We ensure that these patient rights are respected
PATIENT RIGHTS LAW No. 46 of January 21, 2003
CHAPTER I: General Provisions
– For the purposes of this law:
a) “patient” means any healthy or ill person who uses health services;
b) “discrimination” means any distinction made between individuals in similar situations based on race, gender, age, ethnic origin, national or social origin, religion, political opinions, or personal aversion;
c) “health care” refers to medical services, community services, and services related to medical acts;
d) “medical intervention” means any examination, treatment, or medical act for the purposes of preventive, therapeutic, or rehabilitation diagnosis;
e) “terminal care” refers to the care provided to a patient using available treatment methods when improving the fatal prognosis of the disease is no longer possible, as well as care given near the time of death.
– Patients have the right to the highest quality medical care available in society, according to human, financial, and material resources.
– The patient has the right to be respected as a human being, without any discrimination.
CHAPTER II: Patient’s Right to Medical Information
– The patient has the right to be informed about the available medical services and how to use them.
– (1) The patient has the right to be informed about the identity and professional status of health service providers.
– (2) The hospitalized patient has the right to be informed about the rules and customs to be respected during hospitalization.
– The patient has the right to be informed about their health status, proposed medical interventions, potential risks of each procedure, alternatives to the proposed procedures, including the consequences of not undergoing treatment and not following medical recommendations, as well as diagnosis and prognosis data.
– The patient has the right to decide if they want to continue receiving information if it would cause them distress.
– Information is communicated to the patient in a respectful, clear language, minimizing specialized terminology; if the patient does not know the Romanian language, information will be provided in their native language or a language they understand, or another form of communication will be sought.
– The patient has the right to expressly request not to be informed and to appoint another person to receive information.
– Relatives and friends of the patient may be informed about the progress of investigations, diagnosis, and treatment with the patient’s consent.
–The patient has the right to request and obtain a second medical opinion.
– The patient or a person expressly designated by them, according to articles 9 and 10, has the right to receive a written summary of investigations, diagnosis, treatment, and care provided during hospitalization upon discharge, and upon request, a copy of high-performance investigation records, once.
CHAPTER III: Patient’s Consent Regarding Medical Intervention
– The patient has the right to refuse or stop a medical intervention while assuming responsibility for their decision in writing; the consequences of refusal or cessation of medical acts must be explained to the patient.
– When the patient cannot express their will, but emergency medical intervention is needed, medical personnel have the right to infer the patient’s consent from any previous expression of their will.
– If the patient requires emergency medical intervention, the consent of the legal representative is no longer necessary.
– If the legal representative’s consent is needed, the patient should be involved in the decision-making process to the extent permitted by their understanding capacity.
– (1) If medical service providers believe that intervention is in the patient’s interest, and the legal representative refuses to consent, the decision is referred to a specialized arbitration commission.
-(2) The arbitration commission is composed of 3 doctors for hospitalized patients and 2 doctors for outpatient patients.
– The patient’s consent is mandatory for the collection, storage, and use of all biological products taken from their body for diagnosis or agreed-upon treatment.
–The patient’s consent is mandatory for participating in clinical medical education and scientific research. Persons incapable of expressing their will may be used for scientific research with the legal representative’s consent and if the research is in the patient’s interest.
– The patient cannot be photographed or filmed in a medical unit without their consent, except when images are necessary for diagnosis, treatment, or preventing suspicion of medical fault.
CHAPTER IV: The Right to Confidentiality of Information and Patient Privacy
– All information concerning the patient’s condition, investigation results, diagnosis, prognosis, treatment, and personal data is confidential even after death.
– Confidential information can be provided only if the patient gives explicit consent or if required by law.
– If information is needed by other accredited health service providers involved in the patient’s treatment, consent is no longer mandatory.
– Patients have access to their personal medical data.
– (1) Any interference with the patient’s private, family life is prohibited, except in cases where such interference positively influences diagnosis, treatment, or care and with the patient’s consent.
– (2) Exceptions include cases where the patient poses a danger to themselves or public health.
CHAPTER V: Patient Rights in Reproduction
– The right of the woman to life prevails if pregnancy poses an immediate and major risk factor to the mother’s life.
– The patient has the right to information, education, and services necessary for developing a normal sexual life and reproductive health, without discrimination.
– (1) The right of the woman to decide whether to have children is guaranteed, except as provided in article 26.
– (2) The patient has the right to choose the safest reproductive health methods through health services.
– (3) Any patient has the right to effective and risk-free family planning methods.
CHAPTER VI: Patient Rights to Treatment and Medical Care
– (1) When providers must select patients for certain types of treatment available in limited numbers, selection is made based on medical criteria.
– (2) The medical criteria for selecting patients for certain treatments are developed by the Ministry of Health and Family within 30 days from the date the law enters into force and are made public.
– (1) Medical interventions on the patient can only be performed if the necessary resources and accredited staff are available.
– (2) Emergency cases arising in extreme situations are exempted from paragraph (1).
– Patients have the right to terminal care to die with dignity.
– Patients may receive support from family, friends, spiritual and material support, and advice throughout medical care. Upon patient request and within possibilities, the care and treatment environment will be as close to the family environment as possible.
– Hospitalized patients have the right to medical services provided by an accredited doctor outside the hospital.
– (1) Medical or non-medical personnel in health units cannot subject the patient to any pressure to reward them in any way other than the legal payment regulations within the unit.
– (2) The patient may offer additional payments or donations to the staff or unit where they were cared for, in compliance with the law.
– (1) Patients have the right to continuous medical care until their health improves or heals.
– (2) Continuity of care is ensured through cooperation and partnership between different public and non-public, hospital and outpatient, specialized or general medical units, provided by doctors, medium-level staff, or other qualified personnel. After discharge, patients have the right to available community services.
–Patients have the right to emergency medical assistance, emergency dental care, and pharmaceutical services around the clock.
CHAPTER VII: Sanctions
– Non-compliance by medical and healthcare staff with the confidentiality of patient data and the confidentiality of medical acts, as well as with other patient rights provided by this law, entails disciplinary, civil, or criminal liability, as applicable, according to legal provisions.
CHAPTER VIII: Transitional and Final Provisions
-(1) Health authorities publish annual reports on patient rights compliance, comparing situations in different regions of the country as well as existing situations with an optimal one.
-(2) Medical service providers are required to visibly display their standards in accordance with the law enforcement norms.