can be found in a delicate form of a hulk ta members of yoga sim'ї, like a hulk not harrowing remind them of the process (otherwise) without acknowledging the person, if such information may be transmitted.

The price is the same norm and attitude, if the patient is not a relative of the patient (there are representatives of the law or for trust), if the patient is not a responsible person, including senior citizens.

Z urakhuvannyam tsikh norms є є one virny offensive information exchange algorithm(the patient is more of a childish person):

^ A. Nutrition for a doctor to a patient: do you want to know everything I know about your health, including forecasts?

A.1. How can I say “I don’t want to”, who should I tell about forecasts (the law has less information about bad weather about unfriendly forecasts - otherwise it can be considered as a broken medical secret)?

A.1.1. As a way to tell “no one” - the doctor victorious paternalistic model of vindication, so that only tell the patients what to work, if that can be done, I don’t explain anything, but if the explanation of the doctor is to destroy the will of the patient. In this situation, the right of the patient to receive copies of medical documents is given, and the right to be recognized with the originals, the shards of these documents, to avenge the information, against which the patient is transcribed. Then there are doubts about whether the patient wants to take those sheets (copies) of medical documents, about the state of health, including diagnoses. I’ll assign that information, for example, about the recognition of exuberance, because it doesn’t show in a clear form on the camp of health, it’s not worth it. A quick reminder that the patient at some point may want to express his right to information in full communication.

A.1.2. As if it were “such a person”, then the person was recognized as a patient by the far side of the information exchange in part of the forecasts. Wherefore, the law does not avenge statements about those that the patient is guilty of giving, for example, individuals, trusting, information about forecasts, special trust. It’s enough to tell the doctor about your bazhanya. It is obvious that in any case, the doctor is more likely to have a record in the patient’s medical record, and even more so, if there is a sign and landing of a medical institution (the price is not a doctor’s binding, but a recommendation for a potential conflict). In the case of the patient himself, the doctor has the same victorian paternalistic model.

A2. If you say “I want to know, but not everything”, then click, in which part “I want to know”, and in which “I don’t want”, and go to paragraph B or B in the part, de “I want to know”.

^ A3. Yakshcho vydpovіd "I want to know everything", go to p. B or Art.

B. Have vipadkah unfriendly forecast The development of the illness information about it is transmitted to the patient in a delicate form - it is necessary to use the form of information, intonation, sequence, information about the chances toshchoo.

Art. Nutrition of the doctor to the patient: what do you want to know? From this point on, the patient is guilty of inquiring the doctor (such a model for the law is “the patient can take the right to take away”), to clarify in the new everything that he can say to himself within the framework of Art. 31 Basics. Yakshcho kolo pitan vycherpano, likar go to p. p.

^ R. Nutrition for the doctor to the patient: what will it be like for you at the medical appointment?

D.1. If you say “so”, then you should see through the vtruchannya.

D.2. Yakshcho vіdpovіd "nі", then nabuvaє ceremonial art. 33 Basics, for which the doctor is guilty of informing the patient about the possible symptoms of the disease. Vіdmova vіd medical vtruchannya іz zaznannym poslіhіh іdkіv is made out by a note in the medical documentation and signed by a citizen or a legal representative, as well as by a medical practitioner. At the time of seeing a patient, after signing a letter to the doctor, there was a podbat about taking evidence that the mother was small. Such evidence can be audio and video recordings, showing certificates, signature of the landowner of the medical organization under the document.

13.4. Use that letter form

On the vіdmіnu vіdmovi vіd medіvаnі vtruchannya, which is given in the letter form іz zaznachennymi sledkіv, in the legislation of the Russian Federation on the protection of the health of the population is not affixed obov'ljazkovoї letter form zgodi on the medical vtruchannya.

Nebov'yazkov_st of written registration in the medical field zasvіdchuє vіdsutnіst nalezhnії respect of the legislator to the problems of naslіdkіv medіvіv vruchannya for the patient. It is possible to admit that in this case there is a need for substandard standards when approaching the age of one, and for the purpose of medical education, which is unacceptable.

Speaking about the form of the introduction of a patient on a medical appointment, it is necessary to indicate that the patients of the oral version of the letter should be used.

Admissions to the oral version of the registration of a person in the medical field will show the legitimacy of a similar option from the very fact of a person being sent for medical help. Whenever you need it, it is reported that the patient will automatically be able to use the methods of diagnostics and treatment. It was clear that this was a reflection of the paternalistic model of the relationship between the doctor and the patient.

Another pіdkhіd is brought to the offensive: “ The most true and objective is the variant of the letter-formation in the distance of the medical insertion, moreover, the furnishing is not to blame for the fall due to the folding of the insertion. Such an approach, zokrema, is supported by S.G. Stetsenka. This is the approach I will follow.

In the present hour, the legislation on the protection of the health of the population of the obov'yazkova letter form for the medical treatment was given only for holding the last few sightings. Yes, Art. 35 Basics establish the need for a letter of friendship (of the same woman) on a piece of padding and implantation of an embryo; Art. 37 Fundamentals of transmission of the need for a written application of a citizen for medical sterilization as a method of contraception; Art. 43 Fundamentals establishes an obov'yazkovu letter form for the benefit of a hulk to win against the greed of the patient's exaltation of methods of diagnosis, exaltation and medical care, not allowed to zastosuvannya, but to be seen in the established order, and also to the fate of biomedical; Art. 51 of the Family Code of the Russian Federation, transfer the letter form to help other women (surrogate mothers) with the method of winemaking for the implantation of the embryo.

The legislation of the United States, like the Russian one, obov'yazkove zgoda on medical delivery is given only a few medical procedures, for example, when a transplant is taken from a donor, under the hour of a medical experiment.

As soon as I have been informed of the good will to look at how to agree on the possible medical intervention, then it will be possible to establish the civil civil law norms about the form of favors.

So, the force of Art. According to Art. 159 The Code may be skewed. Otzhe, agreements about the possible medical vtruchannya behind the hard rule fit into a simple letter form with additional rules, peredbachenih Art. 434 Central Committee of Ukraine. Vіdpovіdno to st. 159 of the DC of the Russian Federation, the right can fit in the written form, as it won’t be written in the written form, and also please agree to the agreement laid down in the written form.

Vykhodyachi zgogo can be zrobiti vysnovok about those schcho medical services, like a doctor's consultation, a diagnostic procedure can be laid down in an oral form. However, for example, the recommendation to receive medical treatment is wrong, and also the wrong diagnosis can be the mother of a future serious injury for a sick person. In any case, the patient will be surrounded by evidence confirming the correctness of the case. It is possible to bring the presence of such guilt by asking for records from the medical documentation.

Pid medical documentation accepted all the documents, in some medical practitioners, it was recorded that the results of the medical treatment of the patient in the outpatient and inpatient minds, the appointment of new therapeutic visits, as well as the medical recommendations for the minds of the practitioners, were seen to be healthy.

If in the medical documentation (forms of medical records) to enter the signature of the patient, looking “from my words written correctly” according to the anamnesis, “by the method of insertion is good” according to the recognition of the doctor, “from the diagnoses of recognition”, then the medical card is scho trivaє (vіd dії to dії) to the contract.

The success of the medical presentation is the result of a solution, which is more possible when taken away from the forms available to the patient (your legal representative) in a new form, reliable and sufficient for the acceptance of the appropriate decision, information about the risks of medical delivery.

13.5. Who can get the information?

Nasampered, I have the right to information the patient himself, which can be seen from Art. 30–31 Fundamentals

At paragraph 9 of Art. 30 Fundamentals it is also said that the patient may have the right to choose medical care, which may be transmitted to the patient's greed about the state of health, but it is not said anywhere that an individual may have the right to give a fortune in medical education or to act in a different way. In such a rank, such individuals do not formally spit on anything, if they want and may be given additional information, so that they can confirm their rights to the price (show confidence or the patient declares their right).

At st. 31 and 32 of the Basics it is appointed that information about the state of a healthy patient can be taken legal representative.

RESULTS RESERNESS - MUZDANYANS, IS PLEASE THE AGAINST VASSTAPEN PLAYING IN THE SPII INSTALLY, ZOKREMA REPRESSIKI, FOR SHISTERS OF THE OPTINGS OF THE MAYNOVIY II RESERVES OF THE ENTERNAL ENTERESIVE NI DІєєDATNIKHY, ALLE Z Fізичинь (for Starіsti, Khvobi Tischo.) Do not disoberbish the rights of vikonuvaty their bindings.

In the criminal process, the legal representatives are fathers, guardians, pikluvalniki of the suspected (accused), victim, certificate, as well as representatives of such institutions, like a childish booth, a disabled booth, too I’m not sure that a child participant in the process cannot have other legal representatives, otherwise the stink is not allowed to the process).

In the civil process - fathers, adoptive officers, guardians and pikluvalniks.

Vіdpovіdno to st. 54 of the Family Code of the Russian Federation, a person is recognized as a child until the age of 18 years (povnolittya), prote zgіdno zі Art. 24 of the Fundamentals "illness for drug addiction in people over 16 years of age, and in cases of incompetent age in women over 15 years of age, may have the right to a voluntary education in the medical field, or in the case of a child, it is clear up to Articles 32, 33, 34 of these Fundamentals."

The procedure for choosing the right person, which, at the expense of the patient, can be given information about the state of health, is not specified by the law.

The reason for this is the power supply: the doctor knows that this person can transmit information, and the other - not? In addition, the individual who trusts the patient, blames the need to confirm his right to trust, and the doctor is guilty of the mother to prove that this is true.

The ideal form here is trust in the offensive character:

^ AUTHORIZATION FOR RIGHTS GET TO KNOW THE DOCUMENTS AND DETECT INFORMATION

HELLO*

on the basis of the right to familiarize yourself with the documents

and take the information

I, Ivanov Ivan Ivanovich (passport ___ _________ dates _____________________________ "__" ___________ 20__), I trust Ivanovіy Oleksandrі Oleksandrivnі (passport ___ _________ _______________________ _____________ "__" ______________20__) get acquainted with the originals of documents that are worth my health, request and take copies of them, as well as all the actual information about the state of my health, including the results in the home manifestation of illness, diagnosis and prognosis, methods of treatment, treatment of rizik with them, possible options for medical treatment, their findings and the results of the treatment.

The right trust was certified by me, Sidorov Sidor, notary of the city of Moscow. The trust was signed by Ivan Ivan Ivanovich at my presence. Yogo's personality has been installed, the childishness has been overturned.

The date. signature

* Vіdpovіdno to st. 185 Central Committee of Ukraine:

1. I trust the letter of confirmation, as if it were one special person for representation before a third person. A letter of affirmation of a rightful cause by a representative may be presented in such a way that it seems to be an unambiguous third person.

2. Trust for laying down, which requires a notarial form, may be notarized, with a veneer of waivers, transferred by law.

3. Prior to the notarization of powers, the following shall be equated:

1) trusts of military servicemen and other officers, who are transferred to hospitals, sanatoriums and other military-liquor establishments, certified by the head of such establishment, his intercessor at the medical unit, the senior or the devil’s doctor;

2) dovіrenostі vіyskovosluzhbovtsіv, and paragraphs dislokatsії vіyskovih Chastain, z'єdnan, SET is the vіyskovo-The Teaching zakladіv de Absent notarіalnih offices that іnshih organіv scho zdіysnyuyut notarіalnі dії and takozh dovіrenostі robіtnikіv i sluzhbovtsіv, chlenіv їh sіmey that chlenіv sіmey vіyskovosluzhbovtsіv (head) of the tsikh parts, z'ednan, establishing chi mortgages;

3) certificates of freedom, as if they are being rebuked at the liberation of will, certified by the head of the department of liberation of will;

4) the trusts of the senior citizens of the population, as they perebuvayut at the establishments of the social protection of the population, the certification of the administrator of the city, establish as a kerivnik (yogi intercessor) of the social authority of the social protection of the population.

4. Confidence in the purchase salary and other payments related to labor allowances On otrimannya vinagorodi avtorіv that vinahіdnikіv, pensіy, Relief that stipendіy, vkladіv gromadyan in banks that on otrimannya korespondentsії have to chislі groshovoї that posilkovoї, Mauger Buti zasvіdchena takozh organіzatsієyu in yakіy dovіritel pratsyuє abo navchaєtsya, zhitlovo-ekspluatatsіynoyu organіzatsієyu of residing that admіnіstratsієyu stationary likuvalnoy mortgage, in which wine is rebuying for likuvanni.

Dovіrenіst on otrimannya predstavnikom The Citizen Yogo vnesku in a jar, penny koshtіv of Yogo bankіvskogo rahunku, adresovanoї Yomou korespondentsії in organіzatsіyah zv'yazku and takozh on vchinennya od іmenі The Citizen іnshih land, zaznachenih in Perche abzatsі tsogo item Mauger Buti zasvіdchena vіdpovіdnimi Bank abo organіzatsієyu zv'azku. Such trust is worthless.

5. Confidence in the name of a legal entity can be seen with the signature of the її kerіvnik or another individual, approved by the tse її establishing documents, with the addition of a seal of the їєї organіzatsії.

The trust in the name of a legal entity, based on state or municipal power, on the transfer of pennies and other main values, may also be signed by the head (senior) accountant of the organization.

Vіdpovіdno to st. 186 Central Committee of Ukraine:

1. The lines of trust cannot exceed three fates. If the term is not specified in the power of attorney, it will take the chivalry out of the day of the commission.

Confidence, in which the date of її infliction is not assigned, є miserable.

13.6. Who can be good for the wedding?

In the meantime, in the medical field, let us, we are the head, the bulky man himself, who yells out of art. 32 Basics.

In practice, doctors often consult with relatives about those who work, but such a procedure is not described in the law, as, obviously, a relative does not understand the concept of “legal representative”. What does it say there:

“In vipadkah, if the camp of a hulk does not allow him to express his will, but medically delivered is unavoidable, food about yogo spent on the greed of a hulk

STATE HEALTH AGENCY OF THE FEDERAL AGENCY FOR HEALTH

DEPARTMENT OF SHIP MEDICINE AND LAW

FACULTY OF NURSING EDUCATION

CONTROL ROBOT

from the discipline "LEGAL BASIS OF HEALTH CARE"

TOPIC: "The right of the patient to information about the state of health and the preservation of medical secrets"

Entry

Medical law is the hallmark of the law of the Russian Federation, which deals with the regulation of health care and medical insurance; In other words - usima vіdnosinami, scho blaming shdo organіzatsії, payment that nadannya medical assistance.

The role of the state the Russian defense of health is strong in that volume:

1. First, the state will vote the right to protect the health of the population and guarantee the minimum obligation of medical assistance, which is expected to be cost-free for the ZMS.

2. In a different way, it will establish standards for the provision of medical assistance, obligatory for vikonnanny both by sovereign medical regulations and private ones.

3. Thirdly, the Russian Federation controls the activities of medical institutions: establishes the necessary permits for the provision of medical services (licenses, certificates of medical institutions; diplomas and certificates of doctors), conduct accreditation of activities, establish a transition of visual organizations.

4. Fourthly, the state attracts the osіb, the guilty ones from the damaged rights and legitimate interests, to the point of viability.

5. By the way, the state transfers the development of the health protection system by the subjects of the Federation and gives them on the basis of the necessary improvements. In addition, the state determines the number of rights and legitimate interests of an individual in the gallery to protect their health, protect them and guarantee the right to defend against their damage.

Slіd zaznachiti scho spravzhnє encampment receptionists Health Protection at Russie and the Same: vіdsutnіst chіtkoї reglamentatsії dіyalnostі of organіzatsії that nadannya medichnoї Relief, vіdsutnіst єdinih standartіv yakostі medichnoї Relief, nizka yakіst medichnoї Relief in weathering i formalnіst vіdnosin at Yogo sistemі, vіdsutnіst legal vihovannya subjects of health care and other peculiarities of health care in the country, - due to the recessionary system, which was founded in the SRSR.

In the SRSR, the health care system was practically a closed system: the regulation was in place for the vigilant service members and was assigned as a type of patient, and a type of doctor; the protection of health was financed exclusively by the power and, with all the medical help, free of cost, it was available, and it was clear for the yakistyu. The defender of his rights in the sphere of health protection for such minds would be rather laborious and ineffective.

The regulation of the rights was changed with the adoption of the Constitution and the Fundamentals of Legislation on the Protection of the Health of the Citizens in 1993. So, now, additional health protection systems (state, municipal, private), additional guarantees (obov'yazkove and voluntary medical insurance), additional opportunities (paid medical services) were voted. Dali regulation of the protection of health entrusted to law, and control - to sovereign bodies, medical associations, special organizations, community organizations, and a great citizen. The process of providing medical assistance has become more transparent, and therefore, the defense of their rights in the sphere of health care is more real.


1. Patient's rights

A skin patient needs to be informed about the basic civil rights, which are passed on by official legislation in the field of health protection. This knowledge allows you to competently be your own voucher with the pledges of the protection of health, to attack your goiter with them, to pay food, to control the quality of the glee and to resolve conflict situations.

The current legislation of the Russian Federation should seek a wide list of the rights of patients. But the greater part of the population cannot be corrupted by them through the abundance of available information and the real application of their zakhistu. It is unlikely that more readers know that in the Russian Federation patients may have the right to freely know their medical documentation and receive consultations from any specialists. Time for an hour, the opportunity was given in 1993 by the Law of the Russian Federation “Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens” (Article 31).

The patient of endowments has yet another important, or, more precisely, the most important right - for the same safe medical help. Without the provision of this principle, the foundation of all medical care is allowed to the senses, and the population in this case has nothing to pay tribute to the sovereign health care.

Also, apparently up to the dignified legislation, the patient in the Russian Federation has the same basic rights:

· The right to legal assistance and safe medical assistance;

· the right to accessible, free medical assistance within the framework of the "State Guarantee Program";

· The right to koristuvannya for payment of additional medical and service services;

· The right to choose a doctor and a medical mortgage;

· The right to a year and a year of medical education;

· The right to full information about the nature of medical education and the state of one's health;

· Saving in the taєmnitsі іnformatsiї about the fact of animal care for medical help, about the camp of health, diagnosis (medical taєmnitsya);

· The right to an independent medical examination;

· The right to dismissal of shkodi for inadequate medical assistance.

All rights are legislated for the hulks, so in times of their destruction there is a legal obligation of subjects, as they give medical services, which include administrative, criminal and civil law. The administrative and criminal punishment is the form of sovereign sanctions for the most part of the offender, and it only stagnates in a few vipadkas, directly assigned to the code of laws. According to the Civil Code of the Russian Federation, all coins tied with a jubilant pledge go without harm to the injured party - the patient (or relatives). To the very same, civil poses are the most optimal way to defend the rights of patients, to secure the cost of liquor from the tormentor, how to spend money and compensate moral shkoda.

The rights of the patient are not to be found in the same single "medical code" - the stench is divided according to impersonal laws and legal acts, to bring distant, at first glance, types of medicine, zocrema in the Civil Code of the Russian Federation. The most significant of them were indicated in the list of normative legal acts that can be added. Okrіm zakonіv ta stavlіvіshivіsh іn important role іn vіrishenny "medіchnymi" prіvіgіyut so zvіnі sudovі precedents, chimіv іn more such priklіvі іn аlіѕіnіchіnііі prіvіn narakhovuє judiciary practice, tіm pozivacha і more chance іv uspіh.

Let's take a look at the norms of specific laws of the Russian Federation, how to determine the rights of patients.

1. Before the Constitution of the Russian Federation, a statute is included, as a matter of course, it is brought to the rights of patients :

Article 41

Kozhen may have the right to the protection of health and I will provide medical assistance. Medical help at state and municipal mortgages for the protection of health is hoped for by the people free of charge for the expenses of the budget, insurance premiums, and other expenses.

As far as the text of the Constitution is concerned, a skin person in the Russian Federation has the right to receive medical assistance. Prote free likuvannya gromadyan can take away less from sovereign and municipal mortgages for the protection of health and less in that obligation, which is paid by the budget and insurance premiums. The state guarantees the citizens no more than suvoro installations of medical assistance, for which they can take contributions from "healthy" payers. Medical services for this "standard" patient pays independently.

2. Federal Law "On medical insurance of the population of the Russian Federation" to avenge the rights of patients, as insured under obov'yazkovogo medical insurance. Since this type of sovereign insurance is obov'yazkovim and zagalnonational, then the rights of insurance are assigned here to all residents of the Russian Federation (as well as to foreign citizens, insured by the Russian Federation under compulsory medical insurance). Vidpovidno to the appointed law:

Article 6

citizens of the Russian Federation have the right to:

· Obov'yazkove and dobrovіlne medichne insurance;

· Select a medical insurance organization;

· Selecting a medical mortgage and a doctor is required prior to contractual obligations and voluntary medical insurance;

· Otrimannya medical assistance throughout the territory of the Russian Federation, zocrema posture postiy mіstsya living;

· Otrimannya medical services, vіdpovіdnih for obsyagom and yakіstyu umovom contract, nezalezhno vіd rozmіru actually paid insurance contribution;

· presentation of a call to the insurer, insurance medical organization, medical establishment, including on the material the blowing of a badge of shkodi, irrespective of the fact that it was transferred in the contract of medical insurance;

· The return of part of the insurance premiums for voluntary medical insurance, as stipulated by the contract.

Article 7

On the territory of the Russian Federation, individuals who do not care about the bulk, have the same rights and obligations in the health insurance system, like the bulk of the Russian Federation.

Article 27

The medical authorities shall be liable for the obligation to pay the same amount of their medical services and for the supervision of the medical assistance of the insured party.

3. Federal law "On the defense of the rights of citizens" bezposeredno zastosovuetsya less to paid medical services.

The Crimea of ​​visceral laws is to establish special laws that regulate the rights of the sick to the songs of the disease, for example:

Federal law "On psychiatric assistance and guarantees of the rights of citizens with її nadanny" (dated 02.07.92),

· Law of the Russian Federation "On the prevention of the spread of tuberculosis in the Russian Federation" (date 18.06.01).

· Law of the Russian Federation "On the advancement of the spread of illness in the Russian Federation, as a result of the virus of human immunodeficiency (VIL-infection)" (ex. 30.03.95).

And also the law, which regulates the law, which is blamed on the same situations, for example, the Federal Law "On Immunoprophylaxis of Infectious Ailments" (date 17.07.98), which establishes special rights and compensation for patients, as a form of waiver of contributions. The rights of patients, which are covered by them, are, in fact, the same as in the "hard" laws.

4. Law of the Russian Federation "Fundamentals of the legislation of the Russian Federation on the protection of the health of the population" to avenge the rights of patients.

Article 30

When you are sent for medical assistance, that її obsessed patient may have the right to:

1) more important is that humane placement on the side of medical and service personnel;

2) choosing a doctor, including a family doctor and a jubilant doctor, with good health, as well as choosing a liquor-preventive mortgage, it is valid before agreeing on obov'yazkovy and voluntary medical insurance;

3) obstezhennya, lustfulness that morning in the minds, which inspires sanitary and hygienic caregivers;

4) holding a consultation on yoga and consultations of other fahivtsiv;

5) relief of pain associated with illnesses and (or) medical interventions, available methods and methods;

6) saving in taєmnitsi іnformatsiії about the fact of annulment for medical assistance, about the camp of health, diagnosis and іnshі vіdomostі, otrimani with yogi obstezhennі and likuvannі, vidpovіdno to statti 61 tsikh Fundamentals;

7) informed about good health at the medical level, up to article 32 of the Fundamentals;

8) vidmova vіd medical vtruchanny vіdpovіdno up to statti 33 tsikh Fundamentals;

9) taking away information about one's rights and obov'yazki and the state of one's health is valid up to article 31 of the Basic Principles, as well as on a choice of rules, which, at the expense of the patient, may be transferred information about the state of health;

10) withdrawal of medical and other services within the framework of programs of voluntary medical insurance;

11) statute 68 of the Basics at different levels of the child's health and wellness under the hour of medical assistance;

12) access to a new lawyer or another legal representative for the protection of rights;

13) admission to a new clergyman, and in the liquorary mortgage on the mind for the correction of religious rites, including on the nadanny of the clergy, as it does not violate the internal order of the liquor mortgage.

Stats: 66, 68 to establish the right to receive medical aid in the case of a child who is healthy under an hour of medical assistance.

Article 69 establish the right of the citizens to oskarzhennia diy sovereign bodies and landowners, which infringe on the rights and freedom of the hulks in the garden to protect their health.

Article 31

A skin gromadian may have the right, in an accessible form, to take publicly information about the state of his health, including information about the results of obstetrics, the presence of illness, his diagnosis and prognosis, methods of treatment, treatment of rizik, possible options for medical treatment, and the results of the conducted jubilation.

· Intormakіya about Stan is healthy Muzdannina Naduyu, and Schodo Osisib, Yaki did not flaunt 15 Rockіv, Tu Vompanian, visited in an increasing law of procedure for arrivals, - ї ї Lesson, Lіkarem, Scho Zavіduє Vіddіlennami Lіkuvalo-Prof_digovy, Installing Aboy Fakhivtsi like accepting an uninterrupted fate in obstezhennі and likuvanni.

· Information about the camp of health cannot be given to citizens against their will. In case of an unfavorable prognosis, the development of illness is due to be shared with the delicate form of the population and the members of this family, even if the population does not remember to tell them about the process (or) without acknowledging the person, if such information can be transmitted.

· The citizen may have the right to directly know the medical documentation that he is becoming healthy, and that he should take advice from other fahivtsiv. For the vast majority of you, you rely on copies of medical documents that show the state of your health, as if there are no third-party interests in them.

· Information that can be found in the medical documents of a hulk, become a medical mystery and can be pressed without a hulk's fortune only on the bases, transferring article 61 of the Fundamentals.

2. Preservation of medical secrets

When you are sent for medical assistance, that її otrimannya patient may have the right to save medical secrets. The medical mystery is guilty of being saved in the event of a flurry - go about SNID, or about something else ill.

Article 61 "Fundamentals of Legislation of the Russian Federation on the protection of the health of the people" reveals the difference between medical secrets and gives a retelling of situations, in which it is allowed to speak.

Medical mystery- all information about the fact of medical assistance, the status of a healthy patient, the diagnosis (name) of the disease, the diagnosis of the disease, the possible prognosis of the disease, as well as the other vidomosti, the elimination of the disease when the patient is ill. Razvoshennya vіdomosti, scho to become likarsku taєmnitsyu, persons, like stench have become vіdomі pіd hаvchannya, vykonanny professіynykh, sluzhkovyh and other obov'yazkіv fenced. For example, reports about family and intimate life, about the health of relatives.

For the sake of a citizen or yogo legal representative, it is allowed to transfer records to establish a medical secret to other citizens. Nasampered - let's put people at the mercy of obstezhennya and likuvannya, for carrying out scientific research, winning these records from the initial process in other purposes. Without the permission of the patient (or his representative), the transfer of information about the new one is illegal, it is respected by the discourse of the medical secret.

Lyudina, as she has reached the age of 15 years, has the right to act independently - to whom and in what circumstances can be trusted to establish a medical mystery. For an incomplete century, up to 15 years of decision, the fathers and other legal representatives will receive the same food.

In rare cases, referred to by law, it is allowed to transfer information to establish a medical secret, without the help of a hulk or a legal representative.

1. with the method of obstezhennya that exultation of a hulk who is not built through his camp to hang his will (to know that the unfamiliar, not safe for life, will become healthy in a situation, if legal yoga is a representative of inaccessibility);

2. in case of a threat of expansion of infectious diseases, mass poisoning and infection;

3. to request the bodies of investigation and investigation, the prosecutor and the court with a link to the conducted investigation or judicial review (situation, if the patient is a participant in the criminal process of the civil process); in such situations, information that avenges a medical mystery is hoped only for the obviousness of an official formalized request (order the court, a judge, a prosecutor, a suspect) it is important that doctors do not goitre according to the law, but according to professional rules, tell about their patients, be it, the crime of information about the state of health, what to avenge in the history of illness;

4. at the time of the need to help the child for up to 15 years to inform the fathers or legal representatives;

5. for obviousness, you should be aware that the health of the scumbag is wrong because of the opposite actions (for example, the patient is a victim of mischief), the information is transmitted by the medical establishment to the police.

Doctors of goiter should be told by the rules of the profession to tell the patient about those that the medical secret is revealed for the most part or for other overexposure reasons.

Individuals who, according to the law, have been transferred to the vіdomosti, to establish a medical secret, carry for її vociferation vіdpovіdіlіnіnі (from urakhuvannya zapodіyanoї shkodi patients) just like a doctor. Criminal liability arises for Article 137 (part 2) of the Criminal Code (destruction of the lack of torment of private life, caused by a special person to help his service camp). Gromadyanskaya vіdpovіdalіnіst naє razі povіvlennya pozvlennya povіvlennya vіdshkoduvannya moral shkodi, zapodіyanoї goloshennyam likarskoї єєmnitsі (Article 151 of the Central Committee)

Vіdomosti, scho to establish a medical mystery, scho impossible to inquire of notaries, and navіt lawyers, yakі mаyut interests of third parties. Presented by a lawyer to the court a conclusion from the PND, or otherwise, install your client without it, on the demand for such a conclusion, or else the individual, as the opposite side of the right, or the other participant in the process (certificate), . otherwise, civil justice was assessed by the court as if there was evidence, t.to. tsya dovіdka bula zdobuta lawyer beforehand illegal way.

3. Medical deontology and legal aspects of saving confidential information

medical ethics- ce rozdіl philosophical discipline of ethics, the object of investigation of any moral aspects of medicine. For a senior sensitized by medical ethics, the sum total of moral norms of the professional activity of medical practitioners is understood. In the remaining significance, medical ethics closely adheres to medical deontology

Medical deontology- the integrity of the ethical norms of the medical practitioners of their professional shoes. Tobto. deontology transfers important norms in return from illness. Medical ethics conveys a wider range of problems - for each other we are ill, medical practitioners among ourselves, relatives of the sick, healthy people. These two are dialectically tied to each other.

Modern rules of ethics and deontology

1. The work at the responsible hospitals is due to subordination of suvoro discipline, subordination is due to the subordination, so that the service of the young one behind the planting of the elder.

2. The medical practitioner of any sick person is guilty of being correct, respectful, and not allowing familiarity.

3. The doctor must be a highly qualified specialist, universally literate. Read the medical literature at once, especially through your own ailment. The doctor is guilty of such a situation professionally and delicately dealing with ailments. Wrong doctors or medical personnel, carelessly spoken word, analyzes of any history of illness that have become accessible to the sick, can lead to a phobia, that is the fear of another illness, for example: cancerophobia - the fear of illness to cancer.

4. Prior to deontology, it is necessary to save the medical secret. Saving medical secrets is not only for doctors, but also for medical staff, students, for all those who are in contact with the sick. Є rule: "The word is good, but the word can be calculus." The medical secret is not extended to the relatives of the sick. The doctor is guilty of povidomiti relatives correct diagnosis, sickness and prognosis.

5. With medical deontology, iatrogenia is closely associated - the sick camp, the ingenuity of the medical practitioner. If a person is distrustful, psychologically unstable, then it is easy to infer that she has an illness, and that a person starts to have different symptoms of an obvious illness.

6. Before deontology lie down and put before colleagues. It is not possible to criticize and evaluate our colleagues in the presence of the sick. For the respect of colleagues, it is necessary to work with the need for HIV-on-HIV, without boosting the authority of the doctor.

7. Wenmini ІЗ SEREEDNI THAT MOUTER MEDOUSONAL MAYUT BETI Democratic - Woni I know і і сайть с и и и и и и и исі біка саємниці - don't rodomyti nі a pivot, nі roses about the outbreak of Schuvnya Chi Pathologiya, Scho stroke Lіkuvannya methods. answer to all food: "I don't know anything, ask the doctor."

The most important storage information of the lack of privacy of private life is the defense of the confidentiality of personal medical data, information about the health of individuals. Chinne legislation about personal data is named in the category of dosі zastosovuє the term "medical secret". To the thought of legal scholars, it would be more correct to call it a "medical" mystery. It is important that the obligation to recognize and save such a secret is laid not only on doctors, but also on other specialists in medical organizations, such as paramedics, nurses, midwives, nurses, laboratory assistants, and scientists, too.

That's why you need to take it as a rule not to talk about the daily reports about patients. Under the voices of the mind, whether it be the deed or the inactivity of the individual, as if goiter is to save the medical mystery, as if you are violating the law, or absolve the contract, after which the third persons began to enter the house, to establish the medical mystery.

It is right to pass on to colleagues or other persons deprived of that obscure information, which is effectively necessary to pass on for obstezhennia, consultation, establishment or clarification of the diagnosis, for the implementation of tactful and strategic nutrition, including the patient's greed.

Vіdpovіdno to the Federal law "On personal data" vіd 27 April 2006. No. 152-FZ (Russian newspaper, 2006, 29 lipnya) to personal data, zocrema, can be seen: PIB individuals, birth, month, date and place of the yogo people, addresses, family, social, main camp, education, profession, income, іnsha information. Dani shdo become healthy - a special category of personal data. Їх processing (selection, systematization, accumulation, saving, clarification, reconciliation, distribution, including transfer, specialization, blocking, reduction) according to the rules of Art. 10 of the Federal Law is not allowed, for a little wine the following are low: 1) as a person - the subject of data, that I will become healthy, gave permission in a letter form for the processing of their data; 2) how the processing of these data is necessary for the protection of life, health and other important interests of the subject of such data or life, health or other important lives of other interests, that removal of the subject of such data or life; 3) Yakschko robbing qih zyіysnyu in medical and professional tsіlyakh, z Methods Age of Medical Diagnosis, Naddeda Medichennya Ta Medical and Social Society for Umovy, Scho їCh Rodіysnіstuyu is a special professionally to do the use of VІDPOVIKOD, Zobov'ytiy Lіkarski Taiєmnitzia; 4) that the processing of the appointment of data is necessary for communication with the judiciary; 5) how the processing of these data is subject to the legislation of the Russian Federation on security, on the operational-rozshukov duty, and also is subject to the criminal law of the Russian Federation.

The collection of personal data about the camp of health is guilty, but it is negligently pinned, as if they were taken for other reasons, after all, their processing.

On the basis of the Federal Law in Russia, an authority is being created to protect the rights of subjects of personal data, which ensures control and supervision of the processing of personal data under the Federal Law, looking at the behavior of citizens (subjects of personal data) about the security of the processing for the purposes of their processing. The appointment of the body may be of great importance, it may be the right, zocrema, to go to court with a summons to defend the rights of the citizens and represent their interests in court.


4. Vіdpovіdalnіst іn vіdpovidalnіst іn razholoshennya likarskoї єmnitsі

Individual, Yakima at vstanovlenomu law order peredanі vіdomostі scho stanovlyat lіkarsku taєmnitsyu, narіvnі of medichnimi that farmatsevtichnimi pratsіvnikami of urahuvannyam zapodіyanoї The Citizen Skoda zaznayut for rozgoloshennya lіkarskoї taєmnitsі distsiplіnarnu, tsivіlno legal, admіnіstrativnu abo krimіnalnu vіdpovіdalnіst.

The Labor Code of the Russian Federation (subparagraph “c”, paragraph 6, article 81) transfers the possibility of opening an employment contract with the initiative of robots at the time of the announcement by the worker of the secretary, which is protected by law, has become your way of communicating with him about labor obov'yazkiv. Vidpovіdalnіst also bear individuals, wine violations of norms, regulatory otrimannya, processing and protection of the personal data of the practitioner (Article 90 of the Labor Code of the Russian Federation).

Code of the Russian Federation in Article 13.14 for Rosholoshennya Іnformazії, access to Jaco's jackets by federal law (for Vinyatkom Vipadkiv, Yakschko Rosholoshennaya Vіdpovіdalnіst), especially Vіdpovіdalnіstіst), especially, yak recoulated access to such information or professional obov'yazkiv, transferring an administrative fine on a bulky man in the form of 5 to 10, and in a landowner - in the amount of 40 to 50 minimum wages.

Article 13.11 of the Code of Administrative Offenses of the Russian Federation transfers administrative damage established by law order of collection, collection, selection and distribution of information about the population (personal data). Until the conclusion of the article, you can be attracted like a large community, and landowners and navit legal individuals, tobto. install that organization. For the rest, for example, it is early to set from 50 to 100 minimum allowances for payment of work.

Civil and legal repercussions may occur in times, as individuals, in the case of how they were voiced, the head of the material and moral shkoda. The person has the right to file a call for a statement before the court about the birth of shkodi. In the event of a prescribed compensation for moral damage, the court will take the steps of the guilty to the extent of respect, and the other furnish, which deserves respect. The court is also guilty of protecting the steps of physical and moral suffering, connected with the individual characteristics of the individual, like a head of shkod (Article 151 of the Central Committee of Ukraine). There is a serious assessment of the fact of the expansion of the mental health status of the population, the scope of the expansion of the statistics.

Civil and legal responsibility for the expansion of such information is not carried by a person, as she gave services: 1) how to transfer information given by another special (for the mind and transfer without changing that correction); or 2) how to save information and secure access to it for the mind that the person could not know about the illegality of the dissemination of information. Tse rule to be forgiven at paragraph 3 of Art. 17 of the Federal Law "On Information, Information Technologies and Protection of Information" dated April 27, 2006 No. 149-FZ (Russian newspaper, 2006, 29 pm).

For the illegal selection of rozpovsyudzhennya vіdomosti, scho to establish likarsku taєmnitsyu, transferred and criminal liability under Art. Federal law dated December 8, 2003 Vіdpovіdalnіst for tsієyu statteu posled. Under the widening of the lists, it is possible to learn about them, but only one person. It is not possible to recognize as a broken medical secret the necessary exchange of information between medical practitioners and other facilitators for special psychiatric assistance. Part I Art. 137 of the Criminal Code of the Russian Federation does not establish a specific subject's mischief. You can be a condemned person, you have reached 16 years. Part 2 Art. 137 transfer more suvore punishment to the wines of their service camp.


Visnovok

Well, the process of reforming the health care system is still far from complete and will require great efforts at the coming moments: organization of the most accessible medical assistance; organization of guiding care for medical personnel and medical institutions; legal regulation of the health protection system; tax breaks in the system of medical insurance; the provision of uniform standards for the quality of medical assistance. New light values ​​are becoming more and more solid: the rights of specialty, the rights of a person, which ceases to be only a part of the whole, and begins to emerge as a free and self-sufficient value.

Some of the incomprehensible progress of various areas of medicine cannot be left behind with the inevitable moral and philosophical cob. The concepts of medical ethics and deontology are more meaningful. Tse i stosunki with the patient, scho nazhuyutsya that is based on a deep zvorotnoy link. Tse i counterpoint mіzh we are ill and suspіlstvo, relatives, known, comrades in service. It is even more important to remember that the doctor has great power over the ailing people, the shards of the patient trust him with their lives. At this hour, the absolute power is one of the most charming facets of privatility and the greatest advantage of our profession.

List of victorious literature

1. B.V. Petrovsky. "Deontology in medicine", M.: Medicine, 1988.

2. http://surgery-manual.narod.ru/ethics.htm "Surgical ethics and deontology"

3. http://screens.fatal.ru/etika “Medical ethics and medical deontology”. 4. Comment before the legislation on medical services for the population (G.R. Dzvoniv) - Preparations for the ConsultantPlus System, 2005.

5. Commentary to the criminal code of the Russian Federation (item-by-article) (third edition) (edited by A.A. Chekalin, V.T. Tomina, V.V. Sverchkov). - M: Yurayt-Іzdat, 2006.

6. Commentary to the criminal code of the Russian Federation (item-by-article) (issued 5-th) (edited by V.M. Lebedev) M: Yurait-Іzdat, 2005.

Patients' access to information about their health status is an important factor in their confidence in doctors and health care. The skin community of the Russian Federation is guaranteed the right to withdraw such information, as well as to select others, as it may be transferred (clause 5, part 4, article 19 of the Federal Law as of November 21, 2011, No. 323-FZ ""; given - the law on protect your health). However, in practice, the right is not always realized in the whole world, as evidence of which there are three main problems in this gallery:

  • non-delivery of information or submission of information in the exchanged obyazі;
  • the impossibility of retrieving information without cost;
  • lack of information of the citizens about the right to receive information about the state of their health.

Vіdpovіdno before legislation, the procedure for acknowledging a patient with medical documentation, which shows the state of his health, may be restored by the uplifting body of vikonavchoї vlady. Booway Danish document not accepted. The draft decree of the Ministry of Health of Russia "On the approval of the procedure for identifying a patient or his legal representative with medical documentation that shows the patient's health" (further - a draft mandate) was expanded by the ministry at the chest of the past fate. Vіn transfer, scho oznajomlennya z tsimi documents zdіysnyuєtsya on the basis of a letter request of the patient or yogo legal representative - for the advance record with a specially entered that possessed by the system of video warning of the appointment (at the application of the medical organization). Possibility of knowing with information about the state of health can be given to a bulky man for three working days from the moment of registration of his letter of inquiry. With the help of a patient or a legal representative, the knowledge of this information can be carried out at the presence of a medical practitioner, who takes part in the care of a patient or a patient, - for її clarification.

Gromadskie diyachі, yakі, zrozumіlo, turbovanі the problem of the access of the population to information about health, prepared low amendments to the draft mandate. The discussion of these propositions was dedicated to the round table: "Problems of patients' access to information about their health status", which was held on 31st day of the stream in the Gromadska Chamber of the Russian Federation for community rights".

Behind the law about the results of medical obstezhennia, establishing a diagnosis and prognosis for the development of illness, methods of providing medical assistance and applying them to the patient, the results of medical assistance should be given to the patient in an accessible form by the doctor or by other medical practitioners, as it is without middlemen to take ( ). The form of ignorant Pratskіvnikіv, in addition, Scho Lіkari, in addition, Shcho Lіkarі Robnі explanishing the Pazіntam, a kind of dіagnosis of the Supplements (prosecryal words, the rosyasnones of the Medichniki therm_nіv), Yakі Lіki recognized by the Yaki Yakvyi Prikchnі Efekti Vіd їh wet nedotrimannya recommendations shodo likuvannya and so on.

Read about the validity of medical practitioners for incorrectly informing patients at Home legal encyclopedia Internet version of the system Garant.
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When you know about the camp of healthy children for up to 15 years, those unemployed people are advised to their legal representatives. Members of law enforcement organizations should explain to the project the mandate that fathers, adopters, guardians, pikluvalniki, organizations of the guardianship and pikluvannya, organizations, in which non-household hulks go to lawful representatives. It is also encouraged to grant the right to withdraw information about the patient's health on the basis of a power of attorney. In this hour, the principle of dotrimannya likarskoy taєmnitsі (), which is established, that information about the camp of a healthy hulk can be respected by other persons or organizations only for yogo writing (writing yogo representative). On the one hand, it helps to prevent illegal access to special data of third-party people. From the other side, until the medical secrets are sometimes brought up to the fact that information about the camp of a healthy patient cannot be taken away by his relatives. It is believed that entrusting the right to receive such data may solve this problem.

For the sake of respect, meritorious food about the information about the mental health of the community. Doctors of goiter give information to individuals who suffer from mental disorders, information about the nature of the disorder, health, methods, including alternatives, the validity of the recommended treatment, as well as about pain, sensitivity, possible risks, side effects and results. Moreover, there are pressures on the availability of forms for patients and the improvement of their mental state (part 2 of article 11 of the Law of the Russian Federation on 2nd April 1992, No. 3185-I ""; given - the law on psychiatric assistance). With what it is appointed, that it is necessary to know about the fact of a prisoner of a hulk for psychiatric help, become mentally healthy and make a diagnosis of a medical mystery and can be taxed for the realization of the rights of that legitimate interests of a person who is suffering from a mental disorder, legal representative. Behind the words of the clerk To the Center for the defense of the rights of people in psychiatry To the Committee for the rights of the people Lyubov_ Kleshenka, deyakі likar-psychiatrists vvazhayut, scho tsya norm may neobov'yazykovy character and vyrishennya podannya pro nadannya іnformatsії vіddanno on rozsud likarіv. "Sapravdi Lіkar is not Maja Іnformati in Naddanі іновації. Once with Tim Yomu Skіd Z'YUsuvati Metu Refaman to Vybnoї іnformazії for a visnance of € character, compelling Tu Viaklada, and Torzhinnya Mozlivih Unregistered DIY Rіzniyzіziyiy, Yaki Vimagyut Vadudyan Dovіdka about "Having shown such a situation, the doctor is guilty of explaining to the patient or his legal representative that for the realization of his rights in a particular sphere of activity, such statements are not necessary," she said.

The participants of the round table pointed out that the public lacked knowledge not only about the right to access data about their health, but also about other socially significant information. So, you don’t know the stench, what kind of medical services you can take away without a cost, and like - for a pittance, on like faces, the money grows thin. At the thought of the President of the Interregional Gromadska Organization of the Disabled "Moscow Association of Rossian Sclerosis" Olga Matvievsky, this problem can be solved by placing on the information boards at all medical installations a reminder about the rights of patients: for access to information, for the provision of medical services (with the transfer of such services), for the free removal of technical data by disabled people.

At the end of the day, a list of propositions was formed to solve the problem of patients' access to information about their health status and other socially significant information. Krіm zaznachenyh vishche, vіn vengeance, zokrema, propositions about the need:

  • certify whether there is a record about the medical record in the history of illness (medical card) not only with the signature of the doctor, but also with the signature of the patient;
  • to see the patient’s death not only a written epicrisis, but a copy of all documents that are added to the medical record;
  • provide the patient with enough time to discuss nutrition with the doctor (including the hour of familiarization of the patient with medical documentation);
  • ensure the clarity of information placed in medical mortgages;
  • transmit obov'yazok informing patients about the drugs prescribed to them, their good I will help you, zaprovaditi v_dpovіdalnіst for її nedotrimannya;
  • before the vaccination of children, know the father as from the list of contraindications before vaccination, as well as from the symptoms of the disease, and also from the statistical significance of the onset of these events;
  • to fence the medical establishments of paid improvements about the state of health, including for the introduction of the pool and the passage of rehabilitation visits, which violate the right of patients to receive information about the state of their health (the legislature transfers the right to free payment);
  • rozrobiti order that form of informing zatsіkavlenih osіb about the presence of a huge man in the form of tuberculosis and other unsafe contagious diseases.

In case of realizing the oversight of the propositions, in the opinion of the community of practitioners, it is necessary that the advancement of the quality of informing the patients did not lead to a change in the hour, a kind of stained doctor for the provision of uninterrupted medical assistance.

 
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