79C3C34C52B45572883A05D425EB0F82
The Safeguarding and Protection of Patients' Rights Law (2004)
http://www.bioethics.gov.cy/Moh/cnbc/cnbc.nsf/All/745717D26F068582C2257CCA003B350F/$file/Patients%20Rights%20Law-English%20translation.pdf
http://leaux.net/URLS/ConvertAPI Text Files/A239446E51A827A04D167F76ED9316D9.en.txt
Examining the file media/Synopses/A239446E51A827A04D167F76ED9316D9.html:
This file was generated: 2020-12-01 05:45:23
| 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 / political affiliation
Searching for indicator political:
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p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
p.000004: within a reasonable time according to those needs:
p.000004: Provided that, in the case of a medical emergency the patient shall have the right to receive urgent health care
p.000004: unconditionally.
p.000004:
p.000004: (2) The patient shall have the right to receive good quality health care, characterized by high technical
p.000004: standards as well as human relations between the patient and the health care services provider.
p.000004:
p.000004: (3) The decision for choosing between different kinds of treatment and care shall be taken by the health care services
p.000004: provider and shall be primarily related to the patient’s interest.
p.000004:
...
Health / Mentally Disabled
Searching for indicator disability:
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p.000001: “health care” means any form of medical, dental, paramedical, laboratory, pharmaceutical or nursing service for
p.000001: prevention, diagnosis, treatment or promotion of health, including mental health;
p.000001: “health care services” means any form of health care service in the public or private sector provided to a person as a
p.000001: patient;
p.000001:
p.000001:
p.000001:
p.000002: 2
p.000002:
p.000002: Office of the Law Commissioner
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
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p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 90(I) of 2001.
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Cap. 250.
p.000002: 30 of 1959
p.000002: 30 of 1961
p.000002: 53 of 1961
p.000002: 79 of 1968
p.000002: 114 of 1968
p.000002: 14 of 1974
p.000002: 18 of 1979
p.000002: 72 of 1991
p.000002: 66(I) of 1995
p.000002:
p.000002: “health care services provider” means a doctor, a dentist, a pharmacist, a nurse, a midwife
p.000002: and a member of paramedical personnel, registered or licensed under the relevant law, or, if the
p.000002: profession in question is not regulated by law, is recognized as such, as well as administrative personnel which
p.000002: provides or is involved in the provision of, health care services;
p.000002: “life-threatening situation” means a situation threatening immediate danger to life or severe, irreversible
p.000002: disability if medical care is not provided;
p.000002: “medical emergency” means an incident threatening immediate danger to life or severe, irreversible
p.000002: disability, if medical care is not provided urgently;
p.000002: “medical institution” means any premises where health care services are provided, either by an individual
p.000002: or a group of individuals, and includes a hospital, a medical care institution, a health center and any place where
p.000002: health care services are provided, belonging to, or controlled by, the Republic or any public corporate
p.000002: or unincorporate body, or local authority, as well as any private medical care institution, as defined by the
p.000002: Private Medical Care Institutions (Control of Establishment and Operation) Law, 2001, including a
p.000002: diagnostic center, a private practice, a clinical laboratory and a pharmacy of the private sector;
p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
...
Health / Motherhood/Family
Searching for indicator family:
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p.000004: the functioning of the health care system).
p.000004:
p.000004: (6) (a) When there is no longer a medical reason for a patient to remain in a medical institution,
p.000004: the patient shall have the
p.000004:
p.000005: 5
p.000005:
p.000005: Office of the Law Commissioner
p.000005:
p.000005:
p.000005: right to be fully informed before he is discharged or transferred to another institution, if this is
p.000005: deemed expedient, as the case may be:
p.000005: Provided that, a transfer to another institution may be made, only if the administration of such other institution
p.000005: has agreed to accept the said patient.
p.000005:
p.000005: (b) When the patient is discharged and, if his condition so requires, community and home services shall
p.000005: be provided, provided that this is compatible with the functioning of the health care system.
p.000005:
p.000005: (7) Notwithstanding the above, a medical practitioner shall have a duty to operate in accordance with the
p.000005: Medical Professional Ethics Regulations of the Board of the Pancyprian Medical Association and on the basis of
p.000005: the relevant professional obligations and standards.
p.000005:
p.000005:
p.000005: Dignified treatment.
p.000005: 5.–(1) The patient shall have the right to be treated with dignity during health care provision, which shall be
p.000005: rendered with appropriate respect for his cultural values.
p.000005:
p.000005: (2) The patient shall have the right during the provision of health care, to enjoy the support of his
p.000005: family, relatives and friends and continuous spiritual support, including religious as well as
p.000005: psychological support and guidance, if needed:
p.000005:
p.000005: Provided that, a patient admitted to a medical institution shall have the right to receive visitors at such
p.000005: times and according to the arrangements, determined by the administration of the said institution, on the basis of
p.000005: the requirements of the patient’s health care and the proper functioning of the institution.
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: Office of the Law Commissioner
p.000006:
p.000006:
p.000006: (3) The patient shall have the right to be relieved from pain and suffering, in accordance with the
p.000006: available scientific knowledge and the Medical Professional Ethics Regulations of the Board of the
p.000006: Pancyprian Medical Association, in force for the time being, within the limits of the law and legitimate procedures.
p.000006:
p.000006: (4) The patient shall have the right to health care and respect of his dignity all through the final stage of his life,
p.000006: within the limits of the law and legitimate procedures.
p.000006:
p.000006:
p.000006: Access to health care services.
p.000006: 6. Health care services must always be available and accessible, in accordance with the capacity of the existing Health
p.000006: Care System and the available financial, human and material resources of the state.
p.000006:
p.000006:
p.000006: Prohibition of unfavourable discrimination.
...
p.000014: (c) the information is disclosed to the medical institution providing health care to the patient
p.000014: or to a member of its staff for the purposes of processing, or filing the information, or for notification
p.000014: required by law;
p.000014: (d) the disclosure of information is for the purpose of publication in medical journals or for research or
p.000014: teaching purposes, provided that all information identifying the patient is not disclosed;
p.000014: (e) there is a legal obligation to this effect;
p.000014:
p.000014: (f) the Board of the Pancyprian Medical Association has decided, after giving both the medical
p.000014: practitioner and the patient an opportunity to express their views, that the non- disclosure of the
p.000014: information could possibly cause serious harm to other persons´ health or physical integrity or have
p.000014: serious impact to the society as a whole:
p.000014: Provided that, information shall be disclosed to the extent that the case requires making every effort
p.000014: to keep the identity of the patient:
p.000014: Provided further that, each person receiving information, pursuant to this section, shall be
p.000014: subject to the provisions of subsection (1) of this section.
p.000014:
p.000014:
p.000014:
p.000015: 15
p.000015:
p.000015: Office of the Law Commissioner
p.000015:
p.000015:
p.000015: (3) All information and data that may possibly reveal the identity of the patient should be protected.
p.000015:
p.000015:
p.000015: Protection of the patient’s privacy.
p.000015: 16.–(1) There can be no intrusion into a patient’s private and family life, unless with the patient’s consent and if
p.000015: this is deemed necessary for his diagnosis, treatment or care.
p.000015: (2) Health care shall only be provided with appropriate respect for the patient’s private life and shall, as a rule, be
p.000015: given in the presence only of those persons who are necessary for the provision of health care.
p.000015:
p.000015: (3) A patient admitted to a medical institution shall be entitled to facilities or arrangements which
p.000015: ensure the protection of his privacy, particularly when the medical or nursing staff is providing
p.000015: personal care or carrying out medical tests or other treatment.
p.000015:
p.000015:
p.000015: Keeping medical records.
p.000015: 17.–(1) The competent health care services provider has a duty to keep medical records showing the
p.000015: course of the treatment of the patient. These records shall include detailed data identifying the
p.000015: patient and the competent health care services provider, as well as medical information on the treatment
p.000015: received by the patient, his previous medical record, as far as known, the diagnosis of his current medical
p.000015: condition and the treatment currently provided:
p.000015: Provided that, personal notes of the health care services provider shall not form part of the medical record.
p.000015:
p.000015:
p.000015:
p.000015:
p.000015:
p.000015:
p.000015:
p.000015: 138(I) of 2001
p.000015: 37(I) of 2003.
p.000015: (2) The administration of a medical institution or the health care services provider, as the case may
p.000015: be, shall have responsibility to keep and safeguard regular and updated medical records, in
...
Health / Physically Disabled
Searching for indicator illness:
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p.000002: “medical institution” means any premises where health care services are provided, either by an individual
p.000002: or a group of individuals, and includes a hospital, a medical care institution, a health center and any place where
p.000002: health care services are provided, belonging to, or controlled by, the Republic or any public corporate
p.000002: or unincorporate body, or local authority, as well as any private medical care institution, as defined by the
p.000002: Private Medical Care Institutions (Control of Establishment and Operation) Law, 2001, including a
p.000002: diagnostic center, a private practice, a clinical laboratory and a pharmacy of the private sector;
p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
...
Social / Access to Social Goods
Searching for indicator access:
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p.000005: Dignified treatment.
p.000005: 5.–(1) The patient shall have the right to be treated with dignity during health care provision, which shall be
p.000005: rendered with appropriate respect for his cultural values.
p.000005:
p.000005: (2) The patient shall have the right during the provision of health care, to enjoy the support of his
p.000005: family, relatives and friends and continuous spiritual support, including religious as well as
p.000005: psychological support and guidance, if needed:
p.000005:
p.000005: Provided that, a patient admitted to a medical institution shall have the right to receive visitors at such
p.000005: times and according to the arrangements, determined by the administration of the said institution, on the basis of
p.000005: the requirements of the patient’s health care and the proper functioning of the institution.
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: Office of the Law Commissioner
p.000006:
p.000006:
p.000006: (3) The patient shall have the right to be relieved from pain and suffering, in accordance with the
p.000006: available scientific knowledge and the Medical Professional Ethics Regulations of the Board of the
p.000006: Pancyprian Medical Association, in force for the time being, within the limits of the law and legitimate procedures.
p.000006:
p.000006: (4) The patient shall have the right to health care and respect of his dignity all through the final stage of his life,
p.000006: within the limits of the law and legitimate procedures.
p.000006:
p.000006:
p.000006: Access to health care services.
p.000006: 6. Health care services must always be available and accessible, in accordance with the capacity of the existing Health
p.000006: Care System and the available financial, human and material resources of the state.
p.000006:
p.000006:
p.000006: Prohibition of unfavourable discrimination.
p.000006: 7.–(1) Health care shall be provided to all equally and without unfavourable discrimination.
p.000006: (2) Where as a matter of fact, a choice must be made between patients for the provision of a particular
p.000006: health care service, this should be made without discrimination, in a fair manner and on the basis of objective
p.000006: scientific/professional criteria.
p.000006:
p.000006:
p.000006: Health care in a medical emergency or in a life- threatening situation.
p.000006: 8.–(1) Where a medical institution or a medical practitioner or other competent health care services provider is
p.000006: requested to provide health care to a patient in circumstances, prima facie, constituting a medical emergency or a
p.000006: life-threatening situation, he shall examine and treat the patient, the soonest possible, to the best of
p.000006: his ability or the capacity of the institution.
p.000006: (2) Where in the cases mentioned in subsection (1), the medical institution or the medical practitioner
p.000006: or other competent health care services provider is unable to provide health care to a patient, he shall refer him
p.000006: to another medical institution or health care services provider
p.000007: 7
p.000007:
p.000007: Office of the Law Commissioner
p.000007:
p.000007:
...
p.000015: personal care or carrying out medical tests or other treatment.
p.000015:
p.000015:
p.000015: Keeping medical records.
p.000015: 17.–(1) The competent health care services provider has a duty to keep medical records showing the
p.000015: course of the treatment of the patient. These records shall include detailed data identifying the
p.000015: patient and the competent health care services provider, as well as medical information on the treatment
p.000015: received by the patient, his previous medical record, as far as known, the diagnosis of his current medical
p.000015: condition and the treatment currently provided:
p.000015: Provided that, personal notes of the health care services provider shall not form part of the medical record.
p.000015:
p.000015:
p.000015:
p.000015:
p.000015:
p.000015:
p.000015:
p.000015: 138(I) of 2001
p.000015: 37(I) of 2003.
p.000015: (2) The administration of a medical institution or the health care services provider, as the case may
p.000015: be, shall have responsibility to keep and safeguard regular and updated medical records, in
p.000015: accordance with the Processing of Personal Data (Protection of Individuals) Laws, 2001 and 2003.
p.000015:
p.000015:
p.000016: 16
p.000016:
p.000016: Office of the Law Commissioner
p.000016:
p.000016:
p.000016:
p.000016: Rights of the patient regarding medical records.
p.000016:
p.000016:
p.000016: Official Gazette,
p.000016: Supplement III(I): 8.11.2002.
p.000016:
p.000016: 18.–(1) The patient shall have the right to be informed of, to have access to and to object to, data
p.000016: relating to him, which is contained in the medical records and, in the exercise of these rights, the provisions of
p.000016: sections 11 to 14 of the Processing of Personal Data (Protection of Individuals) Laws, 2001 and 2003 and of the
p.000016: Processing of Personal Data (Licenses and Fees) Regulations, 2002, shall apply, mutatis mutandis.
p.000016:
p.000016: (2) Without prejudice to the provisions of subsection (1), the patient’s right of access to his medical
p.000016: records shall enable him, directly or indirectly through his legal representative, to receive
p.000016: information contained in these records, or a copy or extract thereof. This right includes the rectification
p.000016: of this information, their erasure and the blocking of the records by reason of inaccuracies and shortages:
p.000016: Provided that, the right of access may be limited, rejected or suspended by the person for the time
p.000016: being responsible for keeping such medical records if–
p.000016:
p.000016: (a) this information is likely to cause serious harm to the patient’s health, in which case the
p.000016: provisions of the second proviso to subsection (1) of section 11, shall apply, mutatis mutandis; or
p.000016: (b) information on third parties may be disclosed and it is impossible to prevent access to such
p.000016: information; or
p.000016: (c) in the case of genetic data, this information is likely to cause serious harm to consanguine or uterine
p.000016: kin or to a person who has a direct link with this genetic line.
p.000016:
p.000016:
p.000016: Right of representation.
p.000016: 19. The patient shall have the right of appropriate representation, through the duly registered
p.000016: pancyprian representative bodies, representing groups of patients, in institutional organs, for the purpose
p.000016:
p.000017: 17
p.000017:
p.000017: Office of the Law Commissioner
p.000017:
p.000017:
p.000017: of expressing views, with regard to programming, formation and implementation of policy in matters of
p.000017: health.
p.000017:
p.000017:
p.000017: Payment of health care services provider.
p.000017: 20. Nothing in this Law shall affect the right of a health care services provider or a medical institution to payment.
p.000017:
p.000017: PART III – CONTROL MECHANISMS
p.000017:
p.000017:
p.000017:
p.000017: Exercise of the rights pursuant to this Law.
p.000017: 21.–(1) This Part shall apply for the purpose of exercising the patients' rights pursuant to this Law:
p.000017: Provided that, in cases of exercising the rights of section 18 the provisions of the Processing of Personal
p.000017: Data (Protection of Individuals) Laws 2001 and 2003, shall apply.
p.000017:
p.000017: (2) The enjoyment of the rights provided by this Law must be ensured without any unfavourable
p.000017: discrimination.
p.000017:
p.000017: (3) The enjoyment/exercise of the rights provided by this Law shall be subject only to regulations compatible with
p.000017: international treaties on human rights.
p.000017:
...
Searching for indicator access to information:
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p.000016:
p.000017: 17
p.000017:
p.000017: Office of the Law Commissioner
p.000017:
p.000017:
p.000017: of expressing views, with regard to programming, formation and implementation of policy in matters of
p.000017: health.
p.000017:
p.000017:
p.000017: Payment of health care services provider.
p.000017: 20. Nothing in this Law shall affect the right of a health care services provider or a medical institution to payment.
p.000017:
p.000017: PART III – CONTROL MECHANISMS
p.000017:
p.000017:
p.000017:
p.000017: Exercise of the rights pursuant to this Law.
p.000017: 21.–(1) This Part shall apply for the purpose of exercising the patients' rights pursuant to this Law:
p.000017: Provided that, in cases of exercising the rights of section 18 the provisions of the Processing of Personal
p.000017: Data (Protection of Individuals) Laws 2001 and 2003, shall apply.
p.000017:
p.000017: (2) The enjoyment of the rights provided by this Law must be ensured without any unfavourable
p.000017: discrimination.
p.000017:
p.000017: (3) The enjoyment/exercise of the rights provided by this Law shall be subject only to regulations compatible with
p.000017: international treaties on human rights.
p.000017:
p.000017: (4) If the patient cannot himself exercise the rights mentioned in this Part, such rights shall be exercised by his
p.000017: legal representative or the person whom the patient has appointed to this effect. In the absence of such
p.000017: representative, other reasonable measures shall be taken for the effective exercise of the patient's rights.
p.000017:
p.000017: (5) Subject to the provisions of the proviso to subsection (1), the patient shall have the right to have
p.000017: access to information and advice enabling him to exercise the rights prescribed in this Part. There shall be provided
p.000017: to the patient any information and/or assistance for the process of submitting his complaints.
p.000018: 18
p.000018:
p.000018: Office of the Law Commissioner
p.000018:
p.000018:
p.000018: (6) The patients' complaints shall be fully examined without delay, in accordance with the provisions of the
p.000018: following sections and the patient shall be informed of the reasoned outcome of the examination immediately after
p.000018: the issue thereof.
p.000018:
p.000018:
p.000018: Patients’ Rights Officer for the safeguarding
p.000018: of the patients' rights in a State hospital.
p.000018: 22.–(1) Every State hospital shall have a duty to designate a person to be responsible for the safeguarding
p.000018: of the patients' rights (hereinafter referred to as “Patients’ Rights Officer”), whose duties are the following:
p.000018:
p.000018: (a) to give advice and assistance to the patients for the purpose of safeguarding of the rights provided
p.000018: under this Law;
p.000018: (b) to receive and handle complaints of patients which require, in his judgment, immediate handling, otherwise
p.000018: to refer them to the Complaints Examination Committee established pursuant to section 23;
p.000018: (c) to guide and inform the medical, paramedical, nursing and administrative personnel of the institution on
p.000018: all matters relating to the provisions of this Law:
p.000018: Provided that, nothing in this section shall give competence to
p.000018:
p.000018: (i) examine matters concerning medical expert evidence, or medical negligence or a claim for compensation; or
...
Social / Age
Searching for indicator age:
(return to top)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
p.000004: within a reasonable time according to those needs:
p.000004: Provided that, in the case of a medical emergency the patient shall have the right to receive urgent health care
p.000004: unconditionally.
p.000004:
p.000004: (2) The patient shall have the right to receive good quality health care, characterized by high technical
p.000004: standards as well as human relations between the patient and the health care services provider.
p.000004:
p.000004: (3) The decision for choosing between different kinds of treatment and care shall be taken by the health care services
p.000004: provider and shall be primarily related to the patient’s interest.
p.000004:
p.000004: (4) The patient shall have the right to uninterrupted continuation of health care and to expect the cooperation
p.000004: between all health care services providers and medical institutions involved in the diagnosis, treatment and
...
p.000011: from previously expressed wishes that he would have refused.
p.000011: (2) Where due to the patient’s physical or mental state a person is or should have been, appointed by law, whose
p.000011: consent is required and the provision of health care is urgently needed, such health care may be provided, if it is not
p.000011: possible to obtain in time such consent, unless it is obvious that, in the circumstances the said person would
p.000011: have refused:
p.000011: Provided that, when the consent of the person appointed by law is required, the patient shall be involved in
p.000011: the process to the extent that his capacity and circumstances allow.
p.000011:
p.000011: (3) Where, according to the law, a minor does not have capacity to consent to his receiving health care, health care
p.000011: may only be provided with the authorization of his parent or another person, who according to the law may provide
p.000011: such authorization and the provisions of subsection (2) shall apply, mutatis mutandis:
p.000011:
p.000011: Provided that, the opinion of the minor shall be taken into consideration as an increasingly determining
p.000011: factor in proportion to his age and degree of maturity.
p.000011: (4) If the person appointed by law or, in the case of a minor, his parent or another person, pursuant to
p.000011: subsection (3), refuses to give
p.000012: 12
p.000012:
p.000012: Office of the Law Commissioner
p.000012:
p.000012:
p.000012: consent and the health care services provider believes that health care is in the interest of the patient, the matter,
p.000012: if time allows, is referred to a court or to another body, as may be, from time to time, prescribed by the law:
p.000012: Provided that, in case of a medical emergency, the health care services provider shall act in his judgment to the
p.000012: patient’s best interest.
p.000012:
p.000012: (5) In any case where proper consent is impossible to be obtained–
p.000012:
p.000012: (a) any health care imposed as urgent may only be provided if the health care services provider deems it to
p.000012: be to the benefit of the patient’s health or conducive to the patient’s best interest;
p.000012: (b) any previously expressed wishes of the patient concerning health care shall be taken into consideration.
p.000012:
p.000012:
p.000012: Participation of the patient in scientific research or experimental treatment.
p.000012: 14.–(1) Subject to the provisions of any law in force for the time being, the participation of a
p.000012: patient in scientific research or experimental treatment shall be allowed only in the following
p.000012: circumstances:
p.000012: (a) there is no alternative solution of comparable effectiveness;
...
Social / Ethnicity
Searching for indicator ethnic:
(return to top)
p.000002: diagnostic center, a private practice, a clinical laboratory and a pharmacy of the private sector;
p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
p.000004: within a reasonable time according to those needs:
p.000004: Provided that, in the case of a medical emergency the patient shall have the right to receive urgent health care
p.000004: unconditionally.
p.000004:
p.000004: (2) The patient shall have the right to receive good quality health care, characterized by high technical
p.000004: standards as well as human relations between the patient and the health care services provider.
p.000004:
p.000004: (3) The decision for choosing between different kinds of treatment and care shall be taken by the health care services
p.000004: provider and shall be primarily related to the patient’s interest.
p.000004:
...
Social / Police Officer
Searching for indicator officer:
(return to top)
p.000017: Provided that, in cases of exercising the rights of section 18 the provisions of the Processing of Personal
p.000017: Data (Protection of Individuals) Laws 2001 and 2003, shall apply.
p.000017:
p.000017: (2) The enjoyment of the rights provided by this Law must be ensured without any unfavourable
p.000017: discrimination.
p.000017:
p.000017: (3) The enjoyment/exercise of the rights provided by this Law shall be subject only to regulations compatible with
p.000017: international treaties on human rights.
p.000017:
p.000017: (4) If the patient cannot himself exercise the rights mentioned in this Part, such rights shall be exercised by his
p.000017: legal representative or the person whom the patient has appointed to this effect. In the absence of such
p.000017: representative, other reasonable measures shall be taken for the effective exercise of the patient's rights.
p.000017:
p.000017: (5) Subject to the provisions of the proviso to subsection (1), the patient shall have the right to have
p.000017: access to information and advice enabling him to exercise the rights prescribed in this Part. There shall be provided
p.000017: to the patient any information and/or assistance for the process of submitting his complaints.
p.000018: 18
p.000018:
p.000018: Office of the Law Commissioner
p.000018:
p.000018:
p.000018: (6) The patients' complaints shall be fully examined without delay, in accordance with the provisions of the
p.000018: following sections and the patient shall be informed of the reasoned outcome of the examination immediately after
p.000018: the issue thereof.
p.000018:
p.000018:
p.000018: Patients’ Rights Officer for the safeguarding
p.000018: of the patients' rights in a State hospital.
p.000018: 22.–(1) Every State hospital shall have a duty to designate a person to be responsible for the safeguarding
p.000018: of the patients' rights (hereinafter referred to as “Patients’ Rights Officer”), whose duties are the following:
p.000018:
p.000018: (a) to give advice and assistance to the patients for the purpose of safeguarding of the rights provided
p.000018: under this Law;
p.000018: (b) to receive and handle complaints of patients which require, in his judgment, immediate handling, otherwise
p.000018: to refer them to the Complaints Examination Committee established pursuant to section 23;
p.000018: (c) to guide and inform the medical, paramedical, nursing and administrative personnel of the institution on
p.000018: all matters relating to the provisions of this Law:
p.000018: Provided that, nothing in this section shall give competence to
p.000018:
p.000018: (i) examine matters concerning medical expert evidence, or medical negligence or a claim for compensation; or
p.000018: (ii) take disciplinary measures for any matter for which the Disciplinary Board of the Pancyprian
p.000018: Medical Association and/or the competent authority have competence.
p.000018:
p.000018: (2) Duties of the Patients’ Rights Officer are assigned to a civil servant or other appropriate person
p.000018: by the Minister of Health, in collaboration with the Minister of Finance, in accordance with the applied
p.000018: procedure in force for the time being. The Patients’ Rights
p.000019: 19
p.000019:
p.000019: Office of the Law Commissioner
p.000019:
p.000019:
p.000019: Officer must be independent from the health care services providers of the state hospital in for which he is assigned
p.000019: duties and is accountable to the general administration of the Ministry of Health.
p.000019:
p.000019: (3) In case where the Patients’ Rights Officer is unable to perform his duties mentioned in subsection (1), his
p.000019: representative, to whom those duties are assigned in the same manner and who has the same responsibilities as the
p.000019: Patients’ Rights Officer, may perform such duties.
p.000019:
p.000019: (4) The Patients’ Rights Officer, pursuant to subsection (1), or his representative, pursuant to subsection (3),
p.000019: shall have an obligation to perform the said duties impartially and shall try to procure the best possible
p.000019: solution, always having in mind the best possible, under the circumstances, manner of safeguarding the patient's
p.000019: rights.
p.000019:
p.000019: (5) The administration of the State hospital shall take all appropriate measures in order to comply with the
p.000019: obligations imposed thereto pursuant to this section.
p.000019:
p.000019:
p.000019: Complaints Examination Committee.
p.000019: 23.–(1) There shall be established a Complaints Examination Committee (hereinafter referred to as
p.000019: the “Committee”), one per district, with competence–
p.000019:
p.000019: (a) with respect to the medical institutions falling within the provisions of section 22–
p.000019:
p.000019: (i) to examine complaints of patients referred to it by the Patients’ Rights Officer; and
p.000019: (ii) to examine at second instance any complaints of patients, who have not been satisfied by the decision of
p.000019: the Patients’ Rights Officer, pursuant to section 22 or by a decision pursuant to subparagraph (i).
p.000020: 20
p.000020:
p.000020: Office of the Law Commissioner
p.000020:
p.000020:
p.000020: (b) with respect to the medical institutions not falling within the provisions of section 22–
p.000020:
p.000020: (i) to examine at first instance complaints of patients; and
p.000020: (ii) to examine at second instance complaints of patients who have not been satisfied by a decision,
p.000020: pursuant to subparagraph (i):
p.000020:
p.000020: Provided that, nothing in this section shall give competence
p.000020: to–
p.000020:
p.000020: (i) examine matters concerning medical expert evidence, or medical negligence or a claim for compensation; or
p.000020: (ii) take disciplinary measures for any matter for which the Disciplinary Board of the Pancyprian
p.000020: Medical Association and/or the competent authority have competence, in which case the provisions of subsection (8),
p.000020: shall apply.
p.000020:
p.000020: (2) (a) The Committee shall consist of five members appointed as such by the Minister for a term of office of four
p.000020: years. Three members shall form a quorum.
p.000020:
p.000020: (b) (i) The Chairman of the Committee, at least, must be independent from the health care services
p.000020: providers and the medical institutions seated in the relevant district;
p.000020: (ii) a member of the Committee examining a particular complaint must be independent from the health care services
p.000020: provider and/or the medical institution to whom the complaint relates and, in any case, where there may be an
p.000020: impediment, the member must declare the impediment.
p.000021: 21
p.000021:
p.000021: Office of the Law Commissioner
p.000021:
p.000021:
...
p.000022: the affected health care services provider and/or medical institution who shall be obliged to take it
p.000022: seriously into consideration.
p.000022:
p.000022: (7) The minutes of the Committee’s meetings, all the preparative material for the Committee’s meetings
p.000022: submitted before it and the conclusions of the Committee’s meetings shall be confidential.
p.000022:
p.000022: (8) In case where the Committee deems that there is a prima facie case for taking disciplinary measures, it shall
p.000022: inform the competent for the health care services provider to whom the complaint relates, professional body
p.000022: and/or authority, as the case may be.
p.000022:
p.000022:
p.000022: Obligation to inform patients for submission of complaints.
p.000022: 24.–(1) The administration of a medical institution or the health care services provider shall have an obligation to
p.000022: poster at a conspicuous place and/or inform the patient of the names of the persons comprising the competent
p.000022: Committee mentioned in subsection (1) of section 23, and to provide more specific information whether
p.000022: the particular Committee has competence over the particular institution or the particular health care
p.000022: services provider, as the case may be, to hear complaints under paragraph (a) or paragraph (b) of subsection (1) of
p.000022: section 23 and the way to contact the members of the Committee.
p.000022: (2) The administration of a State hospital shall, in addition to the provisions of subsection (1),
p.000022: have an obligation to poster at a conspicuous place and/or inform the patient in time of the name of the
p.000022: Patients’ Rights Officer and his representative, appointed pursuant to subsections (1) and (3) of section 22,
p.000022: respectively.
p.000022:
p.000022:
p.000023: 23
p.000023:
p.000023: Office of the Law Commissioner
p.000023:
p.000023:
p.000023: PART IV – FINAL PROVISIONS
p.000023:
p.000023:
p.000023: Offences and penalties.
p.000023: 25. A health care services provider who contravenes any of the provisions of section 17 shall be guilty of an
p.000023: offence and the provisions of sections 25 and 26 of the Processing of Personal Data (Protection of Individuals) Laws,
p.000023: 2001 and 2003 shall apply mutatis mutandis:
p.000023: Provided that, in order to constitute an offence pursuant to this subsection, proof of intent or professional
p.000023: negligence shall not be required.
p.000023:
p.000023: Regulations. 26.–(1) The Council of Ministers has the power to make Regulations to be published in
p.000023: the Official Gazette of the Republic in relation to any matter which shall or may be prescribed and generally for
p.000023: the better carrying into effect of the provisions of this Law.
p.000023: (2) Without prejudice to the generality of subsection (1), Regulations made thereunder, may provide–
p.000023: (a) for the manner of informing patients regarding the rights regulated by this Law and the exercise
p.000023: thereof;
p.000023: (b) for the manner of transferring a patient to an appropriate medical institution;
p.000023: (c) for the manner in which a patient may nominate another person to receive medical information on his
p.000023: behalf;
p.000023: (d) for the manner in which decisions shall be taken by the Patients´ Rights Officer pursuant to section
p.000023: 22;
p.000023: (e) for the composition, functioning and any other matter regarding the Complaints Examination
p.000023: Committee pursuant to section 23;
p.000023: (f) for the manner of informing patients about the Patients’ Rights Officer and the Complaints Examination
p.000023: Committee, pursuant to section 24.
p.000023:
p.000024: 24
p.000024:
p.000024: Office of the Law Commissioner
p.000024:
p.000024:
p.000024: (3) Regulations made under this Law shall be laid before the House of Representatives for approval or rejection
p.000024: within sixty days of their laying. If the House of Representatives approves the Regulations or the period of
p.000024: sixty days so expires, the Regulations shall be published in the Official Gazette of the Republic and shall
p.000024: come into force as from the date of their publication.
p.000024:
p.000024:
p.000024: Entry into force of this Law.
p.000024: 27. This Law shall come into force within three months from the day of its publication in the Official Gazette of the
p.000024: Republic.*
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024:
p.000024: * Law 1(I)/2005 was published in the Official Gazette of the Republic on 7.1.2005.
...
Social / Property Ownership
Searching for indicator home:
(return to top)
p.000004:
p.000004: (3) The decision for choosing between different kinds of treatment and care shall be taken by the health care services
p.000004: provider and shall be primarily related to the patient’s interest.
p.000004:
p.000004: (4) The patient shall have the right to uninterrupted continuation of health care and to expect the cooperation
p.000004: between all health care services providers and medical institutions involved in the diagnosis, treatment and
p.000004: care related to him.
p.000004:
p.000004: (5) (a) The patient shall have an inalienable right to choose and to change the medical institution or
p.000004: health care services provider providing health care to him, (provided that this is compatible with the
p.000004: functioning of the health care system).
p.000004: (b) The medical institution or the health care services provider shall give the patient every reasonable
p.000004: facility for the exercise of the right referred to in paragraph (a), (provided that this is compatible with
p.000004: the functioning of the health care system).
p.000004:
p.000004: (6) (a) When there is no longer a medical reason for a patient to remain in a medical institution,
p.000004: the patient shall have the
p.000004:
p.000005: 5
p.000005:
p.000005: Office of the Law Commissioner
p.000005:
p.000005:
p.000005: right to be fully informed before he is discharged or transferred to another institution, if this is
p.000005: deemed expedient, as the case may be:
p.000005: Provided that, a transfer to another institution may be made, only if the administration of such other institution
p.000005: has agreed to accept the said patient.
p.000005:
p.000005: (b) When the patient is discharged and, if his condition so requires, community and home services shall
p.000005: be provided, provided that this is compatible with the functioning of the health care system.
p.000005:
p.000005: (7) Notwithstanding the above, a medical practitioner shall have a duty to operate in accordance with the
p.000005: Medical Professional Ethics Regulations of the Board of the Pancyprian Medical Association and on the basis of
p.000005: the relevant professional obligations and standards.
p.000005:
p.000005:
p.000005: Dignified treatment.
p.000005: 5.–(1) The patient shall have the right to be treated with dignity during health care provision, which shall be
p.000005: rendered with appropriate respect for his cultural values.
p.000005:
p.000005: (2) The patient shall have the right during the provision of health care, to enjoy the support of his
p.000005: family, relatives and friends and continuous spiritual support, including religious as well as
p.000005: psychological support and guidance, if needed:
p.000005:
p.000005: Provided that, a patient admitted to a medical institution shall have the right to receive visitors at such
p.000005: times and according to the arrangements, determined by the administration of the said institution, on the basis of
p.000005: the requirements of the patient’s health care and the proper functioning of the institution.
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: Office of the Law Commissioner
p.000006:
p.000006:
p.000006: (3) The patient shall have the right to be relieved from pain and suffering, in accordance with the
...
Social / Racial Minority
Searching for indicator racial:
(return to top)
p.000002: diagnostic center, a private practice, a clinical laboratory and a pharmacy of the private sector;
p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
p.000004: within a reasonable time according to those needs:
p.000004: Provided that, in the case of a medical emergency the patient shall have the right to receive urgent health care
p.000004: unconditionally.
p.000004:
p.000004: (2) The patient shall have the right to receive good quality health care, characterized by high technical
p.000004: standards as well as human relations between the patient and the health care services provider.
p.000004:
p.000004: (3) The decision for choosing between different kinds of treatment and care shall be taken by the health care services
...
Social / Religion
Searching for indicator religion:
(return to top)
p.000002: Private Medical Care Institutions (Control of Establishment and Operation) Law, 2001, including a
p.000002: diagnostic center, a private practice, a clinical laboratory and a pharmacy of the private sector;
p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
p.000004: within a reasonable time according to those needs:
p.000004: Provided that, in the case of a medical emergency the patient shall have the right to receive urgent health care
p.000004: unconditionally.
p.000004:
p.000004: (2) The patient shall have the right to receive good quality health care, characterized by high technical
p.000004: standards as well as human relations between the patient and the health care services provider.
p.000004:
...
Searching for indicator religious:
(return to top)
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
p.000004: within a reasonable time according to those needs:
p.000004: Provided that, in the case of a medical emergency the patient shall have the right to receive urgent health care
p.000004: unconditionally.
p.000004:
p.000004: (2) The patient shall have the right to receive good quality health care, characterized by high technical
p.000004: standards as well as human relations between the patient and the health care services provider.
p.000004:
p.000004: (3) The decision for choosing between different kinds of treatment and care shall be taken by the health care services
p.000004: provider and shall be primarily related to the patient’s interest.
p.000004:
p.000004: (4) The patient shall have the right to uninterrupted continuation of health care and to expect the cooperation
...
p.000004: the patient shall have the
p.000004:
p.000005: 5
p.000005:
p.000005: Office of the Law Commissioner
p.000005:
p.000005:
p.000005: right to be fully informed before he is discharged or transferred to another institution, if this is
p.000005: deemed expedient, as the case may be:
p.000005: Provided that, a transfer to another institution may be made, only if the administration of such other institution
p.000005: has agreed to accept the said patient.
p.000005:
p.000005: (b) When the patient is discharged and, if his condition so requires, community and home services shall
p.000005: be provided, provided that this is compatible with the functioning of the health care system.
p.000005:
p.000005: (7) Notwithstanding the above, a medical practitioner shall have a duty to operate in accordance with the
p.000005: Medical Professional Ethics Regulations of the Board of the Pancyprian Medical Association and on the basis of
p.000005: the relevant professional obligations and standards.
p.000005:
p.000005:
p.000005: Dignified treatment.
p.000005: 5.–(1) The patient shall have the right to be treated with dignity during health care provision, which shall be
p.000005: rendered with appropriate respect for his cultural values.
p.000005:
p.000005: (2) The patient shall have the right during the provision of health care, to enjoy the support of his
p.000005: family, relatives and friends and continuous spiritual support, including religious as well as
p.000005: psychological support and guidance, if needed:
p.000005:
p.000005: Provided that, a patient admitted to a medical institution shall have the right to receive visitors at such
p.000005: times and according to the arrangements, determined by the administration of the said institution, on the basis of
p.000005: the requirements of the patient’s health care and the proper functioning of the institution.
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: Office of the Law Commissioner
p.000006:
p.000006:
p.000006: (3) The patient shall have the right to be relieved from pain and suffering, in accordance with the
p.000006: available scientific knowledge and the Medical Professional Ethics Regulations of the Board of the
p.000006: Pancyprian Medical Association, in force for the time being, within the limits of the law and legitimate procedures.
p.000006:
p.000006: (4) The patient shall have the right to health care and respect of his dignity all through the final stage of his life,
p.000006: within the limits of the law and legitimate procedures.
p.000006:
p.000006:
p.000006: Access to health care services.
p.000006: 6. Health care services must always be available and accessible, in accordance with the capacity of the existing Health
p.000006: Care System and the available financial, human and material resources of the state.
p.000006:
p.000006:
p.000006: Prohibition of unfavourable discrimination.
p.000006: 7.–(1) Health care shall be provided to all equally and without unfavourable discrimination.
p.000006: (2) Where as a matter of fact, a choice must be made between patients for the provision of a particular
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
p.000010: (b) a description of the purpose, anticipated benefit and likelihood of success of the proposed
p.000010: treatment;
p.000010:
p.000011: 11
p.000011:
p.000011: Office of the Law Commissioner
p.000011:
p.000011:
p.000011: (c) the risks entailed in the proposed treatment, including side- effects, pain and discomfort;
p.000011: (d) the likelihood of success and the risks of various forms of treatment or non-treatment.
p.000011:
p.000011:
p.000011: Health care without the consent of the patient.
p.000011: 13.–(1) Where the patient is in no position, due to his mental or physical state, to express his will and
p.000011: the provision of medical care is urgently needed, the consent of the patient may be presumed, unless it is obvious,
p.000011: from previously expressed wishes that he would have refused.
p.000011: (2) Where due to the patient’s physical or mental state a person is or should have been, appointed by law, whose
p.000011: consent is required and the provision of health care is urgently needed, such health care may be provided, if it is not
p.000011: possible to obtain in time such consent, unless it is obvious that, in the circumstances the said person would
p.000011: have refused:
p.000011: Provided that, when the consent of the person appointed by law is required, the patient shall be involved in
p.000011: the process to the extent that his capacity and circumstances allow.
p.000011:
p.000011: (3) Where, according to the law, a minor does not have capacity to consent to his receiving health care, health care
p.000011: may only be provided with the authorization of his parent or another person, who according to the law may provide
p.000011: such authorization and the provisions of subsection (2) shall apply, mutatis mutandis:
p.000011:
p.000011: Provided that, the opinion of the minor shall be taken into consideration as an increasingly determining
p.000011: factor in proportion to his age and degree of maturity.
p.000011: (4) If the person appointed by law or, in the case of a minor, his parent or another person, pursuant to
p.000011: subsection (3), refuses to give
p.000012: 12
p.000012:
p.000012: Office of the Law Commissioner
p.000012:
p.000012:
p.000012: consent and the health care services provider believes that health care is in the interest of the patient, the matter,
p.000012: if time allows, is referred to a court or to another body, as may be, from time to time, prescribed by the law:
p.000012: Provided that, in case of a medical emergency, the health care services provider shall act in his judgment to the
p.000012: patient’s best interest.
p.000012:
p.000012: (5) In any case where proper consent is impossible to be obtained–
p.000012:
p.000012: (a) any health care imposed as urgent may only be provided if the health care services provider deems it to
p.000012: be to the benefit of the patient’s health or conducive to the patient’s best interest;
p.000012: (b) any previously expressed wishes of the patient concerning health care shall be taken into consideration.
p.000012:
p.000012:
p.000012: Participation of the patient in scientific research or experimental treatment.
p.000012: 14.–(1) Subject to the provisions of any law in force for the time being, the participation of a
p.000012: patient in scientific research or experimental treatment shall be allowed only in the following
p.000012: circumstances:
p.000012: (a) there is no alternative solution of comparable effectiveness;
p.000012: (b) the risks which may be incurred by that patient are not disproportionate to the potential benefits of
p.000012: the research;
...
Social / parents
Searching for indicator parent:
(return to top)
p.000011: (d) the likelihood of success and the risks of various forms of treatment or non-treatment.
p.000011:
p.000011:
p.000011: Health care without the consent of the patient.
p.000011: 13.–(1) Where the patient is in no position, due to his mental or physical state, to express his will and
p.000011: the provision of medical care is urgently needed, the consent of the patient may be presumed, unless it is obvious,
p.000011: from previously expressed wishes that he would have refused.
p.000011: (2) Where due to the patient’s physical or mental state a person is or should have been, appointed by law, whose
p.000011: consent is required and the provision of health care is urgently needed, such health care may be provided, if it is not
p.000011: possible to obtain in time such consent, unless it is obvious that, in the circumstances the said person would
p.000011: have refused:
p.000011: Provided that, when the consent of the person appointed by law is required, the patient shall be involved in
p.000011: the process to the extent that his capacity and circumstances allow.
p.000011:
p.000011: (3) Where, according to the law, a minor does not have capacity to consent to his receiving health care, health care
p.000011: may only be provided with the authorization of his parent or another person, who according to the law may provide
p.000011: such authorization and the provisions of subsection (2) shall apply, mutatis mutandis:
p.000011:
p.000011: Provided that, the opinion of the minor shall be taken into consideration as an increasingly determining
p.000011: factor in proportion to his age and degree of maturity.
p.000011: (4) If the person appointed by law or, in the case of a minor, his parent or another person, pursuant to
p.000011: subsection (3), refuses to give
p.000012: 12
p.000012:
p.000012: Office of the Law Commissioner
p.000012:
p.000012:
p.000012: consent and the health care services provider believes that health care is in the interest of the patient, the matter,
p.000012: if time allows, is referred to a court or to another body, as may be, from time to time, prescribed by the law:
p.000012: Provided that, in case of a medical emergency, the health care services provider shall act in his judgment to the
p.000012: patient’s best interest.
p.000012:
p.000012: (5) In any case where proper consent is impossible to be obtained–
p.000012:
p.000012: (a) any health care imposed as urgent may only be provided if the health care services provider deems it to
p.000012: be to the benefit of the patient’s health or conducive to the patient’s best interest;
p.000012: (b) any previously expressed wishes of the patient concerning health care shall be taken into consideration.
p.000012:
p.000012:
p.000012: Participation of the patient in scientific research or experimental treatment.
p.000012: 14.–(1) Subject to the provisions of any law in force for the time being, the participation of a
p.000012: patient in scientific research or experimental treatment shall be allowed only in the following
p.000012: circumstances:
p.000012: (a) there is no alternative solution of comparable effectiveness;
p.000012: (b) the risks which may be incurred by that patient are not disproportionate to the potential benefits of
p.000012: the research;
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.000007: institutions, the patient’s wishes shall be taken into account.
p.000007:
p.000007: (3) The administration of a medical institution having an Emergency Department shall make appropriate
p.000007: arrangements for the implementation of the provisions of this section.
p.000007:
p.000007:
p.000007: Right
p.000007: to information.
p.000007: 10.–(1) Every person shall have the right to be informed about the patients' rights. Sufficient
p.000007: information on health services, as well as the ways to better utilize them, must be available to the
p.000007: public, in accordance with the provisions of the following subsections.
p.000008: 8
p.000008:
p.000008: Office of the Law Commissioner
p.000008:
p.000008:
p.000008: (2) The patient shall have the right to a complete medical information.
p.000008:
p.000008: (3) Information may be withheld from the patient only in exceptional cases, when there is valid reason to believe that
p.000008: this information may cause serious harm to the patient’s mental or physical health.
p.000008:
p.000008: (4) The patient is not considered to have disclaimed the right to information, unless he has so requested in
p.000008: writing.
p.000008:
p.000008: (5) The patient shall have the right to choose whether another person should be informed on his behalf.
p.000008:
p.000008: (6) The information shall be given to the patient or to the person he has chosen to be informed on his behalf, in a
p.000008: comprehensible manner, refraining from using as far as possible technical terminology.
p.000008:
p.000008: (7) The patient shall have the right, if he so wishes, to receive a second medical opinion, in which case
p.000008: he shall have the right, subject to the provisions of section 18, to be supplied with a copy of his
p.000008: medical record, including the medical report and biological substances and to be given all possible assistance to this
p.000008: effect.
p.000008:
p.000008: (8) (a) When the patient is admitted to a medical institution, he shall be informed of the identity and professional
p.000008: position of every person providing health care to him, as well as the regulations regarding the conditions and
p.000008: procedures of stay and provision of health care in the said institution.
p.000008: (b) The Minister, after a consultation with the Board of the Pancyprian Medical Association shall issue
p.000008: directions as to the manner of providing the information mentioned in paragraph (a).
p.000008:
p.000008:
p.000008:
p.000009: 9
p.000009:
p.000009: Office of the Law Commissioner
p.000009:
p.000009:
p.000009: (9) The patient, at his discharge from a medical institution, shall have the right to request and receive, a
p.000009: written report of the diagnosis, treatment and condition of his health, subject to the provisions of section
p.000009: 18.
p.000009:
p.000009: (10) The patient shall have the right to request and receive, a reasonable analytical estimate of charges,
p.000009: if any, at any stage of the health care:
p.000009: Provided that, the provision of such reasonable estimate shall not preclude the health care services
p.000009: provider from exceeding the estimate or making additional charges based on changes in the patient´s
p.000009: condition or treatment needs, provided that he has previously informed the patient, if this is reasonably possible.
p.000009:
p.000009:
p.000009: Health care with the consent of the patient.
...
p.000011: 13.–(1) Where the patient is in no position, due to his mental or physical state, to express his will and
p.000011: the provision of medical care is urgently needed, the consent of the patient may be presumed, unless it is obvious,
p.000011: from previously expressed wishes that he would have refused.
p.000011: (2) Where due to the patient’s physical or mental state a person is or should have been, appointed by law, whose
p.000011: consent is required and the provision of health care is urgently needed, such health care may be provided, if it is not
p.000011: possible to obtain in time such consent, unless it is obvious that, in the circumstances the said person would
p.000011: have refused:
p.000011: Provided that, when the consent of the person appointed by law is required, the patient shall be involved in
p.000011: the process to the extent that his capacity and circumstances allow.
p.000011:
p.000011: (3) Where, according to the law, a minor does not have capacity to consent to his receiving health care, health care
p.000011: may only be provided with the authorization of his parent or another person, who according to the law may provide
p.000011: such authorization and the provisions of subsection (2) shall apply, mutatis mutandis:
p.000011:
p.000011: Provided that, the opinion of the minor shall be taken into consideration as an increasingly determining
p.000011: factor in proportion to his age and degree of maturity.
p.000011: (4) If the person appointed by law or, in the case of a minor, his parent or another person, pursuant to
p.000011: subsection (3), refuses to give
p.000012: 12
p.000012:
p.000012: Office of the Law Commissioner
p.000012:
p.000012:
p.000012: consent and the health care services provider believes that health care is in the interest of the patient, the matter,
p.000012: if time allows, is referred to a court or to another body, as may be, from time to time, prescribed by the law:
p.000012: Provided that, in case of a medical emergency, the health care services provider shall act in his judgment to the
p.000012: patient’s best interest.
p.000012:
p.000012: (5) In any case where proper consent is impossible to be obtained–
p.000012:
p.000012: (a) any health care imposed as urgent may only be provided if the health care services provider deems it to
p.000012: be to the benefit of the patient’s health or conducive to the patient’s best interest;
p.000012: (b) any previously expressed wishes of the patient concerning health care shall be taken into consideration.
p.000012:
p.000012:
p.000012: Participation of the patient in scientific research or experimental treatment.
p.000012: 14.–(1) Subject to the provisions of any law in force for the time being, the participation of a
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.000001: and health care, are not regulated by law,
p.000001:
p.000001: And whereas the protection of human rights in the field of health constitutes an essential factor of
p.000001: ensuring the level of health care for the citizens,
p.000001:
p.000001: And for purposes of legal safeguarding of the patients' rights and the establishment of an effective mechanism to
p.000001: monitor the respect of these rights,
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: 1
p.000001:
p.000001: Office of the Law Commissioner
p.000001:
p.000001:
p.000001: The House of Representatives enacts as follows:
p.000001:
p.000001:
p.000001: PART I – INTRODUCTORY PROVISIONS
p.000001:
p.000001: Short title. 1. This Law may be cited as the Safeguarding and Protection of the Patients' Rights
p.000001: Law, 2004.
p.000001:
p.000001: Interpretation. 2. In this Law, unless the text otherwise requires -
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: 16 of 1967
p.000001: 4 of 1970
p.000001: 28 of 1976
p.000001: 32 of 1977
p.000001: 90 of 1985
p.000001: 50 of 1987
p.000001: 208(I) of 2002.
p.000001: “Board of the Pancyprian Medical Association” means the Board functioning under the Medical (Associations,
p.000001: Discipline and Pension Fund) Laws, 1967 to 2002;
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: “competent authority” has the meaning assigned to this term by the Pubic Service Law, for the time being in force;
p.000001: “Emergency Department” means the department of a medical institution intended for the provision of
p.000001: emergency health care and is designated as such by the said institution;
p.000001: “genetic data” means all data, of whatever type, concerning the hereditary characteristics of an individual or
p.000001: concerning the pattern of inheritance of such characteristics within a related group of individuals;
p.000001: “health care” means any form of medical, dental, paramedical, laboratory, pharmaceutical or nursing service for
p.000001: prevention, diagnosis, treatment or promotion of health, including mental health;
p.000001: “health care services” means any form of health care service in the public or private sector provided to a person as a
p.000001: patient;
p.000001:
p.000001:
p.000001:
p.000002: 2
p.000002:
p.000002: Office of the Law Commissioner
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 90(I) of 2001.
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Cap. 250.
p.000002: 30 of 1959
p.000002: 30 of 1961
p.000002: 53 of 1961
p.000002: 79 of 1968
p.000002: 114 of 1968
p.000002: 14 of 1974
p.000002: 18 of 1979
p.000002: 72 of 1991
p.000002: 66(I) of 1995
p.000002:
p.000002: “health care services provider” means a doctor, a dentist, a pharmacist, a nurse, a midwife
p.000002: and a member of paramedical personnel, registered or licensed under the relevant law, or, if the
p.000002: profession in question is not regulated by law, is recognized as such, as well as administrative personnel which
p.000002: provides or is involved in the provision of, health care services;
p.000002: “life-threatening situation” means a situation threatening immediate danger to life or severe, irreversible
p.000002: disability if medical care is not provided;
p.000002: “medical emergency” means an incident threatening immediate danger to life or severe, irreversible
p.000002: disability, if medical care is not provided urgently;
p.000002: “medical institution” means any premises where health care services are provided, either by an individual
p.000002: or a group of individuals, and includes a hospital, a medical care institution, a health center and any place where
p.000002: health care services are provided, belonging to, or controlled by, the Republic or any public corporate
p.000002: or unincorporate body, or local authority, as well as any private medical care institution, as defined by the
p.000002: Private Medical Care Institutions (Control of Establishment and Operation) Law, 2001, including a
p.000002: diagnostic center, a private practice, a clinical laboratory and a pharmacy of the private sector;
p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
...
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
p.000004: within a reasonable time according to those needs:
p.000004: Provided that, in the case of a medical emergency the patient shall have the right to receive urgent health care
p.000004: unconditionally.
p.000004:
p.000004: (2) The patient shall have the right to receive good quality health care, characterized by high technical
p.000004: standards as well as human relations between the patient and the health care services provider.
p.000004:
p.000004: (3) The decision for choosing between different kinds of treatment and care shall be taken by the health care services
p.000004: provider and shall be primarily related to the patient’s interest.
p.000004:
p.000004: (4) The patient shall have the right to uninterrupted continuation of health care and to expect the cooperation
p.000004: between all health care services providers and medical institutions involved in the diagnosis, treatment and
p.000004: care related to him.
p.000004:
p.000004: (5) (a) The patient shall have an inalienable right to choose and to change the medical institution or
p.000004: health care services provider providing health care to him, (provided that this is compatible with the
p.000004: functioning of the health care system).
p.000004: (b) The medical institution or the health care services provider shall give the patient every reasonable
p.000004: facility for the exercise of the right referred to in paragraph (a), (provided that this is compatible with
p.000004: the functioning of the health care system).
p.000004:
p.000004: (6) (a) When there is no longer a medical reason for a patient to remain in a medical institution,
p.000004: the patient shall have the
p.000004:
p.000005: 5
p.000005:
p.000005: Office of the Law Commissioner
p.000005:
p.000005:
p.000005: right to be fully informed before he is discharged or transferred to another institution, if this is
p.000005: deemed expedient, as the case may be:
...
p.000005: the requirements of the patient’s health care and the proper functioning of the institution.
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: Office of the Law Commissioner
p.000006:
p.000006:
p.000006: (3) The patient shall have the right to be relieved from pain and suffering, in accordance with the
p.000006: available scientific knowledge and the Medical Professional Ethics Regulations of the Board of the
p.000006: Pancyprian Medical Association, in force for the time being, within the limits of the law and legitimate procedures.
p.000006:
p.000006: (4) The patient shall have the right to health care and respect of his dignity all through the final stage of his life,
p.000006: within the limits of the law and legitimate procedures.
p.000006:
p.000006:
p.000006: Access to health care services.
p.000006: 6. Health care services must always be available and accessible, in accordance with the capacity of the existing Health
p.000006: Care System and the available financial, human and material resources of the state.
p.000006:
p.000006:
p.000006: Prohibition of unfavourable discrimination.
p.000006: 7.–(1) Health care shall be provided to all equally and without unfavourable discrimination.
p.000006: (2) Where as a matter of fact, a choice must be made between patients for the provision of a particular
p.000006: health care service, this should be made without discrimination, in a fair manner and on the basis of objective
p.000006: scientific/professional criteria.
p.000006:
p.000006:
p.000006: Health care in a medical emergency or in a life- threatening situation.
p.000006: 8.–(1) Where a medical institution or a medical practitioner or other competent health care services provider is
p.000006: requested to provide health care to a patient in circumstances, prima facie, constituting a medical emergency or a
p.000006: life-threatening situation, he shall examine and treat the patient, the soonest possible, to the best of
p.000006: his ability or the capacity of the institution.
p.000006: (2) Where in the cases mentioned in subsection (1), the medical institution or the medical practitioner
p.000006: or other competent health care services provider is unable to provide health care to a patient, he shall refer him
p.000006: to another medical institution or health care services provider
p.000007: 7
p.000007:
p.000007: Office of the Law Commissioner
p.000007:
p.000007:
p.000007: where it is reasonably expected to receive more appropriate health care and shall ensure to the maximum extent
p.000007: possible that the patient is transferred to such an institution. In such a case, where there is a choice between
p.000007: equally suitable institutions, the patient’s wishes shall be taken into account.
p.000007:
p.000007: (3) The administration of the medical institution shall make appropriate arrangements for the
p.000007: implementation of the provisions of this section.
p.000007:
p.000007:
p.000007: Medical examination in an Emergency Department.
p.000007: 9.–(1) A patient applying or transferred to an Emergency Department shall have the right to a medical
p.000007: examination by a competent health care services provider within a reasonable time.
p.000007: (2) In case the competent health care services provider finds that the patient needs urgent care, he shall give the
p.000007: patient such care:
p.000007: Provided that, if the patient requires further care which cannot be provided in the said Department, the
p.000007: competent health care services provider shall refer the patient to a suitable department of the same or another
p.000007: medical institution and shall ensure, to the maximum extent possible, that the patient is transferred to such a
p.000007: department. In case of a referral to another medical institution, where there is a choice between equally suitable
p.000007: institutions, the patient’s wishes shall be taken into account.
p.000007:
p.000007: (3) The administration of a medical institution having an Emergency Department shall make appropriate
p.000007: arrangements for the implementation of the provisions of this section.
p.000007:
p.000007:
p.000007: Right
p.000007: to information.
p.000007: 10.–(1) Every person shall have the right to be informed about the patients' rights. Sufficient
p.000007: information on health services, as well as the ways to better utilize them, must be available to the
p.000007: public, in accordance with the provisions of the following subsections.
p.000008: 8
p.000008:
p.000008: Office of the Law Commissioner
p.000008:
p.000008:
p.000008: (2) The patient shall have the right to a complete medical information.
p.000008:
p.000008: (3) Information may be withheld from the patient only in exceptional cases, when there is valid reason to believe that
p.000008: this information may cause serious harm to the patient’s mental or physical health.
p.000008:
p.000008: (4) The patient is not considered to have disclaimed the right to information, unless he has so requested in
p.000008: writing.
p.000008:
p.000008: (5) The patient shall have the right to choose whether another person should be informed on his behalf.
p.000008:
p.000008: (6) The information shall be given to the patient or to the person he has chosen to be informed on his behalf, in a
p.000008: comprehensible manner, refraining from using as far as possible technical terminology.
p.000008:
p.000008: (7) The patient shall have the right, if he so wishes, to receive a second medical opinion, in which case
p.000008: he shall have the right, subject to the provisions of section 18, to be supplied with a copy of his
...
p.000011: the process to the extent that his capacity and circumstances allow.
p.000011:
p.000011: (3) Where, according to the law, a minor does not have capacity to consent to his receiving health care, health care
p.000011: may only be provided with the authorization of his parent or another person, who according to the law may provide
p.000011: such authorization and the provisions of subsection (2) shall apply, mutatis mutandis:
p.000011:
p.000011: Provided that, the opinion of the minor shall be taken into consideration as an increasingly determining
p.000011: factor in proportion to his age and degree of maturity.
p.000011: (4) If the person appointed by law or, in the case of a minor, his parent or another person, pursuant to
p.000011: subsection (3), refuses to give
p.000012: 12
p.000012:
p.000012: Office of the Law Commissioner
p.000012:
p.000012:
p.000012: consent and the health care services provider believes that health care is in the interest of the patient, the matter,
p.000012: if time allows, is referred to a court or to another body, as may be, from time to time, prescribed by the law:
p.000012: Provided that, in case of a medical emergency, the health care services provider shall act in his judgment to the
p.000012: patient’s best interest.
p.000012:
p.000012: (5) In any case where proper consent is impossible to be obtained–
p.000012:
p.000012: (a) any health care imposed as urgent may only be provided if the health care services provider deems it to
p.000012: be to the benefit of the patient’s health or conducive to the patient’s best interest;
p.000012: (b) any previously expressed wishes of the patient concerning health care shall be taken into consideration.
p.000012:
p.000012:
p.000012: Participation of the patient in scientific research or experimental treatment.
p.000012: 14.–(1) Subject to the provisions of any law in force for the time being, the participation of a
p.000012: patient in scientific research or experimental treatment shall be allowed only in the following
p.000012: circumstances:
p.000012: (a) there is no alternative solution of comparable effectiveness;
p.000012: (b) the risks which may be incurred by that patient are not disproportionate to the potential benefits of
p.000012: the research;
p.000012: (c) the research project has been approved by the competent body after independent examination of its scientific
p.000012: merit, including assessment of the importance of the aim of the research and multi-disciplinary review of
p.000012: its ethical acceptability;
p.000012: (d) the patient has been informed of his rights prescribed by this Law;
p.000013: 13
p.000013:
p.000013: Office of the Law Commissioner
p.000013:
p.000013:
p.000013: (e) the necessary written consent of the patient provided for under section 13, has been given specifically
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.000001: of health services, the right to protection of health through proper measures of prevention of diseases
p.000001: and health care, are not regulated by law,
p.000001:
p.000001: And whereas the protection of human rights in the field of health constitutes an essential factor of
p.000001: ensuring the level of health care for the citizens,
p.000001:
p.000001: And for purposes of legal safeguarding of the patients' rights and the establishment of an effective mechanism to
p.000001: monitor the respect of these rights,
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: 1
p.000001:
p.000001: Office of the Law Commissioner
p.000001:
p.000001:
p.000001: The House of Representatives enacts as follows:
p.000001:
p.000001:
p.000001: PART I – INTRODUCTORY PROVISIONS
p.000001:
p.000001: Short title. 1. This Law may be cited as the Safeguarding and Protection of the Patients' Rights
p.000001: Law, 2004.
p.000001:
p.000001: Interpretation. 2. In this Law, unless the text otherwise requires -
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: 16 of 1967
p.000001: 4 of 1970
p.000001: 28 of 1976
p.000001: 32 of 1977
p.000001: 90 of 1985
p.000001: 50 of 1987
p.000001: 208(I) of 2002.
p.000001: “Board of the Pancyprian Medical Association” means the Board functioning under the Medical (Associations,
p.000001: Discipline and Pension Fund) Laws, 1967 to 2002;
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: “competent authority” has the meaning assigned to this term by the Pubic Service Law, for the time being in force;
p.000001: “Emergency Department” means the department of a medical institution intended for the provision of
p.000001: emergency health care and is designated as such by the said institution;
p.000001: “genetic data” means all data, of whatever type, concerning the hereditary characteristics of an individual or
p.000001: concerning the pattern of inheritance of such characteristics within a related group of individuals;
p.000001: “health care” means any form of medical, dental, paramedical, laboratory, pharmaceutical or nursing service for
p.000001: prevention, diagnosis, treatment or promotion of health, including mental health;
p.000001: “health care services” means any form of health care service in the public or private sector provided to a person as a
p.000001: patient;
p.000001:
p.000001:
p.000001:
p.000002: 2
p.000002:
p.000002: Office of the Law Commissioner
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 90(I) of 2001.
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Cap. 250.
p.000002: 30 of 1959
p.000002: 30 of 1961
p.000002: 53 of 1961
p.000002: 79 of 1968
p.000002: 114 of 1968
p.000002: 14 of 1974
p.000002: 18 of 1979
p.000002: 72 of 1991
p.000002: 66(I) of 1995
p.000002:
p.000002: “health care services provider” means a doctor, a dentist, a pharmacist, a nurse, a midwife
p.000002: and a member of paramedical personnel, registered or licensed under the relevant law, or, if the
p.000002: profession in question is not regulated by law, is recognized as such, as well as administrative personnel which
p.000002: provides or is involved in the provision of, health care services;
p.000002: “life-threatening situation” means a situation threatening immediate danger to life or severe, irreversible
p.000002: disability if medical care is not provided;
p.000002: “medical emergency” means an incident threatening immediate danger to life or severe, irreversible
p.000002: disability, if medical care is not provided urgently;
p.000002: “medical institution” means any premises where health care services are provided, either by an individual
p.000002: or a group of individuals, and includes a hospital, a medical care institution, a health center and any place where
p.000002: health care services are provided, belonging to, or controlled by, the Republic or any public corporate
p.000002: or unincorporate body, or local authority, as well as any private medical care institution, as defined by the
p.000002: Private Medical Care Institutions (Control of Establishment and Operation) Law, 2001, including a
p.000002: diagnostic center, a private practice, a clinical laboratory and a pharmacy of the private sector;
p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
...
p.000012: merit, including assessment of the importance of the aim of the research and multi-disciplinary review of
p.000012: its ethical acceptability;
p.000012: (d) the patient has been informed of his rights prescribed by this Law;
p.000013: 13
p.000013:
p.000013: Office of the Law Commissioner
p.000013:
p.000013:
p.000013: (e) the necessary written consent of the patient provided for under section 13, has been given specifically
p.000013: and in writing after a complete medical information.
p.000013:
p.000013: (2) Where the patient is not able to consent, research may be undertaken only if the following conditions
p.000013: are met:
p.000013:
p.000013: (a) the conditions mentioned in paragraphs (a) to (d) of subsection (1);
p.000013: (b) the results of the research have the potential to produce real and direct benefit to his health;
p.000013: (c) research of comparable efficiency cannot be carried out on individuals capable of giving consent;
p.000013: (d) the necessary authorization provided for in section 13 has been given specifically and in writing; and
p.000013: (e) the person concerned does not object.
p.000013:
p.000013:
p.000013: Confidentiality. 15.–(1)(a) Subject to the provisions of subsection (2), all information
p.000013: about the patient’s medical condition, diagnosis, prognosis and treatment, as well as any other personal data shall be
p.000013: kept confidential even after the death of the patient and shall not be disclosed to any person or authority.
p.000013: (b) The competent health care services provider or any person working in a medical institution shall not
p.000013: disclose any information regarding a patient which comes to his knowledge in the course of his duties or
p.000013: his work.
p.000013: (c) The administration of a medical institution or the competent health care services
p.000013: provider shall make the necessary arrangements to ensure that persons working under their direction shall not
p.000013: disclose such information.
p.000013:
p.000014: 14
p.000014:
p.000014: Office of the Law Commissioner
p.000014:
p.000014:
p.000014: (2) The medical institution or the competent health care services provider may disclose medical information to
p.000014: a third person if –
p.000014:
p.000014: (a) the patient has given his written consent. The patient’s consent may be presumed, where disclosure is to
p.000014: a person involved in the patient’s treatment;
p.000014: (b) the disclosure is for the purpose of the patient’s treatment by another health care services provider;
p.000014: (c) the information is disclosed to the medical institution providing health care to the patient
p.000014: or to a member of its staff for the purposes of processing, or filing the information, or for notification
p.000014: required by law;
p.000014: (d) the disclosure of information is for the purpose of publication in medical journals or for research or
p.000014: teaching purposes, provided that all information identifying the patient is not disclosed;
p.000014: (e) there is a legal obligation to this effect;
p.000014:
...
p.000018: 18
p.000018:
p.000018: Office of the Law Commissioner
p.000018:
p.000018:
p.000018: (6) The patients' complaints shall be fully examined without delay, in accordance with the provisions of the
p.000018: following sections and the patient shall be informed of the reasoned outcome of the examination immediately after
p.000018: the issue thereof.
p.000018:
p.000018:
p.000018: Patients’ Rights Officer for the safeguarding
p.000018: of the patients' rights in a State hospital.
p.000018: 22.–(1) Every State hospital shall have a duty to designate a person to be responsible for the safeguarding
p.000018: of the patients' rights (hereinafter referred to as “Patients’ Rights Officer”), whose duties are the following:
p.000018:
p.000018: (a) to give advice and assistance to the patients for the purpose of safeguarding of the rights provided
p.000018: under this Law;
p.000018: (b) to receive and handle complaints of patients which require, in his judgment, immediate handling, otherwise
p.000018: to refer them to the Complaints Examination Committee established pursuant to section 23;
p.000018: (c) to guide and inform the medical, paramedical, nursing and administrative personnel of the institution on
p.000018: all matters relating to the provisions of this Law:
p.000018: Provided that, nothing in this section shall give competence to
p.000018:
p.000018: (i) examine matters concerning medical expert evidence, or medical negligence or a claim for compensation; or
p.000018: (ii) take disciplinary measures for any matter for which the Disciplinary Board of the Pancyprian
p.000018: Medical Association and/or the competent authority have competence.
p.000018:
p.000018: (2) Duties of the Patients’ Rights Officer are assigned to a civil servant or other appropriate person
p.000018: by the Minister of Health, in collaboration with the Minister of Finance, in accordance with the applied
p.000018: procedure in force for the time being. The Patients’ Rights
p.000019: 19
p.000019:
p.000019: Office of the Law Commissioner
p.000019:
p.000019:
p.000019: Officer must be independent from the health care services providers of the state hospital in for which he is assigned
p.000019: duties and is accountable to the general administration of the Ministry of Health.
p.000019:
p.000019: (3) In case where the Patients’ Rights Officer is unable to perform his duties mentioned in subsection (1), his
p.000019: representative, to whom those duties are assigned in the same manner and who has the same responsibilities as the
p.000019: Patients’ Rights Officer, may perform such duties.
p.000019:
p.000019: (4) The Patients’ Rights Officer, pursuant to subsection (1), or his representative, pursuant to subsection (3),
p.000019: shall have an obligation to perform the said duties impartially and shall try to procure the best possible
p.000019: solution, always having in mind the best possible, under the circumstances, manner of safeguarding the patient's
p.000019: rights.
p.000019:
p.000019: (5) The administration of the State hospital shall take all appropriate measures in order to comply with the
p.000019: obligations imposed thereto pursuant to this section.
p.000019:
p.000019:
p.000019: Complaints Examination Committee.
p.000019: 23.–(1) There shall be established a Complaints Examination Committee (hereinafter referred to as
p.000019: the “Committee”), one per district, with competence–
p.000019:
p.000019: (a) with respect to the medical institutions falling within the provisions of section 22–
p.000019:
p.000019: (i) to examine complaints of patients referred to it by the Patients’ Rights Officer; and
p.000019: (ii) to examine at second instance any complaints of patients, who have not been satisfied by the decision of
p.000019: the Patients’ Rights Officer, pursuant to section 22 or by a decision pursuant to subparagraph (i).
p.000020: 20
p.000020:
p.000020: Office of the Law Commissioner
p.000020:
p.000020:
p.000020: (b) with respect to the medical institutions not falling within the provisions of section 22–
p.000020:
p.000020: (i) to examine at first instance complaints of patients; and
p.000020: (ii) to examine at second instance complaints of patients who have not been satisfied by a decision,
p.000020: pursuant to subparagraph (i):
p.000020:
p.000020: Provided that, nothing in this section shall give competence
p.000020: to–
p.000020:
p.000020: (i) examine matters concerning medical expert evidence, or medical negligence or a claim for compensation; or
p.000020: (ii) take disciplinary measures for any matter for which the Disciplinary Board of the Pancyprian
p.000020: Medical Association and/or the competent authority have competence, in which case the provisions of subsection (8),
p.000020: shall apply.
p.000020:
p.000020: (2) (a) The Committee shall consist of five members appointed as such by the Minister for a term of office of four
p.000020: years. Three members shall form a quorum.
p.000020:
p.000020: (b) (i) The Chairman of the Committee, at least, must be independent from the health care services
p.000020: providers and the medical institutions seated in the relevant district;
p.000020: (ii) a member of the Committee examining a particular complaint must be independent from the health care services
p.000020: provider and/or the medical institution to whom the complaint relates and, in any case, where there may be an
p.000020: impediment, the member must declare the impediment.
p.000021: 21
p.000021:
p.000021: Office of the Law Commissioner
p.000021:
p.000021:
p.000021: (3) The Committee shall have its seat in the largest state medical institution in the district for which it is
p.000021: appointed. The Ministry of Health shall provide secretarial services and all the facilities for the proper and
p.000021: efficient functioning of the Committee.
p.000021:
p.000021: (4) (a) With regard to the exercise of the competence mentioned in subparagraph (i) of paragraph (a) and in
p.000021: subparagraph
p.000021: (i) of paragraph (b) of subsection (1), the complaints of the patients shall be examined by one member
p.000021: of the Committee.
p.000021: (b) With regard to the exercise of the competence mentioned in subparagraph (ii) of paragraph (a)
p.000021: and in subparagraph (ii) of paragraph (b) of subsection (1), the complaints of the patients shall be examined
p.000021: by the Committee.
p.000021:
p.000021: (5) The Committee shall examine the complaint referred to it without delay and shall decide on the matter
p.000021: within a reasonable time and in particular–
p.000021:
p.000021: (a) a complaint falling within subparagraph (i) of paragraph
p.000021: (b) of subsection (1), must be examined and a decision must be issued, at the latest, within 48 hours from
p.000021: the submission of the complaint;
p.000021: (b) a complaint falling within subparagraph (i) of paragraph
p.000021: (a) of subsection (1), must be examined and a decision must be issued at the latest, within 15 days from
p.000021: the referral of the complaint to it;
p.000021: (c) a complaint falling within subparagraph (ii) of paragraph
p.000021: (a) and subparagraph (ii) of paragraph (b) of subsection (1), must be examined and a decision must be issued, at the
p.000021: latest, within a month from the referral of the
p.000022: 22
p.000022:
p.000022: Office of the Law Commissioner
p.000022:
p.000022:
p.000022: complaint to the Committee for examination at second instance.
p.000022:
p.000022: (6) The Committee’s decision in accordance with subsection (5) shall be notified immediately to the patient and
p.000022: the affected health care services provider and/or medical institution who shall be obliged to take it
p.000022: seriously into consideration.
p.000022:
p.000022: (7) The minutes of the Committee’s meetings, all the preparative material for the Committee’s meetings
p.000022: submitted before it and the conclusions of the Committee’s meetings shall be confidential.
p.000022:
p.000022: (8) In case where the Committee deems that there is a prima facie case for taking disciplinary measures, it shall
p.000022: inform the competent for the health care services provider to whom the complaint relates, professional body
p.000022: and/or authority, as the case may be.
p.000022:
p.000022:
p.000022: Obligation to inform patients for submission of complaints.
p.000022: 24.–(1) The administration of a medical institution or the health care services provider shall have an obligation to
p.000022: poster at a conspicuous place and/or inform the patient of the names of the persons comprising the competent
p.000022: Committee mentioned in subsection (1) of section 23, and to provide more specific information whether
p.000022: the particular Committee has competence over the particular institution or the particular health care
p.000022: services provider, as the case may be, to hear complaints under paragraph (a) or paragraph (b) of subsection (1) of
p.000022: section 23 and the way to contact the members of the Committee.
p.000022: (2) The administration of a State hospital shall, in addition to the provisions of subsection (1),
p.000022: have an obligation to poster at a conspicuous place and/or inform the patient in time of the name of the
p.000022: Patients’ Rights Officer and his representative, appointed pursuant to subsections (1) and (3) of section 22,
p.000022: respectively.
p.000022:
p.000022:
p.000023: 23
p.000023:
p.000023: Office of the Law Commissioner
p.000023:
p.000023:
p.000023: PART IV – FINAL PROVISIONS
p.000023:
p.000023:
p.000023: Offences and penalties.
p.000023: 25. A health care services provider who contravenes any of the provisions of section 17 shall be guilty of an
p.000023: offence and the provisions of sections 25 and 26 of the Processing of Personal Data (Protection of Individuals) Laws,
p.000023: 2001 and 2003 shall apply mutatis mutandis:
...
Orphaned Trigger Words
p.000001: Law, 2004.
p.000001:
p.000001: Interpretation. 2. In this Law, unless the text otherwise requires -
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: 16 of 1967
p.000001: 4 of 1970
p.000001: 28 of 1976
p.000001: 32 of 1977
p.000001: 90 of 1985
p.000001: 50 of 1987
p.000001: 208(I) of 2002.
p.000001: “Board of the Pancyprian Medical Association” means the Board functioning under the Medical (Associations,
p.000001: Discipline and Pension Fund) Laws, 1967 to 2002;
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001:
p.000001: “competent authority” has the meaning assigned to this term by the Pubic Service Law, for the time being in force;
p.000001: “Emergency Department” means the department of a medical institution intended for the provision of
p.000001: emergency health care and is designated as such by the said institution;
p.000001: “genetic data” means all data, of whatever type, concerning the hereditary characteristics of an individual or
p.000001: concerning the pattern of inheritance of such characteristics within a related group of individuals;
p.000001: “health care” means any form of medical, dental, paramedical, laboratory, pharmaceutical or nursing service for
p.000001: prevention, diagnosis, treatment or promotion of health, including mental health;
p.000001: “health care services” means any form of health care service in the public or private sector provided to a person as a
p.000001: patient;
p.000001:
p.000001:
p.000001:
p.000002: 2
p.000002:
p.000002: Office of the Law Commissioner
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: 90(I) of 2001.
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Cap. 250.
p.000002: 30 of 1959
p.000002: 30 of 1961
p.000002: 53 of 1961
p.000002: 79 of 1968
p.000002: 114 of 1968
p.000002: 14 of 1974
p.000002: 18 of 1979
p.000002: 72 of 1991
p.000002: 66(I) of 1995
p.000002:
p.000002: “health care services provider” means a doctor, a dentist, a pharmacist, a nurse, a midwife
p.000002: and a member of paramedical personnel, registered or licensed under the relevant law, or, if the
p.000002: profession in question is not regulated by law, is recognized as such, as well as administrative personnel which
p.000002: provides or is involved in the provision of, health care services;
p.000002: “life-threatening situation” means a situation threatening immediate danger to life or severe, irreversible
p.000002: disability if medical care is not provided;
p.000002: “medical emergency” means an incident threatening immediate danger to life or severe, irreversible
p.000002: disability, if medical care is not provided urgently;
p.000002: “medical institution” means any premises where health care services are provided, either by an individual
p.000002: or a group of individuals, and includes a hospital, a medical care institution, a health center and any place where
p.000002: health care services are provided, belonging to, or controlled by, the Republic or any public corporate
p.000002: or unincorporate body, or local authority, as well as any private medical care institution, as defined by the
p.000002: Private Medical Care Institutions (Control of Establishment and Operation) Law, 2001, including a
p.000002: diagnostic center, a private practice, a clinical laboratory and a pharmacy of the private sector;
p.000002: “medical practitioner” means any person registered as a medical practitioner under the Medical
p.000002: Registration Law, and includes specializing and pre-registration doctors;
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000003: 3
p.000003:
p.000003: Office of the Law Commissioner
p.000003:
p.000003:
p.000003:
p.000003: 112(I) of 1996
p.000003: 102(I) of 2004.
p.000003:
p.000003:
p.000003:
p.000003: “medical records” means any records compiled in written, electronic, or any other form, comprising
p.000003: information relating to the physical or mental health or condition of a patient whose identity may be determined
p.000003: thereby, and which are compiled by or on behalf of a person who by profession provides health care services;
p.000003: “Minister” means the Minister of Health;
p.000003:
p.000003: “patient” means a natural person suffering from any disease or illness, or any person seeking or provided with
p.000003: health care;
p.000003: “patients' rights” means the rights provided by this Law and which refer to a person as a patient;
p.000003: “relevant law” means a law regulating a profession referred to in the term “health care services provider”;
p.000003: “State hospital” means a hospital owned or controlled by the Republic;
p.000003: “unfavourable discrimination” means a violation of the principle of equal treatment on the basis of,
p.000003: inter alia, sex, sexual orientation, religion, racial or ethnic origin, color, philosophical, political convictions
p.000003: and religious beliefs, age, health status, special needs and social- financial status.
p.000003:
p.000003:
p.000003: Scope of this Law.
p.000003: 3. The provisions of this Law are complementary to the rights deriving from international treaties relating to the
p.000003: protection of human rights, ratified by the Republic and of the rights deriving from other laws which have special
p.000003: provisions relating to specific human rights.
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000003:
p.000004: 4
p.000004:
p.000004: Office of the Law Commissioner
p.000004:
p.000004:
p.000004: PART II –PATIENTS' RIGHTS
p.000004:
p.000004:
p.000004:
p.000004: Right to health care and treatment.
p.000004: 4.–(1) Every patient shall have the right to health care, appropriate to the needs of his health to be provided
p.000004: within a reasonable time according to those needs:
p.000004: Provided that, in the case of a medical emergency the patient shall have the right to receive urgent health care
p.000004: unconditionally.
p.000004:
p.000004: (2) The patient shall have the right to receive good quality health care, characterized by high technical
p.000004: standards as well as human relations between the patient and the health care services provider.
p.000004:
p.000004: (3) The decision for choosing between different kinds of treatment and care shall be taken by the health care services
p.000004: provider and shall be primarily related to the patient’s interest.
p.000004:
p.000004: (4) The patient shall have the right to uninterrupted continuation of health care and to expect the cooperation
p.000004: between all health care services providers and medical institutions involved in the diagnosis, treatment and
p.000004: care related to him.
p.000004:
p.000004: (5) (a) The patient shall have an inalienable right to choose and to change the medical institution or
p.000004: health care services provider providing health care to him, (provided that this is compatible with the
p.000004: functioning of the health care system).
p.000004: (b) The medical institution or the health care services provider shall give the patient every reasonable
p.000004: facility for the exercise of the right referred to in paragraph (a), (provided that this is compatible with
p.000004: the functioning of the health care system).
p.000004:
p.000004: (6) (a) When there is no longer a medical reason for a patient to remain in a medical institution,
p.000004: the patient shall have the
p.000004:
p.000005: 5
p.000005:
p.000005: Office of the Law Commissioner
p.000005:
p.000005:
p.000005: right to be fully informed before he is discharged or transferred to another institution, if this is
p.000005: deemed expedient, as the case may be:
p.000005: Provided that, a transfer to another institution may be made, only if the administration of such other institution
p.000005: has agreed to accept the said patient.
p.000005:
p.000005: (b) When the patient is discharged and, if his condition so requires, community and home services shall
p.000005: be provided, provided that this is compatible with the functioning of the health care system.
p.000005:
p.000005: (7) Notwithstanding the above, a medical practitioner shall have a duty to operate in accordance with the
p.000005: Medical Professional Ethics Regulations of the Board of the Pancyprian Medical Association and on the basis of
p.000005: the relevant professional obligations and standards.
p.000005:
p.000005:
p.000005: Dignified treatment.
p.000005: 5.–(1) The patient shall have the right to be treated with dignity during health care provision, which shall be
p.000005: rendered with appropriate respect for his cultural values.
p.000005:
p.000005: (2) The patient shall have the right during the provision of health care, to enjoy the support of his
p.000005: family, relatives and friends and continuous spiritual support, including religious as well as
p.000005: psychological support and guidance, if needed:
p.000005:
p.000005: Provided that, a patient admitted to a medical institution shall have the right to receive visitors at such
p.000005: times and according to the arrangements, determined by the administration of the said institution, on the basis of
p.000005: the requirements of the patient’s health care and the proper functioning of the institution.
p.000005:
p.000005:
p.000005:
p.000006: 6
p.000006:
p.000006: Office of the Law Commissioner
p.000006:
p.000006:
p.000006: (3) The patient shall have the right to be relieved from pain and suffering, in accordance with the
p.000006: available scientific knowledge and the Medical Professional Ethics Regulations of the Board of the
p.000006: Pancyprian Medical Association, in force for the time being, within the limits of the law and legitimate procedures.
p.000006:
p.000006: (4) The patient shall have the right to health care and respect of his dignity all through the final stage of his life,
p.000006: within the limits of the law and legitimate procedures.
p.000006:
p.000006:
p.000006: Access to health care services.
p.000006: 6. Health care services must always be available and accessible, in accordance with the capacity of the existing Health
p.000006: Care System and the available financial, human and material resources of the state.
p.000006:
p.000006:
p.000006: Prohibition of unfavourable discrimination.
p.000006: 7.–(1) Health care shall be provided to all equally and without unfavourable discrimination.
p.000006: (2) Where as a matter of fact, a choice must be made between patients for the provision of a particular
p.000006: health care service, this should be made without discrimination, in a fair manner and on the basis of objective
p.000006: scientific/professional criteria.
p.000006:
p.000006:
p.000006: Health care in a medical emergency or in a life- threatening situation.
p.000006: 8.–(1) Where a medical institution or a medical practitioner or other competent health care services provider is
p.000006: requested to provide health care to a patient in circumstances, prima facie, constituting a medical emergency or a
p.000006: life-threatening situation, he shall examine and treat the patient, the soonest possible, to the best of
p.000006: his ability or the capacity of the institution.
p.000006: (2) Where in the cases mentioned in subsection (1), the medical institution or the medical practitioner
p.000006: or other competent health care services provider is unable to provide health care to a patient, he shall refer him
p.000006: to another medical institution or health care services provider
p.000007: 7
p.000007:
p.000007: Office of the Law Commissioner
p.000007:
p.000007:
p.000007: where it is reasonably expected to receive more appropriate health care and shall ensure to the maximum extent
p.000007: possible that the patient is transferred to such an institution. In such a case, where there is a choice between
p.000007: equally suitable institutions, the patient’s wishes shall be taken into account.
p.000007:
p.000007: (3) The administration of the medical institution shall make appropriate arrangements for the
p.000007: implementation of the provisions of this section.
p.000007:
p.000007:
p.000007: Medical examination in an Emergency Department.
p.000007: 9.–(1) A patient applying or transferred to an Emergency Department shall have the right to a medical
p.000007: examination by a competent health care services provider within a reasonable time.
p.000007: (2) In case the competent health care services provider finds that the patient needs urgent care, he shall give the
p.000007: patient such care:
p.000007: Provided that, if the patient requires further care which cannot be provided in the said Department, the
p.000007: competent health care services provider shall refer the patient to a suitable department of the same or another
p.000007: medical institution and shall ensure, to the maximum extent possible, that the patient is transferred to such a
p.000007: department. In case of a referral to another medical institution, where there is a choice between equally suitable
p.000007: institutions, the patient’s wishes shall be taken into account.
p.000007:
p.000007: (3) The administration of a medical institution having an Emergency Department shall make appropriate
p.000007: arrangements for the implementation of the provisions of this section.
p.000007:
p.000007:
p.000007: Right
p.000007: to information.
p.000007: 10.–(1) Every person shall have the right to be informed about the patients' rights. Sufficient
p.000007: information on health services, as well as the ways to better utilize them, must be available to the
p.000007: public, in accordance with the provisions of the following subsections.
p.000008: 8
p.000008:
p.000008: Office of the Law Commissioner
p.000008:
p.000008:
p.000008: (2) The patient shall have the right to a complete medical information.
p.000008:
p.000008: (3) Information may be withheld from the patient only in exceptional cases, when there is valid reason to believe that
p.000008: this information may cause serious harm to the patient’s mental or physical health.
p.000008:
p.000008: (4) The patient is not considered to have disclaimed the right to information, unless he has so requested in
p.000008: writing.
p.000008:
p.000008: (5) The patient shall have the right to choose whether another person should be informed on his behalf.
p.000008:
p.000008: (6) The information shall be given to the patient or to the person he has chosen to be informed on his behalf, in a
p.000008: comprehensible manner, refraining from using as far as possible technical terminology.
p.000008:
p.000008: (7) The patient shall have the right, if he so wishes, to receive a second medical opinion, in which case
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| access to information | Access to information |
| age | Age |
| authority | Relationship to Authority |
| disability | Mentally Disabled |
| emergency | Public Emergency |
| ethnic | Ethnicity |
| family | Motherhood/Family |
| home | Property Ownership |
| illness | Physically Disabled |
| minor | Youth/Minors |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| political | political affiliation |
| racial | Racial Minority |
| religion | Religion |
| religious | Religion |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| religion | ['religious'] |
| religious | ['religion'] |
Trigger Words
capacity
consent
cultural
ethics
harm
protection
Applicable Type / Vulnerability / Indicator Overlay for this Input