79C3C34C52B45572883A05D425EB0F82
Patient Rights Act, Official Gazette No. 15/2008
https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2008-01-0455?sop=2008-01-0455
http://leaux.net/URLS/ConvertAPI Text Files/791476DE6B321F3027015C6D9B3D3F7C.en.txt
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Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator crime:
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p.(None): identification, treatment and monitoring of disease or injury (hereinafter: health information).
p.(None): (2) The duties of protecting information on the patient's health condition may be performed by a healthcare professional or healthcare associate or another person to whom this information is available due to
p.(None): nature of their work, resolve:
p.(None): - patient,
p.(None): - parents or guardian of a child before the age of 15,
p.(None): - parents or guardian for a child after reaching the age of 15, if the information is necessary for the exercise of parental rights or guardianship, and the child is not notified
p.(None): forbade
p.(None): - a person who had the right to consent to medical intervention or medical care, if the patient was not able to make decisions about himself, but only with regard to information about medical care
p.(None): condition related to the medical procedure or medical care to which she has consented,
p.(None): - the court,
p.(None): - other persons, when so provided by law.
p.(None): (3) The doctor may communicate information on the patient's state of health if this is strictly necessary to protect life or prevent serious deterioration of the health of other persons.
p.(None): The doctor must report the suspicion of committing a crime against life and body, a crime against sexual integrity and a crime against marriage, family and
p.(None): youth in which a child was involved as the victim.
p.(None): (4) A patient who has reached the age of 15 has the right to determine in writing on the form referred to in Article 27 of this Act or orally in the presence of two adult witnesses to whom, when and which
p.(None): information on his medical condition may, must or may not be communicated by a doctor or another person authorized by the doctor, unless otherwise provided by law. The same goes for
p.(None): communication of information on the state of health relating to the medical procedure or medical care to which the patient up to the age of 15 was able to consent independently.
p.(None): A statement may be made for an individual medical procedure or medical care or for all future medical procedures or future medical care in an individual
p.(None): healthcare provider.
p.(None): (5) If a patient does not exercise the right under the preceding paragraph or is unable to do so due to his / her health condition, information on his / her health condition may be communicated.
p.(None): persons referred to in the second paragraph of this Article, his immediate family members, close persons and persons who have been in connection with a specific medical procedure or medical
p.(None): care entitled to give consent if the patient was unable to make decisions about himself.
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Political / criminal
Searching for indicator criminal:
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p.(None): a report on the implementation of supervision for which they are responsible on the basis of the law governing health care.
p.(None): (2) On the basis of the analysis of the reports of the representatives referred to in the second paragraph of Article 80 of this Act, the report of the Commission referred to in the second paragraph of Article 82 of this Act and the reports referred to in the previous paragraph
p.(None): the ministry responsible for health shall prepare a report on the situation in the field of protection of patients' rights, containing in particular:
p.(None): - annual statistics on violations of patients' rights, procedures and results introduced,
p.(None): Annual statistics on the activities of agents, and
p.(None): - an assessment of the situation in the field of patient rights protection with suggestions for improvement.
p.(None): (3) The report referred to in the preceding paragraph shall be submitted by the ministry responsible for health to the Government of the Republic of Slovenia for adoption no later than 30 May of the current year for the previous calendar year.
p.(None): (4) The regular annual reports of the Commission, the regular annual reports of the representatives and the adopted national report referred to in this Article shall be published on the website of the ministry responsible for health.
p.(None): VI. SUPERVISION
p.(None): Article 85
p.(None): (supervisory and misdemeanor authority)
p.(None): (1) Supervision over the implementation of this Act shall be performed by the ministry responsible for health.
p.(None): (2) The misdemeanor body under this Act is the Health Inspectorate of the Republic of Slovenia.
p.(None): VII. CRIMINAL PROVISIONS
p.(None): Article 86
p.(None): (performing medical care without patient consent)
p.(None): (1) A fine of 4,100 to 100,000 euros shall be imposed for a misdemeanor on a legal person performing a medical activity, a health worker performing a medical activity on the basis of
p.(None): concession, or a healthcare professional who independently performs a healthcare activity without a concession, if he performs a medical procedure or other actions in the procedures of treatment and rehabilitation
p.(None): without the consent of the patient (second paragraph of Article 26 of this Act).
p.(None): (2) A fine of 100 to 2,000 euros shall be imposed on the responsible person of a legal person for the misdemeanor referred to in the preceding paragraph.
p.(None): Article 87
p.(None): (other infringements)
p.(None): (1) A fine of 400 to 4,100 euros shall be imposed on a legal person performing a medical activity for a misdemeanor:
p.(None): - if he does not keep waiting lists in accordance with the third paragraph of Article 14 of this Act,
p.(None): - if he does not invite a patient who is entered in several waiting lists to declare himself in accordance with the ninth paragraph of Article 14 of this Act,
p.(None): - if it does not comply with the retention period referred to in the third paragraph of Article 15 of this Act,
p.(None): - if he does not exchange information in accordance with the first paragraph of Article 16 of this Act,
p.(None): - if he does not give explanations to the patient in accordance with the first paragraph of Article 20 and Article 25 of this Act,
p.(None): - if, in the event of an established or reported case of unauthorized processing of personal data, it does not take action in accordance with Article 46 of this Act,
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Political / political affiliation
Searching for indicator party:
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p.(None): public call.
p.(None): (4) Candidates shall be nominated by non-governmental organizations or associations operating in the field of health care or consumer protection, regional councils of the Health Insurance Institute of Slovenia and
p.(None): municipal councils.
p.(None): (5) The term of office of a representative shall be five years and may be reappointed.
p.(None): (6) A candidate may be appointed as a representative:
p.(None): - who is a citizen of the Republic of Slovenia,
p.(None): - who speaks an official language,
p.(None): - who has not been finally sentenced to unconditional imprisonment,
p.(None): Having at least a university degree, and
p.(None): - who has at least ten years of work experience in the field of law, health, consumer protection or patients' rights.
p.(None): (7) The work of a representative is incompatible:
p.(None): - membership of management and supervisory bodies of healthcare providers,
p.(None): - membership in the management and supervisory bodies of the Health Insurance Institute of Slovenia and other insurance companies in the field of health insurance,
p.(None): - membership of the management or supervisory bodies of a company engaged in the manufacture or sale of medicinal products or medical devices,
p.(None): - membership in the bodies of the competent chambers in the field of health care,
p.(None): By working under an employment contract or other contract with a healthcare provider, and
p.(None): - with functions in state bodies, local community bodies, political party bodies and trade union bodies.
p.(None): (8) A trusted person who has social and communication skills and enjoys a professional and moral reputation may be appointed as a representative.
p.(None): (9) The representative body of the province referred to in the third paragraph of this Article may dismiss the representative early if:
p.(None): - it requires it itself,
p.(None): - permanently loses his ability to work,
p.(None): - is not trustworthy due to identified errors at work,
p.(None): - no longer fulfills the conditions for performing the tasks,
p.(None): - performs the function or work referred to in the seventh paragraph of this Article.
p.(None): (10) The function referred to in the sixth indent of the seventh paragraph of this Article shall terminate on the day of the appointment of the representative. The representative must terminate no later than three months after the date of appointment
p.(None): to perform the work referred to in the fifth indent of the seventh paragraph of this Article or to terminate his membership in the bodies referred to in the first, second, third and fourth indents of the seventh paragraph of this Article. If
p.(None): fails to do so, the representative body shall dismiss him.
p.(None): Article 51
p.(None): (acting as an agent)
p.(None): (1) The representative shall act at the seat of the province, which shall provide material and other conditions for his work.
p.(None): (2) The necessary funds for the work of representatives shall be determined in the budget of the province.
p.(None): (3) The representative is entitled to a reward for his work and reimbursement of actual labor costs. The criteria for determining the amount of the award shall be determined by the minister responsible for health.
p.(None): (4) Professional and administrative technical assistance to the representative shall be provided by the province.
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Searching for indicator political:
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p.(None): public call.
p.(None): (4) Candidates shall be nominated by non-governmental organizations or associations operating in the field of health care or consumer protection, regional councils of the Health Insurance Institute of Slovenia and
p.(None): municipal councils.
p.(None): (5) The term of office of a representative shall be five years and may be reappointed.
p.(None): (6) A candidate may be appointed as a representative:
p.(None): - who is a citizen of the Republic of Slovenia,
p.(None): - who speaks an official language,
p.(None): - who has not been finally sentenced to unconditional imprisonment,
p.(None): Having at least a university degree, and
p.(None): - who has at least ten years of work experience in the field of law, health, consumer protection or patients' rights.
p.(None): (7) The work of a representative is incompatible:
p.(None): - membership of management and supervisory bodies of healthcare providers,
p.(None): - membership in the management and supervisory bodies of the Health Insurance Institute of Slovenia and other insurance companies in the field of health insurance,
p.(None): - membership of the management or supervisory bodies of a company engaged in the manufacture or sale of medicinal products or medical devices,
p.(None): - membership in the bodies of the competent chambers in the field of health care,
p.(None): By working under an employment contract or other contract with a healthcare provider, and
p.(None): - with functions in state bodies, local community bodies, political party bodies and trade union bodies.
p.(None): (8) A trusted person who has social and communication skills and enjoys a professional and moral reputation may be appointed as a representative.
p.(None): (9) The representative body of the province referred to in the third paragraph of this Article may dismiss the representative early if:
p.(None): - it requires it itself,
p.(None): - permanently loses his ability to work,
p.(None): - is not trustworthy due to identified errors at work,
p.(None): - no longer fulfills the conditions for performing the tasks,
p.(None): - performs the function or work referred to in the seventh paragraph of this Article.
p.(None): (10) The function referred to in the sixth indent of the seventh paragraph of this Article shall terminate on the day of the appointment of the representative. The representative must terminate no later than three months after the date of appointment
p.(None): to perform the work referred to in the fifth indent of the seventh paragraph of this Article or to terminate his membership in the bodies referred to in the first, second, third and fourth indents of the seventh paragraph of this Article. If
p.(None): fails to do so, the representative body shall dismiss him.
p.(None): Article 51
p.(None): (acting as an agent)
p.(None): (1) The representative shall act at the seat of the province, which shall provide material and other conditions for his work.
p.(None): (2) The necessary funds for the work of representatives shall be determined in the budget of the province.
p.(None): (3) The representative is entitled to a reward for his work and reimbursement of actual labor costs. The criteria for determining the amount of the award shall be determined by the minister responsible for health.
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Political / vulnerable
Searching for indicator vulnerable:
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p.(None): treatment.
p.(None): 6. Healthcare providers are natural or legal persons governed by public or private law who provide healthcare services.
p.(None): 7. A public health institution is a health center, pharmacy, hospital and other form of health organization in accordance with the laws governing health and pharmacy activities.
p.(None): 8. A council is a consultation of two or more doctors, with the same or another health care provider, regarding the diagnosis and other aspects of treatment or medical care.
p.(None): individual patient.
p.(None): 9. Mediation is a form of alternative dispute resolution with the help of one or two independent and impartial experts who cannot issue a binding decision but with their own
p.(None): by acting in an informal procedure, they help the participants to reach an agreement that resolves the dispute or newly regulates mutual relations.
p.(None): 10. Medical intervention is any treatment that has a preventive, diagnostic, therapeutic or rehabilitation purpose and is performed by a doctor, other healthcare professional or a healthcare professional.
p.(None): collaborator.
p.(None): 11. The network of public health service providers are all public and private health service providers who, on the basis of the founding act or concession and the contract with the Institute for
p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
p.(None): 13. Vulnerable groups are those social groups to which additional attention and care is given in health care for health or social reasons.
p.(None): 14. A child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity.
p.(None): 15. The patient's immediate family members are the spouse, common-law partner, same-sex partner, parents, adoptive parents, grandparents, children or adopted children, grandchildren and siblings.
p.(None): 16. A patient is a patient or other user of health services in relation to health care workers and health care associates or health care providers, regardless of
p.(None): your health condition.
p.(None): 17. Reasonable time is time not exceeding a period acceptable from the point of view of an objective medical assessment of the patient's clinical needs in the light of his medical condition, medical history,
p.(None): the likely development of the disease, the degree of pain or the nature of the disability at the time the right is exercised.
p.(None): 18. Serious health damage is a severe deterioration in the patient's physical or mental health that jeopardizes the expected favorable treatment outcomes.
p.(None): 19. The ability to decide on oneself is the patient's ability to independently exercise the rights under this Act, in particular to decide on the implementation of a medical procedure or medical
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p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
p.(None): (4) Children have the right to permanent accompaniment of one of the parents or another person caring for the child during inpatient and other medical care, unless reasons are given,
p.(None): which would not be in the best interests of the child.
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Health / Mentally Disabled
Searching for indicator disability:
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p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
p.(None): 13. Vulnerable groups are those social groups to which additional attention and care is given in health care for health or social reasons.
p.(None): 14. A child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity.
p.(None): 15. The patient's immediate family members are the spouse, common-law partner, same-sex partner, parents, adoptive parents, grandparents, children or adopted children, grandchildren and siblings.
p.(None): 16. A patient is a patient or other user of health services in relation to health care workers and health care associates or health care providers, regardless of
p.(None): your health condition.
p.(None): 17. Reasonable time is time not exceeding a period acceptable from the point of view of an objective medical assessment of the patient's clinical needs in the light of his medical condition, medical history,
p.(None): the likely development of the disease, the degree of pain or the nature of the disability at the time the right is exercised.
p.(None): 18. Serious health damage is a severe deterioration in the patient's physical or mental health that jeopardizes the expected favorable treatment outcomes.
p.(None): 19. The ability to decide on oneself is the patient's ability to independently exercise the rights under this Act, in particular to decide on the implementation of a medical procedure or medical
p.(None): care. A patient is able to make decisions about himself if he is able to understand the meaning and consequences of exercising according to age, maturity, medical condition or other personal circumstances.
p.(None): rights under this Act, in particular the consent, refusal or revocation of the refusal of a medical procedure or medical care.
p.(None): 20. A professional standard is a recommendation adopted by the competent professional body of an individual health profession in order to achieve the optimal level of regulation in a certain field.
p.(None): 21. Medical activity is an activity determined by a special law.
p.(None): 22. Medical care is medical and other interventions for disease prevention and health promotion, diagnostics, therapy, rehabilitation and nursing care and other services or
p.(None): procedures performed by healthcare providers in treating a patient.
p.(None): 23. Health services are services provided by healthcare professionals and healthcare professionals as part of the activities of healthcare providers for patients.
p.(None): 24. Healthcare professionals and healthcare associates are all those who provide medical or pharmacy services, as stipulated by the laws governing healthcare and pharmacy activities.
p.(None): Article 3
p.(None): (principles)
p.(None): In exercising the rights of patients under this Act, the following principles shall be observed in particular:
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p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
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p.(None): Minister responsible for health.
p.(None): Article 33
p.(None): (exclusion of persons entitled by law to decide on health care)
p.(None): (1) A patient who is capable of deciding on himself and has reached the age of 18 may, by a written statement, exclude or limit persons who are entitled to decide on his medical care after
p.(None): this law, for cases where he is unable to decide for himself.
p.(None): (2) The statement referred to in the preceding paragraph shall be accessible to the health care provider through the information system of the health insurance card or the central health records.
p.(None): documentation.
p.(None): Article 34
p.(None): (consideration of pre-expressed will)
p.(None): (1) A patient who is capable of making decisions about himself and has reached the age of 18 has the right to have his will taken into account as to what kind of medical care he does not allow if
p.(None): find himself in a position where he would not be able to give valid consent if:
p.(None): - would suffer from a serious illness which, according to the achievements of medical science, would in a short time lead to death even with appropriate medical intervention or medical care and thus
p.(None): treatment does not give hope for a cure or improvement in health or alleviation of suffering, but only prolongs survival,
p.(None): - medical intervention or medical care would prolong his life in a situation where the illness or injury will cause such a severe disability that he will permanently lose his physical or
p.(None): mental ability to take care of himself.
p.(None): (2) The will referred to in the first indent of the preceding paragraph shall be binding on the doctor, and the will referred to in the second indent of the preceding paragraph must be taken into account as a guideline when deciding on treatment.
p.(None): (3) The will expressed in advance must be taken into account when the situation envisaged by the definition occurs and if at the same time there is no reasonable doubt that the patient would revoke the will in these circumstances.
p.(None): (4) The will expressed in advance must be documented on the form referred to in Article 27 of this Act.
p.(None): (5) The selected personal physician and the patient's rights representative shall instruct the patient in detail about the meaning and consequences of his / her decision before declaring a pre-expressed will. Finding
p.(None): the identity of the patient, the findings regarding the fulfillment of the conditions referred to in the first paragraph of this Article, the basic explanations and the signatures of the patient, the chosen personal physician and the representative
p.(None): patients' rights are an integral part of the form referred to in Article 27 of this Act.
p.(None): (6) The written statement referred to in the first paragraph of this Article shall be valid for five years and the patient may revoke it at any time with a written statement, regardless of the ability to decide on himself.
p.(None): (7) The information that the patient has made a statement under this Article shall be accessible to the doctor via the information system of the health insurance card or the central medical records.
p.(None): documentation. The procedure for recording and deleting data, storage and the procedure for acquainting oneself with the statement shall be prescribed by the minister responsible for health.
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Health / Mentally Incapacitated
Searching for indicator incapable:
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p.(None): patients' rights are an integral part of the form referred to in Article 27 of this Act.
p.(None): (6) The written statement referred to in the first paragraph of this Article shall be valid for five years and the patient may revoke it at any time with a written statement, regardless of the ability to decide on himself.
p.(None): (7) The information that the patient has made a statement under this Article shall be accessible to the doctor via the information system of the health insurance card or the central medical records.
p.(None): documentation. The procedure for recording and deleting data, storage and the procedure for acquainting oneself with the statement shall be prescribed by the minister responsible for health.
p.(None): 9. A special way of exercising the rights of patients who are not capable of making decisions about themselves
p.(None): Article 35
p.(None): (children)
p.(None): (1) When a child is unable to consent to a medical procedure or medical care, this may be performed only if his or her parents or guardian (in
p.(None): hereinafter: the administrator). The same applies to special types of consent referred to in the third paragraph of Article 26 of this Act, unless otherwise provided by law.
p.(None): (2) A child up to the age of 15 shall be deemed incapable of consent, unless the doctor, in view of the child's maturity, assesses that he is capable of doing so, taking into account the circumstances
p.(None): ability to make decisions about oneself, usually consults with parents or guardians. A child who has reached the age of 15 is considered to be capable of consent, unless the doctor
p.(None): assesses the child's maturity that he is not capable of doing so, and as a rule he consults with the parents or guardian regarding the circumstances that speak about the ability to decide about himself.
p.(None): (3) The parents shall, as a rule, decide on the consent referred to in this Article by agreement.
p.(None): (4) For an operative or other medical procedure related to a higher risk or higher load, or a medical procedure that may have significant consequences for the child,
p.(None): requires the consent of both parents, except when:
p.(None): - one of the parents is unknown or has an unknown residence,
p.(None): - one of the parents is deprived of parental rights,
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p.(None): - the patient's spouse, common-law or same-sex partner,
p.(None): - the patient's children or adopted children,
p.(None): - the patient's parents or adoptive parents,
p.(None): - the patient's siblings,
p.(None): - the patient's grandparents,
p.(None): - the patient's grandchildren.
p.(None): (5) If the persons referred to in an individual indent of the preceding paragraph do not reach an agreement on the performance of a medical procedure or medical care, the doctor treating him shall decide thereon.
p.(None): taking into account the opinions given and the patient’s greatest health benefit.
p.(None): (6) The provisions of the preceding paragraphs shall also apply mutatis mutandis to the consents referred to in the third paragraph of Article 26 of this Act.
p.(None): (7) In the manner specified in this Article, the patient referred to in the first paragraph of this Article shall also exercise other rights referred to in Article 5 of this Act, unless otherwise provided by law.
p.(None): (8) The legal representative and other persons referred to in the fourth paragraph of this Article may not refuse emergency medical assistance to a patient with mental health problems.
p.(None): Article 38
p.(None): (temporary inability to decide for oneself)
p.(None): (1) When the patient is temporarily unable to make decisions about himself, the provisions of the first, fourth, fifth and sixth paragraphs of the previous article shall apply.
p.(None): (2) In the manner specified in this Article, a patient who is temporarily incapable of deciding on himself shall also exercise other rights referred to in Article 5 of this Act, unless the Act provides otherwise.
p.(None): (3) The legal representative and other persons referred to in the fourth paragraph of the previous article may not refuse emergency medical care to a patient who is temporarily incapable of deciding on himself.
p.(None): 10. The right to prevent and alleviate suffering
p.(None): Article 39
p.(None): (prevention and alleviation of suffering)
p.(None): (1) The patient has the right to take all necessary measures without delay to eliminate or, as far as possible, alleviate the pain and other suffering associated with his illness.
p.(None): (2) The patient has the right to prevent unnecessary pain and other suffering related to medical intervention in his health care according to professional standards.
p.(None): (3) A patient in the final stage of the disease and a patient with an incurable disease that causes severe suffering shall have the right to palliative care.
p.(None): 11. Right to a second opinion
p.(None): Article 40
p.(None): (obtaining a second opinion)
p.(None): (1) The patient has the right to obtain a second opinion at any time.
p.(None): (2) The patient has the right to obtain a second opinion within a reasonable time within the network of providers of public health services in the treatment at the secondary and tertiary level.
p.(None): (3) The right referred to in the preceding paragraph may be exercised at most once for the assessment of the same health condition. Before exercising this right, the patient and the doctor treating him must perform
p.(None): a thorough discussion of the reasons, purpose and necessity of obtaining a second opinion, on the basis of which the patient assesses whether he will exercise the right to a second opinion.
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p.(None): hereinafter: the procedure for requesting a second hearing of the infringement).
p.(None): (2) The provisions of this Act governing the procedures for the protection of patients' rights shall be without prejudice to the regulations governing supervision to ensure the professionalism of the work of healthcare professionals and
p.(None): healthcare professionals and healthcare providers.
p.(None): (3) The provisions of regulations in the field of health insurance shall apply to violations of health insurance rights.
p.(None): Article 48
p.(None): (general procedural principles)
p.(None): (1) Procedures for the protection of patients' rights must ensure:
p.(None): - patient information and support,
p.(None): - simple, transparent, fast and efficient resolution,
p.(None): - free advice and assistance from a patient rights representative,
p.(None): - impartiality and fairness of treatment,
p.(None): - adequate on-going documentation of the participants' procedural actions,
p.(None): - resolving and terminating the proceedings where they arose,
p.(None): - as a rule, an oral hearing,
p.(None): - exclusion of the public,
p.(None): - opportunities for peaceful settlement of disputes.
p.(None): (2) With regard to the issue of procedural capacity in procedures for the protection of patients' rights, the provisions of this Act shall apply mutatis mutandis to patients who are not capable of deciding on themselves.
p.(None): they regulate a special way of exercising the rights of patients who are incapable of making decisions about themselves. Where the child's parents decide to institute proceedings, an amicable decision is not required.
p.(None): (3) The introduction of procedures may also be requested by close family members or close persons, if the patient agrees. After the patient's death, the introduction of procedures may require the patient's immediate
p.(None): family members.
p.(None): (4) Patients referred to in the second paragraph of this Article have the right to ensure their participation in the proceedings for the violation of their rights to the greatest extent possible and to take into account their
p.(None): opinion if they are able to express it and if they understand its meaning and consequences.
p.(None): (5) The exercise of violations of patients' rights under this Act is not a condition for the exercise of the right to possible judicial protection.
p.(None): 15. The right to free assistance in the exercise of patients' rights
p.(None): Article 49
p.(None): (powers of the patient's rights representative)
p.(None): (1) In exercising the rights under this Act, the patient is advised, assisted or represented by the patient's rights representative (hereinafter: the representative), in particular by:
p.(None): - advise the patient in an appropriate manner on the content of the rights, methods and possibilities of exercising them in the period before or during the treatment and when these are violated,
p.(None): - provides concrete guidelines for the exercise of rights and proposes possible solutions,
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Health / Motherhood/Family
Searching for indicator family:
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p.(None): Cancellation of documents
p.(None): TABLE OF CONTENTS
p.(None): 455. Patients' Rights Act (ZPacP), p. 1045.
p.(None): On the basis of the second indent of the first paragraph of Article 107 and the first paragraph of Article 91 of the Constitution of the Republic of Slovenia, I issue
p.(None): DECREE
p.(None): on the promulgation of the Patients' Rights Act (ZPacP)
p.(None): I hereby promulgate the Patients' Rights Act (ZPacP), which was adopted by the National Assembly of the Republic of Slovenia at its session on 29 January 2008.
p.(None): No. 003-02-2 / 2008-2
p.(None): Ljubljana, 6 February 2008
p.(None): dr. Danilo Türk l.r.
p.(None): The President
p.(None): Of the Republic of Slovenia
p.(None): LAW
p.(None): ON PATIENT RIGHTS (ZPacP)
p.(None): I. GENERAL PROVISIONS
p.(None): Article 1
p.(None): (subject and purpose of the law)
p.(None): (1) This Act determines the rights that the patient (hereinafter: the patient) has as a user (hereinafter: the user)
p.(None): health services for all providers (hereinafter: providers) of health services, the procedures for exercising these rights when they are violated, and thus
p.(None): rights-related duties.
p.(None): (2) The purpose of this Act is to enable equal, appropriate, quality and safe medical care based on trust and respect between the patient and the doctor or
p.(None): a doctor (hereinafter: doctor) or other health care worker (hereinafter: health care worker) and health care associates or
p.(None): associate (hereinafter: medical associate).
p.(None): (3) The rights from health insurance and the manner of their exercise shall be determined by a special law.
p.(None): Article 2
p.(None): (meaning of terms)
p.(None): The individual terms used in this Act have the following meaning:
p.(None): 1. Close persons are other persons outside the circle of close family members who are in a confidential relationship with the patient and at least are likely to demonstrate this quality.
p.(None): 2. The waiting period is the expected period from entry on the waiting list to the actual start of treatment, expressed in days or months.
p.(None): 3. Waiting time is the difference between the pre-agreed time of the beginning of the provision of the health service and its actual start, expressed in minutes.
p.(None): 4. A waiting list is an electronically or manually managed database of the order of patients enrolled in succession awaiting treatment or the exercise of the right to
p.(None): health services for which a waiting period occurs.
p.(None): 5. The second opinion shall be the opinion given by the doctor of the relevant specialty or council of the same or
p.(None): another healthcare provider. A doctor or a member of the council giving a second opinion may not be a person who has been or will be directly involved in the process
p.(None): treatment.
p.(None): 6. Healthcare providers are natural or legal persons governed by public or private law who provide healthcare services.
p.(None): 7. A public health institution is a health center, pharmacy, hospital and other form of health organization in accordance with the laws governing health and pharmacy activities.
p.(None): 8. A council is a consultation of two or more doctors, with the same or another health care provider, regarding the diagnosis and other aspects of treatment or medical care.
p.(None): individual patient.
p.(None): 9. Mediation is a form of alternative dispute resolution with the help of one or two independent and impartial experts who cannot issue a binding decision but with their own
p.(None): by acting in an informal procedure, they help the participants to reach an agreement that resolves the dispute or newly regulates mutual relations.
p.(None): 10. Medical intervention is any treatment that has a preventive, diagnostic, therapeutic or rehabilitation purpose and is performed by a doctor, other healthcare professional or a healthcare professional.
p.(None): collaborator.
p.(None): 11. The network of public health service providers are all public and private health service providers who, on the basis of the founding act or concession and the contract with the Institute for
p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
p.(None): 13. Vulnerable groups are those social groups to which additional attention and care is given in health care for health or social reasons.
p.(None): 14. A child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity.
p.(None): 15. The patient's immediate family members are the spouse, common-law partner, same-sex partner, parents, adoptive parents, grandparents, children or adopted children, grandchildren and siblings.
p.(None): 16. A patient is a patient or other user of health services in relation to health care workers and health care associates or health care providers, regardless of
p.(None): your health condition.
p.(None): 17. Reasonable time is time not exceeding a period acceptable from the point of view of an objective medical assessment of the patient's clinical needs in the light of his medical condition, medical history,
p.(None): the likely development of the disease, the degree of pain or the nature of the disability at the time the right is exercised.
p.(None): 18. Serious health damage is a severe deterioration in the patient's physical or mental health that jeopardizes the expected favorable treatment outcomes.
p.(None): 19. The ability to decide on oneself is the patient's ability to independently exercise the rights under this Act, in particular to decide on the implementation of a medical procedure or medical
p.(None): care. A patient is able to make decisions about himself if he is able to understand the meaning and consequences of exercising according to age, maturity, medical condition or other personal circumstances.
p.(None): rights under this Act, in particular the consent, refusal or revocation of the refusal of a medical procedure or medical care.
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p.(None): Medical intervention or medical care that is not an intervention or care from the previous article and at the same time is not an operative or other medical intervention associated with a higher risk or
p.(None): heavier workload, the patient may be performed without his consent under the following conditions:
p.(None): - the patient is unable to make decisions about himself,
p.(None): - the doctor did not know and could not have known that the patient, the patient's medical representative (hereinafter: the patient's medical representative),
p.(None): patients' legal representative (hereinafter: legal representative) or another person who may give consent by law, objected to the procedure,
p.(None): The consent of the persons referred to in the previous indent could not be obtained within a reasonable time, and
p.(None): - medical intervention or medical care for the patient will be of the greatest medical benefit.
p.(None): 7.3 The right to refuse medical care
p.(None): Article 30
p.(None): (rejection)
p.(None): (1) A patient who is capable of deciding on himself has the right to refuse the proposed medical intervention or medical care, except when this would endanger life or seriously endanger
p.(None): the health of others.
p.(None): (2) If the doctor treating the patient assesses that the patient's decision is contrary to his best medical benefit and the refusal could endanger his life or cause
p.(None): irreversible and severe deterioration of his health, he must try to persuade the patient and, if necessary, ask the patient's immediate family members for help.
p.(None): or suggest that the patient obtain a second opinion.
p.(None): (3) The refusal of a medical procedure or medical care may not have consequences in the attitude of healthcare professionals or healthcare associates towards the patient.
p.(None): (4) For operative or other medical interventions related to a greater risk or greater burden, the refusal shall be documented on the form referred to in Article 27 of this Act.
p.(None): Article 31
p.(None): (revocation of consent or refusal)
p.(None): (1) The patient has the right to revoke the consent to medical intervention or medical care at any time under the conditions referred to in the first paragraph of the previous article.
p.(None): (2) The patient has the right to revoke the refusal of medical intervention or medical care at any time under the conditions referred to in Article 26 of this Act.
p.(None): 8. The right to have one's will expressed in advance
p.(None): Article 32
p.(None): (patient's medical representative)
p.(None): (1) A patient who is capable of deciding on himself and has reached the age of 18 may appoint a person who, in the event and for the time of his inability to decide on himself, will decide on his
p.(None): health care and other rights under this Act (hereinafter: the patient's medical representative).
p.(None): (2) The patient's medical representative may be a person who is capable of making decisions about himself and who has reached 18 years of age. The patient's medical representative has the right to be informed
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p.(None): - one of the parents is unknown or has an unknown residence,
p.(None): - one of the parents is deprived of parental rights,
p.(None): - one of the parents is unable to give an opinion in time due to the temporary suspension of the opinion without the risk of serious health damage to the child,
p.(None): - one of the parents does not meet the conditions required for the patient's ability to make decisions about himself.
p.(None): (5) The provisions of Article 27 of this Act, which apply to consent, shall apply to consent under the preceding paragraph.
p.(None): (6) When a parent is informed about an operative or other medical intervention related to a higher risk or greater burden, or a medical intervention that may have
p.(None): important consequences for the child, they cannot decide by mutual consent, they may propose that they be assisted or decided by the body responsible for this under the regulations governing family
p.(None): relationships.
p.(None): (7) For other medical interventions or medical care that do not constitute the interventions or care referred to in the preceding paragraph, the consent may be given by the parent who, when
p.(None): consent given, present. If both are present and do not agree, the doctor obtains the consent of the council for the greatest possible benefit of the child, and if this is not possible, from another doctor who has not yet
p.(None): was and will not be included in the patient’s treatment later. The decision on the form referred to in Article 27 of this Act shall be signed by one of the parents who agrees to the medical procedure or
p.(None): medical care, and members of the council or the doctor who gave the consent.
p.(None): (8) When a child has the right to decide on his or her health care, other persons have the right to take into account his or her opinion as much as possible, if he or she is able to express it and understands it.
p.(None): its significance and consequences.
p.(None): (9) In the manner specified in the preceding paragraphs, the child shall also exercise other rights referred to in Article 5 of this Act, unless this Act provides otherwise.
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
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p.(None): or medical care.
p.(None): (5) The patient has the right to request the implementation of other appropriate and reasonable measures for the protection of his privacy in medical care.
p.(None): Article 44
p.(None): (protection of personal data)
p.(None): (1) The patient has the right to the confidentiality of personal data, including data on visits to the doctor and other details of his treatment.
p.(None): (2) Patients' health and other personal data must be handled by healthcare professionals and healthcare associates in accordance with the principle of confidentiality and regulations governing the protection
p.(None): personal data.
p.(None): (3) The use and other processing of the patient's health and other personal data for the needs of treatment is also permitted on the basis of the patient's consent or the consent of the persons who
p.(None): they have the right to consent to medical intervention or medical care if the patient is unable to make decisions about himself.
p.(None): (4) The use and other processing of the patient's medical and other personal data outside the medical care procedures is permitted only with his consent or the consent of the persons who
p.(None): they have the right to consent to medical intervention or medical care if the patient is unable to make decisions about himself. After the patient's death, his immediate family members may give their consent,
p.(None): unless the patient has prohibited this in writing.
p.(None): (5) Notwithstanding the provision of the preceding paragraph, the use of the patient's medical and other personal data outside the procedures of medical care may be determined by law.
p.(None): (6) Consent to the use and other processing of personal data pursuant to the third and fourth paragraphs of this Article is not required:
p.(None): - if, for the purposes of epidemiological and other research, education, medical publications or other purposes, the patient's identity cannot be established,
p.(None): - if, for the purposes of monitoring the quality and safety of healthcare, the patient's identity is not identifiable,
p.(None): - where the declaration of a medical condition is required by law,
p.(None): - where, due to treatment needs, the data are passed on to another healthcare provider,
p.(None): - when provided for by another law.
p.(None): (7) Personal data processed in accordance with the third, fourth and fifth paragraphs of this Article must be relevant and appropriate in scope with regard to the purposes for which they are collected and
p.(None): further processed.
p.(None): (8) The patient has the right to designate persons who may be acquainted with his medical documentation and persons to whom access to his medical documentation is prohibited,
p.(None): if this is not contrary to law. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act.
p.(None): Article 45
p.(None): (protection of professional secrecy)
p.(None): (1) Healthcare professionals and healthcare associates, as well as persons to whom data are available due to the nature of their work, shall be obliged to protect, as a professional secret, everything that
p.(None): information about the patient, in particular information about his or her state of health, his or her personal, family and social situation, and information
p.(None): identification, treatment and monitoring of disease or injury (hereinafter: health information).
p.(None): (2) The duties of protecting information on the patient's health condition may be performed by a healthcare professional or healthcare associate or another person to whom this information is available due to
p.(None): nature of their work, resolve:
p.(None): - patient,
p.(None): - parents or guardian of a child before the age of 15,
p.(None): - parents or guardian for a child after reaching the age of 15, if the information is necessary for the exercise of parental rights or guardianship, and the child is not notified
p.(None): forbade
p.(None): - a person who had the right to consent to medical intervention or medical care, if the patient was not able to make decisions about himself, but only with regard to information about medical care
p.(None): condition related to the medical procedure or medical care to which she has consented,
p.(None): - the court,
p.(None): - other persons, when so provided by law.
p.(None): (3) The doctor may communicate information on the patient's state of health if this is strictly necessary to protect life or prevent serious deterioration of the health of other persons.
p.(None): The doctor must report the suspicion of committing a crime against life and body, a crime against sexual integrity and a crime against marriage, family and
p.(None): youth in which a child was involved as the victim.
p.(None): (4) A patient who has reached the age of 15 has the right to determine in writing on the form referred to in Article 27 of this Act or orally in the presence of two adult witnesses to whom, when and which
p.(None): information on his medical condition may, must or may not be communicated by a doctor or another person authorized by the doctor, unless otherwise provided by law. The same goes for
p.(None): communication of information on the state of health relating to the medical procedure or medical care to which the patient up to the age of 15 was able to consent independently.
p.(None): A statement may be made for an individual medical procedure or medical care or for all future medical procedures or future medical care in an individual
p.(None): healthcare provider.
p.(None): (5) If a patient does not exercise the right under the preceding paragraph or is unable to do so due to his / her health condition, information on his / her health condition may be communicated.
p.(None): persons referred to in the second paragraph of this Article, his immediate family members, close persons and persons who have been in connection with a specific medical procedure or medical
p.(None): care entitled to give consent if the patient was unable to make decisions about himself.
p.(None): (6) In the case referred to in Article 22 of this Act, the persons referred to in the preceding paragraphs of this Article shall not have the right to obtain more information than the patient would have obtained, unless the patient has determined otherwise.
p.(None): (7) The provider of health services shall decide on the request for information on the basis of the second and fifth paragraphs of this Article within five days of receiving the request. If required in part or in full
p.(None): refuses, the entitled persons have the right to lodge a complaint with the Information Commissioner in the case of information derived from medical records.
p.(None): (8) The second, third, fourth, fifth and seventh paragraphs of this Article shall also apply to the transmission of medical documentation.
p.(None): (9) Notwithstanding his ban on the communication of health information, the healthcare provider shall inform the immediate family members in an appropriate manner
p.(None): his death and its cause. If the healthcare provider is not aware of these persons, he shall inform the competent authority of the patient's death.
p.(None): Article 46
p.(None): (unauthorized processing of personal data)
p.(None): Healthcare providers must identify any identified or reported case of unauthorized communication or other unauthorized processing of personal patient data, regardless of
p.(None): the patient's will, specifically to investigate and determine the possible responsibility of healthcare professionals, healthcare associates or other persons, and to document the case in writing. They have to talk about it
p.(None): inform the patient, the competent patient rights representative and the Information Commissioner.
p.(None): 14. The right to deal with violations of patients' rights
p.(None): Article 47
p.(None): (types of procedures for the protection of patients' rights)
p.(None): (1) A patient who considers that his rights determined by this Act have been violated shall have the right to be treated for violations in the following procedures regulated by this Act:
p.(None): - first hearing of the violation of the patient's rights before the competent person of the healthcare provider on the basis of the patient's written or oral request (hereinafter: the procedure with
p.(None): request for a first reading of the infringement),
p.(None): - second hearing on the violation of patients 'rights in proceedings before the Commission of the Republic of Slovenia for the Protection of Patients' Rights on the basis of a patient's written or oral request (hereinafter
p.(None): hereinafter: the procedure for requesting a second hearing of the infringement).
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p.(None): healthcare professionals and healthcare providers.
p.(None): (3) The provisions of regulations in the field of health insurance shall apply to violations of health insurance rights.
p.(None): Article 48
p.(None): (general procedural principles)
p.(None): (1) Procedures for the protection of patients' rights must ensure:
p.(None): - patient information and support,
p.(None): - simple, transparent, fast and efficient resolution,
p.(None): - free advice and assistance from a patient rights representative,
p.(None): - impartiality and fairness of treatment,
p.(None): - adequate on-going documentation of the participants' procedural actions,
p.(None): - resolving and terminating the proceedings where they arose,
p.(None): - as a rule, an oral hearing,
p.(None): - exclusion of the public,
p.(None): - opportunities for peaceful settlement of disputes.
p.(None): (2) With regard to the issue of procedural capacity in procedures for the protection of patients' rights, the provisions of this Act shall apply mutatis mutandis to patients who are not capable of deciding on themselves.
p.(None): they regulate a special way of exercising the rights of patients who are incapable of making decisions about themselves. Where the child's parents decide to institute proceedings, an amicable decision is not required.
p.(None): (3) The introduction of procedures may also be requested by close family members or close persons, if the patient agrees. After the patient's death, the introduction of procedures may require the patient's immediate
p.(None): family members.
p.(None): (4) Patients referred to in the second paragraph of this Article have the right to ensure their participation in the proceedings for the violation of their rights to the greatest extent possible and to take into account their
p.(None): opinion if they are able to express it and if they understand its meaning and consequences.
p.(None): (5) The exercise of violations of patients' rights under this Act is not a condition for the exercise of the right to possible judicial protection.
p.(None): 15. The right to free assistance in the exercise of patients' rights
p.(None): Article 49
p.(None): (powers of the patient's rights representative)
p.(None): (1) In exercising the rights under this Act, the patient is advised, assisted or represented by the patient's rights representative (hereinafter: the representative), in particular by:
p.(None): - advise the patient in an appropriate manner on the content of the rights, methods and possibilities of exercising them in the period before or during the treatment and when these are violated,
p.(None): - provides concrete guidelines for the exercise of rights and proposes possible solutions,
p.(None): - offers the patient assistance in filing legal remedies under this Act,
p.(None): - make the necessary inquiries for the patient regarding alleged infringements by healthcare providers,
p.(None): - informally intervenes with healthcare providers with a view to resolving infringements quickly,
p.(None): - when there is no violation of rights under this Act, the patient is referred to a competent legal or natural person or a competent state authority,
...
p.(None): Article 52
p.(None): (power of attorney)
p.(None): (1) The representative needs his written authorization to represent the patient.
p.(None): (2) In order to conclude a settlement or other agreement, withdraw a request and inspect medical records, the representative must have an explicit authorization. Authorization to become acquainted with
p.(None): medical records can be limited by the patient to selected data. In such a case, the patient's representative must draw attention to the possible consequences of this restriction.
p.(None): Article 53
p.(None): (manifest unfoundedness of the claim)
p.(None): If the representative considers that the patient's claim is manifestly unfounded, he is not obliged to accept the power of attorney, but must warn the patient in writing of the futility of the procedure and
p.(None): inform him of any other options for asserting the claim.
p.(None): III. PATIENT DUTIES
p.(None): Article 54
p.(None): (patient duties)
p.(None): To achieve quality and safe health care, the patient is obliged to:
p.(None): - take an active part in protecting, strengthening and restoring their own health,
p.(None): - during the illness, act in accordance with the received professional instructions and treatment plans, to which he has consented orally or in writing,
p.(None): - provide the competent doctor and other competent healthcare professionals or healthcare professionals with all necessary and true information regarding their medical
p.(None): conditions known to him and relevant to further medical care, in particular information on his current and past injuries and illnesses and their treatment,
p.(None): family, any allergies and medicines he is taking,
p.(None): - inform healthcare professionals and healthcare professionals about sudden changes in health that occur during treatment,
p.(None): - be considerate and respectful of the privacy and other rights of other patients and of healthcare professionals and healthcare professionals,
p.(None): - respect the published schedules, house rules and prescribed organizational procedures of health care providers,
p.(None): - inform the healthcare provider in good time of any absence for examination or treatment.
p.(None): IV. RESPONSIBILITIES OF THE OMBUDSMAN IN THE FIELD OF PATIENTS 'RIGHTS
p.(None): Article 55
p.(None): (powers of the Ombudsman)
p.(None): Within the framework of his tasks determined by law, the Ombudsman monitors the situation in the exercise of patients' rights and, on this basis, requests the competent
p.(None): bodies, bodies of local communities and holders of public authority to ensure the conditions and conditions for the effective implementation of this Act. The Ombudsman designates one of the following
p.(None): their deputies.
p.(None): V. PROCEDURE WITH A REQUEST TO TREAT A VIOLATION OF THE PATIENT'S RIGHTS
p.(None): 1. First reading of the violation of patients' rights by the healthcare provider
p.(None): Article 56
p.(None): (real-time resolution of misunderstandings and disputes)
p.(None): (1) If the patient directly during medical care expresses dissatisfaction with the provision of medical care or dissatisfaction with the attitude of the healthcare professional or
p.(None): the healthcare professional, attempts are made to resolve the misunderstanding immediately with additional explanations or measures.
...
p.(None): - proof of the submission of the first request, a copy of the first request and a photocopy of any agreement referred to in the fourth paragraph of Article 62 of this Act,
p.(None): - a statement by the patient that no judicial or administrative proceedings are pending,
p.(None): The possible consequences of the alleged violation of patients' rights, and
p.(None): - a possible proposal for resolving the dispute.
p.(None): Article 67
p.(None): (costs of the proceedings before the Commission)
p.(None): (1) In advance, each participant shall bear the costs incurred due to the procedure.
p.(None): (2) If the patient succeeds with his request in full or in part, the health care provider shall bear the entire or proportional part of his costs, except for any costs
p.(None): representation by a proxy who is not a patient rights representative.
p.(None): (3) If the patient fails with his request, he shall cover only his own costs.
p.(None): (4) The costs incurred by the participant through his own fault or by the other participant shall be covered at the request of the opposing participant by the participant who caused these costs.
p.(None): (5) In deciding which costs are to be reimbursed, the Commission shall take into account only those costs which were necessary for the proceedings. About what costs were required and how much,
p.(None): the Commission shall decide after careful consideration of all the circumstances.
p.(None): (6) If the procedure is completed by settlement or other agreement, each participant shall bear its own costs, unless otherwise agreed in the settlement or agreement.
p.(None): (7) The Commission may exempt a patient from all or part of the costs if it finds that he or she cannot pay them without prejudice to the subsistence of himself or his family.
p.(None): (8) No fees shall be paid for applications, actions and decisions in proceedings under this Act.
p.(None): Article 68
p.(None): (access to documentary material)
p.(None): For the purposes of deciding on a specific case under this Act, the Commission may, during the second reading procedure, access the documentary material available to the contractor.
p.(None): health services, including patient medical records.
p.(None): 2.2 Preparatory procedure and preparatory hearing
p.(None): Article 69
p.(None): (preliminary examination of the second request and preparatory hearing)
p.(None): (1) If the President of the Commission finds that the second request is incomprehensible or incomplete, he shall invite the patient to supplement or correct the second request within eight days. If the patient is another
p.(None): does not complete the request within the time limit or does not rectify the irregularity, or if the request is anonymous or late, the President of the Commission shall reject the second request by decision.
p.(None): (2) The President of the Commission shall, within 15 days of receipt of a complete second request:
p.(None): - reject the second request by a decision if the patient has not previously lodged the first request or if the matter is the subject of judicial or administrative proceedings,
p.(None): - refer the matter to the competent authority if the resolution of the second request is not within the competence of the Commission and inform the patient thereof, or
p.(None): - take the matter into consideration and convene a preparatory hearing.
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Health / Physically Disabled
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p.(None): Article 18
p.(None): (specialist outpatient examination)
p.(None): (1) A patient who has been referred by a selected personal physician for a specialist outpatient examination for further medical care or to obtain a more detailed expert opinion,
p.(None): has the right to an inspection within a reasonable time.
p.(None): (2) In addition to diagnostic data, the expert opinion shall also contain a proposal for further treatment.
p.(None): (3) The patient shall receive a written expert opinion at the end of the examination or no later than within three working days after the examination. In urgent cases, a written expert opinion is required
p.(None): inform the patient immediately.
p.(None): 6. Right to information and participation
p.(None): Article 19
p.(None): (method of communication)
p.(None): The patient has the right to be spoken or otherwise communicated with by healthcare professionals and healthcare associates in the Slovene language or in the language of the national community in the areas.
p.(None): local communities, where in addition to Slovene, the official language is also Italian or Hungarian.
p.(None): Article 20
p.(None): (patient information and duty to explain)
p.(None): (1) In order to exercise the right to make independent decisions about treatment and the right to participate in the treatment process, the patient has the right to be informed about:
p.(None): - his state of health and probable development and the consequences of the illness or injury,
p.(None): - the purpose, type, method of implementation, probability of success and expected benefits and outcome of the proposed medical procedure or proposed treatment,
p.(None): - possible risks, side effects, negative consequences and other inconveniences of the proposed medical procedure or proposed treatment, including the consequences
p.(None): his omissions,
p.(None): - any other treatment options,
p.(None): - procedures and methods of treatment that are not available in the Republic of Slovenia or are not rights from compulsory health insurance.
p.(None): (2) The explanations referred to in the preceding paragraph must be explained to the patient by the doctor responsible for the treatment in direct contact, in a considerate manner, in a manner understandable to the patient or in accordance with
p.(None): individual ability to receive information, fully and in a timely manner. For surgery or other medical intervention associated with a higher risk or greater burden, the patient gives
p.(None): understandable oral and written explanations by the doctor who will perform the medical procedure, and if this is not possible, by another doctor who is qualified for such a medical procedure.
p.(None): (3) The patient has the right to prompt and detailed information on the course of treatment and, after the end of the medical procedure or treatment, the right to be informed of the result
p.(None): treatment or possible complications.
p.(None): (4) A patient who is not capable of deciding on himself shall exercise his rights under this Article in accordance with the abilities allowed by his ability to understand.
p.(None): Article 21
p.(None): (patient participation)
p.(None): After obtaining the explanations from the previous article, the patient has the right to actively participate in the choice of the method of treatment.
p.(None): Article 22
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p.(None): (4) The authorization referred to in the preceding paragraph may be revoked by the patient with a written statement at any time, and the patient's medical representative may revoke it at any time with a written statement,
p.(None): except where failure could cause serious health damage to the patient.
p.(None): (5) The personal name, birth and contact details of the patient's health representative shall be accessible to the health care provider via the card information system.
p.(None): health insurance or central health records. It prescribes the procedure for recording and deleting data, storage and the procedure for acquainting oneself with the authorization
p.(None): Minister responsible for health.
p.(None): Article 33
p.(None): (exclusion of persons entitled by law to decide on health care)
p.(None): (1) A patient who is capable of deciding on himself and has reached the age of 18 may, by a written statement, exclude or limit persons who are entitled to decide on his medical care after
p.(None): this law, for cases where he is unable to decide for himself.
p.(None): (2) The statement referred to in the preceding paragraph shall be accessible to the health care provider through the information system of the health insurance card or the central health records.
p.(None): documentation.
p.(None): Article 34
p.(None): (consideration of pre-expressed will)
p.(None): (1) A patient who is capable of making decisions about himself and has reached the age of 18 has the right to have his will taken into account as to what kind of medical care he does not allow if
p.(None): find himself in a position where he would not be able to give valid consent if:
p.(None): - would suffer from a serious illness which, according to the achievements of medical science, would in a short time lead to death even with appropriate medical intervention or medical care and thus
p.(None): treatment does not give hope for a cure or improvement in health or alleviation of suffering, but only prolongs survival,
p.(None): - medical intervention or medical care would prolong his life in a situation where the illness or injury will cause such a severe disability that he will permanently lose his physical or
p.(None): mental ability to take care of himself.
p.(None): (2) The will referred to in the first indent of the preceding paragraph shall be binding on the doctor, and the will referred to in the second indent of the preceding paragraph must be taken into account as a guideline when deciding on treatment.
p.(None): (3) The will expressed in advance must be taken into account when the situation envisaged by the definition occurs and if at the same time there is no reasonable doubt that the patient would revoke the will in these circumstances.
p.(None): (4) The will expressed in advance must be documented on the form referred to in Article 27 of this Act.
p.(None): (5) The selected personal physician and the patient's rights representative shall instruct the patient in detail about the meaning and consequences of his / her decision before declaring a pre-expressed will. Finding
p.(None): the identity of the patient, the findings regarding the fulfillment of the conditions referred to in the first paragraph of this Article, the basic explanations and the signatures of the patient, the chosen personal physician and the representative
p.(None): patients' rights are an integral part of the form referred to in Article 27 of this Act.
p.(None): (6) The written statement referred to in the first paragraph of this Article shall be valid for five years and the patient may revoke it at any time with a written statement, regardless of the ability to decide on himself.
p.(None): (7) The information that the patient has made a statement under this Article shall be accessible to the doctor via the information system of the health insurance card or the central medical records.
...
p.(None): (6) The provisions of the preceding paragraphs shall also apply mutatis mutandis to the consents referred to in the third paragraph of Article 26 of this Act.
p.(None): (7) In the manner specified in this Article, the patient referred to in the first paragraph of this Article shall also exercise other rights referred to in Article 5 of this Act, unless otherwise provided by law.
p.(None): (8) The legal representative and other persons referred to in the fourth paragraph of this Article may not refuse emergency medical assistance to a patient with mental health problems.
p.(None): Article 38
p.(None): (temporary inability to decide for oneself)
p.(None): (1) When the patient is temporarily unable to make decisions about himself, the provisions of the first, fourth, fifth and sixth paragraphs of the previous article shall apply.
p.(None): (2) In the manner specified in this Article, a patient who is temporarily incapable of deciding on himself shall also exercise other rights referred to in Article 5 of this Act, unless the Act provides otherwise.
p.(None): (3) The legal representative and other persons referred to in the fourth paragraph of the previous article may not refuse emergency medical care to a patient who is temporarily incapable of deciding on himself.
p.(None): 10. The right to prevent and alleviate suffering
p.(None): Article 39
p.(None): (prevention and alleviation of suffering)
p.(None): (1) The patient has the right to take all necessary measures without delay to eliminate or, as far as possible, alleviate the pain and other suffering associated with his illness.
p.(None): (2) The patient has the right to prevent unnecessary pain and other suffering related to medical intervention in his health care according to professional standards.
p.(None): (3) A patient in the final stage of the disease and a patient with an incurable disease that causes severe suffering shall have the right to palliative care.
p.(None): 11. Right to a second opinion
p.(None): Article 40
p.(None): (obtaining a second opinion)
p.(None): (1) The patient has the right to obtain a second opinion at any time.
p.(None): (2) The patient has the right to obtain a second opinion within a reasonable time within the network of providers of public health services in the treatment at the secondary and tertiary level.
p.(None): (3) The right referred to in the preceding paragraph may be exercised at most once for the assessment of the same health condition. Before exercising this right, the patient and the doctor treating him must perform
p.(None): a thorough discussion of the reasons, purpose and necessity of obtaining a second opinion, on the basis of which the patient assesses whether he will exercise the right to a second opinion.
p.(None): (4) The patient shall exercise the right referred to in the second paragraph of this Article with the healthcare provider with whom he is being treated. If the healthcare provider is unable to guarantee this right,
p.(None): ensure the exercise of the patient's right to another health care provider within the network of public health service providers to whom he provides the necessary health care
p.(None): documentation.
...
p.(None): (3) The representative is entitled to a reward for his work and reimbursement of actual labor costs. The criteria for determining the amount of the award shall be determined by the minister responsible for health.
p.(None): (4) Professional and administrative technical assistance to the representative shall be provided by the province.
p.(None): (5) The representative shall have office hours in the total amount of at least 12 hours per week, of which at least one third in the afternoon.
p.(None): (6) The territorial jurisdiction of the representative shall be determined according to the permanent or temporary residence of the patient, unless the representative and the patient agree otherwise.
p.(None): Article 52
p.(None): (power of attorney)
p.(None): (1) The representative needs his written authorization to represent the patient.
p.(None): (2) In order to conclude a settlement or other agreement, withdraw a request and inspect medical records, the representative must have an explicit authorization. Authorization to become acquainted with
p.(None): medical records can be limited by the patient to selected data. In such a case, the patient's representative must draw attention to the possible consequences of this restriction.
p.(None): Article 53
p.(None): (manifest unfoundedness of the claim)
p.(None): If the representative considers that the patient's claim is manifestly unfounded, he is not obliged to accept the power of attorney, but must warn the patient in writing of the futility of the procedure and
p.(None): inform him of any other options for asserting the claim.
p.(None): III. PATIENT DUTIES
p.(None): Article 54
p.(None): (patient duties)
p.(None): To achieve quality and safe health care, the patient is obliged to:
p.(None): - take an active part in protecting, strengthening and restoring their own health,
p.(None): - during the illness, act in accordance with the received professional instructions and treatment plans, to which he has consented orally or in writing,
p.(None): - provide the competent doctor and other competent healthcare professionals or healthcare professionals with all necessary and true information regarding their medical
p.(None): conditions known to him and relevant to further medical care, in particular information on his current and past injuries and illnesses and their treatment,
p.(None): family, any allergies and medicines he is taking,
p.(None): - inform healthcare professionals and healthcare professionals about sudden changes in health that occur during treatment,
p.(None): - be considerate and respectful of the privacy and other rights of other patients and of healthcare professionals and healthcare professionals,
p.(None): - respect the published schedules, house rules and prescribed organizational procedures of health care providers,
p.(None): - inform the healthcare provider in good time of any absence for examination or treatment.
p.(None): IV. RESPONSIBILITIES OF THE OMBUDSMAN IN THE FIELD OF PATIENTS 'RIGHTS
p.(None): Article 55
p.(None): (powers of the Ombudsman)
p.(None): Within the framework of his tasks determined by law, the Ombudsman monitors the situation in the exercise of patients' rights and, on this basis, requests the competent
p.(None): bodies, bodies of local communities and holders of public authority to ensure the conditions and conditions for the effective implementation of this Act. The Ombudsman designates one of the following
p.(None): their deputies.
p.(None): V. PROCEDURE WITH A REQUEST TO TREAT A VIOLATION OF THE PATIENT'S RIGHTS
p.(None): 1. First reading of the violation of patients' rights by the healthcare provider
p.(None): Article 56
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p.(None): - respect for physical and mental integrity and safety,
p.(None): - protection of the maximum health benefits for the patient, in particular the child,
p.(None): - respect for privacy,
p.(None): - respect for autonomy in deciding on treatment,
p.(None): - respect for personality and dignity in such a way that no one is socially marked by their state of health and the causes, consequences and circumstances of that state or state of health
p.(None): the care he received as a result.
p.(None): Article 4
p.(None): (exercising and restricting patients' rights)
p.(None): (1) The provisions of this Act are without prejudice to the patient's rights determined by other laws and international treaties binding on the Republic of Slovenia.
p.(None): (2) Patients' rights determined by this Act shall be exercised by all health care providers within the framework of modern medical doctrine, professional standards and norms, and
p.(None): development of the health care system in the Republic of Slovenia.
p.(None): (3) The patient's rights, which are determined by this Act and are at the same time linked to the health insurance system, shall be exercised within the framework of regulations in the field of health insurance.
p.(None): (4) Patients' rights may be restricted by laws in the field of ensuring public safety and public health and when the rights of other persons would be endangered.
p.(None): II. PATIENT RIGHTS
p.(None): Article 5
p.(None): (list of patients' rights)
p.(None): The patient's rights regulated by this law are:
p.(None): - the right to access healthcare and the provision of preventive services,
p.(None): - the right to equal access and treatment in healthcare,
p.(None): - the right to freely choose a doctor and a healthcare provider,
p.(None): - the right to adequate, high-quality and safe healthcare,
p.(None): - the right to respect for the patient's time,
p.(None): - the right to information and participation,
p.(None): - the right to decide independently on treatment,
p.(None): - the right to have one's will expressed in advance,
p.(None): - the right to prevent and alleviate suffering,
p.(None): - the right to a second opinion,
p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
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p.(None): patient is not identified, the first enrollment is considered.
p.(None): (10) The healthcare provider shall ensure telephone ordering and electronic forms of ordering and shall organize the work in such a way that the patient does not wait longer than necessary. The way
p.(None): the healthcare provider publishes the order in a visible place in the waiting room at the primary level and in the specialist outpatient activity or in the usual advertising space in
p.(None): hospitals and on its websites.
p.(None): Article 15
p.(None): (waiting list)
p.(None): (1) In the waiting list of health care providers at the primary, secondary and tertiary level, except for examinations at a selected personal general practitioner and
p.(None): pediatrician (hereinafter: pediatrician), the following data shall be kept separately for each health service:
p.(None): 1. serial number of the entry,
p.(None): 2. date and time of registration,
p.(None): 3. personal name of the patient,
p.(None): 4. address and contact details of the patient,
p.(None): 5. EMSO of the patient,
p.(None): 6. ZZZS number of the insured person,
p.(None): 7. estimated date of performance of the health service,
p.(None): 8. date of performed medical service,
p.(None): 9. code of the program or health service,
p.(None): 10. level of urgency,
p.(None): 11. the provider who placed the patient on the waiting list (code of the healthcare professional, code and other information about the provider),
p.(None): 12. the provider who provided the health service (code of the health worker, code and other information about the provider).
p.(None): (2) The purpose of data processing in the waiting list is to provide patients with information on the order and respect for the order and information on the waiting period or
p.(None): ensure rapid and equal access to health services.
p.(None): (3) The data in the waiting list and the data on the possible change of the order together with the explanation of the circumstances that dictate the change of the order shall be kept for six
p.(None): months after the performed medical service or deletion of data.
p.(None): (4) The patient has the right to know the reasons for the waiting period and its length, as well as the right to inspect, transcribe or copy the waiting list, whereby he can be acquainted only with
p.(None): data referred to in points 1, 2, 6, 7, 8, 9, 10 and 11 of the first paragraph of this Article. The provisions of Article 41 of this Act shall apply to acquaintance under this paragraph, except for the third, fifth,
p.(None): the eighth and ninth paragraphs of that Article. The healthcare provider shall allow the patient to be informed immediately or no later than three working days after receiving the request. The patient can
p.(None): for an individual health service, submit a request to the same health service provider no more than twice a month. The provision of this paragraph is without prejudice to the right of access to
p.(None): own personal data.
p.(None): (5) The maximum permissible waiting periods for individual health services for health service providers in the public health service network and the registration procedure, determination
p.(None): the priority criteria for placing patients on the waiting list and the method of keeping waiting lists shall be determined by the minister responsible for health.
p.(None): Article 16
p.(None): (data communication)
p.(None): (1) The provider of health services in the network of providers of public health services in accordance with the law governing records in health care and the law governing the protection of personal data,
p.(None): data from the first paragraph of the previous article, except for the data from point 4 of the first paragraph of the previous article, is constantly exchanged with the Institute of Public Health of the Republic of Slovenia (in
p.(None): hereinafter: the Institute).
p.(None): (2) The Institute on the basis of data from the central population register, databases maintained by it on the basis of the law governing databases in the field of health care, and
p.(None): data communicated from the previous paragraph to health care providers in the network of public health care providers in accordance with the law governing the protection of personal data,
p.(None): updates patient data and reconciles patient data on multiple waiting lists with different healthcare providers and patients who have been
p.(None): health service already provided.
p.(None): (3) The Health Insurance Institute of Slovenia shall also obtain the data referred to in the preceding paragraph and the data referred to in Article 15 of this Act for the purposes of supervision and financing of programs.
p.(None): Article 17
p.(None): (national waiting list)
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p.(None): medical harm, except where a patient who is capable of making a decision in his or her best medical interest expressly requests that he or she be fully informed of his or her medical condition.
p.(None): Reasons for withholding data shall be documented separately in the medical record.
p.(None): (2) The doctor must comply with the patient's request that information on his health condition not be communicated to him, unless others would be in danger of serious health damage. Request
p.(None): the patient is documented separately in the medical record.
p.(None): Article 23
p.(None): (informing the patient about who is involved in his treatment)
p.(None): (1) The patient has the right to know who is treating him and who is participating in his treatment.
p.(None): (2) In a doctor's office, outpatient clinic or at another place where medical care is provided, a personal name and a professional and possible
p.(None): the scientific title of the healthcare worker or healthcare associate and his / her time availability.
p.(None): (3) A healthcare worker or healthcare associate who has direct contact with a patient shall have a mark in a visible place with the indication of his personal name and professional and
p.(None): possible scientific title and introduce himself to the patient in person.
p.(None): (4) In the premises referred to in the second paragraph of this Article, the name of the legal or osebenatural person with whom the healthcare provider has concluded a contract for
p.(None): provision of laboratory and other services.
p.(None): Article 24
p.(None): (general and dismissal information)
p.(None): (1) Healthcare providers must explain the organizational aspects of treatment to the patient in a way that is understandable to him. The patient must also be informed of the specifics of access to
p.(None): services such as waiting times, waiting times and waiting lists, and the cost of services from the compulsory health insurance scheme.
p.(None): (2) At each healthcare provider, the patient must have access to written information on the content of this Act and general information on the provider and healthcare services provided by
p.(None): offers. Upon admission to inpatient care, the patient must be acquainted with the house rules, accommodation and living arrangements.
p.(None): (3) Upon discharge from a hospital or other institution, the patient has the right to a written report on diagnosis, treatment and nursing care and to instructions for further treatment and treatment.
p.(None): until the first visit to a personal physician, including necessary medications or medical devices.
p.(None): Article 25
p.(None): (acquaintance with costs)
p.(None): (1) If the patient pays for the health service in part or in full, the health care provider shall provide him in advance with written information on the estimated costs of health care.
p.(None): services. After the medical service has been provided, the patient receives an invoice for the medical services provided and the medicines and medical devices used.
p.(None): (2) If the patient does not pay for the health care service himself, the health care provider shall inform him after the provided health care service of the bill specified by individual
p.(None): health services, medicines used and medical devices.
p.(None): (3) At the request of the patient, the health care provider is obliged to explain the bill to the patient.
p.(None): 7. The right to decide independently on treatment
p.(None): 7.1 The right to consent to medical care
p.(None): Article 26
p.(None): (consent)
p.(None): (1) The patient has the right to decide independently on treatment, under the conditions determined by law.
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p.(None): 11. Right to a second opinion
p.(None): Article 40
p.(None): (obtaining a second opinion)
p.(None): (1) The patient has the right to obtain a second opinion at any time.
p.(None): (2) The patient has the right to obtain a second opinion within a reasonable time within the network of providers of public health services in the treatment at the secondary and tertiary level.
p.(None): (3) The right referred to in the preceding paragraph may be exercised at most once for the assessment of the same health condition. Before exercising this right, the patient and the doctor treating him must perform
p.(None): a thorough discussion of the reasons, purpose and necessity of obtaining a second opinion, on the basis of which the patient assesses whether he will exercise the right to a second opinion.
p.(None): (4) The patient shall exercise the right referred to in the second paragraph of this Article with the healthcare provider with whom he is being treated. If the healthcare provider is unable to guarantee this right,
p.(None): ensure the exercise of the patient's right to another health care provider within the network of public health service providers to whom he provides the necessary health care
p.(None): documentation.
p.(None): 12. The right to be acquainted with medical documentation
p.(None): Article 41
p.(None): (method of acquaintance with medical documentation)
p.(None): (1) In the presence of a doctor or other health care professional or health care associate, the patient has the right to unimpeded access and transcription of the health care
p.(None): documentation relating to him. Photocopying or other reproduction of medical records must be provided by the healthcare provider. Authentic reproduction
p.(None): the healthcare provider is obliged to provide pictorial documentation that is not kept in electronic form, if he has the technical means to do so.
p.(None): (2) The patient or his / her representative or another person who has the right to be informed shall be provided with information provided that their identification is ensured and
p.(None): demonstrated legal basis.
p.(None): (3) The healthcare provider must provide the patient with the right referred to in the first paragraph of this Article immediately or no later than five working days after receiving the request. The patient can at the same
p.(None): submit a request to the healthcare provider no more than twice a month.
p.(None): (4) The provider of health services may charge for the exercise of the rights referred to in the first paragraph of this Article the material costs of mapping or other reproduction and mediation in
p.(None): in accordance with the regulations in the field of personal data protection.
p.(None): (5) In addition to the rights referred to in the preceding paragraphs of this Article, the patient has the right to request:
p.(None): - to add his comments to the records in the medical file,
p.(None): - basic oral explanations on the content of medical documentation, except when the patient receives comprehensive explanations on the basis of Article 20 of this Act,
p.(None): - comprehensive oral explanations on the content of medical documentation, if he has not received explanations regarding individual parts of the documentation on the basis of Article 20 of this Act.
p.(None): The healthcare provider must enable him to exercise the right referred to in the first and second indents of this paragraph within the time limit referred to in the third paragraph of this Article, the exercise of the right referred to in the third indent
p.(None): of this paragraph within 15 days of receipt of the request.
p.(None): (6) Persons who are entitled by law or by the patient's authorization to decide on the patient's medical care shall have the right to be acquainted with the patient's medical documentation.
p.(None): under the conditions and in the manner specified in the previous paragraphs of this Article, only when they have the right to decide on the specific medical care of the patient and to the extent necessary for decision-making.
p.(None): (7) For the exercise of the right under this Article, a patient who is capable of deciding on himself may authorize in writing any person who meets the conditions referred to in the second paragraph of Article 32 of this Article.
p.(None): of the law.
p.(None): (8) In exercising the right under this Article, the provisions of the first paragraph of Article 22 of this Act must also be taken into account.
p.(None): (9) Based on the reasonably applicable provisions of the preceding paragraphs of this Article, the patient has the right to independent access to his / her electronic health record and data.
p.(None): in the information system of the health insurance card, if the health system allows it.
p.(None): (10) In case of violation of the provision of this Article, the patient and other entitled persons have the right to file a complaint with the Information Commissioner. For the procedure before the Information
p.(None): In addition to the provisions of the law governing the general administrative procedure, the provisions of Articles 10, 11 and 12 of the Information Commissioner Act (Official
p.(None): list RS, no. 113/05 and 51/07 - ZUstS-A). The healthcare provider is considered to be the first instance body in this procedure. The provisions of this paragraph shall also apply to proceedings under
p.(None): the fifth paragraph of Article 42 and the seventh paragraph of Article 45 of this Act.
p.(None): Article 42
p.(None): (acquaintance with medical documentation after the patient's death)
p.(None): (1) After the patient's death, the persons authorized by law to process the data and the persons for whom the data is authorized have the right to be acquainted with his medical documentation.
p.(None): the patient has previously given explicit consent in writing.
p.(None): (2) After the patient's death, the patient's spouse, common-law partner, same-sex partner, children and
p.(None): adoptees, in the absence of such persons, and the patient's parents. The persons referred to in the previous sentence shall be granted only access to those data which are necessary for the achievement of the lawful purpose of acquaintance.
p.(None): Persons referred to in the first sentence who wish to become acquainted with the medical records created at a time when the deceased patient was unable to make decisions about himself and this condition was uninterrupted
p.(None): continued until his death, they must show a legal interest in obtaining information. Other persons who prove this can also get acquainted with the medical documentation of the deceased patient
p.(None): legal interest by means of an appropriate document, giving them only access to the information necessary to assert their legal interest.
p.(None): (3) The request for acquaintance of the persons referred to in the preceding paragraph shall be rejected in part or in full if so provided by law or if the patient is informed before death in writing or orally in the presence of two
p.(None): witnesses expressly prohibited.
p.(None): (4) Notwithstanding the explicit prohibition of a deceased patient, they have the right to be acquainted with the medical documentation in the part referring to the reasons that may significantly affect the
p.(None): their health, the patient's parents, the patient's descendants up to any knee, the patient's spouse, common-law or same-sex partner, siblings or others
p.(None): persons who have been in a special relationship with a deceased patient and prove this with certainty. Pairing is done through the patient’s chosen personal physician or the physician who was
p.(None): otherwise involved in the treatment process, if not, the doctor is determined by the health care provider who has the patient's medical records.
p.(None): (5) The provider of health services shall decide on the request for information within 15 days of receiving the reasoned request. If the request is rejected in part or in full, the persons referred to in
p.(None): the second and fourth paragraphs of this Article, the right to file a complaint with the Information Commissioner.
p.(None): (6) The patient has the right to appoint persons who, after his death, may become acquainted with his medical documentation, and persons to whom acquaintance with his medical documentation
p.(None): prohibits documentation. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act. Prohibition or designation of persons may be recorded
...
p.(None): they have the right to consent to medical intervention or medical care if the patient is unable to make decisions about himself. After the patient's death, his immediate family members may give their consent,
p.(None): unless the patient has prohibited this in writing.
p.(None): (5) Notwithstanding the provision of the preceding paragraph, the use of the patient's medical and other personal data outside the procedures of medical care may be determined by law.
p.(None): (6) Consent to the use and other processing of personal data pursuant to the third and fourth paragraphs of this Article is not required:
p.(None): - if, for the purposes of epidemiological and other research, education, medical publications or other purposes, the patient's identity cannot be established,
p.(None): - if, for the purposes of monitoring the quality and safety of healthcare, the patient's identity is not identifiable,
p.(None): - where the declaration of a medical condition is required by law,
p.(None): - where, due to treatment needs, the data are passed on to another healthcare provider,
p.(None): - when provided for by another law.
p.(None): (7) Personal data processed in accordance with the third, fourth and fifth paragraphs of this Article must be relevant and appropriate in scope with regard to the purposes for which they are collected and
p.(None): further processed.
p.(None): (8) The patient has the right to designate persons who may be acquainted with his medical documentation and persons to whom access to his medical documentation is prohibited,
p.(None): if this is not contrary to law. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act.
p.(None): Article 45
p.(None): (protection of professional secrecy)
p.(None): (1) Healthcare professionals and healthcare associates, as well as persons to whom data are available due to the nature of their work, shall be obliged to protect, as a professional secret, everything that
p.(None): information about the patient, in particular information about his or her state of health, his or her personal, family and social situation, and information
p.(None): identification, treatment and monitoring of disease or injury (hereinafter: health information).
p.(None): (2) The duties of protecting information on the patient's health condition may be performed by a healthcare professional or healthcare associate or another person to whom this information is available due to
p.(None): nature of their work, resolve:
p.(None): - patient,
p.(None): - parents or guardian of a child before the age of 15,
p.(None): - parents or guardian for a child after reaching the age of 15, if the information is necessary for the exercise of parental rights or guardianship, and the child is not notified
p.(None): forbade
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p.(None): - informally intervenes with healthcare providers with a view to resolving infringements quickly,
p.(None): - when there is no violation of rights under this Act, the patient is referred to a competent legal or natural person or a competent state authority,
p.(None): - within the scope of the patient's authorization, lodges legal remedies under this Act and makes proposals, explanations and other statements on behalf of and for the benefit of the patient for the prompt and successful resolution of the dispute.
p.(None): (2) The representative shall provide the patient with basic information, offer professional assistance and give concrete guidelines in the exercise of rights in the field of health care, health care
p.(None): insurance and health care.
p.(None): (3) In addition to the tasks referred to in the preceding paragraphs, the representative shall take care of the promotion of patients' rights and their exercise in the healthcare system. In doing so, you can perform
p.(None): advises and proposes measures for the effective implementation of the provisions of this Act.
p.(None): (4) The representative may at any time address to healthcare providers proposals, opinions, criticisms or recommendations that they are obliged to consider and respond to them within the time limit set by the
p.(None): representative.
p.(None): (5) The representative shall set a deadline within which the healthcare provider shall send him the required explanations and information on the alleged violations. This period may not be less than 8 days. If the contractor
p.(None): fails to send explanations or information to the representative within the required time limit, he shall without delay inform him of the reasons for which he did not grant his request.
p.(None): (6) The healthcare provider must provide the agent with access to all the information necessary for his work in relation to the matter under consideration, no later than five days from
p.(None): receiving requests. The representative can get acquainted with the patient's medical records on the basis of his written consent.
p.(None): (7) The representative may suspend further activities if he finds that the matter has been resolved in another way, if the patient unjustifiably does not participate in the procedure or it is evident from his actions,
p.(None): that he shows no interest in continuing the proceedings.
p.(None): (8) On the basis of the patient's authorization, the representative may propose to the healthcare provider the manner in which the identified irregularity should be remedied. In doing so, he may propose a refund
p.(None): damage or suggests another way to remedy the irregularity caused to the patient.
p.(None): (9) Representatives shall cooperate with each other and provide each other with the necessary assistance in carrying out their tasks.
p.(None): (10) The work of a representative is free and confidential for the patient.
p.(None): Article 50
p.(None): (appointment of a representative)
p.(None): (1) The representative shall perform his work on a non-professional basis. In his work he is independent and autonomous, in his work he acts honorably, honestly and in good faith.
p.(None): (2) Each province shall appoint one representative. Notwithstanding the preceding provision, a province having a population of between 300,000 and 450,000, two representatives and
p.(None): a province with over 450,000 inhabitants, three representatives.
...
p.(None): - a statement by the patient that no judicial or administrative proceedings are pending,
p.(None): The possible consequences of the alleged violation of patients' rights, and
p.(None): - a possible proposal for resolving the dispute.
p.(None): Article 67
p.(None): (costs of the proceedings before the Commission)
p.(None): (1) In advance, each participant shall bear the costs incurred due to the procedure.
p.(None): (2) If the patient succeeds with his request in full or in part, the health care provider shall bear the entire or proportional part of his costs, except for any costs
p.(None): representation by a proxy who is not a patient rights representative.
p.(None): (3) If the patient fails with his request, he shall cover only his own costs.
p.(None): (4) The costs incurred by the participant through his own fault or by the other participant shall be covered at the request of the opposing participant by the participant who caused these costs.
p.(None): (5) In deciding which costs are to be reimbursed, the Commission shall take into account only those costs which were necessary for the proceedings. About what costs were required and how much,
p.(None): the Commission shall decide after careful consideration of all the circumstances.
p.(None): (6) If the procedure is completed by settlement or other agreement, each participant shall bear its own costs, unless otherwise agreed in the settlement or agreement.
p.(None): (7) The Commission may exempt a patient from all or part of the costs if it finds that he or she cannot pay them without prejudice to the subsistence of himself or his family.
p.(None): (8) No fees shall be paid for applications, actions and decisions in proceedings under this Act.
p.(None): Article 68
p.(None): (access to documentary material)
p.(None): For the purposes of deciding on a specific case under this Act, the Commission may, during the second reading procedure, access the documentary material available to the contractor.
p.(None): health services, including patient medical records.
p.(None): 2.2 Preparatory procedure and preparatory hearing
p.(None): Article 69
p.(None): (preliminary examination of the second request and preparatory hearing)
p.(None): (1) If the President of the Commission finds that the second request is incomprehensible or incomplete, he shall invite the patient to supplement or correct the second request within eight days. If the patient is another
p.(None): does not complete the request within the time limit or does not rectify the irregularity, or if the request is anonymous or late, the President of the Commission shall reject the second request by decision.
p.(None): (2) The President of the Commission shall, within 15 days of receipt of a complete second request:
p.(None): - reject the second request by a decision if the patient has not previously lodged the first request or if the matter is the subject of judicial or administrative proceedings,
p.(None): - refer the matter to the competent authority if the resolution of the second request is not within the competence of the Commission and inform the patient thereof, or
p.(None): - take the matter into consideration and convene a preparatory hearing.
p.(None): (3) The President of the Commission shall invite to a preparatory hearing the patient, his legal representative and the healthcare provider against whom a second request has been made,
p.(None): appoint a member of the Commission who conducts the preparatory hearing and is an expert in the field of law and meets the conditions for conducting administrative proceedings in accordance with the law governing general administrative proceedings.
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p.(None): concession, or a healthcare professional who independently performs a healthcare activity without a concession, if he performs a medical procedure or other actions in the procedures of treatment and rehabilitation
p.(None): without the consent of the patient (second paragraph of Article 26 of this Act).
p.(None): (2) A fine of 100 to 2,000 euros shall be imposed on the responsible person of a legal person for the misdemeanor referred to in the preceding paragraph.
p.(None): Article 87
p.(None): (other infringements)
p.(None): (1) A fine of 400 to 4,100 euros shall be imposed on a legal person performing a medical activity for a misdemeanor:
p.(None): - if he does not keep waiting lists in accordance with the third paragraph of Article 14 of this Act,
p.(None): - if he does not invite a patient who is entered in several waiting lists to declare himself in accordance with the ninth paragraph of Article 14 of this Act,
p.(None): - if it does not comply with the retention period referred to in the third paragraph of Article 15 of this Act,
p.(None): - if he does not exchange information in accordance with the first paragraph of Article 16 of this Act,
p.(None): - if he does not give explanations to the patient in accordance with the first paragraph of Article 20 and Article 25 of this Act,
p.(None): - if, in the event of an established or reported case of unauthorized processing of personal data, it does not take action in accordance with Article 46 of this Act,
p.(None): - if he does not respond to the request of the representative referred to in the fourth paragraph of Article 49 of this Act,
p.(None): - if he does not send the required explanations and information referred to in the fifth paragraph of Article 49 of this Act to the representative,
p.(None): - if it does not allow the agent access to data in accordance with the sixth paragraph of Article 49 of this Act,
p.(None): - if he does not publish the data in accordance with Article 58 of this Act,
p.(None): - if he fails to carry out the procedure of the first hearing of the violation of patients' rights with the healthcare provider in accordance with Articles 56 to 63 of this Act,
p.(None): - if he does not attend the preparatory hearing in accordance with the sixth paragraph of Article 69 of this Act,
p.(None): - if he fails to carry out internal expert supervision in accordance with Article 77 of this Act or fails to carry out the measures imposed on him by a decision of the Senate in accordance with Article 78 of this Act.
p.(None): (2) A fine of 400 to 2,100 euros shall be imposed on a healthcare worker performing a healthcare activity on the basis of a concession or a healthcare worker for the misdemeanor referred to in the preceding paragraph,
p.(None): who independently performs a medical activity without a concession.
p.(None): (3) A fine of 100 to 1,000 euros shall be imposed on the responsible person of a legal person for the misdemeanor referred to in the first paragraph of this Article.
p.(None): VIII. TRANSITIONAL AND FINAL PROVISIONS
p.(None): Article 88
p.(None): (deadline for compliance with the law)
p.(None): Healthcare providers must harmonize their operations with the provisions of this Act within six months of its entry into force.
p.(None): Article 89
p.(None): (performing the duties of an agent)
p.(None): (1) Until the appointment of representatives in accordance with Article 50 of this Act, the representatives shall be appointed and dismissed by the Government of the Republic of Slovenia. A person may be appointed as a representative
p.(None): meets the conditions referred to in the sixth and eighth paragraphs of Article 50 of this Act.
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Social / Age
Searching for indicator age:
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p.(None): 7. A public health institution is a health center, pharmacy, hospital and other form of health organization in accordance with the laws governing health and pharmacy activities.
p.(None): 8. A council is a consultation of two or more doctors, with the same or another health care provider, regarding the diagnosis and other aspects of treatment or medical care.
p.(None): individual patient.
p.(None): 9. Mediation is a form of alternative dispute resolution with the help of one or two independent and impartial experts who cannot issue a binding decision but with their own
p.(None): by acting in an informal procedure, they help the participants to reach an agreement that resolves the dispute or newly regulates mutual relations.
p.(None): 10. Medical intervention is any treatment that has a preventive, diagnostic, therapeutic or rehabilitation purpose and is performed by a doctor, other healthcare professional or a healthcare professional.
p.(None): collaborator.
p.(None): 11. The network of public health service providers are all public and private health service providers who, on the basis of the founding act or concession and the contract with the Institute for
p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
p.(None): 13. Vulnerable groups are those social groups to which additional attention and care is given in health care for health or social reasons.
p.(None): 14. A child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity.
p.(None): 15. The patient's immediate family members are the spouse, common-law partner, same-sex partner, parents, adoptive parents, grandparents, children or adopted children, grandchildren and siblings.
p.(None): 16. A patient is a patient or other user of health services in relation to health care workers and health care associates or health care providers, regardless of
p.(None): your health condition.
p.(None): 17. Reasonable time is time not exceeding a period acceptable from the point of view of an objective medical assessment of the patient's clinical needs in the light of his medical condition, medical history,
p.(None): the likely development of the disease, the degree of pain or the nature of the disability at the time the right is exercised.
p.(None): 18. Serious health damage is a severe deterioration in the patient's physical or mental health that jeopardizes the expected favorable treatment outcomes.
p.(None): 19. The ability to decide on oneself is the patient's ability to independently exercise the rights under this Act, in particular to decide on the implementation of a medical procedure or medical
p.(None): care. A patient is able to make decisions about himself if he is able to understand the meaning and consequences of exercising according to age, maturity, medical condition or other personal circumstances.
p.(None): rights under this Act, in particular the consent, refusal or revocation of the refusal of a medical procedure or medical care.
p.(None): 20. A professional standard is a recommendation adopted by the competent professional body of an individual health profession in order to achieve the optimal level of regulation in a certain field.
p.(None): 21. Medical activity is an activity determined by a special law.
p.(None): 22. Medical care is medical and other interventions for disease prevention and health promotion, diagnostics, therapy, rehabilitation and nursing care and other services or
p.(None): procedures performed by healthcare providers in treating a patient.
p.(None): 23. Health services are services provided by healthcare professionals and healthcare professionals as part of the activities of healthcare providers for patients.
p.(None): 24. Healthcare professionals and healthcare associates are all those who provide medical or pharmacy services, as stipulated by the laws governing healthcare and pharmacy activities.
p.(None): Article 3
p.(None): (principles)
p.(None): In exercising the rights of patients under this Act, the following principles shall be observed in particular:
p.(None): - respect for everyone as a human being and respect for his or her moral, cultural, religious, philosophical and other personal beliefs,
p.(None): - respect for physical and mental integrity and safety,
p.(None): - protection of the maximum health benefits for the patient, in particular the child,
p.(None): - respect for privacy,
...
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
p.(None): (4) Children have the right to permanent accompaniment of one of the parents or another person caring for the child during inpatient and other medical care, unless reasons are given,
p.(None): which would not be in the best interests of the child.
p.(None): (5) In the case of inpatient medical care for children, the right referred to in the preceding paragraph shall also be provided in the form of accommodation of one of the parents or another person caring for the child, in accordance with
p.(None): with regulations in the field of health insurance.
p.(None): (6) If the right to accommodation of one of the parents or another person caring for a child is not a right from health insurance, the providers of health services shall provide compensation
p.(None): accommodation at the request of one of the parents or another person caring for the child. In this case, the health care provider in the network of public health care providers may only charge
p.(None): material costs of accommodation, the amount of which is prescribed by the Minister (hereinafter: the Minister) responsible for health.
p.(None): (7) If the healthcare provider is unable to ensure the right referred to in the preceding paragraph due to limited space capacity, priority shall be given to accommodation of one of the parents or
p.(None): the other person caring for the child assesses the existence of special needs according to the age of the child, the local distance from the residence of the child or parents or another person caring for the child
p.(None): the child and his state of health.
p.(None): 3. The right to freely choose a doctor and a healthcare provider
p.(None): Article 9
p.(None): (free choice)
p.(None): (1) The patient has the right to freely choose the doctor and the healthcare provider to whom he will entrust his treatment.
p.(None): (2) Notwithstanding the provision of the preceding paragraph, the patient in the network of public health service providers has the right to freely choose a doctor and a health service provider in accordance with
p.(None): regulations in the field of health insurance.
p.(None): Article 10
p.(None): (exception to free choice)
p.(None): The doctor and the healthcare provider chosen by the patient may, provided that there is no emergency medical care, refuse the patient's choice only in specially justified
p.(None): cases where treatment is expected to be less successful or impossible or where provided by law. He must suggest to the patient the choice of another doctor and provider
p.(None): health services and explain the reasons for refusal in writing within eight days of the patient's choice.
p.(None): 4. The right to adequate, quality and safe health care
p.(None): Article 11
p.(None): (appropriate, quality and safe health care)
p.(None): (1) The patient has the right to adequate, quality and safe medical care in accordance with medical doctrine.
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p.(None): the health of others.
p.(None): (2) If the doctor treating the patient assesses that the patient's decision is contrary to his best medical benefit and the refusal could endanger his life or cause
p.(None): irreversible and severe deterioration of his health, he must try to persuade the patient and, if necessary, ask the patient's immediate family members for help.
p.(None): or suggest that the patient obtain a second opinion.
p.(None): (3) The refusal of a medical procedure or medical care may not have consequences in the attitude of healthcare professionals or healthcare associates towards the patient.
p.(None): (4) For operative or other medical interventions related to a greater risk or greater burden, the refusal shall be documented on the form referred to in Article 27 of this Act.
p.(None): Article 31
p.(None): (revocation of consent or refusal)
p.(None): (1) The patient has the right to revoke the consent to medical intervention or medical care at any time under the conditions referred to in the first paragraph of the previous article.
p.(None): (2) The patient has the right to revoke the refusal of medical intervention or medical care at any time under the conditions referred to in Article 26 of this Act.
p.(None): 8. The right to have one's will expressed in advance
p.(None): Article 32
p.(None): (patient's medical representative)
p.(None): (1) A patient who is capable of deciding on himself and has reached the age of 18 may appoint a person who, in the event and for the time of his inability to decide on himself, will decide on his
p.(None): health care and other rights under this Act (hereinafter: the patient's medical representative).
p.(None): (2) The patient's medical representative may be a person who is capable of making decisions about himself and who has reached 18 years of age. The patient's medical representative has the right to be informed
p.(None): with the patient's medical records and his medical condition, and explanations that are important for deciding on medical care.
p.(None): (3) The patient shall appoint a medical representative with a written authorization, on which the patient's signature must be certified. In the authorization, the patient can set out instructions and guidelines regarding
p.(None): his medical care and any restrictions on the right to be informed of medical records and his medical condition.
p.(None): (4) The authorization referred to in the preceding paragraph may be revoked by the patient with a written statement at any time, and the patient's medical representative may revoke it at any time with a written statement,
p.(None): except where failure could cause serious health damage to the patient.
p.(None): (5) The personal name, birth and contact details of the patient's health representative shall be accessible to the health care provider via the card information system.
p.(None): health insurance or central health records. It prescribes the procedure for recording and deleting data, storage and the procedure for acquainting oneself with the authorization
p.(None): Minister responsible for health.
p.(None): Article 33
p.(None): (exclusion of persons entitled by law to decide on health care)
p.(None): (1) A patient who is capable of deciding on himself and has reached the age of 18 may, by a written statement, exclude or limit persons who are entitled to decide on his medical care after
p.(None): this law, for cases where he is unable to decide for himself.
p.(None): (2) The statement referred to in the preceding paragraph shall be accessible to the health care provider through the information system of the health insurance card or the central health records.
p.(None): documentation.
p.(None): Article 34
p.(None): (consideration of pre-expressed will)
p.(None): (1) A patient who is capable of making decisions about himself and has reached the age of 18 has the right to have his will taken into account as to what kind of medical care he does not allow if
p.(None): find himself in a position where he would not be able to give valid consent if:
p.(None): - would suffer from a serious illness which, according to the achievements of medical science, would in a short time lead to death even with appropriate medical intervention or medical care and thus
p.(None): treatment does not give hope for a cure or improvement in health or alleviation of suffering, but only prolongs survival,
p.(None): - medical intervention or medical care would prolong his life in a situation where the illness or injury will cause such a severe disability that he will permanently lose his physical or
p.(None): mental ability to take care of himself.
p.(None): (2) The will referred to in the first indent of the preceding paragraph shall be binding on the doctor, and the will referred to in the second indent of the preceding paragraph must be taken into account as a guideline when deciding on treatment.
p.(None): (3) The will expressed in advance must be taken into account when the situation envisaged by the definition occurs and if at the same time there is no reasonable doubt that the patient would revoke the will in these circumstances.
p.(None): (4) The will expressed in advance must be documented on the form referred to in Article 27 of this Act.
p.(None): (5) The selected personal physician and the patient's rights representative shall instruct the patient in detail about the meaning and consequences of his / her decision before declaring a pre-expressed will. Finding
p.(None): the identity of the patient, the findings regarding the fulfillment of the conditions referred to in the first paragraph of this Article, the basic explanations and the signatures of the patient, the chosen personal physician and the representative
p.(None): patients' rights are an integral part of the form referred to in Article 27 of this Act.
p.(None): (6) The written statement referred to in the first paragraph of this Article shall be valid for five years and the patient may revoke it at any time with a written statement, regardless of the ability to decide on himself.
p.(None): (7) The information that the patient has made a statement under this Article shall be accessible to the doctor via the information system of the health insurance card or the central medical records.
p.(None): documentation. The procedure for recording and deleting data, storage and the procedure for acquainting oneself with the statement shall be prescribed by the minister responsible for health.
p.(None): 9. A special way of exercising the rights of patients who are not capable of making decisions about themselves
p.(None): Article 35
p.(None): (children)
p.(None): (1) When a child is unable to consent to a medical procedure or medical care, this may be performed only if his or her parents or guardian (in
p.(None): hereinafter: the administrator). The same applies to special types of consent referred to in the third paragraph of Article 26 of this Act, unless otherwise provided by law.
p.(None): (2) A child up to the age of 15 shall be deemed incapable of consent, unless the doctor, in view of the child's maturity, assesses that he is capable of doing so, taking into account the circumstances
p.(None): ability to make decisions about oneself, usually consults with parents or guardians. A child who has reached the age of 15 is considered to be capable of consent, unless the doctor
p.(None): assesses the child's maturity that he is not capable of doing so, and as a rule he consults with the parents or guardian regarding the circumstances that speak about the ability to decide about himself.
p.(None): (3) The parents shall, as a rule, decide on the consent referred to in this Article by agreement.
p.(None): (4) For an operative or other medical procedure related to a higher risk or higher load, or a medical procedure that may have significant consequences for the child,
p.(None): requires the consent of both parents, except when:
p.(None): - one of the parents is unknown or has an unknown residence,
p.(None): - one of the parents is deprived of parental rights,
p.(None): - one of the parents is unable to give an opinion in time due to the temporary suspension of the opinion without the risk of serious health damage to the child,
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p.(None): its significance and consequences.
p.(None): (9) In the manner specified in the preceding paragraphs, the child shall also exercise other rights referred to in Article 5 of this Act, unless this Act provides otherwise.
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
p.(None): Emergency medical care can also be provided when it is refused by a parent or guardian.
p.(None): Article 37
p.(None): (patients with mental health problems)
p.(None): (1) When a patient is unable to consent to a medical procedure due to mental health problems or another cause that affects the ability to judge, this may be performed only if he is
p.(None): authorized by the legal representative.
p.(None): (2) If the patient referred to in the preceding paragraph does not have a legal representative, the healthcare provider shall inform the competent authority for the commencement of the procedure for the appointment of a legal representative.
p.(None): (3) If the doctor finds that the legal representative does not decide in the best medical interest of the patient, he shall inform the body that appointed the legal representative in order to ensure adequate
p.(None): representation.
p.(None): (4) As long as the patient referred to in the first paragraph of this Article has not been appointed a legal representative, consent to medical intervention or medical care may be given by persons who are capable of
p.(None): self-determination and have reached the age of 18 in the following exclusive order:
p.(None): - the patient's spouse, common-law or same-sex partner,
p.(None): - the patient's children or adopted children,
p.(None): - the patient's parents or adoptive parents,
p.(None): - the patient's siblings,
p.(None): - the patient's grandparents,
p.(None): - the patient's grandchildren.
p.(None): (5) If the persons referred to in an individual indent of the preceding paragraph do not reach an agreement on the performance of a medical procedure or medical care, the doctor treating him shall decide thereon.
p.(None): taking into account the opinions given and the patient’s greatest health benefit.
p.(None): (6) The provisions of the preceding paragraphs shall also apply mutatis mutandis to the consents referred to in the third paragraph of Article 26 of this Act.
p.(None): (7) In the manner specified in this Article, the patient referred to in the first paragraph of this Article shall also exercise other rights referred to in Article 5 of this Act, unless otherwise provided by law.
p.(None): (8) The legal representative and other persons referred to in the fourth paragraph of this Article may not refuse emergency medical assistance to a patient with mental health problems.
p.(None): Article 38
p.(None): (temporary inability to decide for oneself)
p.(None): (1) When the patient is temporarily unable to make decisions about himself, the provisions of the first, fourth, fifth and sixth paragraphs of the previous article shall apply.
...
p.(None): - when provided for by another law.
p.(None): (7) Personal data processed in accordance with the third, fourth and fifth paragraphs of this Article must be relevant and appropriate in scope with regard to the purposes for which they are collected and
p.(None): further processed.
p.(None): (8) The patient has the right to designate persons who may be acquainted with his medical documentation and persons to whom access to his medical documentation is prohibited,
p.(None): if this is not contrary to law. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act.
p.(None): Article 45
p.(None): (protection of professional secrecy)
p.(None): (1) Healthcare professionals and healthcare associates, as well as persons to whom data are available due to the nature of their work, shall be obliged to protect, as a professional secret, everything that
p.(None): information about the patient, in particular information about his or her state of health, his or her personal, family and social situation, and information
p.(None): identification, treatment and monitoring of disease or injury (hereinafter: health information).
p.(None): (2) The duties of protecting information on the patient's health condition may be performed by a healthcare professional or healthcare associate or another person to whom this information is available due to
p.(None): nature of their work, resolve:
p.(None): - patient,
p.(None): - parents or guardian of a child before the age of 15,
p.(None): - parents or guardian for a child after reaching the age of 15, if the information is necessary for the exercise of parental rights or guardianship, and the child is not notified
p.(None): forbade
p.(None): - a person who had the right to consent to medical intervention or medical care, if the patient was not able to make decisions about himself, but only with regard to information about medical care
p.(None): condition related to the medical procedure or medical care to which she has consented,
p.(None): - the court,
p.(None): - other persons, when so provided by law.
p.(None): (3) The doctor may communicate information on the patient's state of health if this is strictly necessary to protect life or prevent serious deterioration of the health of other persons.
p.(None): The doctor must report the suspicion of committing a crime against life and body, a crime against sexual integrity and a crime against marriage, family and
p.(None): youth in which a child was involved as the victim.
p.(None): (4) A patient who has reached the age of 15 has the right to determine in writing on the form referred to in Article 27 of this Act or orally in the presence of two adult witnesses to whom, when and which
p.(None): information on his medical condition may, must or may not be communicated by a doctor or another person authorized by the doctor, unless otherwise provided by law. The same goes for
p.(None): communication of information on the state of health relating to the medical procedure or medical care to which the patient up to the age of 15 was able to consent independently.
p.(None): A statement may be made for an individual medical procedure or medical care or for all future medical procedures or future medical care in an individual
p.(None): healthcare provider.
p.(None): (5) If a patient does not exercise the right under the preceding paragraph or is unable to do so due to his / her health condition, information on his / her health condition may be communicated.
p.(None): persons referred to in the second paragraph of this Article, his immediate family members, close persons and persons who have been in connection with a specific medical procedure or medical
p.(None): care entitled to give consent if the patient was unable to make decisions about himself.
p.(None): (6) In the case referred to in Article 22 of this Act, the persons referred to in the preceding paragraphs of this Article shall not have the right to obtain more information than the patient would have obtained, unless the patient has determined otherwise.
p.(None): (7) The provider of health services shall decide on the request for information on the basis of the second and fifth paragraphs of this Article within five days of receiving the request. If required in part or in full
p.(None): refuses, the entitled persons have the right to lodge a complaint with the Information Commissioner in the case of information derived from medical records.
p.(None): (8) The second, third, fourth, fifth and seventh paragraphs of this Article shall also apply to the transmission of medical documentation.
p.(None): (9) Notwithstanding his ban on the communication of health information, the healthcare provider shall inform the immediate family members in an appropriate manner
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Social / Child
Searching for indicator child:
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p.(None): 6. Healthcare providers are natural or legal persons governed by public or private law who provide healthcare services.
p.(None): 7. A public health institution is a health center, pharmacy, hospital and other form of health organization in accordance with the laws governing health and pharmacy activities.
p.(None): 8. A council is a consultation of two or more doctors, with the same or another health care provider, regarding the diagnosis and other aspects of treatment or medical care.
p.(None): individual patient.
p.(None): 9. Mediation is a form of alternative dispute resolution with the help of one or two independent and impartial experts who cannot issue a binding decision but with their own
p.(None): by acting in an informal procedure, they help the participants to reach an agreement that resolves the dispute or newly regulates mutual relations.
p.(None): 10. Medical intervention is any treatment that has a preventive, diagnostic, therapeutic or rehabilitation purpose and is performed by a doctor, other healthcare professional or a healthcare professional.
p.(None): collaborator.
p.(None): 11. The network of public health service providers are all public and private health service providers who, on the basis of the founding act or concession and the contract with the Institute for
p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
p.(None): 13. Vulnerable groups are those social groups to which additional attention and care is given in health care for health or social reasons.
p.(None): 14. A child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity.
p.(None): 15. The patient's immediate family members are the spouse, common-law partner, same-sex partner, parents, adoptive parents, grandparents, children or adopted children, grandchildren and siblings.
p.(None): 16. A patient is a patient or other user of health services in relation to health care workers and health care associates or health care providers, regardless of
p.(None): your health condition.
p.(None): 17. Reasonable time is time not exceeding a period acceptable from the point of view of an objective medical assessment of the patient's clinical needs in the light of his medical condition, medical history,
p.(None): the likely development of the disease, the degree of pain or the nature of the disability at the time the right is exercised.
p.(None): 18. Serious health damage is a severe deterioration in the patient's physical or mental health that jeopardizes the expected favorable treatment outcomes.
p.(None): 19. The ability to decide on oneself is the patient's ability to independently exercise the rights under this Act, in particular to decide on the implementation of a medical procedure or medical
p.(None): care. A patient is able to make decisions about himself if he is able to understand the meaning and consequences of exercising according to age, maturity, medical condition or other personal circumstances.
p.(None): rights under this Act, in particular the consent, refusal or revocation of the refusal of a medical procedure or medical care.
p.(None): 20. A professional standard is a recommendation adopted by the competent professional body of an individual health profession in order to achieve the optimal level of regulation in a certain field.
p.(None): 21. Medical activity is an activity determined by a special law.
p.(None): 22. Medical care is medical and other interventions for disease prevention and health promotion, diagnostics, therapy, rehabilitation and nursing care and other services or
p.(None): procedures performed by healthcare providers in treating a patient.
p.(None): 23. Health services are services provided by healthcare professionals and healthcare professionals as part of the activities of healthcare providers for patients.
p.(None): 24. Healthcare professionals and healthcare associates are all those who provide medical or pharmacy services, as stipulated by the laws governing healthcare and pharmacy activities.
p.(None): Article 3
p.(None): (principles)
p.(None): In exercising the rights of patients under this Act, the following principles shall be observed in particular:
p.(None): - respect for everyone as a human being and respect for his or her moral, cultural, religious, philosophical and other personal beliefs,
p.(None): - respect for physical and mental integrity and safety,
p.(None): - protection of the maximum health benefits for the patient, in particular the child,
p.(None): - respect for privacy,
p.(None): - respect for autonomy in deciding on treatment,
p.(None): - respect for personality and dignity in such a way that no one is socially marked by their state of health and the causes, consequences and circumstances of that state or state of health
p.(None): the care he received as a result.
p.(None): Article 4
p.(None): (exercising and restricting patients' rights)
p.(None): (1) The provisions of this Act are without prejudice to the patient's rights determined by other laws and international treaties binding on the Republic of Slovenia.
p.(None): (2) Patients' rights determined by this Act shall be exercised by all health care providers within the framework of modern medical doctrine, professional standards and norms, and
p.(None): development of the health care system in the Republic of Slovenia.
p.(None): (3) The patient's rights, which are determined by this Act and are at the same time linked to the health insurance system, shall be exercised within the framework of regulations in the field of health insurance.
p.(None): (4) Patients' rights may be restricted by laws in the field of ensuring public safety and public health and when the rights of other persons would be endangered.
p.(None): II. PATIENT RIGHTS
p.(None): Article 5
p.(None): (list of patients' rights)
p.(None): The patient's rights regulated by this law are:
p.(None): - the right to access healthcare and the provision of preventive services,
p.(None): - the right to equal access and treatment in healthcare,
p.(None): - the right to freely choose a doctor and a healthcare provider,
p.(None): - the right to adequate, high-quality and safe healthcare,
...
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
p.(None): (4) Children have the right to permanent accompaniment of one of the parents or another person caring for the child during inpatient and other medical care, unless reasons are given,
p.(None): which would not be in the best interests of the child.
p.(None): (5) In the case of inpatient medical care for children, the right referred to in the preceding paragraph shall also be provided in the form of accommodation of one of the parents or another person caring for the child, in accordance with
p.(None): with regulations in the field of health insurance.
p.(None): (6) If the right to accommodation of one of the parents or another person caring for a child is not a right from health insurance, the providers of health services shall provide compensation
p.(None): accommodation at the request of one of the parents or another person caring for the child. In this case, the health care provider in the network of public health care providers may only charge
p.(None): material costs of accommodation, the amount of which is prescribed by the Minister (hereinafter: the Minister) responsible for health.
p.(None): (7) If the healthcare provider is unable to ensure the right referred to in the preceding paragraph due to limited space capacity, priority shall be given to accommodation of one of the parents or
p.(None): the other person caring for the child assesses the existence of special needs according to the age of the child, the local distance from the residence of the child or parents or another person caring for the child
p.(None): the child and his state of health.
p.(None): 3. The right to freely choose a doctor and a healthcare provider
p.(None): Article 9
p.(None): (free choice)
p.(None): (1) The patient has the right to freely choose the doctor and the healthcare provider to whom he will entrust his treatment.
p.(None): (2) Notwithstanding the provision of the preceding paragraph, the patient in the network of public health service providers has the right to freely choose a doctor and a health service provider in accordance with
p.(None): regulations in the field of health insurance.
p.(None): Article 10
p.(None): (exception to free choice)
p.(None): The doctor and the healthcare provider chosen by the patient may, provided that there is no emergency medical care, refuse the patient's choice only in specially justified
p.(None): cases where treatment is expected to be less successful or impossible or where provided by law. He must suggest to the patient the choice of another doctor and provider
p.(None): health services and explain the reasons for refusal in writing within eight days of the patient's choice.
p.(None): 4. The right to adequate, quality and safe health care
p.(None): Article 11
p.(None): (appropriate, quality and safe health care)
p.(None): (1) The patient has the right to adequate, quality and safe medical care in accordance with medical doctrine.
p.(None): (2) Appropriate medical care is that which is in accordance with the patient's needs and the capabilities of the health care system in the Republic of Slovenia and is based on simple, transparent and
p.(None): friendly administrative procedures and establishes a relationship of cooperation and trust with the patient.
p.(None): (3) Quality healthcare is that which consistently achieves treatment outcomes comparable to standards or best practices, taking into account fundamental principles of quality, such as
...
p.(None): (3) The will expressed in advance must be taken into account when the situation envisaged by the definition occurs and if at the same time there is no reasonable doubt that the patient would revoke the will in these circumstances.
p.(None): (4) The will expressed in advance must be documented on the form referred to in Article 27 of this Act.
p.(None): (5) The selected personal physician and the patient's rights representative shall instruct the patient in detail about the meaning and consequences of his / her decision before declaring a pre-expressed will. Finding
p.(None): the identity of the patient, the findings regarding the fulfillment of the conditions referred to in the first paragraph of this Article, the basic explanations and the signatures of the patient, the chosen personal physician and the representative
p.(None): patients' rights are an integral part of the form referred to in Article 27 of this Act.
p.(None): (6) The written statement referred to in the first paragraph of this Article shall be valid for five years and the patient may revoke it at any time with a written statement, regardless of the ability to decide on himself.
p.(None): (7) The information that the patient has made a statement under this Article shall be accessible to the doctor via the information system of the health insurance card or the central medical records.
p.(None): documentation. The procedure for recording and deleting data, storage and the procedure for acquainting oneself with the statement shall be prescribed by the minister responsible for health.
p.(None): 9. A special way of exercising the rights of patients who are not capable of making decisions about themselves
p.(None): Article 35
p.(None): (children)
p.(None): (1) When a child is unable to consent to a medical procedure or medical care, this may be performed only if his or her parents or guardian (in
p.(None): hereinafter: the administrator). The same applies to special types of consent referred to in the third paragraph of Article 26 of this Act, unless otherwise provided by law.
p.(None): (2) A child up to the age of 15 shall be deemed incapable of consent, unless the doctor, in view of the child's maturity, assesses that he is capable of doing so, taking into account the circumstances
p.(None): ability to make decisions about oneself, usually consults with parents or guardians. A child who has reached the age of 15 is considered to be capable of consent, unless the doctor
p.(None): assesses the child's maturity that he is not capable of doing so, and as a rule he consults with the parents or guardian regarding the circumstances that speak about the ability to decide about himself.
p.(None): (3) The parents shall, as a rule, decide on the consent referred to in this Article by agreement.
p.(None): (4) For an operative or other medical procedure related to a higher risk or higher load, or a medical procedure that may have significant consequences for the child,
p.(None): requires the consent of both parents, except when:
p.(None): - one of the parents is unknown or has an unknown residence,
p.(None): - one of the parents is deprived of parental rights,
p.(None): - one of the parents is unable to give an opinion in time due to the temporary suspension of the opinion without the risk of serious health damage to the child,
p.(None): - one of the parents does not meet the conditions required for the patient's ability to make decisions about himself.
p.(None): (5) The provisions of Article 27 of this Act, which apply to consent, shall apply to consent under the preceding paragraph.
p.(None): (6) When a parent is informed about an operative or other medical intervention related to a higher risk or greater burden, or a medical intervention that may have
p.(None): important consequences for the child, they cannot decide by mutual consent, they may propose that they be assisted or decided by the body responsible for this under the regulations governing family
p.(None): relationships.
p.(None): (7) For other medical interventions or medical care that do not constitute the interventions or care referred to in the preceding paragraph, the consent may be given by the parent who, when
p.(None): consent given, present. If both are present and do not agree, the doctor obtains the consent of the council for the greatest possible benefit of the child, and if this is not possible, from another doctor who has not yet
p.(None): was and will not be included in the patient’s treatment later. The decision on the form referred to in Article 27 of this Act shall be signed by one of the parents who agrees to the medical procedure or
p.(None): medical care, and members of the council or the doctor who gave the consent.
p.(None): (8) When a child has the right to decide on his or her health care, other persons have the right to take into account his or her opinion as much as possible, if he or she is able to express it and understands it.
p.(None): its significance and consequences.
p.(None): (9) In the manner specified in the preceding paragraphs, the child shall also exercise other rights referred to in Article 5 of this Act, unless this Act provides otherwise.
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
p.(None): Emergency medical care can also be provided when it is refused by a parent or guardian.
p.(None): Article 37
p.(None): (patients with mental health problems)
p.(None): (1) When a patient is unable to consent to a medical procedure due to mental health problems or another cause that affects the ability to judge, this may be performed only if he is
p.(None): authorized by the legal representative.
p.(None): (2) If the patient referred to in the preceding paragraph does not have a legal representative, the healthcare provider shall inform the competent authority for the commencement of the procedure for the appointment of a legal representative.
p.(None): (3) If the doctor finds that the legal representative does not decide in the best medical interest of the patient, he shall inform the body that appointed the legal representative in order to ensure adequate
p.(None): representation.
p.(None): (4) As long as the patient referred to in the first paragraph of this Article has not been appointed a legal representative, consent to medical intervention or medical care may be given by persons who are capable of
p.(None): self-determination and have reached the age of 18 in the following exclusive order:
p.(None): - the patient's spouse, common-law or same-sex partner,
...
p.(None): - when provided for by another law.
p.(None): (7) Personal data processed in accordance with the third, fourth and fifth paragraphs of this Article must be relevant and appropriate in scope with regard to the purposes for which they are collected and
p.(None): further processed.
p.(None): (8) The patient has the right to designate persons who may be acquainted with his medical documentation and persons to whom access to his medical documentation is prohibited,
p.(None): if this is not contrary to law. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act.
p.(None): Article 45
p.(None): (protection of professional secrecy)
p.(None): (1) Healthcare professionals and healthcare associates, as well as persons to whom data are available due to the nature of their work, shall be obliged to protect, as a professional secret, everything that
p.(None): information about the patient, in particular information about his or her state of health, his or her personal, family and social situation, and information
p.(None): identification, treatment and monitoring of disease or injury (hereinafter: health information).
p.(None): (2) The duties of protecting information on the patient's health condition may be performed by a healthcare professional or healthcare associate or another person to whom this information is available due to
p.(None): nature of their work, resolve:
p.(None): - patient,
p.(None): - parents or guardian of a child before the age of 15,
p.(None): - parents or guardian for a child after reaching the age of 15, if the information is necessary for the exercise of parental rights or guardianship, and the child is not notified
p.(None): forbade
p.(None): - a person who had the right to consent to medical intervention or medical care, if the patient was not able to make decisions about himself, but only with regard to information about medical care
p.(None): condition related to the medical procedure or medical care to which she has consented,
p.(None): - the court,
p.(None): - other persons, when so provided by law.
p.(None): (3) The doctor may communicate information on the patient's state of health if this is strictly necessary to protect life or prevent serious deterioration of the health of other persons.
p.(None): The doctor must report the suspicion of committing a crime against life and body, a crime against sexual integrity and a crime against marriage, family and
p.(None): youth in which a child was involved as the victim.
p.(None): (4) A patient who has reached the age of 15 has the right to determine in writing on the form referred to in Article 27 of this Act or orally in the presence of two adult witnesses to whom, when and which
p.(None): information on his medical condition may, must or may not be communicated by a doctor or another person authorized by the doctor, unless otherwise provided by law. The same goes for
p.(None): communication of information on the state of health relating to the medical procedure or medical care to which the patient up to the age of 15 was able to consent independently.
p.(None): A statement may be made for an individual medical procedure or medical care or for all future medical procedures or future medical care in an individual
p.(None): healthcare provider.
p.(None): (5) If a patient does not exercise the right under the preceding paragraph or is unable to do so due to his / her health condition, information on his / her health condition may be communicated.
p.(None): persons referred to in the second paragraph of this Article, his immediate family members, close persons and persons who have been in connection with a specific medical procedure or medical
p.(None): care entitled to give consent if the patient was unable to make decisions about himself.
p.(None): (6) In the case referred to in Article 22 of this Act, the persons referred to in the preceding paragraphs of this Article shall not have the right to obtain more information than the patient would have obtained, unless the patient has determined otherwise.
...
p.(None): hereinafter: the procedure for requesting a second hearing of the infringement).
p.(None): (2) The provisions of this Act governing the procedures for the protection of patients' rights shall be without prejudice to the regulations governing supervision to ensure the professionalism of the work of healthcare professionals and
p.(None): healthcare professionals and healthcare providers.
p.(None): (3) The provisions of regulations in the field of health insurance shall apply to violations of health insurance rights.
p.(None): Article 48
p.(None): (general procedural principles)
p.(None): (1) Procedures for the protection of patients' rights must ensure:
p.(None): - patient information and support,
p.(None): - simple, transparent, fast and efficient resolution,
p.(None): - free advice and assistance from a patient rights representative,
p.(None): - impartiality and fairness of treatment,
p.(None): - adequate on-going documentation of the participants' procedural actions,
p.(None): - resolving and terminating the proceedings where they arose,
p.(None): - as a rule, an oral hearing,
p.(None): - exclusion of the public,
p.(None): - opportunities for peaceful settlement of disputes.
p.(None): (2) With regard to the issue of procedural capacity in procedures for the protection of patients' rights, the provisions of this Act shall apply mutatis mutandis to patients who are not capable of deciding on themselves.
p.(None): they regulate a special way of exercising the rights of patients who are incapable of making decisions about themselves. Where the child's parents decide to institute proceedings, an amicable decision is not required.
p.(None): (3) The introduction of procedures may also be requested by close family members or close persons, if the patient agrees. After the patient's death, the introduction of procedures may require the patient's immediate
p.(None): family members.
p.(None): (4) Patients referred to in the second paragraph of this Article have the right to ensure their participation in the proceedings for the violation of their rights to the greatest extent possible and to take into account their
p.(None): opinion if they are able to express it and if they understand its meaning and consequences.
p.(None): (5) The exercise of violations of patients' rights under this Act is not a condition for the exercise of the right to possible judicial protection.
p.(None): 15. The right to free assistance in the exercise of patients' rights
p.(None): Article 49
p.(None): (powers of the patient's rights representative)
p.(None): (1) In exercising the rights under this Act, the patient is advised, assisted or represented by the patient's rights representative (hereinafter: the representative), in particular by:
p.(None): - advise the patient in an appropriate manner on the content of the rights, methods and possibilities of exercising them in the period before or during the treatment and when these are violated,
p.(None): - provides concrete guidelines for the exercise of rights and proposes possible solutions,
p.(None): - offers the patient assistance in filing legal remedies under this Act,
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p.(None): by acting in an informal procedure, they help the participants to reach an agreement that resolves the dispute or newly regulates mutual relations.
p.(None): 10. Medical intervention is any treatment that has a preventive, diagnostic, therapeutic or rehabilitation purpose and is performed by a doctor, other healthcare professional or a healthcare professional.
p.(None): collaborator.
p.(None): 11. The network of public health service providers are all public and private health service providers who, on the basis of the founding act or concession and the contract with the Institute for
p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
p.(None): 13. Vulnerable groups are those social groups to which additional attention and care is given in health care for health or social reasons.
p.(None): 14. A child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity.
p.(None): 15. The patient's immediate family members are the spouse, common-law partner, same-sex partner, parents, adoptive parents, grandparents, children or adopted children, grandchildren and siblings.
p.(None): 16. A patient is a patient or other user of health services in relation to health care workers and health care associates or health care providers, regardless of
p.(None): your health condition.
p.(None): 17. Reasonable time is time not exceeding a period acceptable from the point of view of an objective medical assessment of the patient's clinical needs in the light of his medical condition, medical history,
p.(None): the likely development of the disease, the degree of pain or the nature of the disability at the time the right is exercised.
p.(None): 18. Serious health damage is a severe deterioration in the patient's physical or mental health that jeopardizes the expected favorable treatment outcomes.
p.(None): 19. The ability to decide on oneself is the patient's ability to independently exercise the rights under this Act, in particular to decide on the implementation of a medical procedure or medical
p.(None): care. A patient is able to make decisions about himself if he is able to understand the meaning and consequences of exercising according to age, maturity, medical condition or other personal circumstances.
p.(None): rights under this Act, in particular the consent, refusal or revocation of the refusal of a medical procedure or medical care.
p.(None): 20. A professional standard is a recommendation adopted by the competent professional body of an individual health profession in order to achieve the optimal level of regulation in a certain field.
p.(None): 21. Medical activity is an activity determined by a special law.
p.(None): 22. Medical care is medical and other interventions for disease prevention and health promotion, diagnostics, therapy, rehabilitation and nursing care and other services or
...
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
p.(None): (4) Children have the right to permanent accompaniment of one of the parents or another person caring for the child during inpatient and other medical care, unless reasons are given,
p.(None): which would not be in the best interests of the child.
p.(None): (5) In the case of inpatient medical care for children, the right referred to in the preceding paragraph shall also be provided in the form of accommodation of one of the parents or another person caring for the child, in accordance with
p.(None): with regulations in the field of health insurance.
p.(None): (6) If the right to accommodation of one of the parents or another person caring for a child is not a right from health insurance, the providers of health services shall provide compensation
p.(None): accommodation at the request of one of the parents or another person caring for the child. In this case, the health care provider in the network of public health care providers may only charge
p.(None): material costs of accommodation, the amount of which is prescribed by the Minister (hereinafter: the Minister) responsible for health.
p.(None): (7) If the healthcare provider is unable to ensure the right referred to in the preceding paragraph due to limited space capacity, priority shall be given to accommodation of one of the parents or
...
p.(None): (3) The will expressed in advance must be taken into account when the situation envisaged by the definition occurs and if at the same time there is no reasonable doubt that the patient would revoke the will in these circumstances.
p.(None): (4) The will expressed in advance must be documented on the form referred to in Article 27 of this Act.
p.(None): (5) The selected personal physician and the patient's rights representative shall instruct the patient in detail about the meaning and consequences of his / her decision before declaring a pre-expressed will. Finding
p.(None): the identity of the patient, the findings regarding the fulfillment of the conditions referred to in the first paragraph of this Article, the basic explanations and the signatures of the patient, the chosen personal physician and the representative
p.(None): patients' rights are an integral part of the form referred to in Article 27 of this Act.
p.(None): (6) The written statement referred to in the first paragraph of this Article shall be valid for five years and the patient may revoke it at any time with a written statement, regardless of the ability to decide on himself.
p.(None): (7) The information that the patient has made a statement under this Article shall be accessible to the doctor via the information system of the health insurance card or the central medical records.
p.(None): documentation. The procedure for recording and deleting data, storage and the procedure for acquainting oneself with the statement shall be prescribed by the minister responsible for health.
p.(None): 9. A special way of exercising the rights of patients who are not capable of making decisions about themselves
p.(None): Article 35
p.(None): (children)
p.(None): (1) When a child is unable to consent to a medical procedure or medical care, this may be performed only if his or her parents or guardian (in
p.(None): hereinafter: the administrator). The same applies to special types of consent referred to in the third paragraph of Article 26 of this Act, unless otherwise provided by law.
p.(None): (2) A child up to the age of 15 shall be deemed incapable of consent, unless the doctor, in view of the child's maturity, assesses that he is capable of doing so, taking into account the circumstances
p.(None): ability to make decisions about oneself, usually consults with parents or guardians. A child who has reached the age of 15 is considered to be capable of consent, unless the doctor
...
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
p.(None): Emergency medical care can also be provided when it is refused by a parent or guardian.
p.(None): Article 37
p.(None): (patients with mental health problems)
p.(None): (1) When a patient is unable to consent to a medical procedure due to mental health problems or another cause that affects the ability to judge, this may be performed only if he is
p.(None): authorized by the legal representative.
p.(None): (2) If the patient referred to in the preceding paragraph does not have a legal representative, the healthcare provider shall inform the competent authority for the commencement of the procedure for the appointment of a legal representative.
p.(None): (3) If the doctor finds that the legal representative does not decide in the best medical interest of the patient, he shall inform the body that appointed the legal representative in order to ensure adequate
p.(None): representation.
p.(None): (4) As long as the patient referred to in the first paragraph of this Article has not been appointed a legal representative, consent to medical intervention or medical care may be given by persons who are capable of
p.(None): self-determination and have reached the age of 18 in the following exclusive order:
p.(None): - the patient's spouse, common-law or same-sex partner,
p.(None): - the patient's children or adopted children,
p.(None): - the patient's parents or adoptive parents,
p.(None): - the patient's siblings,
p.(None): - the patient's grandparents,
p.(None): - the patient's grandchildren.
p.(None): (5) If the persons referred to in an individual indent of the preceding paragraph do not reach an agreement on the performance of a medical procedure or medical care, the doctor treating him shall decide thereon.
p.(None): taking into account the opinions given and the patient’s greatest health benefit.
p.(None): (6) The provisions of the preceding paragraphs shall also apply mutatis mutandis to the consents referred to in the third paragraph of Article 26 of this Act.
p.(None): (7) In the manner specified in this Article, the patient referred to in the first paragraph of this Article shall also exercise other rights referred to in Article 5 of this Act, unless otherwise provided by law.
p.(None): (8) The legal representative and other persons referred to in the fourth paragraph of this Article may not refuse emergency medical assistance to a patient with mental health problems.
p.(None): Article 38
p.(None): (temporary inability to decide for oneself)
p.(None): (1) When the patient is temporarily unable to make decisions about himself, the provisions of the first, fourth, fifth and sixth paragraphs of the previous article shall apply.
p.(None): (2) In the manner specified in this Article, a patient who is temporarily incapable of deciding on himself shall also exercise other rights referred to in Article 5 of this Act, unless the Act provides otherwise.
...
p.(None): of the law.
p.(None): (8) In exercising the right under this Article, the provisions of the first paragraph of Article 22 of this Act must also be taken into account.
p.(None): (9) Based on the reasonably applicable provisions of the preceding paragraphs of this Article, the patient has the right to independent access to his / her electronic health record and data.
p.(None): in the information system of the health insurance card, if the health system allows it.
p.(None): (10) In case of violation of the provision of this Article, the patient and other entitled persons have the right to file a complaint with the Information Commissioner. For the procedure before the Information
p.(None): In addition to the provisions of the law governing the general administrative procedure, the provisions of Articles 10, 11 and 12 of the Information Commissioner Act (Official
p.(None): list RS, no. 113/05 and 51/07 - ZUstS-A). The healthcare provider is considered to be the first instance body in this procedure. The provisions of this paragraph shall also apply to proceedings under
p.(None): the fifth paragraph of Article 42 and the seventh paragraph of Article 45 of this Act.
p.(None): Article 42
p.(None): (acquaintance with medical documentation after the patient's death)
p.(None): (1) After the patient's death, the persons authorized by law to process the data and the persons for whom the data is authorized have the right to be acquainted with his medical documentation.
p.(None): the patient has previously given explicit consent in writing.
p.(None): (2) After the patient's death, the patient's spouse, common-law partner, same-sex partner, children and
p.(None): adoptees, in the absence of such persons, and the patient's parents. The persons referred to in the previous sentence shall be granted only access to those data which are necessary for the achievement of the lawful purpose of acquaintance.
p.(None): Persons referred to in the first sentence who wish to become acquainted with the medical records created at a time when the deceased patient was unable to make decisions about himself and this condition was uninterrupted
p.(None): continued until his death, they must show a legal interest in obtaining information. Other persons who prove this can also get acquainted with the medical documentation of the deceased patient
p.(None): legal interest by means of an appropriate document, giving them only access to the information necessary to assert their legal interest.
p.(None): (3) The request for acquaintance of the persons referred to in the preceding paragraph shall be rejected in part or in full if so provided by law or if the patient is informed before death in writing or orally in the presence of two
p.(None): witnesses expressly prohibited.
p.(None): (4) Notwithstanding the explicit prohibition of a deceased patient, they have the right to be acquainted with the medical documentation in the part referring to the reasons that may significantly affect the
p.(None): their health, the patient's parents, the patient's descendants up to any knee, the patient's spouse, common-law or same-sex partner, siblings or others
p.(None): persons who have been in a special relationship with a deceased patient and prove this with certainty. Pairing is done through the patient’s chosen personal physician or the physician who was
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Social / Ethnicity
Searching for indicator ethnic:
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p.(None): - the right to prevent and alleviate suffering,
p.(None): - the right to a second opinion,
p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
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Social / Incarcerated
Searching for indicator restricted:
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p.(None): Article 3
p.(None): (principles)
p.(None): In exercising the rights of patients under this Act, the following principles shall be observed in particular:
p.(None): - respect for everyone as a human being and respect for his or her moral, cultural, religious, philosophical and other personal beliefs,
p.(None): - respect for physical and mental integrity and safety,
p.(None): - protection of the maximum health benefits for the patient, in particular the child,
p.(None): - respect for privacy,
p.(None): - respect for autonomy in deciding on treatment,
p.(None): - respect for personality and dignity in such a way that no one is socially marked by their state of health and the causes, consequences and circumstances of that state or state of health
p.(None): the care he received as a result.
p.(None): Article 4
p.(None): (exercising and restricting patients' rights)
p.(None): (1) The provisions of this Act are without prejudice to the patient's rights determined by other laws and international treaties binding on the Republic of Slovenia.
p.(None): (2) Patients' rights determined by this Act shall be exercised by all health care providers within the framework of modern medical doctrine, professional standards and norms, and
p.(None): development of the health care system in the Republic of Slovenia.
p.(None): (3) The patient's rights, which are determined by this Act and are at the same time linked to the health insurance system, shall be exercised within the framework of regulations in the field of health insurance.
p.(None): (4) Patients' rights may be restricted by laws in the field of ensuring public safety and public health and when the rights of other persons would be endangered.
p.(None): II. PATIENT RIGHTS
p.(None): Article 5
p.(None): (list of patients' rights)
p.(None): The patient's rights regulated by this law are:
p.(None): - the right to access healthcare and the provision of preventive services,
p.(None): - the right to equal access and treatment in healthcare,
p.(None): - the right to freely choose a doctor and a healthcare provider,
p.(None): - the right to adequate, high-quality and safe healthcare,
p.(None): - the right to respect for the patient's time,
p.(None): - the right to information and participation,
p.(None): - the right to decide independently on treatment,
p.(None): - the right to have one's will expressed in advance,
p.(None): - the right to prevent and alleviate suffering,
p.(None): - the right to a second opinion,
p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
...
Social / Linguistic Proficiency
Searching for indicator language:
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p.(None): (3) The Health Insurance Institute of Slovenia shall also obtain the data referred to in the preceding paragraph and the data referred to in Article 15 of this Act for the purposes of supervision and financing of programs.
p.(None): Article 17
p.(None): (national waiting list)
p.(None): (1) The Institute shall keep a national waiting list on the basis of the data referred to in the previous article for the purposes of informing patients, exchanging data with healthcare providers,
p.(None): management of the health care system and other purposes in accordance with the law governing health records.
p.(None): (2) The Institute shall publicly publish statistical data on waiting times.
p.(None): Article 18
p.(None): (specialist outpatient examination)
p.(None): (1) A patient who has been referred by a selected personal physician for a specialist outpatient examination for further medical care or to obtain a more detailed expert opinion,
p.(None): has the right to an inspection within a reasonable time.
p.(None): (2) In addition to diagnostic data, the expert opinion shall also contain a proposal for further treatment.
p.(None): (3) The patient shall receive a written expert opinion at the end of the examination or no later than within three working days after the examination. In urgent cases, a written expert opinion is required
p.(None): inform the patient immediately.
p.(None): 6. Right to information and participation
p.(None): Article 19
p.(None): (method of communication)
p.(None): The patient has the right to be spoken or otherwise communicated with by healthcare professionals and healthcare associates in the Slovene language or in the language of the national community in the areas.
p.(None): local communities, where in addition to Slovene, the official language is also Italian or Hungarian.
p.(None): Article 20
p.(None): (patient information and duty to explain)
p.(None): (1) In order to exercise the right to make independent decisions about treatment and the right to participate in the treatment process, the patient has the right to be informed about:
p.(None): - his state of health and probable development and the consequences of the illness or injury,
p.(None): - the purpose, type, method of implementation, probability of success and expected benefits and outcome of the proposed medical procedure or proposed treatment,
p.(None): - possible risks, side effects, negative consequences and other inconveniences of the proposed medical procedure or proposed treatment, including the consequences
p.(None): his omissions,
p.(None): - any other treatment options,
p.(None): - procedures and methods of treatment that are not available in the Republic of Slovenia or are not rights from compulsory health insurance.
p.(None): (2) The explanations referred to in the preceding paragraph must be explained to the patient by the doctor responsible for the treatment in direct contact, in a considerate manner, in a manner understandable to the patient or in accordance with
p.(None): individual ability to receive information, fully and in a timely manner. For surgery or other medical intervention associated with a higher risk or greater burden, the patient gives
p.(None): understandable oral and written explanations by the doctor who will perform the medical procedure, and if this is not possible, by another doctor who is qualified for such a medical procedure.
p.(None): (3) The patient has the right to prompt and detailed information on the course of treatment and, after the end of the medical procedure or treatment, the right to be informed of the result
...
p.(None): (9) Representatives shall cooperate with each other and provide each other with the necessary assistance in carrying out their tasks.
p.(None): (10) The work of a representative is free and confidential for the patient.
p.(None): Article 50
p.(None): (appointment of a representative)
p.(None): (1) The representative shall perform his work on a non-professional basis. In his work he is independent and autonomous, in his work he acts honorably, honestly and in good faith.
p.(None): (2) Each province shall appoint one representative. Notwithstanding the preceding provision, a province having a population of between 300,000 and 450,000, two representatives and
p.(None): a province with over 450,000 inhabitants, three representatives.
p.(None): (3) The representative shall be appointed by the representative body of the province on the basis of a public invitation. A public call for the nomination of candidates (hereinafter: the candidate) shall be published
p.(None): in a daily newspaper and on the website of the ministry responsible for health. A more detailed manner and procedure of selection on the basis of a public call shall be determined by the representative body of the province in
p.(None): public call.
p.(None): (4) Candidates shall be nominated by non-governmental organizations or associations operating in the field of health care or consumer protection, regional councils of the Health Insurance Institute of Slovenia and
p.(None): municipal councils.
p.(None): (5) The term of office of a representative shall be five years and may be reappointed.
p.(None): (6) A candidate may be appointed as a representative:
p.(None): - who is a citizen of the Republic of Slovenia,
p.(None): - who speaks an official language,
p.(None): - who has not been finally sentenced to unconditional imprisonment,
p.(None): Having at least a university degree, and
p.(None): - who has at least ten years of work experience in the field of law, health, consumer protection or patients' rights.
p.(None): (7) The work of a representative is incompatible:
p.(None): - membership of management and supervisory bodies of healthcare providers,
p.(None): - membership in the management and supervisory bodies of the Health Insurance Institute of Slovenia and other insurance companies in the field of health insurance,
p.(None): - membership of the management or supervisory bodies of a company engaged in the manufacture or sale of medicinal products or medical devices,
p.(None): - membership in the bodies of the competent chambers in the field of health care,
p.(None): By working under an employment contract or other contract with a healthcare provider, and
p.(None): - with functions in state bodies, local community bodies, political party bodies and trade union bodies.
p.(None): (8) A trusted person who has social and communication skills and enjoys a professional and moral reputation may be appointed as a representative.
p.(None): (9) The representative body of the province referred to in the third paragraph of this Article may dismiss the representative early if:
p.(None): - it requires it itself,
p.(None): - permanently loses his ability to work,
p.(None): - is not trustworthy due to identified errors at work,
p.(None): - no longer fulfills the conditions for performing the tasks,
p.(None): - performs the function or work referred to in the seventh paragraph of this Article.
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Social / Racial Minority
Searching for indicator race:
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p.(None): - the right to have one's will expressed in advance,
p.(None): - the right to prevent and alleviate suffering,
p.(None): - the right to a second opinion,
p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
...
Social / Religion
Searching for indicator faith:
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p.(None): fails to send explanations or information to the representative within the required time limit, he shall without delay inform him of the reasons for which he did not grant his request.
p.(None): (6) The healthcare provider must provide the agent with access to all the information necessary for his work in relation to the matter under consideration, no later than five days from
p.(None): receiving requests. The representative can get acquainted with the patient's medical records on the basis of his written consent.
p.(None): (7) The representative may suspend further activities if he finds that the matter has been resolved in another way, if the patient unjustifiably does not participate in the procedure or it is evident from his actions,
p.(None): that he shows no interest in continuing the proceedings.
p.(None): (8) On the basis of the patient's authorization, the representative may propose to the healthcare provider the manner in which the identified irregularity should be remedied. In doing so, he may propose a refund
p.(None): damage or suggests another way to remedy the irregularity caused to the patient.
p.(None): (9) Representatives shall cooperate with each other and provide each other with the necessary assistance in carrying out their tasks.
p.(None): (10) The work of a representative is free and confidential for the patient.
p.(None): Article 50
p.(None): (appointment of a representative)
p.(None): (1) The representative shall perform his work on a non-professional basis. In his work he is independent and autonomous, in his work he acts honorably, honestly and in good faith.
p.(None): (2) Each province shall appoint one representative. Notwithstanding the preceding provision, a province having a population of between 300,000 and 450,000, two representatives and
p.(None): a province with over 450,000 inhabitants, three representatives.
p.(None): (3) The representative shall be appointed by the representative body of the province on the basis of a public invitation. A public call for the nomination of candidates (hereinafter: the candidate) shall be published
p.(None): in a daily newspaper and on the website of the ministry responsible for health. A more detailed manner and procedure of selection on the basis of a public call shall be determined by the representative body of the province in
p.(None): public call.
p.(None): (4) Candidates shall be nominated by non-governmental organizations or associations operating in the field of health care or consumer protection, regional councils of the Health Insurance Institute of Slovenia and
p.(None): municipal councils.
p.(None): (5) The term of office of a representative shall be five years and may be reappointed.
p.(None): (6) A candidate may be appointed as a representative:
p.(None): - who is a citizen of the Republic of Slovenia,
p.(None): - who speaks an official language,
p.(None): - who has not been finally sentenced to unconditional imprisonment,
p.(None): Having at least a university degree, and
p.(None): - who has at least ten years of work experience in the field of law, health, consumer protection or patients' rights.
p.(None): (7) The work of a representative is incompatible:
p.(None): - membership of management and supervisory bodies of healthcare providers,
...
p.(None): associations operating in the field of health care or consumer protection, regional councils of the Health Insurance Institute of Slovenia and municipal councils of municipalities. A more detailed method and procedure
p.(None): selections on the basis of a public call shall be determined by the Government of the Republic of Slovenia in the public call.
p.(None): (3) A representative shall be appointed for each area covered by the regional Institute for Health Care. Notwithstanding the preceding provision, it is designated for an area having from 300,000 inclusive
p.(None): up to and including 450,000 inhabitants, two representatives and for an area with more than 450,000 inhabitants, three representatives.
p.(None): (4) The term of office of representatives shall last until the appointment of representatives in accordance with Article 50 of this Act, but not more than five years. A representative may be reappointed.
p.(None): (5) The Government of the Republic of Slovenia may dismiss a representative early if:
p.(None): - it requires it itself,
p.(None): - permanently loses the ability to perform his work,
p.(None): - if, due to identified errors at work, he is not trustworthy,
p.(None): - if he no longer fulfills the conditions for performing the tasks.
p.(None): (6) The representative is entitled to a reward for his work and reimbursement of actual labor costs. The criteria for determining the award and the amount of the award shall be determined by the minister responsible for health. Needed
p.(None): funds for the operation of representatives are provided by the budget of the Republic of Slovenia.
p.(None): (7) The representative shall perform his work on a non-professional basis. In his work he is independent and autonomous, in his work he acts honorably, honestly and in good faith. The seat of the agent is at
p.(None): regional Institute of Public Health.
p.(None): (8) The provisions of the fourth paragraph of Article 80 and Article 83 of this Act shall apply mutatis mutandis to the supervision of the work of a representative and shall be performed by the ministry responsible for health.
p.(None): (9) Professional and administrative technical assistance to the representative shall be provided by the regional Health Care Institute, and funds for it shall be provided from the budget of the Republic of Slovenia.
p.(None): Article 90
p.(None): (deadline for the adoption of implementing regulations and for the appointment of the President and members of the Commission and representatives)
p.(None): (1) The Minister responsible for health shall issue the implementing regulations referred to in this Act within six months of the entry into force of this Act.
p.(None): (2) The Commission shall issue the rules of procedure referred to in the eighth paragraph of Article 64 of this Act within one month of the appointment.
p.(None): (3) The Government of the Republic of Slovenia shall appoint the President of the Commission and the representatives referred to in Article 89 of this Act within five months from the day this Act enters into force. The Minister responsible for health
p.(None): appoint the members of the Commission within five months from the date of entry into force of this Act.
p.(None): Article 91
p.(None): (expiration of other regulations)
p.(None): (1) On the day this Act enters into force, the provisions of Articles 47, 48 and 50, the third paragraph of Article 51, Article 77 and points 7 and 8 of the first paragraph of Article 89 of the Act on
p.(None): health care activities (Official Gazette of the Republic of Slovenia, No. 23/05 - consolidated text) and the provisions of Article 47, the second paragraph of Article 52 and point 8 of Article 81 of the Medical Service Act (Official Gazette
...
Searching for indicator belief:
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p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
...
Searching for indicator religion:
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p.(None): - the right to a second opinion,
p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
...
Searching for indicator religious:
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p.(None): 19. The ability to decide on oneself is the patient's ability to independently exercise the rights under this Act, in particular to decide on the implementation of a medical procedure or medical
p.(None): care. A patient is able to make decisions about himself if he is able to understand the meaning and consequences of exercising according to age, maturity, medical condition or other personal circumstances.
p.(None): rights under this Act, in particular the consent, refusal or revocation of the refusal of a medical procedure or medical care.
p.(None): 20. A professional standard is a recommendation adopted by the competent professional body of an individual health profession in order to achieve the optimal level of regulation in a certain field.
p.(None): 21. Medical activity is an activity determined by a special law.
p.(None): 22. Medical care is medical and other interventions for disease prevention and health promotion, diagnostics, therapy, rehabilitation and nursing care and other services or
p.(None): procedures performed by healthcare providers in treating a patient.
p.(None): 23. Health services are services provided by healthcare professionals and healthcare professionals as part of the activities of healthcare providers for patients.
p.(None): 24. Healthcare professionals and healthcare associates are all those who provide medical or pharmacy services, as stipulated by the laws governing healthcare and pharmacy activities.
p.(None): Article 3
p.(None): (principles)
p.(None): In exercising the rights of patients under this Act, the following principles shall be observed in particular:
p.(None): - respect for everyone as a human being and respect for his or her moral, cultural, religious, philosophical and other personal beliefs,
p.(None): - respect for physical and mental integrity and safety,
p.(None): - protection of the maximum health benefits for the patient, in particular the child,
p.(None): - respect for privacy,
p.(None): - respect for autonomy in deciding on treatment,
p.(None): - respect for personality and dignity in such a way that no one is socially marked by their state of health and the causes, consequences and circumstances of that state or state of health
p.(None): the care he received as a result.
p.(None): Article 4
p.(None): (exercising and restricting patients' rights)
p.(None): (1) The provisions of this Act are without prejudice to the patient's rights determined by other laws and international treaties binding on the Republic of Slovenia.
p.(None): (2) Patients' rights determined by this Act shall be exercised by all health care providers within the framework of modern medical doctrine, professional standards and norms, and
p.(None): development of the health care system in the Republic of Slovenia.
p.(None): (3) The patient's rights, which are determined by this Act and are at the same time linked to the health insurance system, shall be exercised within the framework of regulations in the field of health insurance.
p.(None): (4) Patients' rights may be restricted by laws in the field of ensuring public safety and public health and when the rights of other persons would be endangered.
p.(None): II. PATIENT RIGHTS
p.(None): Article 5
p.(None): (list of patients' rights)
p.(None): The patient's rights regulated by this law are:
...
p.(None): health services and explain the reasons for refusal in writing within eight days of the patient's choice.
p.(None): 4. The right to adequate, quality and safe health care
p.(None): Article 11
p.(None): (appropriate, quality and safe health care)
p.(None): (1) The patient has the right to adequate, quality and safe medical care in accordance with medical doctrine.
p.(None): (2) Appropriate medical care is that which is in accordance with the patient's needs and the capabilities of the health care system in the Republic of Slovenia and is based on simple, transparent and
p.(None): friendly administrative procedures and establishes a relationship of cooperation and trust with the patient.
p.(None): (3) Quality healthcare is that which consistently achieves treatment outcomes comparable to standards or best practices, taking into account fundamental principles of quality, such as
p.(None): they are performance, safety, timeliness, continuity, efficiency, equity, and patient focus.
p.(None): (4) Safe medical care is that which prevents harm to the patient in relation to the treatment itself and in relation to the circumstances fi of the personal safety of stay or stay with the provider
p.(None): health services.
p.(None): Article 12
p.(None): (entitlement to medical intervention or medical care)
p.(None): The patient is entitled to a medical procedure or medical care provided at the expense of public funds if this is necessary according to the rules of the medical profession and is
p.(None): modern medical doctrine rightly expects it to be beneficial to the patient and the expected benefits to the patient outweigh the risks and burdens.
p.(None): Article 13
p.(None): (provision of religious spiritual care)
p.(None): In the case of inpatient care, the healthcare provider must ensure the conditions for exercising the patient's right to adequate religious spiritual care in accordance with the law governing
p.(None): religious freedom.
p.(None): 5. The right to respect the patient's time
p.(None): Article 14
p.(None): (waiting times and waiting times)
p.(None): (1) The patient has the right to have his time respected.
p.(None): (2) The provider of medical services shall provide emergency medical assistance to the patient immediately.
p.(None): (3) In the case of a medical service where the emergency medical care referred to in the preceding paragraph is not in question and cannot be performed immediately, the provider of medical services shall place the patient on the waiting list.
p.(None): taking into account professional standards regarding the degree of urgency, which must be specifically documented in the waiting list. Healthcare providers take care of
p.(None): the shortest possible waiting time and, in accordance with the financing conditions, also for a waiting period within a reasonable time.
p.(None): (4) The degree of urgency referred to in the second and third paragraphs of this Article shall be assessed in accordance with the patient's greatest health benefit and in such a way as to prevent serious health damage to the patient.
p.(None): patient.
p.(None): (5) If, for justified reasons, the patient has not been able to come to the provision of medical services, the provider of medical services shall be obliged to determine the new date of the planned
p.(None): Health Services.
p.(None): (6) If the patient did not come to the provision of the medical service and did not apologize for his absence within 14 days after the day of the planned medical service, the health service provider shall delete him with
p.(None): waiting list.
p.(None): (7) The healthcare provider is obliged to delete the patient from the waiting list after the medical service has been provided.
...
p.(None): their health, the patient's parents, the patient's descendants up to any knee, the patient's spouse, common-law or same-sex partner, siblings or others
p.(None): persons who have been in a special relationship with a deceased patient and prove this with certainty. Pairing is done through the patient’s chosen personal physician or the physician who was
p.(None): otherwise involved in the treatment process, if not, the doctor is determined by the health care provider who has the patient's medical records.
p.(None): (5) The provider of health services shall decide on the request for information within 15 days of receiving the reasoned request. If the request is rejected in part or in full, the persons referred to in
p.(None): the second and fourth paragraphs of this Article, the right to file a complaint with the Information Commissioner.
p.(None): (6) The patient has the right to appoint persons who, after his death, may become acquainted with his medical documentation, and persons to whom acquaintance with his medical documentation
p.(None): prohibits documentation. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act. Prohibition or designation of persons may be recorded
p.(None): also in the central record of medical records.
p.(None): 13. The right to privacy and the protection of personal data
p.(None): Article 43
p.(None): (privacy in the provision of health services)
p.(None): (1) Healthcare providers must respect the patient's privacy in all healthcare, in particular his or her moral, cultural, religious, philosophical and other personal
p.(None): beliefs, taking into account medical doctrine.
p.(None): (2) The patient shall be allowed to be present at the medical procedure or medical care only:
p.(None): - healthcare professionals or healthcare associates who perform medical intervention or medical care,
p.(None): - persons for whom he wishes to be present, if this is feasible given the nature of the medical intervention or medical care,
p.(None): - persons who in a specific case have the right to consent to a medical procedure or medical care, if the patient is not able to make decisions about himself and if this is due to the nature
p.(None): medical intervention or medical care feasible,
p.(None): - other persons, if so provided by law.
p.(None): (3) Persons whose presence is necessary for the needs of health education may be present only with the prior consent of the patient. Consent may also be given by persons holding v
p.(None): in a specific case, the right to consent to a medical procedure or medical care if the patient is not able to make decisions about himself.
p.(None): (4) The designation of persons referred to in the second indent of the second paragraph of this Article and the consent referred to in the preceding paragraph must be given in the form required for consent to a specific medical procedure.
p.(None): or medical care.
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Social / Trade Union Membership
Searching for indicator union:
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p.(None): public call.
p.(None): (4) Candidates shall be nominated by non-governmental organizations or associations operating in the field of health care or consumer protection, regional councils of the Health Insurance Institute of Slovenia and
p.(None): municipal councils.
p.(None): (5) The term of office of a representative shall be five years and may be reappointed.
p.(None): (6) A candidate may be appointed as a representative:
p.(None): - who is a citizen of the Republic of Slovenia,
p.(None): - who speaks an official language,
p.(None): - who has not been finally sentenced to unconditional imprisonment,
p.(None): Having at least a university degree, and
p.(None): - who has at least ten years of work experience in the field of law, health, consumer protection or patients' rights.
p.(None): (7) The work of a representative is incompatible:
p.(None): - membership of management and supervisory bodies of healthcare providers,
p.(None): - membership in the management and supervisory bodies of the Health Insurance Institute of Slovenia and other insurance companies in the field of health insurance,
p.(None): - membership of the management or supervisory bodies of a company engaged in the manufacture or sale of medicinal products or medical devices,
p.(None): - membership in the bodies of the competent chambers in the field of health care,
p.(None): By working under an employment contract or other contract with a healthcare provider, and
p.(None): - with functions in state bodies, local community bodies, political party bodies and trade union bodies.
p.(None): (8) A trusted person who has social and communication skills and enjoys a professional and moral reputation may be appointed as a representative.
p.(None): (9) The representative body of the province referred to in the third paragraph of this Article may dismiss the representative early if:
p.(None): - it requires it itself,
p.(None): - permanently loses his ability to work,
p.(None): - is not trustworthy due to identified errors at work,
p.(None): - no longer fulfills the conditions for performing the tasks,
p.(None): - performs the function or work referred to in the seventh paragraph of this Article.
p.(None): (10) The function referred to in the sixth indent of the seventh paragraph of this Article shall terminate on the day of the appointment of the representative. The representative must terminate no later than three months after the date of appointment
p.(None): to perform the work referred to in the fifth indent of the seventh paragraph of this Article or to terminate his membership in the bodies referred to in the first, second, third and fourth indents of the seventh paragraph of this Article. If
p.(None): fails to do so, the representative body shall dismiss him.
p.(None): Article 51
p.(None): (acting as an agent)
p.(None): (1) The representative shall act at the seat of the province, which shall provide material and other conditions for his work.
p.(None): (2) The necessary funds for the work of representatives shall be determined in the budget of the province.
p.(None): (3) The representative is entitled to a reward for his work and reimbursement of actual labor costs. The criteria for determining the amount of the award shall be determined by the minister responsible for health.
p.(None): (4) Professional and administrative technical assistance to the representative shall be provided by the province.
...
Social / Unemployment
Searching for indicator not employed:
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p.(None): their deputies.
p.(None): V. PROCEDURE WITH A REQUEST TO TREAT A VIOLATION OF THE PATIENT'S RIGHTS
p.(None): 1. First reading of the violation of patients' rights by the healthcare provider
p.(None): Article 56
p.(None): (real-time resolution of misunderstandings and disputes)
p.(None): (1) If the patient directly during medical care expresses dissatisfaction with the provision of medical care or dissatisfaction with the attitude of the healthcare professional or
p.(None): the healthcare professional, attempts are made to resolve the misunderstanding immediately with additional explanations or measures.
p.(None): (2) If the patient is not satisfied with additional explanations or measures, the healthcare professional or healthcare associate shall inform him / her of the right and procedure for submitting a request for the first
p.(None): addressing violations of patients' rights.
p.(None): Article 57
p.(None): (competent person)
p.(None): (1) Each healthcare provider must designate a person responsible for accepting and dealing with a request for the first hearing of a violation of patients' rights (hereinafter
p.(None): (first request), which may also designate several persons according to the content of the request and the need to ensure the smooth processing of requests (hereinafter: the competent
p.(None): person).
p.(None): (2) If the first request is filed against a competent person, the health care provider shall appoint a deputy for a specific case.
p.(None): (3) Unless the health care provider determines otherwise, the competent person shall be the director.
p.(None): (4) If the provider of health services is a private individual, the competent person shall be determined from among persons with knowledge in the field provided by the private individual who is not employed by him. First
p.(None): the treatment of the violation of the patient's rights may also be carried out before a private individual or another competent person employed by him, if the patient agrees.
p.(None): Article 58
p.(None): (mandatory publications)
p.(None): Each healthcare provider has a visible place in the waiting room at the primary level and in the specialist outpatient activity or at the entrance to the ward or the usual
p.(None): hospital advertising site posted:
p.(None): - the personal name of the competent person, his telephone number and the place of work where the first request may be made orally,
p.(None): - information on the method of submitting the first request and the time of receiving the first request from the healthcare provider,
p.(None): - personal name, address, e-mail address, telephone number and office hours of the nearest representative and notice of the possibility of representation or other assistance by
p.(None): representative.
p.(None): Article 59
p.(None): (deadline for submitting the first request)
p.(None): (1) The patient may file the first request due to the allegedly inappropriate attitude of health care workers or health care associates no later than within 15 days from the alleged violation.
p.(None): (2) The patient may submit the first request due to the allegedly inappropriate conduct of healthcare professionals or healthcare associates in the provision of medical care no later than in
p.(None): 30 days after the end of medical care.
p.(None): (3) The patient may file the first request within three months after the expiry of the time limits referred to in the preceding paragraphs, if he learned of the violation later or if the consequences of the violation became apparent later.
p.(None): Article 60
p.(None): (oral request for minutes and written request)
...
Social / Victim of Abuse
Searching for indicator victim:
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p.(None): - patient,
p.(None): - parents or guardian of a child before the age of 15,
p.(None): - parents or guardian for a child after reaching the age of 15, if the information is necessary for the exercise of parental rights or guardianship, and the child is not notified
p.(None): forbade
p.(None): - a person who had the right to consent to medical intervention or medical care, if the patient was not able to make decisions about himself, but only with regard to information about medical care
p.(None): condition related to the medical procedure or medical care to which she has consented,
p.(None): - the court,
p.(None): - other persons, when so provided by law.
p.(None): (3) The doctor may communicate information on the patient's state of health if this is strictly necessary to protect life or prevent serious deterioration of the health of other persons.
p.(None): The doctor must report the suspicion of committing a crime against life and body, a crime against sexual integrity and a crime against marriage, family and
p.(None): youth in which a child was involved as the victim.
p.(None): (4) A patient who has reached the age of 15 has the right to determine in writing on the form referred to in Article 27 of this Act or orally in the presence of two adult witnesses to whom, when and which
p.(None): information on his medical condition may, must or may not be communicated by a doctor or another person authorized by the doctor, unless otherwise provided by law. The same goes for
p.(None): communication of information on the state of health relating to the medical procedure or medical care to which the patient up to the age of 15 was able to consent independently.
p.(None): A statement may be made for an individual medical procedure or medical care or for all future medical procedures or future medical care in an individual
p.(None): healthcare provider.
p.(None): (5) If a patient does not exercise the right under the preceding paragraph or is unable to do so due to his / her health condition, information on his / her health condition may be communicated.
p.(None): persons referred to in the second paragraph of this Article, his immediate family members, close persons and persons who have been in connection with a specific medical procedure or medical
p.(None): care entitled to give consent if the patient was unable to make decisions about himself.
p.(None): (6) In the case referred to in Article 22 of this Act, the persons referred to in the preceding paragraphs of this Article shall not have the right to obtain more information than the patient would have obtained, unless the patient has determined otherwise.
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Social / education
Searching for indicator education:
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p.(None): (1) If the patient pays for the health service in part or in full, the health care provider shall provide him in advance with written information on the estimated costs of health care.
p.(None): services. After the medical service has been provided, the patient receives an invoice for the medical services provided and the medicines and medical devices used.
p.(None): (2) If the patient does not pay for the health care service himself, the health care provider shall inform him after the provided health care service of the bill specified by individual
p.(None): health services, medicines used and medical devices.
p.(None): (3) At the request of the patient, the health care provider is obliged to explain the bill to the patient.
p.(None): 7. The right to decide independently on treatment
p.(None): 7.1 The right to consent to medical care
p.(None): Article 26
p.(None): (consent)
p.(None): (1) The patient has the right to decide independently on treatment, under the conditions determined by law.
p.(None): (2) A patient who is capable of deciding on himself, without his prior free and conscious consent on the basis of the received explanations referred to in Article 20 of this Act, is not allowed to perform
p.(None): medical intervention or medical care, except in cases provided by law.
p.(None): (3) Under the conditions referred to in the preceding paragraph and in the manner and under other conditions determined by law, the consent of the patient is also required in the case of:
p.(None): - participation in the learning process, especially in the presence of other persons during the provision of health care for the purpose of health education, which is regulated by Article 43 of this Act,
p.(None): - use of health data for purposes that do not constitute treatment regulated by Article 44 of this Act,
p.(None): - acquainting third parties with the medical documentation regulated by Article 44 of this Act,
p.(None): - communication of information on the state of health to third parties, which is regulated by Article 45 of this Act,
p.(None): - participation in medical research,
p.(None): - examinations of biological material taken from him, which may be carried out only for the purposes of his treatment, unless any other use of biological material
p.(None): regulated by a special law,
p.(None): - disposal of the body or parts of the body after his death for the purposes of medical education and scientific research, to which the provisions of the law
p.(None): regulates the removal and transplantation of parts of the human body for treatment,
p.(None): - donation of organs, tissues or cells during life and after death, which is regulated by a special law.
p.(None): (4) The patient may give consent orally, by an act or conduct from which it can be reliably concluded that it means consent, or in writing, when so provided by law. Consent is
p.(None): it can also be given for several medical interventions together if they represent a functional whole within the treatment process.
p.(None): (5) For an operative or other medical procedure related to a higher risk or greater burden, the patient's consent must be documented on the form referred to in Article 27 of this Act.
p.(None): (6) When the patient is unable to give written consent, he may also give consent orally in the presence of two adult witnesses, which must be documented on the form referred to in Article 27 of this Act,
p.(None): together with an indication of the reason for the incapacity.
p.(None): (7) If the patient consents to the medical procedure and refuses to give written consent, this fact and any reasons must be documented on the form referred to in Article 27 of this Act and confirmed by
p.(None): by the signature of two adult witnesses.
p.(None): Article 27
p.(None): (consent form)
...
p.(None): (6) The patient has the right to appoint persons who, after his death, may become acquainted with his medical documentation, and persons to whom acquaintance with his medical documentation
p.(None): prohibits documentation. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act. Prohibition or designation of persons may be recorded
p.(None): also in the central record of medical records.
p.(None): 13. The right to privacy and the protection of personal data
p.(None): Article 43
p.(None): (privacy in the provision of health services)
p.(None): (1) Healthcare providers must respect the patient's privacy in all healthcare, in particular his or her moral, cultural, religious, philosophical and other personal
p.(None): beliefs, taking into account medical doctrine.
p.(None): (2) The patient shall be allowed to be present at the medical procedure or medical care only:
p.(None): - healthcare professionals or healthcare associates who perform medical intervention or medical care,
p.(None): - persons for whom he wishes to be present, if this is feasible given the nature of the medical intervention or medical care,
p.(None): - persons who in a specific case have the right to consent to a medical procedure or medical care, if the patient is not able to make decisions about himself and if this is due to the nature
p.(None): medical intervention or medical care feasible,
p.(None): - other persons, if so provided by law.
p.(None): (3) Persons whose presence is necessary for the needs of health education may be present only with the prior consent of the patient. Consent may also be given by persons holding v
p.(None): in a specific case, the right to consent to a medical procedure or medical care if the patient is not able to make decisions about himself.
p.(None): (4) The designation of persons referred to in the second indent of the second paragraph of this Article and the consent referred to in the preceding paragraph must be given in the form required for consent to a specific medical procedure.
p.(None): or medical care.
p.(None): (5) The patient has the right to request the implementation of other appropriate and reasonable measures for the protection of his privacy in medical care.
p.(None): Article 44
p.(None): (protection of personal data)
p.(None): (1) The patient has the right to the confidentiality of personal data, including data on visits to the doctor and other details of his treatment.
p.(None): (2) Patients' health and other personal data must be handled by healthcare professionals and healthcare associates in accordance with the principle of confidentiality and regulations governing the protection
p.(None): personal data.
p.(None): (3) The use and other processing of the patient's health and other personal data for the needs of treatment is also permitted on the basis of the patient's consent or the consent of the persons who
p.(None): they have the right to consent to medical intervention or medical care if the patient is unable to make decisions about himself.
p.(None): (4) The use and other processing of the patient's medical and other personal data outside the medical care procedures is permitted only with his consent or the consent of the persons who
p.(None): they have the right to consent to medical intervention or medical care if the patient is unable to make decisions about himself. After the patient's death, his immediate family members may give their consent,
p.(None): unless the patient has prohibited this in writing.
p.(None): (5) Notwithstanding the provision of the preceding paragraph, the use of the patient's medical and other personal data outside the procedures of medical care may be determined by law.
p.(None): (6) Consent to the use and other processing of personal data pursuant to the third and fourth paragraphs of this Article is not required:
p.(None): - if, for the purposes of epidemiological and other research, education, medical publications or other purposes, the patient's identity cannot be established,
p.(None): - if, for the purposes of monitoring the quality and safety of healthcare, the patient's identity is not identifiable,
p.(None): - where the declaration of a medical condition is required by law,
p.(None): - where, due to treatment needs, the data are passed on to another healthcare provider,
p.(None): - when provided for by another law.
p.(None): (7) Personal data processed in accordance with the third, fourth and fifth paragraphs of this Article must be relevant and appropriate in scope with regard to the purposes for which they are collected and
p.(None): further processed.
p.(None): (8) The patient has the right to designate persons who may be acquainted with his medical documentation and persons to whom access to his medical documentation is prohibited,
p.(None): if this is not contrary to law. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act.
p.(None): Article 45
p.(None): (protection of professional secrecy)
p.(None): (1) Healthcare professionals and healthcare associates, as well as persons to whom data are available due to the nature of their work, shall be obliged to protect, as a professional secret, everything that
p.(None): information about the patient, in particular information about his or her state of health, his or her personal, family and social situation, and information
p.(None): identification, treatment and monitoring of disease or injury (hereinafter: health information).
...
p.(None): - the date of receipt of patients' applications,
p.(None): - the method of resolving the application or performing tasks,
p.(None): - the date of resolution of the agent's tasks.
p.(None): The public can only get acquainted with the records in an anomized form.
p.(None): (2) The representative shall submit a regular annual report to the competent provincial authority, the minister responsible for health and the Ombudsman by 15 March of the current year at the latest.
p.(None): for the previous calendar year.
p.(None): (3) The representative's report is given in an anonymised form and, in addition to statistical data, also contains general findings and recommendations in the field of patients' rights.
p.(None): (4) The competent provincial authority may at any time request an extraordinary report on his work from the representative.
p.(None): Article 81
p.(None): (records of the ministry responsible for health)
p.(None): (1) For the purpose of implementing the protection of patients' rights under this Act and informing the public, the ministry responsible for health shall keep records of representatives, records of the president and
p.(None): members of the Commission and the register of mediators.
p.(None): (2) The register of representatives shall contain the following information:
p.(None): - Personal name,
p.(None): - seat and area of operation,
p.(None): - the date and number of the appointment decision.
p.(None): (3) The records of the President and members of the Commission shall contain the following information:
p.(None): - Personal name,
p.(None): - address of residence and other contact details,
p.(None): - type and level of education,
p.(None): - the organization or body that proposed the appointment of the member.
p.(None): (4) The register of mediators shall contain the following information:
p.(None): - Personal name,
p.(None): - address of residence and other contact details,
p.(None): - type and level of education,
p.(None): - proof of competence as a mediator.
p.(None): (5) The records referred to in this Article shall be public, except for the data referred to in the second indent of the third paragraph and the second indent of the previous paragraph.
p.(None): Article 82
p.(None): (Commission records and reporting)
p.(None): (1) The provisions of the regulations governing administrative operations shall apply to the records of hearings of another request.
p.(None): (2) The Commission must submit a regular annual report for the previous calendar year to the Minister responsible for health and the Ombudsman by 15 March of the current year at the latest.
p.(None): The Commission's report is given in anonymised form and contains, in addition to information on its activities, findings and recommendations in the field of patients' rights. The Commission may also give
p.(None): initiatives to improve the situation in the field of patient rights protection.
p.(None): Article 83
p.(None): (supervision of the agent's work)
p.(None): (1) The representative body of the province shall supervise the work of the representative.
p.(None): (2) On the basis of the regular reports referred to in the second paragraph of Article 80 of this Act and any comments of patients on the work of the representative, supervision over the work of the representatives shall be carried out at least
p.(None): once a year.
p.(None): (3) If, in the exercise of its powers, the representative body of the province establishes that the representative is not worthy of trust due to the identified errors at work, it shall initiate the procedure for his
p.(None): dismissal. Before deciding on dismissal, the representative has the right to respond to the alleged violations.
p.(None): Article 84
...
p.(None): appoint the members of the Commission within five months from the date of entry into force of this Act.
p.(None): Article 91
p.(None): (expiration of other regulations)
p.(None): (1) On the day this Act enters into force, the provisions of Articles 47, 48 and 50, the third paragraph of Article 51, Article 77 and points 7 and 8 of the first paragraph of Article 89 of the Act on
p.(None): health care activities (Official Gazette of the Republic of Slovenia, No. 23/05 - consolidated text) and the provisions of Article 47, the second paragraph of Article 52 and point 8 of Article 81 of the Medical Service Act (Official Gazette
p.(None): RS, no. 72/06 - consolidated text), which shall apply until the entry into force of this Act.
p.(None): (2) The Rules on ordering a specialist examination (Official Gazette of the Republic of Slovenia, No. 72/2000) shall cease to be valid on the day this Act enters into force.
p.(None): Article 92
p.(None): (enforcement and application of the law)
p.(None): This Act shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia, and shall apply six months after its entry into force, except for the provisions of Articles 16 and 17 of this Act.
p.(None): which shall come into force one year after the entry into force of this Act.
p.(None): No. 500-01 / 06-12 / 4
p.(None): Ljubljana, 29 January 2008
p.(None): EPA 1503-IV
p.(None): President of the National Assembly
p.(None): Of the Republic of Slovenia
p.(None): France Cukjati, Ph.D. med., l.r.
p.(None): TABLE OF CONTENTS TOP
p.(None): Stay informed about all our news, promotions and events.
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p.(None): About the Custom Education newsletter
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p.(None): we also use cookies for web purposes
p.(None): analytics and social network integration.
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Social / employees
Searching for indicator employees:
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p.(None): (2) The Senate may grant or reject the second request in part or in full. If the request is granted, it may, in particular, take the following decisions:
p.(None): - order the healthcare provider to rectify the identified irregularities and report on the measures taken,
p.(None): - instruct the healthcare provider to explain to the patient the reasons for the irregularity and to apologize for it,
p.(None): - order the healthcare provider to carry out additional investigations, repetitions, additions or corrections to the healthcare service, if it has been performed inadequately, and to report on the
p.(None): measures
p.(None): - instruct the healthcare provider to take appropriate measures to prevent future infringements and to report on the measures taken,
p.(None): - issue a reprimand to the healthcare provider and, exceptionally, to the direct offender, and may decide that the reprimand issued to the healthcare provider is also publicly
p.(None): published on the Commission's website,
p.(None): - issue a recommendation for action to the health care provider, which may contribute to the effective exercise of the rights referred to in this Act.
p.(None): (3) The Senate may, by a resolution, propose that:
p.(None): - administrative control under the responsibility of the ministry responsible for health,
p.(None): - external professional supervision in accordance with the regulations governing supervision to ensure the professionalism of the work of healthcare professionals or healthcare associates (professional supervision with counseling,
p.(None): carried out by the competent chamber or professional association with a public authorization to perform professional supervision),
p.(None): - financial control performed by the Health Insurance Institute of Slovenia,
p.(None): - disciplinary or other proceedings against the responsible employees of the healthcare provider.
p.(None): (4) Within 30 days after receiving the decision of the senate regarding the initiation of disciplinary or other proceedings against the responsible employees, the health care provider shall decide whether to follow the proposal,
p.(None): the possible rejection of the proposal is explained and the senate and the patient are informed.
p.(None): (5) If the second request is granted, the operative part of the decision, taking into account the nature of the violation, shall unambiguously determine the manner and deadline for eliminating the violation and the decision on the costs of the procedure.
p.(None): (6) The decisions referred to in this Article shall be served on the participants in the dispute and on the representative no later than eight days after the hearing.
p.(None): Article 79
p.(None): (finality of the decision of the senate and legal remedies)
p.(None): (1) The decision of the senate in the procedure of consideration of the second instance is final.
p.(None): (2) There shall be no legal remedies against the decisions and resolutions of the senate by which the procedure for the consideration of the second request ends, but judicial protection may be exercised in an administrative dispute.
p.(None): 3. Mandatory records and reports
p.(None): Article 80
p.(None): (records and reporting of the representative)
p.(None): (1) Representatives are obliged to keep records on the implementation of tasks referred to in Article 49 of this Act, which shall contain in particular information on:
p.(None): - the type of tasks performed by the agent,
p.(None): - the type of alleged infringements it dealt with,
p.(None): - the date of receipt of patients' applications,
p.(None): - the method of resolving the application or performing tasks,
p.(None): - the date of resolution of the agent's tasks.
p.(None): The public can only get acquainted with the records in an anomized form.
...
Social / gender
Searching for indicator gender:
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p.(None): - the right to information and participation,
p.(None): - the right to decide independently on treatment,
p.(None): - the right to have one's will expressed in advance,
p.(None): - the right to prevent and alleviate suffering,
p.(None): - the right to a second opinion,
p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
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Social / parents
Searching for indicator parent:
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p.(None): (4) For an operative or other medical procedure related to a higher risk or higher load, or a medical procedure that may have significant consequences for the child,
p.(None): requires the consent of both parents, except when:
p.(None): - one of the parents is unknown or has an unknown residence,
p.(None): - one of the parents is deprived of parental rights,
p.(None): - one of the parents is unable to give an opinion in time due to the temporary suspension of the opinion without the risk of serious health damage to the child,
p.(None): - one of the parents does not meet the conditions required for the patient's ability to make decisions about himself.
p.(None): (5) The provisions of Article 27 of this Act, which apply to consent, shall apply to consent under the preceding paragraph.
p.(None): (6) When a parent is informed about an operative or other medical intervention related to a higher risk or greater burden, or a medical intervention that may have
p.(None): important consequences for the child, they cannot decide by mutual consent, they may propose that they be assisted or decided by the body responsible for this under the regulations governing family
p.(None): relationships.
p.(None): (7) For other medical interventions or medical care that do not constitute the interventions or care referred to in the preceding paragraph, the consent may be given by the parent who, when
p.(None): consent given, present. If both are present and do not agree, the doctor obtains the consent of the council for the greatest possible benefit of the child, and if this is not possible, from another doctor who has not yet
p.(None): was and will not be included in the patient’s treatment later. The decision on the form referred to in Article 27 of this Act shall be signed by one of the parents who agrees to the medical procedure or
p.(None): medical care, and members of the council or the doctor who gave the consent.
p.(None): (8) When a child has the right to decide on his or her health care, other persons have the right to take into account his or her opinion as much as possible, if he or she is able to express it and understands it.
p.(None): its significance and consequences.
p.(None): (9) In the manner specified in the preceding paragraphs, the child shall also exercise other rights referred to in Article 5 of this Act, unless this Act provides otherwise.
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
p.(None): Emergency medical care can also be provided when it is refused by a parent or guardian.
p.(None): Article 37
p.(None): (patients with mental health problems)
p.(None): (1) When a patient is unable to consent to a medical procedure due to mental health problems or another cause that affects the ability to judge, this may be performed only if he is
p.(None): authorized by the legal representative.
p.(None): (2) If the patient referred to in the preceding paragraph does not have a legal representative, the healthcare provider shall inform the competent authority for the commencement of the procedure for the appointment of a legal representative.
p.(None): (3) If the doctor finds that the legal representative does not decide in the best medical interest of the patient, he shall inform the body that appointed the legal representative in order to ensure adequate
p.(None): representation.
p.(None): (4) As long as the patient referred to in the first paragraph of this Article has not been appointed a legal representative, consent to medical intervention or medical care may be given by persons who are capable of
p.(None): self-determination and have reached the age of 18 in the following exclusive order:
p.(None): - the patient's spouse, common-law or same-sex partner,
p.(None): - the patient's children or adopted children,
p.(None): - the patient's parents or adoptive parents,
p.(None): - the patient's siblings,
p.(None): - the patient's grandparents,
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p.(None): individual patient.
p.(None): 9. Mediation is a form of alternative dispute resolution with the help of one or two independent and impartial experts who cannot issue a binding decision but with their own
p.(None): by acting in an informal procedure, they help the participants to reach an agreement that resolves the dispute or newly regulates mutual relations.
p.(None): 10. Medical intervention is any treatment that has a preventive, diagnostic, therapeutic or rehabilitation purpose and is performed by a doctor, other healthcare professional or a healthcare professional.
p.(None): collaborator.
p.(None): 11. The network of public health service providers are all public and private health service providers who, on the basis of the founding act or concession and the contract with the Institute for
p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
p.(None): 13. Vulnerable groups are those social groups to which additional attention and care is given in health care for health or social reasons.
p.(None): 14. A child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity.
p.(None): 15. The patient's immediate family members are the spouse, common-law partner, same-sex partner, parents, adoptive parents, grandparents, children or adopted children, grandchildren and siblings.
p.(None): 16. A patient is a patient or other user of health services in relation to health care workers and health care associates or health care providers, regardless of
p.(None): your health condition.
p.(None): 17. Reasonable time is time not exceeding a period acceptable from the point of view of an objective medical assessment of the patient's clinical needs in the light of his medical condition, medical history,
p.(None): the likely development of the disease, the degree of pain or the nature of the disability at the time the right is exercised.
p.(None): 18. Serious health damage is a severe deterioration in the patient's physical or mental health that jeopardizes the expected favorable treatment outcomes.
p.(None): 19. The ability to decide on oneself is the patient's ability to independently exercise the rights under this Act, in particular to decide on the implementation of a medical procedure or medical
p.(None): care. A patient is able to make decisions about himself if he is able to understand the meaning and consequences of exercising according to age, maturity, medical condition or other personal circumstances.
p.(None): rights under this Act, in particular the consent, refusal or revocation of the refusal of a medical procedure or medical care.
p.(None): 20. A professional standard is a recommendation adopted by the competent professional body of an individual health profession in order to achieve the optimal level of regulation in a certain field.
p.(None): 21. Medical activity is an activity determined by a special law.
...
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
p.(None): (3) Medical care for children shall be provided in accordance with their age and state of health:
p.(None): - in children's wards, unless this is not possible for objective reasons,
p.(None): - without unnecessary medical interventions and actions that could cause physical or emotional distress to children,
p.(None): By ensuring that the emotional and physical needs of children are met, and
p.(None): - by providing opportunities for children to relax, play and educate.
p.(None): (4) Children have the right to permanent accompaniment of one of the parents or another person caring for the child during inpatient and other medical care, unless reasons are given,
p.(None): which would not be in the best interests of the child.
p.(None): (5) In the case of inpatient medical care for children, the right referred to in the preceding paragraph shall also be provided in the form of accommodation of one of the parents or another person caring for the child, in accordance with
p.(None): with regulations in the field of health insurance.
p.(None): (6) If the right to accommodation of one of the parents or another person caring for a child is not a right from health insurance, the providers of health services shall provide compensation
p.(None): accommodation at the request of one of the parents or another person caring for the child. In this case, the health care provider in the network of public health care providers may only charge
p.(None): material costs of accommodation, the amount of which is prescribed by the Minister (hereinafter: the Minister) responsible for health.
p.(None): (7) If the healthcare provider is unable to ensure the right referred to in the preceding paragraph due to limited space capacity, priority shall be given to accommodation of one of the parents or
p.(None): the other person caring for the child assesses the existence of special needs according to the age of the child, the local distance from the residence of the child or parents or another person caring for the child
p.(None): the child and his state of health.
p.(None): 3. The right to freely choose a doctor and a healthcare provider
p.(None): Article 9
p.(None): (free choice)
p.(None): (1) The patient has the right to freely choose the doctor and the healthcare provider to whom he will entrust his treatment.
p.(None): (2) Notwithstanding the provision of the preceding paragraph, the patient in the network of public health service providers has the right to freely choose a doctor and a health service provider in accordance with
p.(None): regulations in the field of health insurance.
p.(None): Article 10
p.(None): (exception to free choice)
p.(None): The doctor and the healthcare provider chosen by the patient may, provided that there is no emergency medical care, refuse the patient's choice only in specially justified
p.(None): cases where treatment is expected to be less successful or impossible or where provided by law. He must suggest to the patient the choice of another doctor and provider
p.(None): health services and explain the reasons for refusal in writing within eight days of the patient's choice.
p.(None): 4. The right to adequate, quality and safe health care
p.(None): Article 11
p.(None): (appropriate, quality and safe health care)
p.(None): (1) The patient has the right to adequate, quality and safe medical care in accordance with medical doctrine.
p.(None): (2) Appropriate medical care is that which is in accordance with the patient's needs and the capabilities of the health care system in the Republic of Slovenia and is based on simple, transparent and
p.(None): friendly administrative procedures and establishes a relationship of cooperation and trust with the patient.
...
p.(None): (4) The will expressed in advance must be documented on the form referred to in Article 27 of this Act.
p.(None): (5) The selected personal physician and the patient's rights representative shall instruct the patient in detail about the meaning and consequences of his / her decision before declaring a pre-expressed will. Finding
p.(None): the identity of the patient, the findings regarding the fulfillment of the conditions referred to in the first paragraph of this Article, the basic explanations and the signatures of the patient, the chosen personal physician and the representative
p.(None): patients' rights are an integral part of the form referred to in Article 27 of this Act.
p.(None): (6) The written statement referred to in the first paragraph of this Article shall be valid for five years and the patient may revoke it at any time with a written statement, regardless of the ability to decide on himself.
p.(None): (7) The information that the patient has made a statement under this Article shall be accessible to the doctor via the information system of the health insurance card or the central medical records.
p.(None): documentation. The procedure for recording and deleting data, storage and the procedure for acquainting oneself with the statement shall be prescribed by the minister responsible for health.
p.(None): 9. A special way of exercising the rights of patients who are not capable of making decisions about themselves
p.(None): Article 35
p.(None): (children)
p.(None): (1) When a child is unable to consent to a medical procedure or medical care, this may be performed only if his or her parents or guardian (in
p.(None): hereinafter: the administrator). The same applies to special types of consent referred to in the third paragraph of Article 26 of this Act, unless otherwise provided by law.
p.(None): (2) A child up to the age of 15 shall be deemed incapable of consent, unless the doctor, in view of the child's maturity, assesses that he is capable of doing so, taking into account the circumstances
p.(None): ability to make decisions about oneself, usually consults with parents or guardians. A child who has reached the age of 15 is considered to be capable of consent, unless the doctor
p.(None): assesses the child's maturity that he is not capable of doing so, and as a rule he consults with the parents or guardian regarding the circumstances that speak about the ability to decide about himself.
p.(None): (3) The parents shall, as a rule, decide on the consent referred to in this Article by agreement.
p.(None): (4) For an operative or other medical procedure related to a higher risk or higher load, or a medical procedure that may have significant consequences for the child,
p.(None): requires the consent of both parents, except when:
p.(None): - one of the parents is unknown or has an unknown residence,
p.(None): - one of the parents is deprived of parental rights,
p.(None): - one of the parents is unable to give an opinion in time due to the temporary suspension of the opinion without the risk of serious health damage to the child,
p.(None): - one of the parents does not meet the conditions required for the patient's ability to make decisions about himself.
p.(None): (5) The provisions of Article 27 of this Act, which apply to consent, shall apply to consent under the preceding paragraph.
p.(None): (6) When a parent is informed about an operative or other medical intervention related to a higher risk or greater burden, or a medical intervention that may have
p.(None): important consequences for the child, they cannot decide by mutual consent, they may propose that they be assisted or decided by the body responsible for this under the regulations governing family
p.(None): relationships.
p.(None): (7) For other medical interventions or medical care that do not constitute the interventions or care referred to in the preceding paragraph, the consent may be given by the parent who, when
p.(None): consent given, present. If both are present and do not agree, the doctor obtains the consent of the council for the greatest possible benefit of the child, and if this is not possible, from another doctor who has not yet
p.(None): was and will not be included in the patient’s treatment later. The decision on the form referred to in Article 27 of this Act shall be signed by one of the parents who agrees to the medical procedure or
p.(None): medical care, and members of the council or the doctor who gave the consent.
p.(None): (8) When a child has the right to decide on his or her health care, other persons have the right to take into account his or her opinion as much as possible, if he or she is able to express it and understands it.
p.(None): its significance and consequences.
p.(None): (9) In the manner specified in the preceding paragraphs, the child shall also exercise other rights referred to in Article 5 of this Act, unless this Act provides otherwise.
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
p.(None): Emergency medical care can also be provided when it is refused by a parent or guardian.
p.(None): Article 37
p.(None): (patients with mental health problems)
p.(None): (1) When a patient is unable to consent to a medical procedure due to mental health problems or another cause that affects the ability to judge, this may be performed only if he is
p.(None): authorized by the legal representative.
p.(None): (2) If the patient referred to in the preceding paragraph does not have a legal representative, the healthcare provider shall inform the competent authority for the commencement of the procedure for the appointment of a legal representative.
p.(None): (3) If the doctor finds that the legal representative does not decide in the best medical interest of the patient, he shall inform the body that appointed the legal representative in order to ensure adequate
p.(None): representation.
p.(None): (4) As long as the patient referred to in the first paragraph of this Article has not been appointed a legal representative, consent to medical intervention or medical care may be given by persons who are capable of
p.(None): self-determination and have reached the age of 18 in the following exclusive order:
p.(None): - the patient's spouse, common-law or same-sex partner,
p.(None): - the patient's children or adopted children,
p.(None): - the patient's parents or adoptive parents,
p.(None): - the patient's siblings,
p.(None): - the patient's grandparents,
p.(None): - the patient's grandchildren.
p.(None): (5) If the persons referred to in an individual indent of the preceding paragraph do not reach an agreement on the performance of a medical procedure or medical care, the doctor treating him shall decide thereon.
p.(None): taking into account the opinions given and the patient’s greatest health benefit.
p.(None): (6) The provisions of the preceding paragraphs shall also apply mutatis mutandis to the consents referred to in the third paragraph of Article 26 of this Act.
p.(None): (7) In the manner specified in this Article, the patient referred to in the first paragraph of this Article shall also exercise other rights referred to in Article 5 of this Act, unless otherwise provided by law.
p.(None): (8) The legal representative and other persons referred to in the fourth paragraph of this Article may not refuse emergency medical assistance to a patient with mental health problems.
p.(None): Article 38
p.(None): (temporary inability to decide for oneself)
p.(None): (1) When the patient is temporarily unable to make decisions about himself, the provisions of the first, fourth, fifth and sixth paragraphs of the previous article shall apply.
p.(None): (2) In the manner specified in this Article, a patient who is temporarily incapable of deciding on himself shall also exercise other rights referred to in Article 5 of this Act, unless the Act provides otherwise.
p.(None): (3) The legal representative and other persons referred to in the fourth paragraph of the previous article may not refuse emergency medical care to a patient who is temporarily incapable of deciding on himself.
...
p.(None): (8) In exercising the right under this Article, the provisions of the first paragraph of Article 22 of this Act must also be taken into account.
p.(None): (9) Based on the reasonably applicable provisions of the preceding paragraphs of this Article, the patient has the right to independent access to his / her electronic health record and data.
p.(None): in the information system of the health insurance card, if the health system allows it.
p.(None): (10) In case of violation of the provision of this Article, the patient and other entitled persons have the right to file a complaint with the Information Commissioner. For the procedure before the Information
p.(None): In addition to the provisions of the law governing the general administrative procedure, the provisions of Articles 10, 11 and 12 of the Information Commissioner Act (Official
p.(None): list RS, no. 113/05 and 51/07 - ZUstS-A). The healthcare provider is considered to be the first instance body in this procedure. The provisions of this paragraph shall also apply to proceedings under
p.(None): the fifth paragraph of Article 42 and the seventh paragraph of Article 45 of this Act.
p.(None): Article 42
p.(None): (acquaintance with medical documentation after the patient's death)
p.(None): (1) After the patient's death, the persons authorized by law to process the data and the persons for whom the data is authorized have the right to be acquainted with his medical documentation.
p.(None): the patient has previously given explicit consent in writing.
p.(None): (2) After the patient's death, the patient's spouse, common-law partner, same-sex partner, children and
p.(None): adoptees, in the absence of such persons, and the patient's parents. The persons referred to in the previous sentence shall be granted only access to those data which are necessary for the achievement of the lawful purpose of acquaintance.
p.(None): Persons referred to in the first sentence who wish to become acquainted with the medical records created at a time when the deceased patient was unable to make decisions about himself and this condition was uninterrupted
p.(None): continued until his death, they must show a legal interest in obtaining information. Other persons who prove this can also get acquainted with the medical documentation of the deceased patient
p.(None): legal interest by means of an appropriate document, giving them only access to the information necessary to assert their legal interest.
p.(None): (3) The request for acquaintance of the persons referred to in the preceding paragraph shall be rejected in part or in full if so provided by law or if the patient is informed before death in writing or orally in the presence of two
p.(None): witnesses expressly prohibited.
p.(None): (4) Notwithstanding the explicit prohibition of a deceased patient, they have the right to be acquainted with the medical documentation in the part referring to the reasons that may significantly affect the
p.(None): their health, the patient's parents, the patient's descendants up to any knee, the patient's spouse, common-law or same-sex partner, siblings or others
p.(None): persons who have been in a special relationship with a deceased patient and prove this with certainty. Pairing is done through the patient’s chosen personal physician or the physician who was
p.(None): otherwise involved in the treatment process, if not, the doctor is determined by the health care provider who has the patient's medical records.
p.(None): (5) The provider of health services shall decide on the request for information within 15 days of receiving the reasoned request. If the request is rejected in part or in full, the persons referred to in
p.(None): the second and fourth paragraphs of this Article, the right to file a complaint with the Information Commissioner.
p.(None): (6) The patient has the right to appoint persons who, after his death, may become acquainted with his medical documentation, and persons to whom acquaintance with his medical documentation
p.(None): prohibits documentation. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act. Prohibition or designation of persons may be recorded
p.(None): also in the central record of medical records.
p.(None): 13. The right to privacy and the protection of personal data
p.(None): Article 43
p.(None): (privacy in the provision of health services)
p.(None): (1) Healthcare providers must respect the patient's privacy in all healthcare, in particular his or her moral, cultural, religious, philosophical and other personal
p.(None): beliefs, taking into account medical doctrine.
p.(None): (2) The patient shall be allowed to be present at the medical procedure or medical care only:
...
p.(None): - where, due to treatment needs, the data are passed on to another healthcare provider,
p.(None): - when provided for by another law.
p.(None): (7) Personal data processed in accordance with the third, fourth and fifth paragraphs of this Article must be relevant and appropriate in scope with regard to the purposes for which they are collected and
p.(None): further processed.
p.(None): (8) The patient has the right to designate persons who may be acquainted with his medical documentation and persons to whom access to his medical documentation is prohibited,
p.(None): if this is not contrary to law. The right referred to in this paragraph shall be exercised in the manner and under the conditions determined by Article 45 of this Act.
p.(None): Article 45
p.(None): (protection of professional secrecy)
p.(None): (1) Healthcare professionals and healthcare associates, as well as persons to whom data are available due to the nature of their work, shall be obliged to protect, as a professional secret, everything that
p.(None): information about the patient, in particular information about his or her state of health, his or her personal, family and social situation, and information
p.(None): identification, treatment and monitoring of disease or injury (hereinafter: health information).
p.(None): (2) The duties of protecting information on the patient's health condition may be performed by a healthcare professional or healthcare associate or another person to whom this information is available due to
p.(None): nature of their work, resolve:
p.(None): - patient,
p.(None): - parents or guardian of a child before the age of 15,
p.(None): - parents or guardian for a child after reaching the age of 15, if the information is necessary for the exercise of parental rights or guardianship, and the child is not notified
p.(None): forbade
p.(None): - a person who had the right to consent to medical intervention or medical care, if the patient was not able to make decisions about himself, but only with regard to information about medical care
p.(None): condition related to the medical procedure or medical care to which she has consented,
p.(None): - the court,
p.(None): - other persons, when so provided by law.
p.(None): (3) The doctor may communicate information on the patient's state of health if this is strictly necessary to protect life or prevent serious deterioration of the health of other persons.
p.(None): The doctor must report the suspicion of committing a crime against life and body, a crime against sexual integrity and a crime against marriage, family and
p.(None): youth in which a child was involved as the victim.
p.(None): (4) A patient who has reached the age of 15 has the right to determine in writing on the form referred to in Article 27 of this Act or orally in the presence of two adult witnesses to whom, when and which
...
p.(None): (2) The provisions of this Act governing the procedures for the protection of patients' rights shall be without prejudice to the regulations governing supervision to ensure the professionalism of the work of healthcare professionals and
p.(None): healthcare professionals and healthcare providers.
p.(None): (3) The provisions of regulations in the field of health insurance shall apply to violations of health insurance rights.
p.(None): Article 48
p.(None): (general procedural principles)
p.(None): (1) Procedures for the protection of patients' rights must ensure:
p.(None): - patient information and support,
p.(None): - simple, transparent, fast and efficient resolution,
p.(None): - free advice and assistance from a patient rights representative,
p.(None): - impartiality and fairness of treatment,
p.(None): - adequate on-going documentation of the participants' procedural actions,
p.(None): - resolving and terminating the proceedings where they arose,
p.(None): - as a rule, an oral hearing,
p.(None): - exclusion of the public,
p.(None): - opportunities for peaceful settlement of disputes.
p.(None): (2) With regard to the issue of procedural capacity in procedures for the protection of patients' rights, the provisions of this Act shall apply mutatis mutandis to patients who are not capable of deciding on themselves.
p.(None): they regulate a special way of exercising the rights of patients who are incapable of making decisions about themselves. Where the child's parents decide to institute proceedings, an amicable decision is not required.
p.(None): (3) The introduction of procedures may also be requested by close family members or close persons, if the patient agrees. After the patient's death, the introduction of procedures may require the patient's immediate
p.(None): family members.
p.(None): (4) Patients referred to in the second paragraph of this Article have the right to ensure their participation in the proceedings for the violation of their rights to the greatest extent possible and to take into account their
p.(None): opinion if they are able to express it and if they understand its meaning and consequences.
p.(None): (5) The exercise of violations of patients' rights under this Act is not a condition for the exercise of the right to possible judicial protection.
p.(None): 15. The right to free assistance in the exercise of patients' rights
p.(None): Article 49
p.(None): (powers of the patient's rights representative)
p.(None): (1) In exercising the rights under this Act, the patient is advised, assisted or represented by the patient's rights representative (hereinafter: the representative), in particular by:
p.(None): - advise the patient in an appropriate manner on the content of the rights, methods and possibilities of exercising them in the period before or during the treatment and when these are violated,
p.(None): - provides concrete guidelines for the exercise of rights and proposes possible solutions,
p.(None): - offers the patient assistance in filing legal remedies under this Act,
p.(None): - make the necessary inquiries for the patient regarding alleged infringements by healthcare providers,
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Social / philosophical differences/differences of opinion
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p.(None): ON PATIENT RIGHTS (ZPacP)
p.(None): I. GENERAL PROVISIONS
p.(None): Article 1
p.(None): (subject and purpose of the law)
p.(None): (1) This Act determines the rights that the patient (hereinafter: the patient) has as a user (hereinafter: the user)
p.(None): health services for all providers (hereinafter: providers) of health services, the procedures for exercising these rights when they are violated, and thus
p.(None): rights-related duties.
p.(None): (2) The purpose of this Act is to enable equal, appropriate, quality and safe medical care based on trust and respect between the patient and the doctor or
p.(None): a doctor (hereinafter: doctor) or other health care worker (hereinafter: health care worker) and health care associates or
p.(None): associate (hereinafter: medical associate).
p.(None): (3) The rights from health insurance and the manner of their exercise shall be determined by a special law.
p.(None): Article 2
p.(None): (meaning of terms)
p.(None): The individual terms used in this Act have the following meaning:
p.(None): 1. Close persons are other persons outside the circle of close family members who are in a confidential relationship with the patient and at least are likely to demonstrate this quality.
p.(None): 2. The waiting period is the expected period from entry on the waiting list to the actual start of treatment, expressed in days or months.
p.(None): 3. Waiting time is the difference between the pre-agreed time of the beginning of the provision of the health service and its actual start, expressed in minutes.
p.(None): 4. A waiting list is an electronically or manually managed database of the order of patients enrolled in succession awaiting treatment or the exercise of the right to
p.(None): health services for which a waiting period occurs.
p.(None): 5. The second opinion shall be the opinion given by the doctor of the relevant specialty or council of the same or
p.(None): another healthcare provider. A doctor or a member of the council giving a second opinion may not be a person who has been or will be directly involved in the process
p.(None): treatment.
p.(None): 6. Healthcare providers are natural or legal persons governed by public or private law who provide healthcare services.
p.(None): 7. A public health institution is a health center, pharmacy, hospital and other form of health organization in accordance with the laws governing health and pharmacy activities.
p.(None): 8. A council is a consultation of two or more doctors, with the same or another health care provider, regarding the diagnosis and other aspects of treatment or medical care.
p.(None): individual patient.
p.(None): 9. Mediation is a form of alternative dispute resolution with the help of one or two independent and impartial experts who cannot issue a binding decision but with their own
p.(None): by acting in an informal procedure, they help the participants to reach an agreement that resolves the dispute or newly regulates mutual relations.
p.(None): 10. Medical intervention is any treatment that has a preventive, diagnostic, therapeutic or rehabilitation purpose and is performed by a doctor, other healthcare professional or a healthcare professional.
p.(None): collaborator.
p.(None): 11. The network of public health service providers are all public and private health service providers who, on the basis of the founding act or concession and the contract with the Institute for
p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
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p.(None): Article 4
p.(None): (exercising and restricting patients' rights)
p.(None): (1) The provisions of this Act are without prejudice to the patient's rights determined by other laws and international treaties binding on the Republic of Slovenia.
p.(None): (2) Patients' rights determined by this Act shall be exercised by all health care providers within the framework of modern medical doctrine, professional standards and norms, and
p.(None): development of the health care system in the Republic of Slovenia.
p.(None): (3) The patient's rights, which are determined by this Act and are at the same time linked to the health insurance system, shall be exercised within the framework of regulations in the field of health insurance.
p.(None): (4) Patients' rights may be restricted by laws in the field of ensuring public safety and public health and when the rights of other persons would be endangered.
p.(None): II. PATIENT RIGHTS
p.(None): Article 5
p.(None): (list of patients' rights)
p.(None): The patient's rights regulated by this law are:
p.(None): - the right to access healthcare and the provision of preventive services,
p.(None): - the right to equal access and treatment in healthcare,
p.(None): - the right to freely choose a doctor and a healthcare provider,
p.(None): - the right to adequate, high-quality and safe healthcare,
p.(None): - the right to respect for the patient's time,
p.(None): - the right to information and participation,
p.(None): - the right to decide independently on treatment,
p.(None): - the right to have one's will expressed in advance,
p.(None): - the right to prevent and alleviate suffering,
p.(None): - the right to a second opinion,
p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
...
p.(None): data from the first paragraph of the previous article, except for the data from point 4 of the first paragraph of the previous article, is constantly exchanged with the Institute of Public Health of the Republic of Slovenia (in
p.(None): hereinafter: the Institute).
p.(None): (2) The Institute on the basis of data from the central population register, databases maintained by it on the basis of the law governing databases in the field of health care, and
p.(None): data communicated from the previous paragraph to health care providers in the network of public health care providers in accordance with the law governing the protection of personal data,
p.(None): updates patient data and reconciles patient data on multiple waiting lists with different healthcare providers and patients who have been
p.(None): health service already provided.
p.(None): (3) The Health Insurance Institute of Slovenia shall also obtain the data referred to in the preceding paragraph and the data referred to in Article 15 of this Act for the purposes of supervision and financing of programs.
p.(None): Article 17
p.(None): (national waiting list)
p.(None): (1) The Institute shall keep a national waiting list on the basis of the data referred to in the previous article for the purposes of informing patients, exchanging data with healthcare providers,
p.(None): management of the health care system and other purposes in accordance with the law governing health records.
p.(None): (2) The Institute shall publicly publish statistical data on waiting times.
p.(None): Article 18
p.(None): (specialist outpatient examination)
p.(None): (1) A patient who has been referred by a selected personal physician for a specialist outpatient examination for further medical care or to obtain a more detailed expert opinion,
p.(None): has the right to an inspection within a reasonable time.
p.(None): (2) In addition to diagnostic data, the expert opinion shall also contain a proposal for further treatment.
p.(None): (3) The patient shall receive a written expert opinion at the end of the examination or no later than within three working days after the examination. In urgent cases, a written expert opinion is required
p.(None): inform the patient immediately.
p.(None): 6. Right to information and participation
p.(None): Article 19
p.(None): (method of communication)
p.(None): The patient has the right to be spoken or otherwise communicated with by healthcare professionals and healthcare associates in the Slovene language or in the language of the national community in the areas.
p.(None): local communities, where in addition to Slovene, the official language is also Italian or Hungarian.
p.(None): Article 20
p.(None): (patient information and duty to explain)
p.(None): (1) In order to exercise the right to make independent decisions about treatment and the right to participate in the treatment process, the patient has the right to be informed about:
p.(None): - his state of health and probable development and the consequences of the illness or injury,
p.(None): - the purpose, type, method of implementation, probability of success and expected benefits and outcome of the proposed medical procedure or proposed treatment,
p.(None): - possible risks, side effects, negative consequences and other inconveniences of the proposed medical procedure or proposed treatment, including the consequences
p.(None): his omissions,
p.(None): - any other treatment options,
p.(None): - procedures and methods of treatment that are not available in the Republic of Slovenia or are not rights from compulsory health insurance.
p.(None): (2) The explanations referred to in the preceding paragraph must be explained to the patient by the doctor responsible for the treatment in direct contact, in a considerate manner, in a manner understandable to the patient or in accordance with
...
p.(None): heavier workload, the patient may be performed without his consent under the following conditions:
p.(None): - the patient is unable to make decisions about himself,
p.(None): - the doctor did not know and could not have known that the patient, the patient's medical representative (hereinafter: the patient's medical representative),
p.(None): patients' legal representative (hereinafter: legal representative) or another person who may give consent by law, objected to the procedure,
p.(None): The consent of the persons referred to in the previous indent could not be obtained within a reasonable time, and
p.(None): - medical intervention or medical care for the patient will be of the greatest medical benefit.
p.(None): 7.3 The right to refuse medical care
p.(None): Article 30
p.(None): (rejection)
p.(None): (1) A patient who is capable of deciding on himself has the right to refuse the proposed medical intervention or medical care, except when this would endanger life or seriously endanger
p.(None): the health of others.
p.(None): (2) If the doctor treating the patient assesses that the patient's decision is contrary to his best medical benefit and the refusal could endanger his life or cause
p.(None): irreversible and severe deterioration of his health, he must try to persuade the patient and, if necessary, ask the patient's immediate family members for help.
p.(None): or suggest that the patient obtain a second opinion.
p.(None): (3) The refusal of a medical procedure or medical care may not have consequences in the attitude of healthcare professionals or healthcare associates towards the patient.
p.(None): (4) For operative or other medical interventions related to a greater risk or greater burden, the refusal shall be documented on the form referred to in Article 27 of this Act.
p.(None): Article 31
p.(None): (revocation of consent or refusal)
p.(None): (1) The patient has the right to revoke the consent to medical intervention or medical care at any time under the conditions referred to in the first paragraph of the previous article.
p.(None): (2) The patient has the right to revoke the refusal of medical intervention or medical care at any time under the conditions referred to in Article 26 of this Act.
p.(None): 8. The right to have one's will expressed in advance
p.(None): Article 32
p.(None): (patient's medical representative)
p.(None): (1) A patient who is capable of deciding on himself and has reached the age of 18 may appoint a person who, in the event and for the time of his inability to decide on himself, will decide on his
p.(None): health care and other rights under this Act (hereinafter: the patient's medical representative).
p.(None): (2) The patient's medical representative may be a person who is capable of making decisions about himself and who has reached 18 years of age. The patient's medical representative has the right to be informed
p.(None): with the patient's medical records and his medical condition, and explanations that are important for deciding on medical care.
...
p.(None): ability to make decisions about oneself, usually consults with parents or guardians. A child who has reached the age of 15 is considered to be capable of consent, unless the doctor
p.(None): assesses the child's maturity that he is not capable of doing so, and as a rule he consults with the parents or guardian regarding the circumstances that speak about the ability to decide about himself.
p.(None): (3) The parents shall, as a rule, decide on the consent referred to in this Article by agreement.
p.(None): (4) For an operative or other medical procedure related to a higher risk or higher load, or a medical procedure that may have significant consequences for the child,
p.(None): requires the consent of both parents, except when:
p.(None): - one of the parents is unknown or has an unknown residence,
p.(None): - one of the parents is deprived of parental rights,
p.(None): - one of the parents is unable to give an opinion in time due to the temporary suspension of the opinion without the risk of serious health damage to the child,
p.(None): - one of the parents does not meet the conditions required for the patient's ability to make decisions about himself.
p.(None): (5) The provisions of Article 27 of this Act, which apply to consent, shall apply to consent under the preceding paragraph.
p.(None): (6) When a parent is informed about an operative or other medical intervention related to a higher risk or greater burden, or a medical intervention that may have
p.(None): important consequences for the child, they cannot decide by mutual consent, they may propose that they be assisted or decided by the body responsible for this under the regulations governing family
p.(None): relationships.
p.(None): (7) For other medical interventions or medical care that do not constitute the interventions or care referred to in the preceding paragraph, the consent may be given by the parent who, when
p.(None): consent given, present. If both are present and do not agree, the doctor obtains the consent of the council for the greatest possible benefit of the child, and if this is not possible, from another doctor who has not yet
p.(None): was and will not be included in the patient’s treatment later. The decision on the form referred to in Article 27 of this Act shall be signed by one of the parents who agrees to the medical procedure or
p.(None): medical care, and members of the council or the doctor who gave the consent.
p.(None): (8) When a child has the right to decide on his or her health care, other persons have the right to take into account his or her opinion as much as possible, if he or she is able to express it and understands it.
p.(None): its significance and consequences.
p.(None): (9) In the manner specified in the preceding paragraphs, the child shall also exercise other rights referred to in Article 5 of this Act, unless this Act provides otherwise.
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
p.(None): Emergency medical care can also be provided when it is refused by a parent or guardian.
p.(None): Article 37
p.(None): (patients with mental health problems)
p.(None): (1) When a patient is unable to consent to a medical procedure due to mental health problems or another cause that affects the ability to judge, this may be performed only if he is
p.(None): authorized by the legal representative.
p.(None): (2) If the patient referred to in the preceding paragraph does not have a legal representative, the healthcare provider shall inform the competent authority for the commencement of the procedure for the appointment of a legal representative.
p.(None): (3) If the doctor finds that the legal representative does not decide in the best medical interest of the patient, he shall inform the body that appointed the legal representative in order to ensure adequate
p.(None): representation.
p.(None): (4) As long as the patient referred to in the first paragraph of this Article has not been appointed a legal representative, consent to medical intervention or medical care may be given by persons who are capable of
...
p.(None): (8) The legal representative and other persons referred to in the fourth paragraph of this Article may not refuse emergency medical assistance to a patient with mental health problems.
p.(None): Article 38
p.(None): (temporary inability to decide for oneself)
p.(None): (1) When the patient is temporarily unable to make decisions about himself, the provisions of the first, fourth, fifth and sixth paragraphs of the previous article shall apply.
p.(None): (2) In the manner specified in this Article, a patient who is temporarily incapable of deciding on himself shall also exercise other rights referred to in Article 5 of this Act, unless the Act provides otherwise.
p.(None): (3) The legal representative and other persons referred to in the fourth paragraph of the previous article may not refuse emergency medical care to a patient who is temporarily incapable of deciding on himself.
p.(None): 10. The right to prevent and alleviate suffering
p.(None): Article 39
p.(None): (prevention and alleviation of suffering)
p.(None): (1) The patient has the right to take all necessary measures without delay to eliminate or, as far as possible, alleviate the pain and other suffering associated with his illness.
p.(None): (2) The patient has the right to prevent unnecessary pain and other suffering related to medical intervention in his health care according to professional standards.
p.(None): (3) A patient in the final stage of the disease and a patient with an incurable disease that causes severe suffering shall have the right to palliative care.
p.(None): 11. Right to a second opinion
p.(None): Article 40
p.(None): (obtaining a second opinion)
p.(None): (1) The patient has the right to obtain a second opinion at any time.
p.(None): (2) The patient has the right to obtain a second opinion within a reasonable time within the network of providers of public health services in the treatment at the secondary and tertiary level.
p.(None): (3) The right referred to in the preceding paragraph may be exercised at most once for the assessment of the same health condition. Before exercising this right, the patient and the doctor treating him must perform
p.(None): a thorough discussion of the reasons, purpose and necessity of obtaining a second opinion, on the basis of which the patient assesses whether he will exercise the right to a second opinion.
p.(None): (4) The patient shall exercise the right referred to in the second paragraph of this Article with the healthcare provider with whom he is being treated. If the healthcare provider is unable to guarantee this right,
p.(None): ensure the exercise of the patient's right to another health care provider within the network of public health service providers to whom he provides the necessary health care
p.(None): documentation.
p.(None): 12. The right to be acquainted with medical documentation
p.(None): Article 41
p.(None): (method of acquaintance with medical documentation)
p.(None): (1) In the presence of a doctor or other health care professional or health care associate, the patient has the right to unimpeded access and transcription of the health care
p.(None): documentation relating to him. Photocopying or other reproduction of medical records must be provided by the healthcare provider. Authentic reproduction
p.(None): the healthcare provider is obliged to provide pictorial documentation that is not kept in electronic form, if he has the technical means to do so.
p.(None): (2) The patient or his / her representative or another person who has the right to be informed shall be provided with information provided that their identification is ensured and
p.(None): demonstrated legal basis.
p.(None): (3) The healthcare provider must provide the patient with the right referred to in the first paragraph of this Article immediately or no later than five working days after receiving the request. The patient can at the same
p.(None): submit a request to the healthcare provider no more than twice a month.
p.(None): (4) The provider of health services may charge for the exercise of the rights referred to in the first paragraph of this Article the material costs of mapping or other reproduction and mediation in
...
p.(None): - patient information and support,
p.(None): - simple, transparent, fast and efficient resolution,
p.(None): - free advice and assistance from a patient rights representative,
p.(None): - impartiality and fairness of treatment,
p.(None): - adequate on-going documentation of the participants' procedural actions,
p.(None): - resolving and terminating the proceedings where they arose,
p.(None): - as a rule, an oral hearing,
p.(None): - exclusion of the public,
p.(None): - opportunities for peaceful settlement of disputes.
p.(None): (2) With regard to the issue of procedural capacity in procedures for the protection of patients' rights, the provisions of this Act shall apply mutatis mutandis to patients who are not capable of deciding on themselves.
p.(None): they regulate a special way of exercising the rights of patients who are incapable of making decisions about themselves. Where the child's parents decide to institute proceedings, an amicable decision is not required.
p.(None): (3) The introduction of procedures may also be requested by close family members or close persons, if the patient agrees. After the patient's death, the introduction of procedures may require the patient's immediate
p.(None): family members.
p.(None): (4) Patients referred to in the second paragraph of this Article have the right to ensure their participation in the proceedings for the violation of their rights to the greatest extent possible and to take into account their
p.(None): opinion if they are able to express it and if they understand its meaning and consequences.
p.(None): (5) The exercise of violations of patients' rights under this Act is not a condition for the exercise of the right to possible judicial protection.
p.(None): 15. The right to free assistance in the exercise of patients' rights
p.(None): Article 49
p.(None): (powers of the patient's rights representative)
p.(None): (1) In exercising the rights under this Act, the patient is advised, assisted or represented by the patient's rights representative (hereinafter: the representative), in particular by:
p.(None): - advise the patient in an appropriate manner on the content of the rights, methods and possibilities of exercising them in the period before or during the treatment and when these are violated,
p.(None): - provides concrete guidelines for the exercise of rights and proposes possible solutions,
p.(None): - offers the patient assistance in filing legal remedies under this Act,
p.(None): - make the necessary inquiries for the patient regarding alleged infringements by healthcare providers,
p.(None): - informally intervenes with healthcare providers with a view to resolving infringements quickly,
p.(None): - when there is no violation of rights under this Act, the patient is referred to a competent legal or natural person or a competent state authority,
p.(None): - within the scope of the patient's authorization, lodges legal remedies under this Act and makes proposals, explanations and other statements on behalf of and for the benefit of the patient for the prompt and successful resolution of the dispute.
p.(None): (2) The representative shall provide the patient with basic information, offer professional assistance and give concrete guidelines in the exercise of rights in the field of health care, health care
...
p.(None): could not justify the reasons for his absence, he may do so within three days of the cessation of the reason why the patient was unable to attend the oral hearing, but no later than within 30 days.
p.(None): days from the day of the oral hearing.
p.(None): (5) In the invitation to the oral hearing, the patient shall be reminded of the legal consequences of unjustified absence from the hearing.
p.(None): Article 62
p.(None): (oral hearing and agreement on how to resolve the dispute)
p.(None): (1) The competent person at the oral hearing may perform:
p.(None): - conversation with the patient,
p.(None): - an interview with the participating healthcare professional or healthcare professional or another healthcare professional or healthcare professional who can explain the circumstances
p.(None): infringements in question,
p.(None): - an interview with another expert who has knowledge of the infringement in question and could help clarify the circumstances relevant to the decision,
p.(None): - examination of medical or other documentation.
p.(None): (2) Minutes shall be drawn up on the course of the oral hearing, which shall be signed by all those who participated in the oral hearing. The patient receives a copy of the signed record immediately.
p.(None): (3) At the hearing, the competent person may conclude an agreement with the patient on the manner of resolving the dispute. The agreement is concluded when it is signed by the patient and the competent person.
p.(None): (4) An agreement on the manner of resolving the dispute referred to in the preceding paragraph may be concluded in particular on:
p.(None): - an oral or written apology,
p.(None): - compensation for unnecessary costs or other damage up to EUR 300,
p.(None): - obtaining a second opinion,
p.(None): - repetition, supplementation or repair of a health service if it has been performed inadequately,
p.(None): - a proposal to introduce internal or external professional supervision in accordance with the regulations governing professional supervision in health care,
p.(None): - a proposal to initiate proceedings to establish the personal data breach in question.
p.(None): (5) The agreement and the deadline for its execution shall be part of the minutes.
p.(None): (6) If an agreement on the manner of resolving the dispute has not been concluded, this shall be stated in the minutes. In this case, the competent person shall inform the patient about the possibility of submitting a request to the Commission of the Republic
p.(None): Slovenia for the protection of patients' rights.
p.(None): Article 63
p.(None): (informing the agent and keeping the documentation)
p.(None): (1) The competent person must, by means of an anonymised record of the request and treatment of the violation or by written notes concluding the procedure, in order to monitor the situation in the field of
p.(None): of the patient's rights to inform the nearest representative within 15 days after the end of the procedure, except when the representative participated in the procedure with the request as the patient's representative.
p.(None): (2) The minutes and any other material created in the procedure with the request shall be kept by the health care provider in a collection separate from the health documentation
p.(None): individual patients, in accordance with the provisions of the law governing the protection of personal data. The provisions of Article 41 of this Act shall apply to documentary material. Documentary
p.(None): the material is stored for five years.
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General/Other / Impaired Autonomy
Searching for indicator autonomy:
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p.(None): rights under this Act, in particular the consent, refusal or revocation of the refusal of a medical procedure or medical care.
p.(None): 20. A professional standard is a recommendation adopted by the competent professional body of an individual health profession in order to achieve the optimal level of regulation in a certain field.
p.(None): 21. Medical activity is an activity determined by a special law.
p.(None): 22. Medical care is medical and other interventions for disease prevention and health promotion, diagnostics, therapy, rehabilitation and nursing care and other services or
p.(None): procedures performed by healthcare providers in treating a patient.
p.(None): 23. Health services are services provided by healthcare professionals and healthcare professionals as part of the activities of healthcare providers for patients.
p.(None): 24. Healthcare professionals and healthcare associates are all those who provide medical or pharmacy services, as stipulated by the laws governing healthcare and pharmacy activities.
p.(None): Article 3
p.(None): (principles)
p.(None): In exercising the rights of patients under this Act, the following principles shall be observed in particular:
p.(None): - respect for everyone as a human being and respect for his or her moral, cultural, religious, philosophical and other personal beliefs,
p.(None): - respect for physical and mental integrity and safety,
p.(None): - protection of the maximum health benefits for the patient, in particular the child,
p.(None): - respect for privacy,
p.(None): - respect for autonomy in deciding on treatment,
p.(None): - respect for personality and dignity in such a way that no one is socially marked by their state of health and the causes, consequences and circumstances of that state or state of health
p.(None): the care he received as a result.
p.(None): Article 4
p.(None): (exercising and restricting patients' rights)
p.(None): (1) The provisions of this Act are without prejudice to the patient's rights determined by other laws and international treaties binding on the Republic of Slovenia.
p.(None): (2) Patients' rights determined by this Act shall be exercised by all health care providers within the framework of modern medical doctrine, professional standards and norms, and
p.(None): development of the health care system in the Republic of Slovenia.
p.(None): (3) The patient's rights, which are determined by this Act and are at the same time linked to the health insurance system, shall be exercised within the framework of regulations in the field of health insurance.
p.(None): (4) Patients' rights may be restricted by laws in the field of ensuring public safety and public health and when the rights of other persons would be endangered.
p.(None): II. PATIENT RIGHTS
p.(None): Article 5
p.(None): (list of patients' rights)
p.(None): The patient's rights regulated by this law are:
p.(None): - the right to access healthcare and the provision of preventive services,
p.(None): - the right to equal access and treatment in healthcare,
p.(None): - the right to freely choose a doctor and a healthcare provider,
p.(None): - the right to adequate, high-quality and safe healthcare,
p.(None): - the right to respect for the patient's time,
p.(None): - the right to information and participation,
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General/Other / Incapacitated
Searching for indicator incapacity:
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p.(None): - participation in medical research,
p.(None): - examinations of biological material taken from him, which may be carried out only for the purposes of his treatment, unless any other use of biological material
p.(None): regulated by a special law,
p.(None): - disposal of the body or parts of the body after his death for the purposes of medical education and scientific research, to which the provisions of the law
p.(None): regulates the removal and transplantation of parts of the human body for treatment,
p.(None): - donation of organs, tissues or cells during life and after death, which is regulated by a special law.
p.(None): (4) The patient may give consent orally, by an act or conduct from which it can be reliably concluded that it means consent, or in writing, when so provided by law. Consent is
p.(None): it can also be given for several medical interventions together if they represent a functional whole within the treatment process.
p.(None): (5) For an operative or other medical procedure related to a higher risk or greater burden, the patient's consent must be documented on the form referred to in Article 27 of this Act.
p.(None): (6) When the patient is unable to give written consent, he may also give consent orally in the presence of two adult witnesses, which must be documented on the form referred to in Article 27 of this Act,
p.(None): together with an indication of the reason for the incapacity.
p.(None): (7) If the patient consents to the medical procedure and refuses to give written consent, this fact and any reasons must be documented on the form referred to in Article 27 of this Act and confirmed by
p.(None): by the signature of two adult witnesses.
p.(None): Article 27
p.(None): (consent form)
p.(None): (1) The consent referred to in the fifth paragraph of the previous article shall be documented on a consent form containing:
p.(None): - basic information on the healthcare provider,
p.(None): - a description of the medical procedure or medical care with an indication of the main possible complications and expected benefits and a summary of other explanations referred to in Article 20 of this Act,
p.(None): - personal name and signature of the doctor who performs the duty of explanation, or the doctor who performs the medical procedure or medical care,
p.(None): - a statement of consent and refusal and a statement of receipt and understanding of the explanations referred to in Article 20 of this Act and a statement of revocation referred to in Article 31 of this Act,
p.(None): - personal name and HIIS number of the insured person or other personal data identifying the patient,
p.(None): - personal name and other information enabling witnesses, consenting persons and consenting persons to be identified in place of the patient who is unable to decide for himself,
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General/Other / Public Emergency
Searching for indicator emergency:
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p.(None): another healthcare provider. A doctor or a member of the council giving a second opinion may not be a person who has been or will be directly involved in the process
p.(None): treatment.
p.(None): 6. Healthcare providers are natural or legal persons governed by public or private law who provide healthcare services.
p.(None): 7. A public health institution is a health center, pharmacy, hospital and other form of health organization in accordance with the laws governing health and pharmacy activities.
p.(None): 8. A council is a consultation of two or more doctors, with the same or another health care provider, regarding the diagnosis and other aspects of treatment or medical care.
p.(None): individual patient.
p.(None): 9. Mediation is a form of alternative dispute resolution with the help of one or two independent and impartial experts who cannot issue a binding decision but with their own
p.(None): by acting in an informal procedure, they help the participants to reach an agreement that resolves the dispute or newly regulates mutual relations.
p.(None): 10. Medical intervention is any treatment that has a preventive, diagnostic, therapeutic or rehabilitation purpose and is performed by a doctor, other healthcare professional or a healthcare professional.
p.(None): collaborator.
p.(None): 11. The network of public health service providers are all public and private health service providers who, on the basis of the founding act or concession and the contract with the Institute for
p.(None): health insurance of Slovenia provides health programs at the expense of public funds of compulsory health insurance.
p.(None): 12. Emergency medical care is an urgent action necessary to maintain vital functions or to prevent irreversible and severe deterioration
p.(None): health status.
p.(None): 13. Vulnerable groups are those social groups to which additional attention and care is given in health care for health or social reasons.
p.(None): 14. A child is a person who has not yet reached the age of 18, unless he or she has previously acquired full legal capacity.
p.(None): 15. The patient's immediate family members are the spouse, common-law partner, same-sex partner, parents, adoptive parents, grandparents, children or adopted children, grandchildren and siblings.
p.(None): 16. A patient is a patient or other user of health services in relation to health care workers and health care associates or health care providers, regardless of
p.(None): your health condition.
p.(None): 17. Reasonable time is time not exceeding a period acceptable from the point of view of an objective medical assessment of the patient's clinical needs in the light of his medical condition, medical history,
p.(None): the likely development of the disease, the degree of pain or the nature of the disability at the time the right is exercised.
p.(None): 18. Serious health damage is a severe deterioration in the patient's physical or mental health that jeopardizes the expected favorable treatment outcomes.
...
p.(None): II. PATIENT RIGHTS
p.(None): Article 5
p.(None): (list of patients' rights)
p.(None): The patient's rights regulated by this law are:
p.(None): - the right to access healthcare and the provision of preventive services,
p.(None): - the right to equal access and treatment in healthcare,
p.(None): - the right to freely choose a doctor and a healthcare provider,
p.(None): - the right to adequate, high-quality and safe healthcare,
p.(None): - the right to respect for the patient's time,
p.(None): - the right to information and participation,
p.(None): - the right to decide independently on treatment,
p.(None): - the right to have one's will expressed in advance,
p.(None): - the right to prevent and alleviate suffering,
p.(None): - the right to a second opinion,
p.(None): - the right to be acquainted with medical records,
p.(None): - the right to the protection of privacy and the protection of personal data,
p.(None): - the right to deal with violations of patients' rights,
p.(None): - the right to free assistance in the exercise of patients' rights.
p.(None): 1. The right of access to health care and the provision of preventive services
p.(None): Article 6
p.(None): (health care and prevention services)
p.(None): (1) In accordance with the regulations in the field of health care and health insurance, the patient has the right to access health care.
p.(None): (2) The patient has the right to emergency medical care, which cannot be conditioned in any way, especially not by payment or referral.
p.(None): (3) In accordance with special regulations in the field of health care and health insurance, the patient has the right to appropriate preventive health services for the maintenance of
p.(None): his health and disease prevention.
p.(None): 2. The right to equal access and treatment in health care
p.(None): Article 7
p.(None): (prohibition of discrimination)
p.(None): The patient has the right to equal treatment in healthcare regardless of gender, nationality, race or ethnic origin, religion or belief, disability, age, sexual orientation
p.(None): or other personal circumstance.
p.(None): Article 8
p.(None): (protection of children and other vulnerable groups)
p.(None): (1) In addition to the rights provided for in this Act, children and other vulnerable groups are provided with special rights in health care, which are defined as active care.
p.(None): countries and are determined by other regulations.
p.(None): (2) The rights of patients with mental health problems and the manner of exercising them shall also be regulated by a special law.
...
p.(None): material costs of accommodation, the amount of which is prescribed by the Minister (hereinafter: the Minister) responsible for health.
p.(None): (7) If the healthcare provider is unable to ensure the right referred to in the preceding paragraph due to limited space capacity, priority shall be given to accommodation of one of the parents or
p.(None): the other person caring for the child assesses the existence of special needs according to the age of the child, the local distance from the residence of the child or parents or another person caring for the child
p.(None): the child and his state of health.
p.(None): 3. The right to freely choose a doctor and a healthcare provider
p.(None): Article 9
p.(None): (free choice)
p.(None): (1) The patient has the right to freely choose the doctor and the healthcare provider to whom he will entrust his treatment.
p.(None): (2) Notwithstanding the provision of the preceding paragraph, the patient in the network of public health service providers has the right to freely choose a doctor and a health service provider in accordance with
p.(None): regulations in the field of health insurance.
p.(None): Article 10
p.(None): (exception to free choice)
p.(None): The doctor and the healthcare provider chosen by the patient may, provided that there is no emergency medical care, refuse the patient's choice only in specially justified
p.(None): cases where treatment is expected to be less successful or impossible or where provided by law. He must suggest to the patient the choice of another doctor and provider
p.(None): health services and explain the reasons for refusal in writing within eight days of the patient's choice.
p.(None): 4. The right to adequate, quality and safe health care
p.(None): Article 11
p.(None): (appropriate, quality and safe health care)
p.(None): (1) The patient has the right to adequate, quality and safe medical care in accordance with medical doctrine.
p.(None): (2) Appropriate medical care is that which is in accordance with the patient's needs and the capabilities of the health care system in the Republic of Slovenia and is based on simple, transparent and
p.(None): friendly administrative procedures and establishes a relationship of cooperation and trust with the patient.
p.(None): (3) Quality healthcare is that which consistently achieves treatment outcomes comparable to standards or best practices, taking into account fundamental principles of quality, such as
p.(None): they are performance, safety, timeliness, continuity, efficiency, equity, and patient focus.
p.(None): (4) Safe medical care is that which prevents harm to the patient in relation to the treatment itself and in relation to the circumstances fi of the personal safety of stay or stay with the provider
p.(None): health services.
p.(None): Article 12
p.(None): (entitlement to medical intervention or medical care)
p.(None): The patient is entitled to a medical procedure or medical care provided at the expense of public funds if this is necessary according to the rules of the medical profession and is
p.(None): modern medical doctrine rightly expects it to be beneficial to the patient and the expected benefits to the patient outweigh the risks and burdens.
p.(None): Article 13
p.(None): (provision of religious spiritual care)
p.(None): In the case of inpatient care, the healthcare provider must ensure the conditions for exercising the patient's right to adequate religious spiritual care in accordance with the law governing
p.(None): religious freedom.
p.(None): 5. The right to respect the patient's time
p.(None): Article 14
p.(None): (waiting times and waiting times)
p.(None): (1) The patient has the right to have his time respected.
p.(None): (2) The provider of medical services shall provide emergency medical assistance to the patient immediately.
p.(None): (3) In the case of a medical service where the emergency medical care referred to in the preceding paragraph is not in question and cannot be performed immediately, the provider of medical services shall place the patient on the waiting list.
p.(None): taking into account professional standards regarding the degree of urgency, which must be specifically documented in the waiting list. Healthcare providers take care of
p.(None): the shortest possible waiting time and, in accordance with the financing conditions, also for a waiting period within a reasonable time.
p.(None): (4) The degree of urgency referred to in the second and third paragraphs of this Article shall be assessed in accordance with the patient's greatest health benefit and in such a way as to prevent serious health damage to the patient.
p.(None): patient.
p.(None): (5) If, for justified reasons, the patient has not been able to come to the provision of medical services, the provider of medical services shall be obliged to determine the new date of the planned
p.(None): Health Services.
p.(None): (6) If the patient did not come to the provision of the medical service and did not apologize for his absence within 14 days after the day of the planned medical service, the health service provider shall delete him with
p.(None): waiting list.
p.(None): (7) The healthcare provider is obliged to delete the patient from the waiting list after the medical service has been provided.
p.(None): (8) If a patient has been waiting for a medical service for more than three months, he has the right to request a control examination from the doctor who referred him to the medical service.
p.(None): (9) A patient may be entered for the same health care service only in the waiting list of one health care provider in the network of public health care providers. If it is found
...
p.(None): - personal name and HIIS number of the insured person or other personal data identifying the patient,
p.(None): - personal name and other information enabling witnesses, consenting persons and consenting persons to be identified in place of the patient who is unable to decide for himself,
p.(None): - personal names, contact details and the relationship to the patient of those persons designated by the patient in the context of the consent referred to in the third and fourth indents of the third paragraph of the previous article and the manner, and
p.(None): the extent of the exercise of the right,
p.(None): - time and date of statements made,
p.(None): - an indication of the reasons and circumstances referred to in the sixth and seventh paragraphs of the preceding Article,
p.(None): - the signature of the patient, except in cases provided for by this Act, and the signatures of other persons, where necessary,
p.(None): - other components that are necessary according to the nature and circumstances of the consent or refusal, or are determined by another law.
p.(None): (2) The more detailed content and form of the consent form shall be prescribed by the minister responsible for health.
p.(None): (3) A photocopy of the completed and signed consent form shall also be handed over to the patient.
p.(None): 7.2 Medical care without consent
p.(None): Article 28
p.(None): (Emergency medical treatment)
p.(None): If the patient is unable to make decisions about himself or herself or is unable to express his or her will, emergency medical care may be provided without his or her consent.
p.(None): Article 29
p.(None): (medical intervention or medical care without the patient's consent)
p.(None): Medical intervention or medical care that is not an intervention or care from the previous article and at the same time is not an operative or other medical intervention associated with a higher risk or
p.(None): heavier workload, the patient may be performed without his consent under the following conditions:
p.(None): - the patient is unable to make decisions about himself,
p.(None): - the doctor did not know and could not have known that the patient, the patient's medical representative (hereinafter: the patient's medical representative),
p.(None): patients' legal representative (hereinafter: legal representative) or another person who may give consent by law, objected to the procedure,
p.(None): The consent of the persons referred to in the previous indent could not be obtained within a reasonable time, and
p.(None): - medical intervention or medical care for the patient will be of the greatest medical benefit.
p.(None): 7.3 The right to refuse medical care
p.(None): Article 30
p.(None): (rejection)
p.(None): (1) A patient who is capable of deciding on himself has the right to refuse the proposed medical intervention or medical care, except when this would endanger life or seriously endanger
p.(None): the health of others.
p.(None): (2) If the doctor treating the patient assesses that the patient's decision is contrary to his best medical benefit and the refusal could endanger his life or cause
...
p.(None): (7) For other medical interventions or medical care that do not constitute the interventions or care referred to in the preceding paragraph, the consent may be given by the parent who, when
p.(None): consent given, present. If both are present and do not agree, the doctor obtains the consent of the council for the greatest possible benefit of the child, and if this is not possible, from another doctor who has not yet
p.(None): was and will not be included in the patient’s treatment later. The decision on the form referred to in Article 27 of this Act shall be signed by one of the parents who agrees to the medical procedure or
p.(None): medical care, and members of the council or the doctor who gave the consent.
p.(None): (8) When a child has the right to decide on his or her health care, other persons have the right to take into account his or her opinion as much as possible, if he or she is able to express it and understands it.
p.(None): its significance and consequences.
p.(None): (9) In the manner specified in the preceding paragraphs, the child shall also exercise other rights referred to in Article 5 of this Act, unless this Act provides otherwise.
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
p.(None): Emergency medical care can also be provided when it is refused by a parent or guardian.
p.(None): Article 37
p.(None): (patients with mental health problems)
p.(None): (1) When a patient is unable to consent to a medical procedure due to mental health problems or another cause that affects the ability to judge, this may be performed only if he is
p.(None): authorized by the legal representative.
p.(None): (2) If the patient referred to in the preceding paragraph does not have a legal representative, the healthcare provider shall inform the competent authority for the commencement of the procedure for the appointment of a legal representative.
p.(None): (3) If the doctor finds that the legal representative does not decide in the best medical interest of the patient, he shall inform the body that appointed the legal representative in order to ensure adequate
p.(None): representation.
p.(None): (4) As long as the patient referred to in the first paragraph of this Article has not been appointed a legal representative, consent to medical intervention or medical care may be given by persons who are capable of
p.(None): self-determination and have reached the age of 18 in the following exclusive order:
p.(None): - the patient's spouse, common-law or same-sex partner,
p.(None): - the patient's children or adopted children,
p.(None): - the patient's parents or adoptive parents,
p.(None): - the patient's siblings,
p.(None): - the patient's grandparents,
p.(None): - the patient's grandchildren.
p.(None): (5) If the persons referred to in an individual indent of the preceding paragraph do not reach an agreement on the performance of a medical procedure or medical care, the doctor treating him shall decide thereon.
p.(None): taking into account the opinions given and the patient’s greatest health benefit.
p.(None): (6) The provisions of the preceding paragraphs shall also apply mutatis mutandis to the consents referred to in the third paragraph of Article 26 of this Act.
p.(None): (7) In the manner specified in this Article, the patient referred to in the first paragraph of this Article shall also exercise other rights referred to in Article 5 of this Act, unless otherwise provided by law.
p.(None): (8) The legal representative and other persons referred to in the fourth paragraph of this Article may not refuse emergency medical assistance to a patient with mental health problems.
p.(None): Article 38
p.(None): (temporary inability to decide for oneself)
p.(None): (1) When the patient is temporarily unable to make decisions about himself, the provisions of the first, fourth, fifth and sixth paragraphs of the previous article shall apply.
p.(None): (2) In the manner specified in this Article, a patient who is temporarily incapable of deciding on himself shall also exercise other rights referred to in Article 5 of this Act, unless the Act provides otherwise.
p.(None): (3) The legal representative and other persons referred to in the fourth paragraph of the previous article may not refuse emergency medical care to a patient who is temporarily incapable of deciding on himself.
p.(None): 10. The right to prevent and alleviate suffering
p.(None): Article 39
p.(None): (prevention and alleviation of suffering)
p.(None): (1) The patient has the right to take all necessary measures without delay to eliminate or, as far as possible, alleviate the pain and other suffering associated with his illness.
p.(None): (2) The patient has the right to prevent unnecessary pain and other suffering related to medical intervention in his health care according to professional standards.
p.(None): (3) A patient in the final stage of the disease and a patient with an incurable disease that causes severe suffering shall have the right to palliative care.
p.(None): 11. Right to a second opinion
p.(None): Article 40
p.(None): (obtaining a second opinion)
p.(None): (1) The patient has the right to obtain a second opinion at any time.
p.(None): (2) The patient has the right to obtain a second opinion within a reasonable time within the network of providers of public health services in the treatment at the secondary and tertiary level.
p.(None): (3) The right referred to in the preceding paragraph may be exercised at most once for the assessment of the same health condition. Before exercising this right, the patient and the doctor treating him must perform
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General/Other / Relationship to Authority
Searching for indicator authority:
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p.(None): medical care, and members of the council or the doctor who gave the consent.
p.(None): (8) When a child has the right to decide on his or her health care, other persons have the right to take into account his or her opinion as much as possible, if he or she is able to express it and understands it.
p.(None): its significance and consequences.
p.(None): (9) In the manner specified in the preceding paragraphs, the child shall also exercise other rights referred to in Article 5 of this Act, unless this Act provides otherwise.
p.(None): Article 36
p.(None): (restriction of decision of parents or guardian)
p.(None): Emergency medical care can also be provided when it is refused by a parent or guardian.
p.(None): Article 37
p.(None): (patients with mental health problems)
p.(None): (1) When a patient is unable to consent to a medical procedure due to mental health problems or another cause that affects the ability to judge, this may be performed only if he is
p.(None): authorized by the legal representative.
p.(None): (2) If the patient referred to in the preceding paragraph does not have a legal representative, the healthcare provider shall inform the competent authority for the commencement of the procedure for the appointment of a legal representative.
p.(None): (3) If the doctor finds that the legal representative does not decide in the best medical interest of the patient, he shall inform the body that appointed the legal representative in order to ensure adequate
p.(None): representation.
p.(None): (4) As long as the patient referred to in the first paragraph of this Article has not been appointed a legal representative, consent to medical intervention or medical care may be given by persons who are capable of
p.(None): self-determination and have reached the age of 18 in the following exclusive order:
p.(None): - the patient's spouse, common-law or same-sex partner,
p.(None): - the patient's children or adopted children,
p.(None): - the patient's parents or adoptive parents,
p.(None): - the patient's siblings,
p.(None): - the patient's grandparents,
p.(None): - the patient's grandchildren.
p.(None): (5) If the persons referred to in an individual indent of the preceding paragraph do not reach an agreement on the performance of a medical procedure or medical care, the doctor treating him shall decide thereon.
p.(None): taking into account the opinions given and the patient’s greatest health benefit.
p.(None): (6) The provisions of the preceding paragraphs shall also apply mutatis mutandis to the consents referred to in the third paragraph of Article 26 of this Act.
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p.(None): healthcare provider.
p.(None): (5) If a patient does not exercise the right under the preceding paragraph or is unable to do so due to his / her health condition, information on his / her health condition may be communicated.
p.(None): persons referred to in the second paragraph of this Article, his immediate family members, close persons and persons who have been in connection with a specific medical procedure or medical
p.(None): care entitled to give consent if the patient was unable to make decisions about himself.
p.(None): (6) In the case referred to in Article 22 of this Act, the persons referred to in the preceding paragraphs of this Article shall not have the right to obtain more information than the patient would have obtained, unless the patient has determined otherwise.
p.(None): (7) The provider of health services shall decide on the request for information on the basis of the second and fifth paragraphs of this Article within five days of receiving the request. If required in part or in full
p.(None): refuses, the entitled persons have the right to lodge a complaint with the Information Commissioner in the case of information derived from medical records.
p.(None): (8) The second, third, fourth, fifth and seventh paragraphs of this Article shall also apply to the transmission of medical documentation.
p.(None): (9) Notwithstanding his ban on the communication of health information, the healthcare provider shall inform the immediate family members in an appropriate manner
p.(None): his death and its cause. If the healthcare provider is not aware of these persons, he shall inform the competent authority of the patient's death.
p.(None): Article 46
p.(None): (unauthorized processing of personal data)
p.(None): Healthcare providers must identify any identified or reported case of unauthorized communication or other unauthorized processing of personal patient data, regardless of
p.(None): the patient's will, specifically to investigate and determine the possible responsibility of healthcare professionals, healthcare associates or other persons, and to document the case in writing. They have to talk about it
p.(None): inform the patient, the competent patient rights representative and the Information Commissioner.
p.(None): 14. The right to deal with violations of patients' rights
p.(None): Article 47
p.(None): (types of procedures for the protection of patients' rights)
p.(None): (1) A patient who considers that his rights determined by this Act have been violated shall have the right to be treated for violations in the following procedures regulated by this Act:
p.(None): - first hearing of the violation of the patient's rights before the competent person of the healthcare provider on the basis of the patient's written or oral request (hereinafter: the procedure with
p.(None): request for a first reading of the infringement),
p.(None): - second hearing on the violation of patients 'rights in proceedings before the Commission of the Republic of Slovenia for the Protection of Patients' Rights on the basis of a patient's written or oral request (hereinafter
p.(None): hereinafter: the procedure for requesting a second hearing of the infringement).
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p.(None): family members.
p.(None): (4) Patients referred to in the second paragraph of this Article have the right to ensure their participation in the proceedings for the violation of their rights to the greatest extent possible and to take into account their
p.(None): opinion if they are able to express it and if they understand its meaning and consequences.
p.(None): (5) The exercise of violations of patients' rights under this Act is not a condition for the exercise of the right to possible judicial protection.
p.(None): 15. The right to free assistance in the exercise of patients' rights
p.(None): Article 49
p.(None): (powers of the patient's rights representative)
p.(None): (1) In exercising the rights under this Act, the patient is advised, assisted or represented by the patient's rights representative (hereinafter: the representative), in particular by:
p.(None): - advise the patient in an appropriate manner on the content of the rights, methods and possibilities of exercising them in the period before or during the treatment and when these are violated,
p.(None): - provides concrete guidelines for the exercise of rights and proposes possible solutions,
p.(None): - offers the patient assistance in filing legal remedies under this Act,
p.(None): - make the necessary inquiries for the patient regarding alleged infringements by healthcare providers,
p.(None): - informally intervenes with healthcare providers with a view to resolving infringements quickly,
p.(None): - when there is no violation of rights under this Act, the patient is referred to a competent legal or natural person or a competent state authority,
p.(None): - within the scope of the patient's authorization, lodges legal remedies under this Act and makes proposals, explanations and other statements on behalf of and for the benefit of the patient for the prompt and successful resolution of the dispute.
p.(None): (2) The representative shall provide the patient with basic information, offer professional assistance and give concrete guidelines in the exercise of rights in the field of health care, health care
p.(None): insurance and health care.
p.(None): (3) In addition to the tasks referred to in the preceding paragraphs, the representative shall take care of the promotion of patients' rights and their exercise in the healthcare system. In doing so, you can perform
p.(None): advises and proposes measures for the effective implementation of the provisions of this Act.
p.(None): (4) The representative may at any time address to healthcare providers proposals, opinions, criticisms or recommendations that they are obliged to consider and respond to them within the time limit set by the
p.(None): representative.
p.(None): (5) The representative shall set a deadline within which the healthcare provider shall send him the required explanations and information on the alleged violations. This period may not be less than 8 days. If the contractor
p.(None): fails to send explanations or information to the representative within the required time limit, he shall without delay inform him of the reasons for which he did not grant his request.
p.(None): (6) The healthcare provider must provide the agent with access to all the information necessary for his work in relation to the matter under consideration, no later than five days from
p.(None): receiving requests. The representative can get acquainted with the patient's medical records on the basis of his written consent.
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p.(None): III. PATIENT DUTIES
p.(None): Article 54
p.(None): (patient duties)
p.(None): To achieve quality and safe health care, the patient is obliged to:
p.(None): - take an active part in protecting, strengthening and restoring their own health,
p.(None): - during the illness, act in accordance with the received professional instructions and treatment plans, to which he has consented orally or in writing,
p.(None): - provide the competent doctor and other competent healthcare professionals or healthcare professionals with all necessary and true information regarding their medical
p.(None): conditions known to him and relevant to further medical care, in particular information on his current and past injuries and illnesses and their treatment,
p.(None): family, any allergies and medicines he is taking,
p.(None): - inform healthcare professionals and healthcare professionals about sudden changes in health that occur during treatment,
p.(None): - be considerate and respectful of the privacy and other rights of other patients and of healthcare professionals and healthcare professionals,
p.(None): - respect the published schedules, house rules and prescribed organizational procedures of health care providers,
p.(None): - inform the healthcare provider in good time of any absence for examination or treatment.
p.(None): IV. RESPONSIBILITIES OF THE OMBUDSMAN IN THE FIELD OF PATIENTS 'RIGHTS
p.(None): Article 55
p.(None): (powers of the Ombudsman)
p.(None): Within the framework of his tasks determined by law, the Ombudsman monitors the situation in the exercise of patients' rights and, on this basis, requests the competent
p.(None): bodies, bodies of local communities and holders of public authority to ensure the conditions and conditions for the effective implementation of this Act. The Ombudsman designates one of the following
p.(None): their deputies.
p.(None): V. PROCEDURE WITH A REQUEST TO TREAT A VIOLATION OF THE PATIENT'S RIGHTS
p.(None): 1. First reading of the violation of patients' rights by the healthcare provider
p.(None): Article 56
p.(None): (real-time resolution of misunderstandings and disputes)
p.(None): (1) If the patient directly during medical care expresses dissatisfaction with the provision of medical care or dissatisfaction with the attitude of the healthcare professional or
p.(None): the healthcare professional, attempts are made to resolve the misunderstanding immediately with additional explanations or measures.
p.(None): (2) If the patient is not satisfied with additional explanations or measures, the healthcare professional or healthcare associate shall inform him / her of the right and procedure for submitting a request for the first
p.(None): addressing violations of patients' rights.
p.(None): Article 57
p.(None): (competent person)
p.(None): (1) Each healthcare provider must designate a person responsible for accepting and dealing with a request for the first hearing of a violation of patients' rights (hereinafter
p.(None): (first request), which may also designate several persons according to the content of the request and the need to ensure the smooth processing of requests (hereinafter: the competent
p.(None): person).
p.(None): (2) If the first request is filed against a competent person, the health care provider shall appoint a deputy for a specific case.
p.(None): (3) Unless the health care provider determines otherwise, the competent person shall be the director.
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p.(None): - information on any other persons involved,
p.(None): - the time and place of the alleged violation of patients' rights,
p.(None): The possible consequences of the alleged violation of patients' rights, and
p.(None): - a possible proposal for resolving the dispute.
p.(None): The patient receives a copy of the minutes of the oral request.
p.(None): (3) A written request containing the ingredients referred to in the preceding paragraph shall be submitted to the healthcare provider where the alleged violation occurred.
p.(None): (4) If it is not possible to deduce from the written request who submitted it or if the request is offensive or late, the request shall not be considered. A written note shall be made and sent to the patient,
p.(None): if known. If the written request does not contain all the components necessary for consideration, the competent person shall ask the patient to complete the request within a specified period. If the patient requests within the deadline
p.(None): does not complete, the request shall be deemed to have been withdrawn. The request to complete the request warns the patient of the legal consequences if he / she does not complete the request.
p.(None): (5) On the basis of the prior written consent of the patient, the competent person may inspect the medical documentation relating to the violation in question.
p.(None): Article 61
p.(None): (procedure after first request)
p.(None): (1) Upon receipt of the first request containing all the components referred to in the second paragraph of Article 60 of this Act, the competent person necessary for consideration (complete request):
p.(None): - grant the request in full, take a written note and send it to the patient,
p.(None): - refers the patient to a competent legal or natural person, a competent state authority or the nearest representative, if the request relates to the exercise of health insurance rights
p.(None): or rights not regulated by this Act,
p.(None): - the procedure is stopped if the patient withdraws the request, of which he makes a written note and sends it to the patient, or
p.(None): - invites the patient in writing to the oral hearing referred to in Article 62 of this Act.
p.(None): (2) No more than 15 days may elapse between the filing of a complete first request and the oral hearing referred to in Article 62 of this Act.
p.(None): (3) Other persons who have knowledge in the field of the case in question and who could help clarify the circumstances relevant to the decision if the patient with
p.(None): agrees.
p.(None): (4) If the patient is unable to attend the oral hearing, he may authorize a representative or another person to participate in the hearing or propose that the request be resolved without his
p.(None): presence. If the patient does not apologize for his absence by the beginning of the treatment, the competent person shall stop the procedure with a written note sent to the patient. If the patient is excused
p.(None): could not justify the reasons for his absence, he may do so within three days of the cessation of the reason why the patient was unable to attend the oral hearing, but no later than within 30 days.
p.(None): days from the day of the oral hearing.
p.(None): (5) In the invitation to the oral hearing, the patient shall be reminded of the legal consequences of unjustified absence from the hearing.
p.(None): Article 62
p.(None): (oral hearing and agreement on how to resolve the dispute)
p.(None): (1) The competent person at the oral hearing may perform:
p.(None): - conversation with the patient,
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p.(None): General provisions
p.(None): Article 64
p.(None): (Establishment and composition of the Commission of the Republic of Slovenia for the Protection of Patients' Rights)
p.(None): (1) The Commission of the Republic of Slovenia for the Protection of Patients shall be established to decide on the request for the second hearing of the violation of patients' rights (hereinafter: the second request).
p.(None): rights (hereinafter: the Commission).
p.(None): (2) The Commission shall have a chairman (hereinafter: the chairman) and 75 members (hereinafter: the member).
p.(None): (3) The President of the Commission shall be appointed by the Government of the Republic of Slovenia on the proposal of the Minister responsible for health. A person who fulfills the conditions for
p.(None): a senior judge in accordance with the law governing the judicial service.
p.(None): (4) A person who has at least a university degree in law or economics or at least a university degree in health care may be appointed a member of the Commission.
p.(None): or economics and at least five years of work experience in these fields.
p.(None): (5) The members of the Commission shall be appointed by the Minister responsible for health, namely:
p.(None): - 33 members on the proposal of individual Extended Professional Colleges at the Ministry responsible for health,
p.(None): - 25 members on the proposal of non-governmental organizations in the field of patient protection or consumer protection,
p.(None): - 5 members on the proposal of the competent chambers and professional associations operating in the field of health care and having public authority,
p.(None): - 5 members from among the civil servants of the ministry responsible for health,
p.(None): - 4 members on the proposal of the Commission of the Republic of Slovenia for Medical Ethics at the ministry responsible for health,
p.(None): - 3 members from among the civil servants of the ministry responsible for justice, on the proposal of the minister responsible for justice.
p.(None): (6) The term of office of the President and members of the Commission shall be five years and may be reappointed.
p.(None): (7) Before the expiry of his term of office, the President or a member of the Commission may be dismissed at his own request if he permanently loses his ability to perform his duties, if he no longer fulfills the conditions
p.(None): to perform his work or if he is not trustworthy due to identified errors in the work.
p.(None): (8) The Commission shall regulate its work with the rules of procedure, which shall be published in the Official Gazette of the Republic of Slovenia.
p.(None): (9) The Commission shall carry out its work on the premises of the ministry responsible for health, which shall provide the Commission with professional and administrative technical assistance.
p.(None): (10) Financial resources for the work of the Commission and mediators referred to in Article 72 of this Act shall be provided in the budget of the Republic of Slovenia.
p.(None): (11) The President and members of the Commission, as well as mediators, shall perform their duties on a non-professional basis, entitled to meeting fees and the actual costs of participation in the work of the Commission and in mediations.
p.(None): The amount of compensation is determined by the minister responsible for health.
p.(None): Article 65
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p.(None): (7) The Commission may exempt a patient from all or part of the costs if it finds that he or she cannot pay them without prejudice to the subsistence of himself or his family.
p.(None): (8) No fees shall be paid for applications, actions and decisions in proceedings under this Act.
p.(None): Article 68
p.(None): (access to documentary material)
p.(None): For the purposes of deciding on a specific case under this Act, the Commission may, during the second reading procedure, access the documentary material available to the contractor.
p.(None): health services, including patient medical records.
p.(None): 2.2 Preparatory procedure and preparatory hearing
p.(None): Article 69
p.(None): (preliminary examination of the second request and preparatory hearing)
p.(None): (1) If the President of the Commission finds that the second request is incomprehensible or incomplete, he shall invite the patient to supplement or correct the second request within eight days. If the patient is another
p.(None): does not complete the request within the time limit or does not rectify the irregularity, or if the request is anonymous or late, the President of the Commission shall reject the second request by decision.
p.(None): (2) The President of the Commission shall, within 15 days of receipt of a complete second request:
p.(None): - reject the second request by a decision if the patient has not previously lodged the first request or if the matter is the subject of judicial or administrative proceedings,
p.(None): - refer the matter to the competent authority if the resolution of the second request is not within the competence of the Commission and inform the patient thereof, or
p.(None): - take the matter into consideration and convene a preparatory hearing.
p.(None): (3) The President of the Commission shall invite to a preparatory hearing the patient, his legal representative and the healthcare provider against whom a second request has been made,
p.(None): appoint a member of the Commission who conducts the preparatory hearing and is an expert in the field of law and meets the conditions for conducting administrative proceedings in accordance with the law governing general administrative proceedings.
p.(None): procedure, but may also decide that a member of the Commission with relevant expertise in the field of health shall participate in the preparatory hearing.
p.(None): (4) In addition to the invitation to the preparatory hearing, the President of the Commission shall also send another request of the patient to the healthcare provider and set a deadline for his response. Contractor's response
p.(None): medical services shall be served on the patient at least eight days before the preparatory hearing.
p.(None): (5) If the patient does not come to the preparatory hearing and does not justify his absence to the hearing, the President of the Commission shall issue a decision terminating the procedure for considering the second request.
p.(None): (6) If the representative of the healthcare provider does not attend the preparatory hearing and does not apologize for his absence, the President of the Commission shall propose the initiation of
p.(None): offense.
p.(None): Article 70
p.(None): (purpose and course of the preparatory hearing)
p.(None): (1) At the preparatory hearing, a member of the Commission shall discuss with the participants the factual and legal aspects of the second request and, taking into account the nature of the infringement, agree on one of the following
...
p.(None): the possible rejection of the proposal is explained and the senate and the patient are informed.
p.(None): (5) If the second request is granted, the operative part of the decision, taking into account the nature of the violation, shall unambiguously determine the manner and deadline for eliminating the violation and the decision on the costs of the procedure.
p.(None): (6) The decisions referred to in this Article shall be served on the participants in the dispute and on the representative no later than eight days after the hearing.
p.(None): Article 79
p.(None): (finality of the decision of the senate and legal remedies)
p.(None): (1) The decision of the senate in the procedure of consideration of the second instance is final.
p.(None): (2) There shall be no legal remedies against the decisions and resolutions of the senate by which the procedure for the consideration of the second request ends, but judicial protection may be exercised in an administrative dispute.
p.(None): 3. Mandatory records and reports
p.(None): Article 80
p.(None): (records and reporting of the representative)
p.(None): (1) Representatives are obliged to keep records on the implementation of tasks referred to in Article 49 of this Act, which shall contain in particular information on:
p.(None): - the type of tasks performed by the agent,
p.(None): - the type of alleged infringements it dealt with,
p.(None): - the date of receipt of patients' applications,
p.(None): - the method of resolving the application or performing tasks,
p.(None): - the date of resolution of the agent's tasks.
p.(None): The public can only get acquainted with the records in an anomized form.
p.(None): (2) The representative shall submit a regular annual report to the competent provincial authority, the minister responsible for health and the Ombudsman by 15 March of the current year at the latest.
p.(None): for the previous calendar year.
p.(None): (3) The representative's report is given in an anonymised form and, in addition to statistical data, also contains general findings and recommendations in the field of patients' rights.
p.(None): (4) The competent provincial authority may at any time request an extraordinary report on his work from the representative.
p.(None): Article 81
p.(None): (records of the ministry responsible for health)
p.(None): (1) For the purpose of implementing the protection of patients' rights under this Act and informing the public, the ministry responsible for health shall keep records of representatives, records of the president and
p.(None): members of the Commission and the register of mediators.
p.(None): (2) The register of representatives shall contain the following information:
p.(None): - Personal name,
p.(None): - seat and area of operation,
p.(None): - the date and number of the appointment decision.
p.(None): (3) The records of the President and members of the Commission shall contain the following information:
p.(None): - Personal name,
p.(None): - address of residence and other contact details,
p.(None): - type and level of education,
p.(None): - the organization or body that proposed the appointment of the member.
p.(None): (4) The register of mediators shall contain the following information:
p.(None): - Personal name,
p.(None): - address of residence and other contact details,
p.(None): - type and level of education,
p.(None): - proof of competence as a mediator.
p.(None): (5) The records referred to in this Article shall be public, except for the data referred to in the second indent of the third paragraph and the second indent of the previous paragraph.
p.(None): Article 82
p.(None): (Commission records and reporting)
p.(None): (1) The provisions of the regulations governing administrative operations shall apply to the records of hearings of another request.
...
p.(None): (1) The ministry responsible for health may request the Health Insurance Institute of Slovenia and the competent chambers to submit to it a statistical report by 15 March of the current year.
p.(None): a report on the implementation of supervision for which they are responsible on the basis of the law governing health care.
p.(None): (2) On the basis of the analysis of the reports of the representatives referred to in the second paragraph of Article 80 of this Act, the report of the Commission referred to in the second paragraph of Article 82 of this Act and the reports referred to in the previous paragraph
p.(None): the ministry responsible for health shall prepare a report on the situation in the field of protection of patients' rights, containing in particular:
p.(None): - annual statistics on violations of patients' rights, procedures and results introduced,
p.(None): Annual statistics on the activities of agents, and
p.(None): - an assessment of the situation in the field of patient rights protection with suggestions for improvement.
p.(None): (3) The report referred to in the preceding paragraph shall be submitted by the ministry responsible for health to the Government of the Republic of Slovenia for adoption no later than 30 May of the current year for the previous calendar year.
p.(None): (4) The regular annual reports of the Commission, the regular annual reports of the representatives and the adopted national report referred to in this Article shall be published on the website of the ministry responsible for health.
p.(None): VI. SUPERVISION
p.(None): Article 85
p.(None): (supervisory and misdemeanor authority)
p.(None): (1) Supervision over the implementation of this Act shall be performed by the ministry responsible for health.
p.(None): (2) The misdemeanor body under this Act is the Health Inspectorate of the Republic of Slovenia.
p.(None): VII. CRIMINAL PROVISIONS
p.(None): Article 86
p.(None): (performing medical care without patient consent)
p.(None): (1) A fine of 4,100 to 100,000 euros shall be imposed for a misdemeanor on a legal person performing a medical activity, a health worker performing a medical activity on the basis of
p.(None): concession, or a healthcare professional who independently performs a healthcare activity without a concession, if he performs a medical procedure or other actions in the procedures of treatment and rehabilitation
p.(None): without the consent of the patient (second paragraph of Article 26 of this Act).
p.(None): (2) A fine of 100 to 2,000 euros shall be imposed on the responsible person of a legal person for the misdemeanor referred to in the preceding paragraph.
p.(None): Article 87
p.(None): (other infringements)
p.(None): (1) A fine of 400 to 4,100 euros shall be imposed on a legal person performing a medical activity for a misdemeanor:
p.(None): - if he does not keep waiting lists in accordance with the third paragraph of Article 14 of this Act,
p.(None): - if he does not invite a patient who is entered in several waiting lists to declare himself in accordance with the ninth paragraph of Article 14 of this Act,
p.(None): - if it does not comply with the retention period referred to in the third paragraph of Article 15 of this Act,
p.(None): - if he does not exchange information in accordance with the first paragraph of Article 16 of this Act,
...
Orphaned Trigger Words
p.(None): - take the matter into consideration and convene a preparatory hearing.
p.(None): (3) The President of the Commission shall invite to a preparatory hearing the patient, his legal representative and the healthcare provider against whom a second request has been made,
p.(None): appoint a member of the Commission who conducts the preparatory hearing and is an expert in the field of law and meets the conditions for conducting administrative proceedings in accordance with the law governing general administrative proceedings.
p.(None): procedure, but may also decide that a member of the Commission with relevant expertise in the field of health shall participate in the preparatory hearing.
p.(None): (4) In addition to the invitation to the preparatory hearing, the President of the Commission shall also send another request of the patient to the healthcare provider and set a deadline for his response. Contractor's response
p.(None): medical services shall be served on the patient at least eight days before the preparatory hearing.
p.(None): (5) If the patient does not come to the preparatory hearing and does not justify his absence to the hearing, the President of the Commission shall issue a decision terminating the procedure for considering the second request.
p.(None): (6) If the representative of the healthcare provider does not attend the preparatory hearing and does not apologize for his absence, the President of the Commission shall propose the initiation of
p.(None): offense.
p.(None): Article 70
p.(None): (purpose and course of the preparatory hearing)
p.(None): (1) At the preparatory hearing, a member of the Commission shall discuss with the participants the factual and legal aspects of the second request and, taking into account the nature of the infringement, agree on one of the following
p.(None): options:
p.(None): - immediate conclusion of the settlement,
p.(None): Consent to initiate the mediation procedure, or
p.(None): - the procedure for considering the second request in the panel hearing.
p.(None): (2) The parties to the dispute may conclude a settlement if the nature of the violated right allows it. They settle the settlement by terminating the dispute or resolving it by mutual concession
p.(None): uncertainties and set out their reciprocal rights and obligations. Before concluding a settlement, the patient is explained all the circumstances and consequences of the concluded settlement, which is also recorded in
p.(None): minutes. The settlement must be clear and specific and must not be to the detriment of the public interest, public morals or the legal interests of others. The settlement is concluded when the minutes are read and it
p.(None): signed by the parties to the dispute. A settlement concluded under this paragraph shall be an enforceable title.
p.(None): (3) If the participants do not conclude a settlement or do not reach an agreement on the commencement of the mediation procedure and the patient requests compensation for the alleged violation, the President of the Commission
p.(None): issues a decision by which the procedure for dealing with the second claim is stopped and the patient is informed about the possibility of asserting a claim for damages before the court.
p.(None): (4) If the participants do not conclude a settlement or do not reach an agreement on the commencement of the mediation procedure and the patient does not request compensation for the alleged violation, the procedure shall be
p.(None): continues in the Senate hearing.
p.(None): (5) Minutes shall be drawn up on the course of the preparatory hearing, which shall be signed by all those who participated in the hearing. The patient receives a copy of the signed record immediately.
p.(None): 2.3 Mediation procedure
p.(None): Article 71
p.(None): (mediation agreement)
p.(None): (1) The patient and the healthcare provider shall agree in a written agreement on mediation on the selected mediator from the list of mediators and on all issues related to
p.(None): implementation of the mediation procedure.
p.(None): (2) If, despite the agreement on the commencement of the mediation procedure, the patient and the healthcare provider do not reach an agreement on the appointment of a mediator, he shall determine the mediator from the list of mediators.
p.(None): the President of the Commission.
p.(None): Article 72
p.(None): (mediation procedure)
p.(None): (1) Mediation is a procedure in which the participants, with the support of the mediator and taking into account the interests of all participants, try to resolve the dispute and reach an agreement.
p.(None): (2) The agreement must be clear and definite and must not be to the detriment of public benefit, public morals or the legal benefit of others. The agreement is concluded when it is signed by the parties to the dispute.
p.(None): (3) In addition to the patient and the healthcare provider, the insurance company with which the healthcare provider has
p.(None): insured liability, or another legal or natural person.
p.(None): (4) If the participants do not reach an agreement within 45 days after the conclusion of the mediation agreement, the mediation may, in agreement with the participants, be extended for a maximum of 30 days. If participants in this
p.(None): they do not reach an agreement, the mediator completes the mediation process and the process of dealing with the second request continues before the Commission Chamber. If the patient seeks compensation
p.(None): due to the alleged violation, the mediator shall inform the President of the Commission, who shall act in accordance with the third paragraph of Article 70 of this Act.
p.(None): (5) The agreement reached in mediation, approved by the President of the Commission with the prior consent of both participants, is an enforceable title. The President shall not confirm the agreement if it is concluded in
p.(None): contrary to the second paragraph of this Article or if it is contrary to mandatory regulations in the field of protection of patients' rights.
p.(None): (6) The minister responsible for health shall keep a list of mediators who carry out mediation in accordance with this Act. Mediators on this list cannot be members of the Commission at the same time.
p.(None): (7) The Minister responsible for health shall determine by regulations:
p.(None): - conditions for inclusion of mediators on the list of mediators referred to in the previous paragraph of this Article,
p.(None): - qualification criteria for mediators,
p.(None): - more detailed rules of the mediation procedure,
p.(None): - the method of supervising the work of mediators,
p.(None): - the method of keeping statistical data on performed mediation procedures.
p.(None): 2.4 Procedure for dealing with a second request before the Commission in a panel hearing
p.(None): 2.4.1 General
p.(None): Article 73
p.(None): (formation of senates)
p.(None): (1) The procedure for considering a second request shall be carried out in chambers, the composition of which shall be determined on a case-by-case basis, taking into account the content of the second request, by the President of the Commission.
p.(None): (2) No later than 10 days from the expiry of the time limits referred to in the fourth paragraph of Article 72 of this Act or from the receipt of the minutes from the preparatory hearing, the President of the Commission shall determine the members
p.(None): Senate and their alternates.
p.(None): (3) The Senate shall consist of three members, one of whom is a representative of non-governmental organizations. The President of the Senate is a member of the Commission who chaired the preparatory hearing. The Senate decides by a majority vote of all
p.(None): members.
...
Appendix
Indicator List
Indicator | Vulnerability |
access | Access to Social Goods |
age | Age |
authority | Relationship to Authority |
autonomy | Impaired Autonomy |
belief | Religion |
child | Child |
children | Child |
crime | Illegal Activity |
criminal | criminal |
disability | Mentally Disabled |
education | education |
emergency | Public Emergency |
employees | employees |
ethnic | Ethnicity |
faith | Religion |
family | Motherhood/Family |
gender | gender |
illness | Physically Disabled |
incapable | Mentally Incapacitated |
incapacity | Incapacitated |
language | Linguistic Proficiency |
not employed | Unemployment |
opinion | philosophical differences/differences of opinion |
parent | parents |
parents | parents |
party | political affiliation |
political | political affiliation |
race | Racial Minority |
religion | Religion |
religious | Religion |
restricted | Incarcerated |
union | Trade Union Membership |
victim | Victim of Abuse |
vulnerable | vulnerable |
Indicator Peers (Indicators in Same Vulnerability)
Indicator | Peers |
belief | ['faith', 'religion', 'religious'] |
child | ['children'] |
children | ['child'] |
faith | ['belief', 'religion', 'religious'] |
parent | ['parents'] |
parents | ['parent'] |
party | ['political'] |
political | ['party'] |
religion | ['faith', 'belief', 'religious'] |
religious | ['faith', 'belief', 'religion'] |
Trigger Words
capacity
consent
cultural
ethics
harm
justice
protect
protection
risk
Applicable Type / Vulnerability / Indicator Overlay for this Input