Health Personnel Act
Act relating to health personnel (Health Personnel Act)
(Source: https://lovdata.no/dokument/NL/lov/1999-07-02-64)
Norwegian to English translation via Google Translate, with some editing.
Embedded HTML links direct to lovdata.no, the official Norwegian source.
Act relating to health personnel (Health Personnel Act)
(Source: https://lovdata.no/dokument/NL/lov/1999-07-02-64)
Norwegian to English translation via Google Translate, with some editing.
Embedded HTML links direct to lovdata.no, the official Norwegian source.
Act relating to health personnel (Health)
given LOV-1999-07-02-64
Department Health and Care Services
Last changed LOV-2017-06-21-90 from 01.07.2017, LOV-2017-06-16-53 from 01.07.2017
Published
Commencement 01.01.2001, 04.14.2000, King decides
Changing
promulgated
Korttittel Helsepersonelloven - hpl
Chapter overview:
See previous promises 13 July 1956, 8 January 1960 no. 1, June 11, 1971 no. 54, June 23, 1972 no. 69, 9 mars 1973 no. 13, June 14, 1974 no. 47, June 13, 1980 no. 42, 13 June 1980 no. 43 and 26 April 1985 no. 23rd
Chapter 1. The purpose, scope and definitions
§ 1. The purpose of the Act
The Act is designed to contribute to the safety of patients and quality of health and care services as well as trust in health professionals and health care services.
0Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 2. Scope of the Act
The Act applies to health professionals and businesses that provide health care in this country.
King issues regulations concerning the Act apply to Svalbard and Jan Mayen, and may lay down special rules taking account of local conditions.
To the extent determined by the King in regulations, the Act applies to persons on Norwegian ships in foreign trade, the Norwegian civil aircraft in international traffic, on installations and vessels working on the Norwegian Continental Shelf and the Norwegian rescue responsibility.
§ 3. Definitions
With health care professionals are in this law:
With health care means any action that has preventive, diagnostic, therapeutic, health-preserving, rehabilitating or nursing and care purposes and performed by health professionals.
The health institution shall mean an institution coming under the Specialized Health Services Act and the health and care law. The Ministry may issue further provisions on which institutions should be covered.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. On Oct. 17, 2008 No.. 1125 ) , June 24, 2011 no. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 19 June 2015 No.. 59(ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
Chapter 2. Requirements for health personnel profession
§ 4. Adequate activity
Health personnel shall conduct their work in accordance with the requirements of professional responsibility and diligent care that can be expected based on their qualifications, the nature of work and the situation in general.
Healthcare professionals should abide by their professional qualifications, and shall obtain assistance or refer patients further where necessary and possible. If the patient needs dictate, the profession shall be through cooperation and interaction with other qualified personnel. Health professionals have an obligation to participate in developing individual plans, when a patient or user is entitled to such a plan for patient and user Rights Act § 2-5.
In collaboration with other health professionals, the physician and dentist decisions respectively medical and dental issues regarding examination and treatment of the individual patient.
The Ministry may in regulations provide that certain types of health care can only be provided by personnel with special qualifications.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 5. Use of aides
Health professionals may in their work assign certain tasks to other personnel if it is justifiable in terms of the assigned task, personnel qualification and the follow-up given. Assistants are subject to health professionals control and supervision.
Pupils and students should generally only be given tasks in the interest of education.
§ 6. Resource Use
Health professionals will ensure that the health care do not cause patient, health institution, insurance or other unnecessary loss of time or expense.
0 Amended by Law 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
§ 7. Emergencies
Health personnel shall immediately provide the medical care they are capable of when it must be assumed that the help is urgently needed. With the limitations imposed by the patient and user Rights Act § 4-9, necessary health care is provided even if the patient is unable to consent, and even if the patient objects to such care.
If in doubt about the health care is urgently necessary, health personnel to conduct necessary examination.
The duty does not apply to the extent that other qualified health provider assumes responsibility for providing health care.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 8. Compulsory temperance
Healthcare professionals may not consume or be affected by alcohol or other drugs during working hours.
Drugs that are necessary due to illness are not considered drugs under the first paragraph. Healthcare professionals using such products will immediately notify their employer of this.
The Ministry may issue regulations concerning:
§ 9. Prohibition gifts etc. in service
Health professionals must either on their own or others' behalf receive gifts, commission, service or other benefits that are likely to influence the services provided by health actions in an improper manner.
Health care must not receive from the patient or user gifts, commission, service or other benefits that have more than a negligible value.
The Ministry may issue further provisions on which benefits are covered by the first and second paragraphs.
0 Amended by Law 22 June 2012 No.. 46 .
§ 10. Information to patients etc.
The health and care services should provide information to the person entitled to it under the rules of patient and user Rights Act §§ 3-2 to 3-4. In health institutions information under the first sentence given by the person whom the institution appoints.
The Ministry may issue further provisions on the duty of information.
0 Amended by laws 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 22 June 2012 No.. 46.
§ 10 a. Health care professionals' duty to help to safeguard minors dependents
Healthcare professionals should help to safeguard the need for information and necessary follow-up that minor children of patients with mental illness, drug addiction or serious physical illness or injury can have as a result of the parent's condition.
Healthcare professionals providing health care to the patient as mentioned in the first paragraph, shall seek to determine whether the patient has minor children.
When it is necessary to safeguard the child's needs, the health personnel including
§ 10 b. Health care professionals' duty to help to safeguard minors who are bereaved parents or siblings
0 Added by Law 16 June 2017 No.. 53 (ikr. From the King decides).
§ 11. Requisition of prescription drugs
Only doctors and dentists may prescribe prescription drugs. The Ministry may issue regulations providing that other healthcare professionals with an authorization or license may be limited in requisition.
The Ministry may issue further provisions on requisition of medicinal products, including the design and filling of prescriptions and requisition forms. It may also be determined that certain drugs or categories of drugs can completely or partially excluded from this right.
0 Amended by Law 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
§ 12. Investigations relating to criminal offenses
Physician, nurse, medical or bioengineering the request of the police blood test or make similar examination of persons who are suspected of criminal offenses under the influence of alcohol or other intoxicants or anesthetic when it is required by law and no risk.
Physician at the request of prosecutors conduct physical examination of suspects in criminal proceedings when such an investigation is decided by the Criminal Procedure Act §§ 157 or 157 a. Further, the doctor at the request of correctional conduct physical examination of an inmate in the prison facility when such an investigation is decided by the rules of Sentences Act § 29.
When requesting an intoxication test from the police, the conditions for the waiver, from correctional services, by conditions of suspended sentence, and from youth coordinator, upon completion of the youth criminal and youth supervision, should your doctor, nurse, medical and bioengineering take a blood test or similar intoxication test of people who were under 18 years of action date of. The obligation arises when the person show up for sampling
Your doctor, nurse, medical or bioengineering has no obligation to carry out investigations under subsections of:
§ 12 a. Investigation, etc.. by order of the State commission for health and care services
0 Added by Law 16 June 2017 No.. 56 (ikr. From the King decides).
§ 13. Marketing
Marketing of health services shall be responsible, sober and factual.
By marketing of facilities providing health services, the first paragraph accordingly.
The Ministry may issue further provisions on the promotion of health and care services, including provisions ban on certain forms of marketing.
0Amended by Law 22 June 2012 No.. 46.
§ 14. Order of healthcare personnel for security arrangements
The ministry may decide that health care will be participating in a guard on duty at the place where they live or work.
The Ministry may issue further regulations on the implementation etc. of security arrangements.
§ 15 requirements certificates, certification etc.
The issuing certificate, declaration etc. shall be careful, accurate and objective. Certificate, declaration etc. must be accurate and contain only information that is necessary for the purpose. Certificate, declaration etc. shall contain all information health professionals should understand is significant for the receiver and for the purpose of the certificate, the declaration ol Healthcare professionals should make it clear if the certificate, the declaration ol only based on a limited part of the relevant information health professionals have. Healthcare professionals who are incompetent Administration Act § 6 shall not issue a certificate, declaration, etc.
When health professionals understand that it may have particular importance how particularly sensitive factual circumstances described in a certificate, declaration, etc. for an insurance company, he or she should discuss this with the patient.
When it shall be handed over health information to an insurance company, and the company can understand this information as an expression of a serious illness, the patient should be informed about this first, if it must be assumed that he or she is unaware of the relationship.
The Ministry may issue further provisions on the design and content of certificates, declarations, etc.
0Amended by Laws May 9, 2008 No.. 34 (ikr. November 1, 2008 acc. Res. 24 October 2008 No.. 1143 ), 27 June 2008 No.. 65 (ikr. January 1, 2009 acc. Res. 27 June 2008 No.. 750 ) as amended by Act 14 November 2008 no. 80 .
Chapter 3. Requirements for the organization of business
§ 16. Organization of facilities providing health care services
Activities which provide health and care services should be organized so that health personnel are able to comply with their statutory obligations.
The Ministry may issue further provisions on the ordination of drugs through business procedures which will replace physician or dentist's individual ordination to individual patients.
0 Amended by laws 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 22 June 2012 No.. 46 .
§ 17. Information on factors that may endanger patients or users
Health professionals should be on its own initiative provide supervisory information on factors that may endanger patient or user security. It should not be given information about confidential information.
0 Amended by Law 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
Chapter 4. Special rules relating to authorization requirements concerning certificates etc.
0 Heading amended by Act of 22 Dec 2006 no. 100 (ikr. April 1, 2007 acc. Res. 22 Dec 2006 no. 1527 ).
§ 18. Notification of health professionals' activities
Health personnel holding an authorization or license in private practice shall notify the municipal or regional health authorities when they open, taking over or entering into activities that are covered by the law. Notification shall also be given upon the cessation.
If the health care provider shall provide services to children or people with disabilities, the police referred to in § 20 a appended to the message. Contains message one police with notes, shall immediately sent the County.
Ministry may issue further provisions regarding the information to be provided for the first paragraph, when these must be provided and how they are recorded and passed on to a central registry.
0 Amended by laws 15 June 2001 No.. 93 (ikr. January 1, 2002 acc. Res. 14 Dec 2001 no. 1417 ), 22 Dec 2006 no. 100 (ikr. April 1, 2007 acc.Res. 22 Dec 2006 no. 1527 ) , June 24, 2011 no. 30 (ikr. January 1 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 19. Notification to employer of secondary occupations and other involvement in other activities
Health personnel holding an authorization or license shall on its own initiative provide the employer information about second jobs and involvement, interests, etc. in other activities that may conflict with the main employers' interests.
The employer may also require that health authorization or license to provide information about any health care practice that health personnel carry out a self-employed, for other employers or principals in Norway or abroad, and the interests and collaboration etc.
An entity should disclose the company's name and the nature and extent of their second jobs or dedication.
This provision does not limit the obligation to disclose the secondary occupations imposed by contract or other legal provisions.
§ 20. Duties by the Patient Injury Act
Whoever outside the public health and care services provide health care as specified in the Patient Injury Act § 1, shall report and make contributions to the Norwegian Patient by Patient Injury Act § 8.
0 Amended by laws 29 June 2007 No.. 78 (ikr. January 1, 2009 acc. Res. 31 October 2008 No.. 1611), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 20 a. Requests for police
Whoever shall provide specialist health and dental services to children must submit a police mentioned in the police registry Act § 39 first paragraph by offers of position, by entering into an agreement under the Dental Health Services Act § 4-2 first paragraph and Specialized Health Services Act § 2-1, a sixth paragraph, as well as the message the opening, acquisition and entry into private business, cf. § 18.
Whoever shall provide specialist health and dental services to people with developmental disabilities shall in the cases mentioned in subsection submit a police showing whether the person is charged or indicted, have accepted or been convicted of violations of the penal code in 1902 §§ 192, 193, 194 , 195, 196, 197, 199, 200 subsection 201 subsection c, 203 or 204a and the center of Code 2005 §§ 291, 293, 294, 295, 296, 299, 301, 302, 303, 304, 305, 309, 310, 311, 312 and 314. the violation must be recorded in accordance with law register Act § 41 no. 1.
Pursuant to the first and second paragraphs do not the one who only occasionally perform such services and who generally do not want to be alone with children or people with developmental disabilities.
Police referred to in subsections shall not be older than three months.
Whoever has accepted or are judged penal code 1902 §§ 192, 193, 194, 195, 196, 197, 199, 200 subsection 201 subsection c, 203 or 204a or criminal law 2005 §§ 291, 293, 294, 295, 296, 299, 301, 302, 303, 304, 305, 309, 310, 311, 312 and 314, is excluded from providing health care for children or people with disabilities.
The health services by health and care law shall submit a police mentioned in the health and care § 5-4.
0 Added by Act of 22 Dec 2006 no. 100 (ikr. April 1, 2007 acc. Res. 22 Dec 2006 no. 1527 ), amended by Laws 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No. . 1252 ), 21 June 2013 No.. 82 (ikr. 1 January 2014 meter. Res. 27 September 2013 no. 1132 as amended by res. 13 Dec 2013 no. 1449 ), 11 Dec 2015 no. 98 (ikr. on January 1 2016 acc. Res. 11 Dec 2015 no. 1438 ), 17 June 2016 No.. 49(ikr. 1 January 2017 meter. Res. 9 Dec 2016 no. 1460 ).
Chapter 5. Confidentiality and Disclosure Policy
§ 21. General rules on confidentiality
Healthcare professionals should prevent others from gaining access to or knowledge of information about people's health or medical condition or other personal circumstances which they learn about in their capacity as health professionals.
§ 21a. Prohibition of misappropriation of confidential information
It is forbidden to read, search, or otherwise acquire, use or possess information as referred to in § 21 without it being justified by the medical care of the patient, the administration of such assistance or special law or regulation.
0 Added by Law 9 May 2008 No.. 34 (ikr. May 9, 2008 acc. Res. May 9, 2008 No.. 442 ).
§ 22. Consent to provide information
Confidentiality according to § 21 is not to prevent information from being made known to the information directly relates to, or for others to the extent that is entitled to confidentiality agree. An insurance company may still not have access to or knowledge of information that the information directly relates may be denied access pursuant patient and user Rights Act § 5-1, second paragraph.
For people under 16, the provisions of patient and user Rights Act §§ 4-4 and 3-4, second paragraph correspondingly to consent under subsection.
For people over 16 years who are not able to consider the issue of consent for the reasons mentioned in patient and user Rights Act § 3-3 second paragraph, the next of kin give consent under subsection.
0 Amended by laws 27 June 2008 No.. 65 (ikr. January 1, 2009 acc. Res. 27 June 2008 No.. 750 ), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ) . Amended by Act June 16, 2017 no. 53 (ikr. From the King decides).
§ 23. Restrictions on confidentiality
Confidentiality according to § 21 is not intended to prevent:
§ 24. Information after a person's death
Confidentiality according to § 21 is not to prevent information about a deceased person passed on if weighty reasons for doing this. In assessing whether the information should be provided, consideration shall be given to the deceased's presumed will, its nature and the relatives and the community's interests.
Next of kin have the right to access to medical records after a person's death, unless special reasons to the contrary.
§ 25. Information to co-operating personnel
Unless the patient objects thereto, confidential information may be given to co-operating personnel when this is necessary in order to provide proper health care.
Confidentiality according to § 21 is not to preclude personnel who assist with electronic processing of information, or assisting with service and maintenance of equipment, gains access to information when such assistance is required to meet statutory requirements for documentation.
Unless the patient objects thereto, confidential information may be given to co-operating personnel when this is necessary to safeguard the needs of the patient's children, ref. The Health § 10 a.
Personnel mentioned in the first, second and third paragraphs have the same confidentiality healthcare.
0 Amended by laws June 19, 2009 no. 68 , June 19, 2009 no. 70 (ikr. 1 January 2010 meter. Res. 11 Dec 2009 NO. 1501 ), 20 June 2014 No.. 43(ikr. 1 January 2015 meter. Res. 19 Dec 2014 No.. 1732 ). Amended by Act June 16, 2017 no. 53 (ikr. From the King decides).
§ 26. Information to the organization's management and administrative systems
The health care provider can provide information to business management when necessary to provide health care, or for internal controls and quality assurance of the service. This information should as far as possible, be provided without identifying characteristics.
By cooperation on treatment-oriented health records for patient Act § 9, such information also be given to the management of collaborative business.
The health care provider shall, notwithstanding the confidentiality of § 21 give the patient administration of the patient's social security number and information about diagnosis, any help needed, the services provided, admittance and release as well as relevant administrative data.
Confidentiality rules apply correspondingly to personnel in patient management.
0 Amended by Law 20 June 2014 No.. 43 (ikr. January 1, 2015 acc. Res. 19 Dec 2014 No.. 1732 ).
§ 27. Information to expert
Confidentiality under § 21 is not to preclude the health personnel acting as an expert provides information to the client, if the information is received during execution of the assignment and significance of this.
Whoever acting as an expert must make the patient aware of the mission and what this entails.
§ 28. Information to employer
The Ministry may issue regulations on the freedom to provide information on an employee's health conditions to his employer to the extent that information relates to the employee's suitability for a particular job or assignment.
§ 29. Information to research etc.
The Ministry may decide that the information may or must be for use in research, and that it can be done irrespective of confidentiality under § 21. To such a decision may be subject to conditions. The rules on confidentiality pursuant to this Act shall apply correspondingly to the person who receives the information.
The Ministry may delegate authority under the first paragraph to the regional committee for medical and health research.
The Ministry may issue further provisions regarding the use of confidential information in research.
The Ministry may issue regulations regulating health professionals' right to disclosure and use of confidential information for purposes other than health care, when the patient has given consent. It applies purposes such as insurance, credit institutions, etc.
0 Amended by Law 19 June 2009 No.. 73 (ikr. July 1, 2009 acc. Res. 26 June 2009 No.. 866 ).
§ 29 a. Information on special sanction convicted foreigners
Professional secrecy is not an obstacle to the granting of the necessary information about the sanction sentenced foreigners to the immigration authorities for use in a deportation hearing.
Upon expulsion of an alien who endures one criminal sanction, the statutory duty of confidentiality does not preclude that the health and care services in the State disclosure of information which is necessary for the receiving State to assess their need for health monitoring or need to be subjected to a treatment that can protect society where the recurrence risk as mentioned in Penal Code § 62.
0 Added by law April 24, 2015 no. 22 (ikr. May 1, 2015 meter. Res. 24 April 2015 NO. 405 ), modified by law June 19, 2015 no. 65 (ikr. October 1, 2015).
§ 29 b. Information for health analysis, quality assurance, administration, etc.
Ministry may determine that health data can or should be given to the use of health analyzes and quality assurance, administration, planning or management of health and care services, and that it should be done without regard to confidentiality. This can only happen if the data processing is of significant interest to society and to the patient's integrity and welfare is safeguarded. The degree of personal identification should be no larger than necessary for that purpose. Only in exceptional circumstances may be granted permission to use direct personally identifiable information such as your name or personal identity. Confidentiality rules apply correspondingly to the recipient of the data.
The Ministry may impose conditions on the use of information pursuant to this section.
0 Added by Law 9 April 2010 No.. 14 , as amended by the laws of 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ),20 June 2014 No.. 43 (ikr. 1 January 2015 in accordance . res. 19 Dec 2014 No.. 1732 ).
§ 29 c. Information for use in learning and quality assurance
Unless the patient objects thereto, confidential information may by special request be granted to other health care professionals who previously has provided health care to the patient in a specific course of treatment, quality assurance of health care or their own learning. The processing of the request can be automated. Health care can only be provided with the information necessary and relevant for the purpose. In the patient's file shall be documented whom information has been disclosed to and what information has been disclosed, cf. § 40.
0 Added by Law 14 June 2013 No.. 39 (ikr. July 1, 2013 acc. Res. 14 June 2013 No.. 641 ), as amended by Law 20 June 2014 No.. 43 (ikr. January 1, 2015 acc. Res. 19 Dec 2014 No. . 1732 ).
Chapter 6. information etc.
§ 30. Information to the State Board of Health and the County
Healthcare professionals should give the State Board of Health and the County access to business premises and provide all the information deemed necessary for the exercise of supervision of health professionals' activities. Health personnel shall, notwithstanding the confidentiality release the documents, sound and video recordings and the like required by the National Board of Health and the County.
0 Amended by laws 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 )
§ 30 a. Information to the Government commission for health and care services
0 Added by Law 16 June 2017 No.. 56 (ikr. From the King decides).
§ 31. Information to emergency services
Healthcare professionals should notify police and fire if this is necessary to avert serious damage to person or property.
§ 32. Information to the municipal health and care services
The health care provider shall in his work pay attention to matters which should lead to action by the municipal health and care services, and acting on its own initiative provide the municipal health and care services with information on such matters after obtaining the consent of the patient, or as far as information can be provided notwithstanding the confidentiality in accordance with § 21.
Notwithstanding the duty of confidentiality in accordance with § 21, the health personnel shall provide information to the municipal health and care services, when there is reason to believe that a pregnant woman is abusing drugs in such a way that it is highly likely that the child will be born with damage, cf. health and care Act § 10-3. Upon order from the agencies responsible for the implementation of the municipal health and care law, health personnel provide such information.
Health institutions shall designate one person to be responsible for the release of such information.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 33. Information to the Child Welfare ServiceThe health care provider shall in his work pay attention to conditions that could lead to measures taken by child welfare service.
Notwithstanding the duty of confidentiality in accordance with § 21, the health personnel shall provide information to the child welfare service when there is reason to believe that a child is being mistreated at home or there are other forms of serious neglect, cf. Child Welfare Act § 4-10, § 11.4 and § 12.4. The same applies when a child has shown persistent and severe behavioral problems, cf.. Said Act § 4-24.
Upon order from the agencies responsible for the implementation of the Child Welfare Act, health personnel provide such information.
Health institutions shall designate one person to be responsible for the release of such information.
§ 34. Information associated with a driver's license and certificate
Physician, psychologist or optician who find that a patient with a driving license for motor vehicles or certificate for aircraft does not meet the health requirements, will encourage the patient to hand in his license. If the patient's state of health is not expected to be short-lived, health personnel as mentioned notify authorities after detailed rules laid down by the Ministry in regulations.
The Ministry may issue further regulations to implement and supplement the first paragraph, and can provide the rules in the first paragraph shall apply mutatis mutandis in relation to patients who serve outside the aircraft, if the service has significance for aviation safety.
Chapter 7. Notification requirements
§ 35. Notification of births
Your doctor or midwife should notify the birth to the National Population Register. The notification shall state who is the father of the child under the provisions of the Children Act §§ 3 and 4, or whom the mother told the father of the child in cases where paternity has not been established. The Ministry may issue regulations providing that such messages shall also contain other information.
If paternity has not been established or the parents do not live together, the birth message is sent to both the National Population Register and the maintenance.
It should be given birth message even if the child is stillborn.
Your doctor or midwife must report the birth or abortion after the twelfth week of the Medical Birth Registry in accordance with regulations issued pursuant to the Health Register Act.
0 Amended by Laws May 18, 2001 No.. 24 (ikr. January 1, 2002 acc. Res. 18 May 2001 no. 502 ), June 29, 2007 no. 61 (ikr. January 1 2008 acc.Res. 7 Dec 2007 no. 1370 ) .
§ 36. Notice of death
Physicians should provide certificates of deaths that they are familiar with in their business. The Ministry issues regulations concerning declarations.
Doctors who have provided medical certification of death or who have provided health care to a person before his death shall provide municipal medical necessary information on the cause of death. Municipal physician should provide information to the Cause of Death Register.
Is there reason to believe that death is unnatural, the physician should inform the police in accordance with regulations issued by the Ministry.
Is investigation initiated to determine whether the death was caused by criminal offense, the physician should provide the court with information relevant to the case, if the court requests it.
§ 37. Notification to health records etc.
The King may order health authorization or license to provide information to health records in accordance with regulations issued pursuant to the Health Register Act.
0 Amended by Law 18 May 2001 No.. 24 (ikr. January 1, 2002 acc. Res. 18 May 2001 no. 502 ).
§ 38. (Repealed by Act 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762).)
§ 38 a. Notification requirements for individual plans and coordinator
Health professionals must immediately notify patients and clients need for individual plans and Coordinator, ref. Patient and user Rights Act § 2-5, health and care law §§ 7.1 and 7.2, as well as the Specialized Health Services Act § 2-5 a. healthcare professionals provide specialist, must notify the coordinating unit for qualification and rehabilitation activities in the specialist. Other health care professionals should notify the coordinating unit for habilitation and rehabilitation activities in the municipality.
0 Added by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
Chapter 8. Documentation duty
§ 39. Duty to keep records
The health care provider shall enter or record information as mentioned in § 40 in a record for the individual patient. The obligation to keep records does not apply to cooperative personnel providing care for instructions or guidance from other health professionals.
In health institutions shall appoint a person who shall have the overall responsibility for the individual patient record including to decide what information should be in the patient record.
The Ministry may by regulations require health personnel as mentioned in the first paragraph to keep a separate record that the patient himself (own records).
§ 40. Requirements for the contents of patient records etc.
The records shall be kept in accordance with good professional conduct and shall contain relevant and necessary information about the patient and the health care, as well as the information necessary to fulfill the notification or disclosure prescribed by law or pursuant to law. The record shall be easy to understand for other qualified health care professional.
It must be clear who has entered the information in the register.
The Ministry may issue further regulations on the contents of patient records and responsibility for the records under this provision, including the storage, transfer, termination and destruction of records.
0 Amended by Act 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ).
§ 41. Obligation to give patients access to medical records
The health care provider shall provide access to the register of the person entitled to it under the rules of patient and user Rights Act § 5-1.
In health care the person who has overall responsibility for the journal according to § 39, ensure that access is granted pursuant to subsection.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 42. Correcting journal
Health care as referred to in § 39 shall at the request of the data subject, or on its own initiative, correct erroneous, incomplete or improper information or comments in a journal. Correction shall be the patient records, or by adding a dated correction in the records. Rectification shall take place by deleting information or comments.
If the claim for rectification be rejected, the claim for rectification and grounds for refusal shall be entered in the register.
Refusal of a request for rectification can be appealed to the county governor who determines whether corrections can be made.
The Ministry may issue further provisions regarding rectification under this provision.
0 Amended by laws 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ) , June 17, 2016 no. 47 (ikr. July 1 2016 meter. Res. 17 June 2016 No.. 730 ).
§ 43. Deleting journal entries
As required by the journal information concerns, or on its own initiative, health personnel as mentioned in § 39 delete information or comments in the register, if this is unobjectionable public interest, does not conflict with the provisions of or pursuant to the Archives Act §§ 9 or 18 and:
The Ministry may issue further regulations on cancellation under this provision.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ) , June 24, 2011 no. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 22 June 2012 No.. 46 , June 17, 2016 no. 47 (ikr. July 1, 2016 acc. res. on June 17 2016 No.. 730 ).
§ 44 records on the wrong person
As required by the data subject, or on its own initiative, health personnel as mentioned in § 39 deleting records, or information or comments in a journal, which is recorded on the wrong person, unless the public interest dictates that deletion should not be undertaken. The rules in § 43 second to fourth paragraphs apply correspondingly.
§ 45. Disclosure of and access to records and information
Unless the patient objects to be healthcare providers provide or providing health care to the patient after this law given necessary and relevant health information to the extent necessary to provide health care to the patient properly. It should be stated in the record that other health professionals are given health information.
Health information as mentioned in the first paragraph may be provided by the data controller or the healthcare professional that has documented information, cf. § 39.
The Ministry may issue further provisions to supplement the first paragraph, and may include that other health personnel may be granted access to the records, also in cases falling outside the first paragraph.
0 Amended by laws June 19, 2009 no. 68 , June 20, 2014 no. 43 (ikr. 1 January 2015 meter. Res. 19 Dec 2014 no. 1732 ).
§ 45 a. Epicrisis
Patients should be given the opportunity to disclose the discharge report should be sent. Unless the patient objects thereto, shall upon discharge from the healthcare facility forwarded discharge report to the admitting or referring health professionals, for professionals who need the information in order to provide the patient with adequate follow-up, and to the patient's regular doctor. It must also be sent epicrisis by outpatient treatment or treatment by a specialist.
If it is not possible to send discharge reports at the time of discharge, the discharge report regardless sent within the proper time after the health care is completed.
With epicrisis means summary of available records information relating to the examination or treatment of a patient who is necessary for further processing or monitoring of the patient in the healthcare service can take place in a proper manner. The Ministry may issue further provisions regarding the obligation under the first and second paragraphs, including who discharge summaries to be sent, the information discharge summary should contain, and when discharge summary should be sent.
0 Added by Law 14 June 2013 No.. 39 (ikr. July 1, 2013 acc. Res. 14 June 2013 No.. 641 ).
§ 46. (Repealed by Act 19 June 2015 No.. 60.)
§ 47. Records and records as evidence
In legal or administrative cases of health personnel's professional practice, the records, patient records and material required submitted as evidence in the original or certified photocopy or printing.
Chapter 9. Conditions for authorization, license and specialist training
§ 48. Authorization
The authorization scheme under this Act the following groups of health professionals:
The Ministry may issue regulations that health groups not covered by the first paragraph may be granted authorization after application. The decision shall be given to the interests of patient safety, content and purpose of education, the extent to which the profession is exercised independently and interests of harmonization with other countries.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 22 Dec 2006 no. 100 (ikr. April 1, 2007 acc.Res. 22 Dec 2006 no. 1527 ) , June 27, 2008 no. 64 , November 14, 2008 No.. 80 , June 19, 2015 no. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ). Should have been amended by Law 19 June 2015 No.. 61 , as amended subsection c, this clause was repealed by Law 19 June 2015 No.. 59 .
§ 48 a. Conditions for authorization following § 48
Right to authorization following an application whoever
The applicant must also
0 Added by Law 19 June 2015 No.. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
§ 49. License
Healthcare professionals who are not entitled to authorization in accordance with § 48 a, may be granted a license application. License may be granted only to healthcare professionals who are qualified on the basis of the license type and scope.
A license may also be granted to healthcare professionals with foreign exam that is recognized by an agreement on mutual recognition in accordance with § 52.
The license may be limited in time, to a certain position, to certain types of health care or otherwise.
The Ministry may issue further regulations on the conditions for obtaining a license and the conditions that may be linked to it, including that the requirements will apply to those who already have a license by the Regulation came into force.
0 Amended by Law 19 June 2015 No.. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
§ 50. Limit License
Public employee and authorized healthcare professionals in Sweden and Finland in the work along the border to Norway, may carry on business in adjacent Norwegian municipalities without Norwegian authorization or license pursuant to §§ 48 and 49.
§ 51. Specialist training
The Ministry may issue regulations concerning specialist training for authorized medical staff and the approval of specialists. This could include provisions regarding
§ 52. International agreements
On the basis of the rules of international law which Norway is bound, authorization, license, specialist training and the right to practice profession that healthcare providers temporarily in Norway without Norwegian authorization, license or specialist certification, given to Norwegian or foreign citizen.
The ministry may in regulations stipulate further provisions to supplement the first paragraph, including provisions relating to special conditions for approval are required to comply with international agreements.
0 Amended by Act May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ).
Chapter 10. Assignment and expiration of authorization, license and specialist training
§ 53. Grant of authorization, license and specialist training
Health Directorate or whoever is authorized providing authorizations, licenses and specialist certification against stipulated remuneration. Health Directorate or whoever is authorized also entitled to exercise the profession that health professionals temporarily in Norway without Norwegian authorization, license or specialist approval, cf. § 52 first paragraph. The Ministry may by regulations require the individual educational institutions and other educational responsibility to provide authorization for programs that do not require practical training, ref. § 48 a second paragraph letter c and 48 a third paragraph.
Health Directorate or whoever is authorized to refuse an applicant authorization, license, specialist training or the right to practice profession that healthcare providers temporarily in Norway without Norwegian authorization, license or specialist approval, if there are circumstances that would have given grounds for revocation under § 57.
Decisions pursuant to the first and second paragraphs are individual decisions under the Public Administration.
If there is reason to believe that grounds for revocation exist, the Health Directorate or whoever is authorized by order health to undergo examinations as referred to in § 60.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 21 Dec 2001 no. 119 (ikr. January 1, 2002 acc.Res. 21 Dec 2001 no. 1524 ) , June 28, 2002 no. 62 (ikr. July 1 2002 meter. Res. 28 June 2002 No.. 638 ), May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ), 19 June 2009 No.. 110 (ikr. October 1, 2011 acc. Res. 16 September 2011 No.. 950 ), 19 June 2015 No.. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
§ 54 Lapse of authorization, license and specialist training
Authorization, license or specialist training expire when the holder turns 80 years. Occupation title can still be used.
People over 80 years old can still be granted a license and specialist training under certain conditions, cf. § 49 fourth paragraph and § 51.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 19 June 2015 No.. 61 (ikr. July 1, 2015 acc.Res. 19 June 2015 No.. 680 ).
Chapter 11. Reactions etc. in violation of legal provisions
0 Heading amended by Act 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ).
§ 55. (Repealed by Act 7 June 2013 no. 29.)
§ 56. Warning
The board can issue a warning to health care professionals who willfully or negligently violates obligations under this Act or regulations issued pursuant to it, if the breach of duty is likely to endanger the safety of health and care services, to inflict patients or users a significant load or to significantly weaken confidence in the health care provider or health care service.
The board can issue a warning to health care professionals who have demonstrated a behavior that is likely to substantially undermine confidence in the profession.
Warning are individual decisions under the Public Administration.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), May 9, 2008 No.. 34 (ikr. November 1, 2008 acc. Res. 24 October 2008 No.. 1143 ) , June 24, 2011 no. 30 (ikr. January 1 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 57. Revocation of authorization, license or specialist certification
The board can revoke authorization, license or specialist training if the holder is unsuitable to practice his profession because of severe mental illness, mental or physical impairment, long absence from the profession, use of alcohol, drugs or agents having a similar effect, gross lack of professional insight, irresponsible conduct, gross breach of duty under this Act or regulations issued pursuant to it, or because of behavior deemed incompatible with professional conduct.
Authorization, license or specialist approval may be revoked if the holder, despite warnings fail to comply with statutory requirements.
Authorization, license or specialist approval may be revoked if the conditions stipulated in the regulations in accordance with §§ 48 a, 49 or 51 are not met.
Authorization, license or specialist approval granted on the basis of the corresponding approval in another country, may be withdrawn if the authorization of this country loses its validity.
The recall is an individual decision by the Public Administration.
0 Amended by Law 19 June 2015 No.. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
§ 58. Suspension of authorizations, licenses and specialist certification
If there is reason to believe that the conditions for revocation are present, and health personnel is considered to be a danger to the security of health and care services, the Norwegian Board of Health may suspend authorization, license or specialist approval until there is a final decision in the case. The suspension can be applied for six months and may be extended once for an additional six months.
Suspension is an individual decision by the Public Administration.
0 Amended by Law 22 June 2012 No.. 46 .
§ 59. Limitation of Authorization
The board can restrict the authorization applies to the performance of certain activities under certain conditions.
Such restriction may be imposed in cases where health professionals, despite the fact that the conditions for withdrawal are met, deemed fit to carry on business on a limited field under the supervision and guidance.
Norwegian Board of Health may, upon application abolish restrictions under the first paragraph if the healthcare provider proves that there are no longer grounds for such limitations or that the conditions that were set are met.
Decisions on limitation of authorization and refusal of the application for revocation of the Statutory limitations are individual decisions under the Public Administration.
0 Amended by Act May 9, 2008 No.. 34 (ikr. November 1, 2008 acc. Res. 24 October 2008 No.. 1143 ).
§ 59 a. Limitation of authorization without conditions for revocation are satisfied
Even if the conditions for revocation pursuant to § 57 are not met, the Norwegian Board restrict the authorization applies to the performance of certain activities under certain conditions if the warning according to § 56 does not appear sufficient to ensure the Act's objectives. Upon assessment particular emphasis on whether there is reason to believe that the health of the reasons mentioned in § 57 may be unfit to practice his profession if authorization is not restricted.
Norwegian Board of Health may, upon application abolish restrictions under the first paragraph if the healthcare provider proves that there are no longer grounds for such limitations or that the conditions that were set are met.
Decisions on limitation of authorization and refusal of the application for revocation of the Statutory limitations are individual decisions under the Public Administration.
0 Added by Law 9 May 2008 No.. 34 (ikr. November 1, 2008 acc. Res. 24 October 2008 No.. 1143 ).
§ 60. Imposition of expert examination
In cases where revocation of authorization, license or specialist training to be evaluated, the Norwegian Board of Health may order health personnel to undergo a medical or psychological examination by experts.
Norwegian Board of Health may suspend authorization, license or specialist approval as long as order under the first paragraph is not complied.
§ 61. Voluntary renouncement of authorization, license or specialist certification
Health personnel may themselves renounce the authorization, license or specialist approval by written declaration to the county. Authorization, license or specialist training document should if possible be handed simultaneously.
0 Amended by laws 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ), 22 June 2012 No.. 46 .
§ 62. The new authorization or license
Norwegian Board of Health can provide health care professionals who have lost their authorization, license or specialist approval by the recall or voluntary waiver, new authorization, license or specialist approval if he proves that he / she is fit. New authorization may be limited in accordance with § 59.
Rejection of an application for a new authorization, license or specialist training are individual decisions under the Public Administration.
0 Amended by Law 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
§ 62 a. Imposition of filing of medical records
Norwegian Board of Health may by revocation and suspension of authorization, license or specialist certification order health to submit his medical records to the County Governor or the Norwegian Health.
The Ministry may issue further regulations concerning the conditions to issue orders to the filing, access to and use of the archives and the archives' repository status in the Norwegian Health.
0 Added by Law 22 June 2012 No.. 47 (ikr. June 22, 2012 acc. Res. 22 June 2012 No.. 578 ).
§ 63. Loss of right to prescribe medicines in groups A and B
If doctors or dentists requisition of medicine in groups A and B be regarded as unacceptable, the Norwegian Board of completely or partially revoke the right to require such drugs for a certain time or permanently. The same applies to other health care professionals in the regulations issued pursuant to § 11 is granted a limited right to prescribe drugs.
The right to prescribe drugs in group A and B provided on the basis of the corresponding approval in another country, may be revoked by the State Board of Health if the approval of the other country loses its validity.
Health personnel may themselves renounce the right to prescribe drugs as mentioned in the first paragraph by written declaration to the county. A waiver is binding in the period when it is given.
If the conditions for revocation are still met by the deadline in the first paragraph, the Norwegian Board of Health may make another decision pursuant to the first paragraph.
When doctors or dentists do not even have the right to prescribe drugs in group A and B, the municipal chief consultant or county dentist prescribe drugs that are necessary in their activities. These can also accept that another healthcare provider performs requisition.
Decision on revocation of the right to requisition are individual decisions under the Public Administration.
0 Amended by laws 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ), 22 Dec 2006 no. 100 (ikr. January 1, 2007 acc. Res. 22 Dec 2006 no. 1527 ) , June 22, 2012 no. 46 .
§ 64. Suspension of requisition
If there is reason to believe that the conditions for calling back requisition rights are fulfilled and health personnel is considered to be a danger to the security of health and care services, the Norwegian Board of Health may suspend the right to require medicinal products as referred to in § 63 until the matter is settled, but not beyond six months. If health personnel delay the matter, the suspension may be extended once for an additional six months.
A decision to suspend requisition are individual Administration.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 65. Shortening the period of loss of requisition rights
If there is proper, the Norwegian Board application provide a healthcare back court to prescribe medicines in Groups A and B before the expiration of the time limit is determined.
Rejection of application is an individual under the Public Administration.
§ 65 a. Reactions to temporary professionals
The board can impose the following responses to healthcare professionals who practice the profession temporarily in Norway without Norwegian authorization, license or specialist approval, cf. § 52 first paragraph:
0 Added by Law 9 May 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ).
§ 66. Information to the employer and to other countries
The Board shall notify the employer of warnings, revocation, voluntary waiver or suspension of authorizations, licenses, specialist training or requisition rights or limitation of authorization. The employer also means the public authority that has operating agreements with health care professionals.
If health professionals engaged in independent practice with operating agreements, should the State Board of Health entitle public authorities advance notice when there is justified suspicion that the terms of that resolution has been passed, and the decision will have an impact on the ability to meet the operating agreement.
Upon revocation, voluntary waiver or suspension of authorizations, licenses, specialist training or requisition rights or limitation of authorization must Norwegian Board of Health shall notify the countries Norway is obligated under international law to inform.
§ 67. Penalty
Any person who willfully or through gross negligence contravenes provisions of the Act or pursuant to it, shall be punished by a fine or imprisonment not exceeding three months.
Public prosecution takes place if the public interest requires it or at the request of the State Board of Health.
0 Amended by Law 19 June 2015 No.. 65 (ikr. October 1, 2015). Amended by Act June 16, 2017 no. 53 (ikr. From the King decides).
§ 67 a. Prohibition of the use of messages by Special Health Services Act § 3-3 as a basis to establish a case against healthcare providers pursuant to Section 11Message to the Health Directorate for Specialized Health Services Act § 3-3 can not in itself form the basis for initiating action or make decisions on reaction pursuant to section 11 of this Act. The same applies to petition for prosecution under § 67, second paragraph.
0 Added by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), amended by Law 18 Dec 2015 No.. 121 (ikr. January 1, 2016).
Chapter 12. State Board for Health Personnel and Pharmacy Appeals Board
0 Heading amended by Laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 20 June 2003 No.. 45 (ikr. July 1, 2003 acc. Res. 20 June 2003 No.. 712 ).
§ 68. State Board for Health Personnel and Pharmacy Appeals Board
The establishment of a state healthcare board (HPN). In cases under the Pharmacy Act, the Board shall call himself Pharmacy Appeals Board (AKN).
Norwegian Appeals Board is the appeals body for decisions in accordance with §§ 53, 56-59 A and 62-65 a. Pharmacy Appeals Board is the appeal body for decisions made pursuant to the Pharmacy Act § 9-1 first paragraph.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 20 June 2003 No.. 45 (ikr. July 1, 2003 acc.Res. 20 June 2003 No.. 712 ) , 9 May 2008 no. 33 (ikr. 1 November 2008 meter. Res. 17 October 2008 no. 1125 ), 9 May 2008 no. 34 (ikr. 1 November 2008 meter. Res. 24 October 2008 no. 1143 ).
§ 69. Organization of the State Board for Health Personnel
Norwegian Appeals Tribunal shall be an independent body with high health care and legal counsel appointed by the Ministry for three years at a time.
State healthcare board comprising three lawyers, one of which is the head of the board, and three individuals with healthcare professionals and a lay representative.
Norwegian Appeals Board may appoint two experts to assist in the individual case.
The Ministry may issue further regulations on the organization of the State Board for Health Personnel.
§ 70. State Health Personnel business
The Ministry may issue further regulations on proceedings in the Norwegian Appeals Board.
§ 71. Judicial
Decisions by the Norwegian Appeals Board in accordance with §§ 53, 56-59 A and 62-65 A can be brought before the courts, which may review all aspects of the case.
Actions under the first paragraph must be brought within six months from the date the decision of the Norwegian Appeals Tribunal has reached the one who has complained to the Tribunal. Legal action may however invariably raised when it has been six months from the complaint was first put forward, and it is not due to the negligence of the appellant's side that the Tribunal's decision has not been.
The court may by order decide that decision under the provisions of subsection shall not have effect until it's taken a final decision in the case or before final judgment has been passed.
When deadlines after second paragraph has expired without legal proceedings are brought, the decision has the same effect as a legally valid judgment.
This provision does not preclude a decision may be brought before the Parliamentary Ombudsman.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 17 June 2005 No.. 90 (ikr. January 1, 2008 acc. Res. 26 January 2007 No.. 88 ) as amended by law 26 January 2007 No.. 3 , May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ), May 9, 2008 No.. 34 (ikr. November 1, 2008 acc. res . October 24, 2008 No.. 1143 ), 11 Dec 2015 No.. 97 (ikr. September 15, 2016 acc. Res. 17 June 2016 No.. 727 ), 11 Dec 2015 No.. 97 (ikr. November 1, 2016 for new second and fourth joints acc. Res. 17 June 2016 No.. 727). Endres by law 18 des 2015 no. 121 (ikr. From the King determines).
§ 72. (Repealed by Act 21 Dec 2000 no. 127.)
Chapter 13. Miscellaneous Provisions
§ 73. Compensation for loss in suspension and revocation
If the decision on suspension or revocation proves to be invalid or set aside for other reasons, it may require compensation for the hardship suffered by ordinary liability rules.
§ 74. Use of protected title
Only those who have Norwegian authorization, license or specialist approval pursuant to § 53, has the right to use such job titles characteristic of the relevant group of health professionals. This also applies to the one who had authorization, license or specialist approval until the loss due to age, cf. § 54 first paragraph.
Personnel who have the right to practice profession that healthcare providers temporarily in Norway without Norwegian authorization, license or specialist training, you can use the professional title they use in the country where they are established, in such a way that the title is not to be confused with similar Norwegian title. Personnel who have the right to practice profession as a physician, physician specialist, dentist, dental specialist, nurse, midwife or provisorfarmasøyt temporarily in Norway without Norwegian authorization, license or specialist training, you use Norwegian professional designation.
Right to use Norwegian title also has other personnel who have the right to practice profession that healthcare providers temporarily in Norway without Norwegian authorization, license or specialist approval, if the Norwegian authorization authority has checked his or her professional qualifications.
No need to improper use titles or advertise their activities in such a way that it can be given the impression that he or she has authorization, license or specialist certification.
The Ministry may issue further provisions on which titles are protected under this section.
0 Amended by Laws May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ), 19 June 2015 No.. 61 (ikr. July 1 2015 meter. Res. 19 June 2015 No.. 680 ) , June 16, 2017 no. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
§ 75. Entry into force
This Act comes into force from the date decided by the King. 1 King may decide that the individual provisions of the Act shall come into force at different times.
1 From 1 January 2001 except § 38 acc. Res. 1 Jan 2000 no. 1199 § 77 (2) no. 2, new § 1-3a of the Act 19 November 1982 no. 66 (Municipal Health Service), was set ikr. April 14, 2000 acc. Res. April 14, 2000 No.. 325.
§ 76. Transitional arrangements
Regulations etc. issued pursuant to the laws repealed or amended when this Act comes into force, apply to the extent they conflict with this Act or regulations issued pursuant thereto.
Whoever the commencement of the Act authorization, official approval as health, license or specialist training, retaining its authorization, approval, license or specialist approval pursuant to this Act.
People between 75 and 80 years who had authorization, license or specialist certification as having lapsed since the age of 75, may notify the Health Directorate or whoever is authorized by the re-acquisition until the age of 80 years. Health Directorate or whoever is authorized shall, without compensation grant such authorization, license or specialist certification. The provisions of § 53 second, third and fourth joints and § 68, second paragraph, first sentence, apply correspondingly.
The Ministry may issue regulations to implement this Act, including transitional provisions.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 19 June 2015 No.. 61 (ikr. July 1, 2015 acc.Res. 19 June 2015 No.. 680 ) .
§ 77. Repeal of and amendments to other Acts
From the time the law comes into force following Acts are repealed:
- - -
At the same time the following amendments to other Acts - - -
given LOV-1999-07-02-64
Department Health and Care Services
Last changed LOV-2017-06-21-90 from 01.07.2017, LOV-2017-06-16-53 from 01.07.2017
Published
Commencement 01.01.2001, 04.14.2000, King decides
Changing
promulgated
Korttittel Helsepersonelloven - hpl
Chapter overview:
- Chapter 1. The purpose, scope and definitions (§§ 1-3)
- Chapter 2. Requirements for health personnel profession (§§ 4-15)
- Chapter 3. Requirements for the organization of business (§§ 16-17)
- Chapter 4. Particular rules relating to the authorization requirements for a police etc. (§§ 18-20 a)
- Chapter 5. Confidentiality and right of disclosure (§§ 21-29 c)
- Chapter 6. information etc. (§§ 30-34)
- Chapter 7. Notification requirements (§§ 35-38 a)
- Chapter 8. Documentation duty (§§ 39-47)
- Chapter 9. Conditions for authorization, license and specialist training (§§ 48-52)
- Chapter 10. Allocation and expiration of authorization, license and specialist training (§§ 53-54)
- Chapter 11. Reactions etc. by violating statutory provisions (§§ 55-67 a)
- Chapter 12. State healthcare board and Pharmacy complaints board (§§ 68-72)
- Chapter 13. Miscellaneous Provisions (§§ 73-77)
See previous promises 13 July 1956, 8 January 1960 no. 1, June 11, 1971 no. 54, June 23, 1972 no. 69, 9 mars 1973 no. 13, June 14, 1974 no. 47, June 13, 1980 no. 42, 13 June 1980 no. 43 and 26 April 1985 no. 23rd
Chapter 1. The purpose, scope and definitions
§ 1. The purpose of the Act
The Act is designed to contribute to the safety of patients and quality of health and care services as well as trust in health professionals and health care services.
0Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 2. Scope of the Act
The Act applies to health professionals and businesses that provide health care in this country.
King issues regulations concerning the Act apply to Svalbard and Jan Mayen, and may lay down special rules taking account of local conditions.
To the extent determined by the King in regulations, the Act applies to persons on Norwegian ships in foreign trade, the Norwegian civil aircraft in international traffic, on installations and vessels working on the Norwegian Continental Shelf and the Norwegian rescue responsibility.
§ 3. Definitions
With health care professionals are in this law:
- personnel with authorization in accordance with § 48 a or license pursuant to § 49,
- personnel in the health and care services or pharmacies who perform actions referred to in subsection
- pupils and students in connection with health professional training takes action as mentioned in the third paragraph.
With health care means any action that has preventive, diagnostic, therapeutic, health-preserving, rehabilitating or nursing and care purposes and performed by health professionals.
The health institution shall mean an institution coming under the Specialized Health Services Act and the health and care law. The Ministry may issue further provisions on which institutions should be covered.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. On Oct. 17, 2008 No.. 1125 ) , June 24, 2011 no. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 19 June 2015 No.. 59(ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
Chapter 2. Requirements for health personnel profession
§ 4. Adequate activity
Health personnel shall conduct their work in accordance with the requirements of professional responsibility and diligent care that can be expected based on their qualifications, the nature of work and the situation in general.
Healthcare professionals should abide by their professional qualifications, and shall obtain assistance or refer patients further where necessary and possible. If the patient needs dictate, the profession shall be through cooperation and interaction with other qualified personnel. Health professionals have an obligation to participate in developing individual plans, when a patient or user is entitled to such a plan for patient and user Rights Act § 2-5.
In collaboration with other health professionals, the physician and dentist decisions respectively medical and dental issues regarding examination and treatment of the individual patient.
The Ministry may in regulations provide that certain types of health care can only be provided by personnel with special qualifications.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 5. Use of aides
Health professionals may in their work assign certain tasks to other personnel if it is justifiable in terms of the assigned task, personnel qualification and the follow-up given. Assistants are subject to health professionals control and supervision.
Pupils and students should generally only be given tasks in the interest of education.
§ 6. Resource Use
Health professionals will ensure that the health care do not cause patient, health institution, insurance or other unnecessary loss of time or expense.
0 Amended by Law 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
§ 7. Emergencies
Health personnel shall immediately provide the medical care they are capable of when it must be assumed that the help is urgently needed. With the limitations imposed by the patient and user Rights Act § 4-9, necessary health care is provided even if the patient is unable to consent, and even if the patient objects to such care.
If in doubt about the health care is urgently necessary, health personnel to conduct necessary examination.
The duty does not apply to the extent that other qualified health provider assumes responsibility for providing health care.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 8. Compulsory temperance
Healthcare professionals may not consume or be affected by alcohol or other drugs during working hours.
Drugs that are necessary due to illness are not considered drugs under the first paragraph. Healthcare professionals using such products will immediately notify their employer of this.
The Ministry may issue regulations concerning:
- healthcare professionals to be required to provide breath test, blood test or similar test for suspected breach of the first part,
- prohibition of the consumption of drugs in a specific period before the term of office begins, and
- allow healthcare professionals to be prepared for sampling with the assistance of the police in cases health professionals refuse, or otherwise evade, to give a sample.
§ 9. Prohibition gifts etc. in service
Health professionals must either on their own or others' behalf receive gifts, commission, service or other benefits that are likely to influence the services provided by health actions in an improper manner.
Health care must not receive from the patient or user gifts, commission, service or other benefits that have more than a negligible value.
The Ministry may issue further provisions on which benefits are covered by the first and second paragraphs.
0 Amended by Law 22 June 2012 No.. 46 .
§ 10. Information to patients etc.
The health and care services should provide information to the person entitled to it under the rules of patient and user Rights Act §§ 3-2 to 3-4. In health institutions information under the first sentence given by the person whom the institution appoints.
The Ministry may issue further provisions on the duty of information.
0 Amended by laws 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 22 June 2012 No.. 46.
§ 10 a. Health care professionals' duty to help to safeguard minors dependents
Healthcare professionals should help to safeguard the need for information and necessary follow-up that minor children of patients with mental illness, drug addiction or serious physical illness or injury can have as a result of the parent's condition.
Healthcare professionals providing health care to the patient as mentioned in the first paragraph, shall seek to determine whether the patient has minor children.
When it is necessary to safeguard the child's needs, the health personnel including
- a) conversation with the patient about the child's information or monitoring needs and offer information and advice on relevant measures. Within the framework of confidentiality should health professionals also offer child and others who care for the child, to take part in such a conversation
- b) obtain consent to conduct follow-up which health personnel deems appropriate
- c) help the child and the people who care for the child, in accordance with the rules of confidentiality, given information about the patient's medical condition, treatment and opportunity for companionship. Information will be provided in a form adapted for the patient's individual requirements.The Ministry may issue regulations detailing the contents of the health care professionals' obligations under this provision.
§ 10 b. Health care professionals' duty to help to safeguard minors who are bereaved parents or siblings
0 Added by Law 16 June 2017 No.. 53 (ikr. From the King decides).
§ 11. Requisition of prescription drugs
Only doctors and dentists may prescribe prescription drugs. The Ministry may issue regulations providing that other healthcare professionals with an authorization or license may be limited in requisition.
The Ministry may issue further provisions on requisition of medicinal products, including the design and filling of prescriptions and requisition forms. It may also be determined that certain drugs or categories of drugs can completely or partially excluded from this right.
0 Amended by Law 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
§ 12. Investigations relating to criminal offenses
Physician, nurse, medical or bioengineering the request of the police blood test or make similar examination of persons who are suspected of criminal offenses under the influence of alcohol or other intoxicants or anesthetic when it is required by law and no risk.
Physician at the request of prosecutors conduct physical examination of suspects in criminal proceedings when such an investigation is decided by the Criminal Procedure Act §§ 157 or 157 a. Further, the doctor at the request of correctional conduct physical examination of an inmate in the prison facility when such an investigation is decided by the rules of Sentences Act § 29.
When requesting an intoxication test from the police, the conditions for the waiver, from correctional services, by conditions of suspended sentence, and from youth coordinator, upon completion of the youth criminal and youth supervision, should your doctor, nurse, medical and bioengineering take a blood test or similar intoxication test of people who were under 18 years of action date of. The obligation arises when the person show up for sampling
Your doctor, nurse, medical or bioengineering has no obligation to carry out investigations under subsections of:
- spouse, cohabitant, registered partner, fiancé or of relatives in direct ascent or descent, a sibling or just close by marriage.Same with kinship considered adoption or fostering conditions.
- person that health professionals have to treat.The Ministry may issue further provisions on the duty to carry out investigations under this section, including the stipulation of the statute of limitations in duty and on exemptions.
§ 12 a. Investigation, etc.. by order of the State commission for health and care services
0 Added by Law 16 June 2017 No.. 56 (ikr. From the King decides).
§ 13. Marketing
Marketing of health services shall be responsible, sober and factual.
By marketing of facilities providing health services, the first paragraph accordingly.
The Ministry may issue further provisions on the promotion of health and care services, including provisions ban on certain forms of marketing.
0Amended by Law 22 June 2012 No.. 46.
§ 14. Order of healthcare personnel for security arrangements
The ministry may decide that health care will be participating in a guard on duty at the place where they live or work.
The Ministry may issue further regulations on the implementation etc. of security arrangements.
§ 15 requirements certificates, certification etc.
The issuing certificate, declaration etc. shall be careful, accurate and objective. Certificate, declaration etc. must be accurate and contain only information that is necessary for the purpose. Certificate, declaration etc. shall contain all information health professionals should understand is significant for the receiver and for the purpose of the certificate, the declaration ol Healthcare professionals should make it clear if the certificate, the declaration ol only based on a limited part of the relevant information health professionals have. Healthcare professionals who are incompetent Administration Act § 6 shall not issue a certificate, declaration, etc.
When health professionals understand that it may have particular importance how particularly sensitive factual circumstances described in a certificate, declaration, etc. for an insurance company, he or she should discuss this with the patient.
When it shall be handed over health information to an insurance company, and the company can understand this information as an expression of a serious illness, the patient should be informed about this first, if it must be assumed that he or she is unaware of the relationship.
The Ministry may issue further provisions on the design and content of certificates, declarations, etc.
0Amended by Laws May 9, 2008 No.. 34 (ikr. November 1, 2008 acc. Res. 24 October 2008 No.. 1143 ), 27 June 2008 No.. 65 (ikr. January 1, 2009 acc. Res. 27 June 2008 No.. 750 ) as amended by Act 14 November 2008 no. 80 .
Chapter 3. Requirements for the organization of business
§ 16. Organization of facilities providing health care services
Activities which provide health and care services should be organized so that health personnel are able to comply with their statutory obligations.
The Ministry may issue further provisions on the ordination of drugs through business procedures which will replace physician or dentist's individual ordination to individual patients.
0 Amended by laws 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 22 June 2012 No.. 46 .
§ 17. Information on factors that may endanger patients or users
Health professionals should be on its own initiative provide supervisory information on factors that may endanger patient or user security. It should not be given information about confidential information.
0 Amended by Law 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
Chapter 4. Special rules relating to authorization requirements concerning certificates etc.
0 Heading amended by Act of 22 Dec 2006 no. 100 (ikr. April 1, 2007 acc. Res. 22 Dec 2006 no. 1527 ).
§ 18. Notification of health professionals' activities
Health personnel holding an authorization or license in private practice shall notify the municipal or regional health authorities when they open, taking over or entering into activities that are covered by the law. Notification shall also be given upon the cessation.
If the health care provider shall provide services to children or people with disabilities, the police referred to in § 20 a appended to the message. Contains message one police with notes, shall immediately sent the County.
Ministry may issue further provisions regarding the information to be provided for the first paragraph, when these must be provided and how they are recorded and passed on to a central registry.
0 Amended by laws 15 June 2001 No.. 93 (ikr. January 1, 2002 acc. Res. 14 Dec 2001 no. 1417 ), 22 Dec 2006 no. 100 (ikr. April 1, 2007 acc.Res. 22 Dec 2006 no. 1527 ) , June 24, 2011 no. 30 (ikr. January 1 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 19. Notification to employer of secondary occupations and other involvement in other activities
Health personnel holding an authorization or license shall on its own initiative provide the employer information about second jobs and involvement, interests, etc. in other activities that may conflict with the main employers' interests.
The employer may also require that health authorization or license to provide information about any health care practice that health personnel carry out a self-employed, for other employers or principals in Norway or abroad, and the interests and collaboration etc.
An entity should disclose the company's name and the nature and extent of their second jobs or dedication.
This provision does not limit the obligation to disclose the secondary occupations imposed by contract or other legal provisions.
§ 20. Duties by the Patient Injury Act
Whoever outside the public health and care services provide health care as specified in the Patient Injury Act § 1, shall report and make contributions to the Norwegian Patient by Patient Injury Act § 8.
0 Amended by laws 29 June 2007 No.. 78 (ikr. January 1, 2009 acc. Res. 31 October 2008 No.. 1611), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 20 a. Requests for police
Whoever shall provide specialist health and dental services to children must submit a police mentioned in the police registry Act § 39 first paragraph by offers of position, by entering into an agreement under the Dental Health Services Act § 4-2 first paragraph and Specialized Health Services Act § 2-1, a sixth paragraph, as well as the message the opening, acquisition and entry into private business, cf. § 18.
Whoever shall provide specialist health and dental services to people with developmental disabilities shall in the cases mentioned in subsection submit a police showing whether the person is charged or indicted, have accepted or been convicted of violations of the penal code in 1902 §§ 192, 193, 194 , 195, 196, 197, 199, 200 subsection 201 subsection c, 203 or 204a and the center of Code 2005 §§ 291, 293, 294, 295, 296, 299, 301, 302, 303, 304, 305, 309, 310, 311, 312 and 314. the violation must be recorded in accordance with law register Act § 41 no. 1.
Pursuant to the first and second paragraphs do not the one who only occasionally perform such services and who generally do not want to be alone with children or people with developmental disabilities.
Police referred to in subsections shall not be older than three months.
Whoever has accepted or are judged penal code 1902 §§ 192, 193, 194, 195, 196, 197, 199, 200 subsection 201 subsection c, 203 or 204a or criminal law 2005 §§ 291, 293, 294, 295, 296, 299, 301, 302, 303, 304, 305, 309, 310, 311, 312 and 314, is excluded from providing health care for children or people with disabilities.
The health services by health and care law shall submit a police mentioned in the health and care § 5-4.
0 Added by Act of 22 Dec 2006 no. 100 (ikr. April 1, 2007 acc. Res. 22 Dec 2006 no. 1527 ), amended by Laws 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No. . 1252 ), 21 June 2013 No.. 82 (ikr. 1 January 2014 meter. Res. 27 September 2013 no. 1132 as amended by res. 13 Dec 2013 no. 1449 ), 11 Dec 2015 no. 98 (ikr. on January 1 2016 acc. Res. 11 Dec 2015 no. 1438 ), 17 June 2016 No.. 49(ikr. 1 January 2017 meter. Res. 9 Dec 2016 no. 1460 ).
Chapter 5. Confidentiality and Disclosure Policy
§ 21. General rules on confidentiality
Healthcare professionals should prevent others from gaining access to or knowledge of information about people's health or medical condition or other personal circumstances which they learn about in their capacity as health professionals.
§ 21a. Prohibition of misappropriation of confidential information
It is forbidden to read, search, or otherwise acquire, use or possess information as referred to in § 21 without it being justified by the medical care of the patient, the administration of such assistance or special law or regulation.
0 Added by Law 9 May 2008 No.. 34 (ikr. May 9, 2008 acc. Res. May 9, 2008 No.. 442 ).
§ 22. Consent to provide information
Confidentiality according to § 21 is not to prevent information from being made known to the information directly relates to, or for others to the extent that is entitled to confidentiality agree. An insurance company may still not have access to or knowledge of information that the information directly relates may be denied access pursuant patient and user Rights Act § 5-1, second paragraph.
For people under 16, the provisions of patient and user Rights Act §§ 4-4 and 3-4, second paragraph correspondingly to consent under subsection.
For people over 16 years who are not able to consider the issue of consent for the reasons mentioned in patient and user Rights Act § 3-3 second paragraph, the next of kin give consent under subsection.
0 Amended by laws 27 June 2008 No.. 65 (ikr. January 1, 2009 acc. Res. 27 June 2008 No.. 750 ), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ) . Amended by Act June 16, 2017 no. 53 (ikr. From the King decides).
§ 23. Restrictions on confidentiality
Confidentiality according to § 21 is not intended to prevent:
- information being provided to the which already are familiar with the information,
- that information is given when no legitimate interest in secrecy,
- that information is transmitted when the need for protection is deemed safeguarded if identifying characteristics have been omitted,
- that information is passed on when weighty private or public interests makes it legitimate to pass on the information,
- that information can be given when healthcare professionals through their profession, have reason to believe that animals are being subjected to such abuse or serious neglect regarding the environment, supervision and care that it considered lawful to provide information to the FSA or the police or
- that the information be disclosed in accordance with rules prescribed by law or pursuant to the law when it is expressly stated or clearly provided that confidentiality should not apply.
§ 24. Information after a person's death
Confidentiality according to § 21 is not to prevent information about a deceased person passed on if weighty reasons for doing this. In assessing whether the information should be provided, consideration shall be given to the deceased's presumed will, its nature and the relatives and the community's interests.
Next of kin have the right to access to medical records after a person's death, unless special reasons to the contrary.
§ 25. Information to co-operating personnel
Unless the patient objects thereto, confidential information may be given to co-operating personnel when this is necessary in order to provide proper health care.
Confidentiality according to § 21 is not to preclude personnel who assist with electronic processing of information, or assisting with service and maintenance of equipment, gains access to information when such assistance is required to meet statutory requirements for documentation.
Unless the patient objects thereto, confidential information may be given to co-operating personnel when this is necessary to safeguard the needs of the patient's children, ref. The Health § 10 a.
Personnel mentioned in the first, second and third paragraphs have the same confidentiality healthcare.
0 Amended by laws June 19, 2009 no. 68 , June 19, 2009 no. 70 (ikr. 1 January 2010 meter. Res. 11 Dec 2009 NO. 1501 ), 20 June 2014 No.. 43(ikr. 1 January 2015 meter. Res. 19 Dec 2014 No.. 1732 ). Amended by Act June 16, 2017 no. 53 (ikr. From the King decides).
§ 26. Information to the organization's management and administrative systems
The health care provider can provide information to business management when necessary to provide health care, or for internal controls and quality assurance of the service. This information should as far as possible, be provided without identifying characteristics.
By cooperation on treatment-oriented health records for patient Act § 9, such information also be given to the management of collaborative business.
The health care provider shall, notwithstanding the confidentiality of § 21 give the patient administration of the patient's social security number and information about diagnosis, any help needed, the services provided, admittance and release as well as relevant administrative data.
Confidentiality rules apply correspondingly to personnel in patient management.
0 Amended by Law 20 June 2014 No.. 43 (ikr. January 1, 2015 acc. Res. 19 Dec 2014 No.. 1732 ).
§ 27. Information to expert
Confidentiality under § 21 is not to preclude the health personnel acting as an expert provides information to the client, if the information is received during execution of the assignment and significance of this.
Whoever acting as an expert must make the patient aware of the mission and what this entails.
§ 28. Information to employer
The Ministry may issue regulations on the freedom to provide information on an employee's health conditions to his employer to the extent that information relates to the employee's suitability for a particular job or assignment.
§ 29. Information to research etc.
The Ministry may decide that the information may or must be for use in research, and that it can be done irrespective of confidentiality under § 21. To such a decision may be subject to conditions. The rules on confidentiality pursuant to this Act shall apply correspondingly to the person who receives the information.
The Ministry may delegate authority under the first paragraph to the regional committee for medical and health research.
The Ministry may issue further provisions regarding the use of confidential information in research.
The Ministry may issue regulations regulating health professionals' right to disclosure and use of confidential information for purposes other than health care, when the patient has given consent. It applies purposes such as insurance, credit institutions, etc.
0 Amended by Law 19 June 2009 No.. 73 (ikr. July 1, 2009 acc. Res. 26 June 2009 No.. 866 ).
§ 29 a. Information on special sanction convicted foreigners
Professional secrecy is not an obstacle to the granting of the necessary information about the sanction sentenced foreigners to the immigration authorities for use in a deportation hearing.
Upon expulsion of an alien who endures one criminal sanction, the statutory duty of confidentiality does not preclude that the health and care services in the State disclosure of information which is necessary for the receiving State to assess their need for health monitoring or need to be subjected to a treatment that can protect society where the recurrence risk as mentioned in Penal Code § 62.
0 Added by law April 24, 2015 no. 22 (ikr. May 1, 2015 meter. Res. 24 April 2015 NO. 405 ), modified by law June 19, 2015 no. 65 (ikr. October 1, 2015).
§ 29 b. Information for health analysis, quality assurance, administration, etc.
Ministry may determine that health data can or should be given to the use of health analyzes and quality assurance, administration, planning or management of health and care services, and that it should be done without regard to confidentiality. This can only happen if the data processing is of significant interest to society and to the patient's integrity and welfare is safeguarded. The degree of personal identification should be no larger than necessary for that purpose. Only in exceptional circumstances may be granted permission to use direct personally identifiable information such as your name or personal identity. Confidentiality rules apply correspondingly to the recipient of the data.
The Ministry may impose conditions on the use of information pursuant to this section.
0 Added by Law 9 April 2010 No.. 14 , as amended by the laws of 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ),20 June 2014 No.. 43 (ikr. 1 January 2015 in accordance . res. 19 Dec 2014 No.. 1732 ).
§ 29 c. Information for use in learning and quality assurance
Unless the patient objects thereto, confidential information may by special request be granted to other health care professionals who previously has provided health care to the patient in a specific course of treatment, quality assurance of health care or their own learning. The processing of the request can be automated. Health care can only be provided with the information necessary and relevant for the purpose. In the patient's file shall be documented whom information has been disclosed to and what information has been disclosed, cf. § 40.
0 Added by Law 14 June 2013 No.. 39 (ikr. July 1, 2013 acc. Res. 14 June 2013 No.. 641 ), as amended by Law 20 June 2014 No.. 43 (ikr. January 1, 2015 acc. Res. 19 Dec 2014 No. . 1732 ).
Chapter 6. information etc.
§ 30. Information to the State Board of Health and the County
Healthcare professionals should give the State Board of Health and the County access to business premises and provide all the information deemed necessary for the exercise of supervision of health professionals' activities. Health personnel shall, notwithstanding the confidentiality release the documents, sound and video recordings and the like required by the National Board of Health and the County.
0 Amended by laws 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 )
§ 30 a. Information to the Government commission for health and care services
0 Added by Law 16 June 2017 No.. 56 (ikr. From the King decides).
§ 31. Information to emergency services
Healthcare professionals should notify police and fire if this is necessary to avert serious damage to person or property.
§ 32. Information to the municipal health and care services
The health care provider shall in his work pay attention to matters which should lead to action by the municipal health and care services, and acting on its own initiative provide the municipal health and care services with information on such matters after obtaining the consent of the patient, or as far as information can be provided notwithstanding the confidentiality in accordance with § 21.
Notwithstanding the duty of confidentiality in accordance with § 21, the health personnel shall provide information to the municipal health and care services, when there is reason to believe that a pregnant woman is abusing drugs in such a way that it is highly likely that the child will be born with damage, cf. health and care Act § 10-3. Upon order from the agencies responsible for the implementation of the municipal health and care law, health personnel provide such information.
Health institutions shall designate one person to be responsible for the release of such information.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 33. Information to the Child Welfare ServiceThe health care provider shall in his work pay attention to conditions that could lead to measures taken by child welfare service.
Notwithstanding the duty of confidentiality in accordance with § 21, the health personnel shall provide information to the child welfare service when there is reason to believe that a child is being mistreated at home or there are other forms of serious neglect, cf. Child Welfare Act § 4-10, § 11.4 and § 12.4. The same applies when a child has shown persistent and severe behavioral problems, cf.. Said Act § 4-24.
Upon order from the agencies responsible for the implementation of the Child Welfare Act, health personnel provide such information.
Health institutions shall designate one person to be responsible for the release of such information.
§ 34. Information associated with a driver's license and certificate
Physician, psychologist or optician who find that a patient with a driving license for motor vehicles or certificate for aircraft does not meet the health requirements, will encourage the patient to hand in his license. If the patient's state of health is not expected to be short-lived, health personnel as mentioned notify authorities after detailed rules laid down by the Ministry in regulations.
The Ministry may issue further regulations to implement and supplement the first paragraph, and can provide the rules in the first paragraph shall apply mutatis mutandis in relation to patients who serve outside the aircraft, if the service has significance for aviation safety.
Chapter 7. Notification requirements
§ 35. Notification of births
Your doctor or midwife should notify the birth to the National Population Register. The notification shall state who is the father of the child under the provisions of the Children Act §§ 3 and 4, or whom the mother told the father of the child in cases where paternity has not been established. The Ministry may issue regulations providing that such messages shall also contain other information.
If paternity has not been established or the parents do not live together, the birth message is sent to both the National Population Register and the maintenance.
It should be given birth message even if the child is stillborn.
Your doctor or midwife must report the birth or abortion after the twelfth week of the Medical Birth Registry in accordance with regulations issued pursuant to the Health Register Act.
0 Amended by Laws May 18, 2001 No.. 24 (ikr. January 1, 2002 acc. Res. 18 May 2001 no. 502 ), June 29, 2007 no. 61 (ikr. January 1 2008 acc.Res. 7 Dec 2007 no. 1370 ) .
§ 36. Notice of death
Physicians should provide certificates of deaths that they are familiar with in their business. The Ministry issues regulations concerning declarations.
Doctors who have provided medical certification of death or who have provided health care to a person before his death shall provide municipal medical necessary information on the cause of death. Municipal physician should provide information to the Cause of Death Register.
Is there reason to believe that death is unnatural, the physician should inform the police in accordance with regulations issued by the Ministry.
Is investigation initiated to determine whether the death was caused by criminal offense, the physician should provide the court with information relevant to the case, if the court requests it.
§ 37. Notification to health records etc.
The King may order health authorization or license to provide information to health records in accordance with regulations issued pursuant to the Health Register Act.
0 Amended by Law 18 May 2001 No.. 24 (ikr. January 1, 2002 acc. Res. 18 May 2001 no. 502 ).
§ 38. (Repealed by Act 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762).)
§ 38 a. Notification requirements for individual plans and coordinator
Health professionals must immediately notify patients and clients need for individual plans and Coordinator, ref. Patient and user Rights Act § 2-5, health and care law §§ 7.1 and 7.2, as well as the Specialized Health Services Act § 2-5 a. healthcare professionals provide specialist, must notify the coordinating unit for qualification and rehabilitation activities in the specialist. Other health care professionals should notify the coordinating unit for habilitation and rehabilitation activities in the municipality.
0 Added by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
Chapter 8. Documentation duty
§ 39. Duty to keep records
The health care provider shall enter or record information as mentioned in § 40 in a record for the individual patient. The obligation to keep records does not apply to cooperative personnel providing care for instructions or guidance from other health professionals.
In health institutions shall appoint a person who shall have the overall responsibility for the individual patient record including to decide what information should be in the patient record.
The Ministry may by regulations require health personnel as mentioned in the first paragraph to keep a separate record that the patient himself (own records).
§ 40. Requirements for the contents of patient records etc.
The records shall be kept in accordance with good professional conduct and shall contain relevant and necessary information about the patient and the health care, as well as the information necessary to fulfill the notification or disclosure prescribed by law or pursuant to law. The record shall be easy to understand for other qualified health care professional.
It must be clear who has entered the information in the register.
The Ministry may issue further regulations on the contents of patient records and responsibility for the records under this provision, including the storage, transfer, termination and destruction of records.
0 Amended by Act 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ).
§ 41. Obligation to give patients access to medical records
The health care provider shall provide access to the register of the person entitled to it under the rules of patient and user Rights Act § 5-1.
In health care the person who has overall responsibility for the journal according to § 39, ensure that access is granted pursuant to subsection.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 42. Correcting journal
Health care as referred to in § 39 shall at the request of the data subject, or on its own initiative, correct erroneous, incomplete or improper information or comments in a journal. Correction shall be the patient records, or by adding a dated correction in the records. Rectification shall take place by deleting information or comments.
If the claim for rectification be rejected, the claim for rectification and grounds for refusal shall be entered in the register.
Refusal of a request for rectification can be appealed to the county governor who determines whether corrections can be made.
The Ministry may issue further provisions regarding rectification under this provision.
0 Amended by laws 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ) , June 17, 2016 no. 47 (ikr. July 1 2016 meter. Res. 17 June 2016 No.. 730 ).
§ 43. Deleting journal entries
As required by the journal information concerns, or on its own initiative, health personnel as mentioned in § 39 delete information or comments in the register, if this is unobjectionable public interest, does not conflict with the provisions of or pursuant to the Archives Act §§ 9 or 18 and:
- the information is incorrect or misleading and disadvantageous for the most valid or
- information clearly is not necessary to give the patient medical care.If the requirements for deletion is refused, the demand for deletion and grounds for refusal shall be entered in the register.
The Ministry may issue further regulations on cancellation under this provision.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ) , June 24, 2011 no. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 22 June 2012 No.. 46 , June 17, 2016 no. 47 (ikr. July 1, 2016 acc. res. on June 17 2016 No.. 730 ).
§ 44 records on the wrong person
As required by the data subject, or on its own initiative, health personnel as mentioned in § 39 deleting records, or information or comments in a journal, which is recorded on the wrong person, unless the public interest dictates that deletion should not be undertaken. The rules in § 43 second to fourth paragraphs apply correspondingly.
§ 45. Disclosure of and access to records and information
Unless the patient objects to be healthcare providers provide or providing health care to the patient after this law given necessary and relevant health information to the extent necessary to provide health care to the patient properly. It should be stated in the record that other health professionals are given health information.
Health information as mentioned in the first paragraph may be provided by the data controller or the healthcare professional that has documented information, cf. § 39.
The Ministry may issue further provisions to supplement the first paragraph, and may include that other health personnel may be granted access to the records, also in cases falling outside the first paragraph.
0 Amended by laws June 19, 2009 no. 68 , June 20, 2014 no. 43 (ikr. 1 January 2015 meter. Res. 19 Dec 2014 no. 1732 ).
§ 45 a. Epicrisis
Patients should be given the opportunity to disclose the discharge report should be sent. Unless the patient objects thereto, shall upon discharge from the healthcare facility forwarded discharge report to the admitting or referring health professionals, for professionals who need the information in order to provide the patient with adequate follow-up, and to the patient's regular doctor. It must also be sent epicrisis by outpatient treatment or treatment by a specialist.
If it is not possible to send discharge reports at the time of discharge, the discharge report regardless sent within the proper time after the health care is completed.
With epicrisis means summary of available records information relating to the examination or treatment of a patient who is necessary for further processing or monitoring of the patient in the healthcare service can take place in a proper manner. The Ministry may issue further provisions regarding the obligation under the first and second paragraphs, including who discharge summaries to be sent, the information discharge summary should contain, and when discharge summary should be sent.
0 Added by Law 14 June 2013 No.. 39 (ikr. July 1, 2013 acc. Res. 14 June 2013 No.. 641 ).
§ 46. (Repealed by Act 19 June 2015 No.. 60.)
§ 47. Records and records as evidence
In legal or administrative cases of health personnel's professional practice, the records, patient records and material required submitted as evidence in the original or certified photocopy or printing.
Chapter 9. Conditions for authorization, license and specialist training
§ 48. Authorization
The authorization scheme under this Act the following groups of health professionals:
- a) Ambulance worker
- b) pharmacy technician
- c) audio graf
- d) bioengineer
- e) Occupational Therapist
- f) health worker
- g) chiropodist
- h) physiotherapist
- i) medical secretary
- j) nurse
- k) midwife
- l) chiropractor
- m) clinical Nutrition physiologist
- n) law
- O) carer
- p) optician
- q) ortopediingeniør
- r) orthoptists
- s) perfusjonist
- t) psychologist
- in) radiography
- v) nurse
- w) dental Assistant
- x) dentist
- Y) hygienist
- Z) dental technician
- æ) social educator
- ø) proviser pharmacist
- å) prescribing pharmacist
The Ministry may issue regulations that health groups not covered by the first paragraph may be granted authorization after application. The decision shall be given to the interests of patient safety, content and purpose of education, the extent to which the profession is exercised independently and interests of harmonization with other countries.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 22 Dec 2006 no. 100 (ikr. April 1, 2007 acc.Res. 22 Dec 2006 no. 1527 ) , June 27, 2008 no. 64 , November 14, 2008 No.. 80 , June 19, 2015 no. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ). Should have been amended by Law 19 June 2015 No.. 61 , as amended subsection c, this clause was repealed by Law 19 June 2015 No.. 59 .
§ 48 a. Conditions for authorization following § 48
Right to authorization following an application whoever
- a) has passed the examination in the relevant subject at a Norwegian university, college or secondary education,
- b) has passed a foreign examination which is recognized by an agreement on mutual recognition in accordance with § 52,
- c) Having completed training and passed a foreign examination recognized as equivalent to the corresponding Norwegian education and examination, or
- d) has demonstrated to have the necessary skills by passing the exam in health education and additional education or work experience.
The applicant must also
- a)be under 80 years old,
- b)not be unsuitable for the profession, and
- c)have completed practical training or meet additional requirements if this is stipulated in the regulations under subsection.
0 Added by Law 19 June 2015 No.. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
§ 49. License
Healthcare professionals who are not entitled to authorization in accordance with § 48 a, may be granted a license application. License may be granted only to healthcare professionals who are qualified on the basis of the license type and scope.
A license may also be granted to healthcare professionals with foreign exam that is recognized by an agreement on mutual recognition in accordance with § 52.
The license may be limited in time, to a certain position, to certain types of health care or otherwise.
The Ministry may issue further regulations on the conditions for obtaining a license and the conditions that may be linked to it, including that the requirements will apply to those who already have a license by the Regulation came into force.
0 Amended by Law 19 June 2015 No.. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
§ 50. Limit License
Public employee and authorized healthcare professionals in Sweden and Finland in the work along the border to Norway, may carry on business in adjacent Norwegian municipalities without Norwegian authorization or license pursuant to §§ 48 and 49.
§ 51. Specialist training
The Ministry may issue regulations concerning specialist training for authorized medical staff and the approval of specialists. This could include provisions regarding
- a)education content and length
- b)educational institutions, including the approval of educational institutions
- c)organization of training positions
- d)that conditions shall apply to those who already have specialist training by Regulation came into force.
§ 52. International agreements
On the basis of the rules of international law which Norway is bound, authorization, license, specialist training and the right to practice profession that healthcare providers temporarily in Norway without Norwegian authorization, license or specialist certification, given to Norwegian or foreign citizen.
The ministry may in regulations stipulate further provisions to supplement the first paragraph, including provisions relating to special conditions for approval are required to comply with international agreements.
0 Amended by Act May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ).
Chapter 10. Assignment and expiration of authorization, license and specialist training
§ 53. Grant of authorization, license and specialist training
Health Directorate or whoever is authorized providing authorizations, licenses and specialist certification against stipulated remuneration. Health Directorate or whoever is authorized also entitled to exercise the profession that health professionals temporarily in Norway without Norwegian authorization, license or specialist approval, cf. § 52 first paragraph. The Ministry may by regulations require the individual educational institutions and other educational responsibility to provide authorization for programs that do not require practical training, ref. § 48 a second paragraph letter c and 48 a third paragraph.
Health Directorate or whoever is authorized to refuse an applicant authorization, license, specialist training or the right to practice profession that healthcare providers temporarily in Norway without Norwegian authorization, license or specialist approval, if there are circumstances that would have given grounds for revocation under § 57.
Decisions pursuant to the first and second paragraphs are individual decisions under the Public Administration.
If there is reason to believe that grounds for revocation exist, the Health Directorate or whoever is authorized by order health to undergo examinations as referred to in § 60.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 21 Dec 2001 no. 119 (ikr. January 1, 2002 acc.Res. 21 Dec 2001 no. 1524 ) , June 28, 2002 no. 62 (ikr. July 1 2002 meter. Res. 28 June 2002 No.. 638 ), May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ), 19 June 2009 No.. 110 (ikr. October 1, 2011 acc. Res. 16 September 2011 No.. 950 ), 19 June 2015 No.. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
§ 54 Lapse of authorization, license and specialist training
Authorization, license or specialist training expire when the holder turns 80 years. Occupation title can still be used.
People over 80 years old can still be granted a license and specialist training under certain conditions, cf. § 49 fourth paragraph and § 51.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 19 June 2015 No.. 61 (ikr. July 1, 2015 acc.Res. 19 June 2015 No.. 680 ).
Chapter 11. Reactions etc. in violation of legal provisions
0 Heading amended by Act 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ).
§ 55. (Repealed by Act 7 June 2013 no. 29.)
§ 56. Warning
The board can issue a warning to health care professionals who willfully or negligently violates obligations under this Act or regulations issued pursuant to it, if the breach of duty is likely to endanger the safety of health and care services, to inflict patients or users a significant load or to significantly weaken confidence in the health care provider or health care service.
The board can issue a warning to health care professionals who have demonstrated a behavior that is likely to substantially undermine confidence in the profession.
Warning are individual decisions under the Public Administration.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), May 9, 2008 No.. 34 (ikr. November 1, 2008 acc. Res. 24 October 2008 No.. 1143 ) , June 24, 2011 no. 30 (ikr. January 1 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 57. Revocation of authorization, license or specialist certification
The board can revoke authorization, license or specialist training if the holder is unsuitable to practice his profession because of severe mental illness, mental or physical impairment, long absence from the profession, use of alcohol, drugs or agents having a similar effect, gross lack of professional insight, irresponsible conduct, gross breach of duty under this Act or regulations issued pursuant to it, or because of behavior deemed incompatible with professional conduct.
Authorization, license or specialist approval may be revoked if the holder, despite warnings fail to comply with statutory requirements.
Authorization, license or specialist approval may be revoked if the conditions stipulated in the regulations in accordance with §§ 48 a, 49 or 51 are not met.
Authorization, license or specialist approval granted on the basis of the corresponding approval in another country, may be withdrawn if the authorization of this country loses its validity.
The recall is an individual decision by the Public Administration.
0 Amended by Law 19 June 2015 No.. 59 (ikr. July 1, 2015 acc. Res. 19 June 2015 No.. 678 ).
§ 58. Suspension of authorizations, licenses and specialist certification
If there is reason to believe that the conditions for revocation are present, and health personnel is considered to be a danger to the security of health and care services, the Norwegian Board of Health may suspend authorization, license or specialist approval until there is a final decision in the case. The suspension can be applied for six months and may be extended once for an additional six months.
Suspension is an individual decision by the Public Administration.
0 Amended by Law 22 June 2012 No.. 46 .
§ 59. Limitation of Authorization
The board can restrict the authorization applies to the performance of certain activities under certain conditions.
Such restriction may be imposed in cases where health professionals, despite the fact that the conditions for withdrawal are met, deemed fit to carry on business on a limited field under the supervision and guidance.
Norwegian Board of Health may, upon application abolish restrictions under the first paragraph if the healthcare provider proves that there are no longer grounds for such limitations or that the conditions that were set are met.
Decisions on limitation of authorization and refusal of the application for revocation of the Statutory limitations are individual decisions under the Public Administration.
0 Amended by Act May 9, 2008 No.. 34 (ikr. November 1, 2008 acc. Res. 24 October 2008 No.. 1143 ).
§ 59 a. Limitation of authorization without conditions for revocation are satisfied
Even if the conditions for revocation pursuant to § 57 are not met, the Norwegian Board restrict the authorization applies to the performance of certain activities under certain conditions if the warning according to § 56 does not appear sufficient to ensure the Act's objectives. Upon assessment particular emphasis on whether there is reason to believe that the health of the reasons mentioned in § 57 may be unfit to practice his profession if authorization is not restricted.
Norwegian Board of Health may, upon application abolish restrictions under the first paragraph if the healthcare provider proves that there are no longer grounds for such limitations or that the conditions that were set are met.
Decisions on limitation of authorization and refusal of the application for revocation of the Statutory limitations are individual decisions under the Public Administration.
0 Added by Law 9 May 2008 No.. 34 (ikr. November 1, 2008 acc. Res. 24 October 2008 No.. 1143 ).
§ 60. Imposition of expert examination
In cases where revocation of authorization, license or specialist training to be evaluated, the Norwegian Board of Health may order health personnel to undergo a medical or psychological examination by experts.
Norwegian Board of Health may suspend authorization, license or specialist approval as long as order under the first paragraph is not complied.
§ 61. Voluntary renouncement of authorization, license or specialist certification
Health personnel may themselves renounce the authorization, license or specialist approval by written declaration to the county. Authorization, license or specialist training document should if possible be handed simultaneously.
0 Amended by laws 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ), 22 June 2012 No.. 46 .
§ 62. The new authorization or license
Norwegian Board of Health can provide health care professionals who have lost their authorization, license or specialist approval by the recall or voluntary waiver, new authorization, license or specialist approval if he proves that he / she is fit. New authorization may be limited in accordance with § 59.
Rejection of an application for a new authorization, license or specialist training are individual decisions under the Public Administration.
0 Amended by Law 16 June 2017 No.. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
§ 62 a. Imposition of filing of medical records
Norwegian Board of Health may by revocation and suspension of authorization, license or specialist certification order health to submit his medical records to the County Governor or the Norwegian Health.
The Ministry may issue further regulations concerning the conditions to issue orders to the filing, access to and use of the archives and the archives' repository status in the Norwegian Health.
0 Added by Law 22 June 2012 No.. 47 (ikr. June 22, 2012 acc. Res. 22 June 2012 No.. 578 ).
§ 63. Loss of right to prescribe medicines in groups A and B
If doctors or dentists requisition of medicine in groups A and B be regarded as unacceptable, the Norwegian Board of completely or partially revoke the right to require such drugs for a certain time or permanently. The same applies to other health care professionals in the regulations issued pursuant to § 11 is granted a limited right to prescribe drugs.
The right to prescribe drugs in group A and B provided on the basis of the corresponding approval in another country, may be revoked by the State Board of Health if the approval of the other country loses its validity.
Health personnel may themselves renounce the right to prescribe drugs as mentioned in the first paragraph by written declaration to the county. A waiver is binding in the period when it is given.
If the conditions for revocation are still met by the deadline in the first paragraph, the Norwegian Board of Health may make another decision pursuant to the first paragraph.
When doctors or dentists do not even have the right to prescribe drugs in group A and B, the municipal chief consultant or county dentist prescribe drugs that are necessary in their activities. These can also accept that another healthcare provider performs requisition.
Decision on revocation of the right to requisition are individual decisions under the Public Administration.
0 Amended by laws 29 August 2003 No.. 87 (ikr. September 1, 2003 acc. Res. 29 August 2003 No.. 1092 ), 22 Dec 2006 no. 100 (ikr. January 1, 2007 acc. Res. 22 Dec 2006 no. 1527 ) , June 22, 2012 no. 46 .
§ 64. Suspension of requisition
If there is reason to believe that the conditions for calling back requisition rights are fulfilled and health personnel is considered to be a danger to the security of health and care services, the Norwegian Board of Health may suspend the right to require medicinal products as referred to in § 63 until the matter is settled, but not beyond six months. If health personnel delay the matter, the suspension may be extended once for an additional six months.
A decision to suspend requisition are individual Administration.
0 Amended by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ).
§ 65. Shortening the period of loss of requisition rights
If there is proper, the Norwegian Board application provide a healthcare back court to prescribe medicines in Groups A and B before the expiration of the time limit is determined.
Rejection of application is an individual under the Public Administration.
§ 65 a. Reactions to temporary professionals
The board can impose the following responses to healthcare professionals who practice the profession temporarily in Norway without Norwegian authorization, license or specialist approval, cf. § 52 first paragraph:
- a)warning
- b)revocation of the right to exercise the profession temporarily
- c)suspension of the right to exercise the profession temporarily
- d)restriction of the right to exercise the profession temporarily
- e)total or partial revocation of the right to prescribe medicines in groups A and B.
- f)suspension of the right to prescribe medicines in groups A and B.
0 Added by Law 9 May 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ).
§ 66. Information to the employer and to other countries
The Board shall notify the employer of warnings, revocation, voluntary waiver or suspension of authorizations, licenses, specialist training or requisition rights or limitation of authorization. The employer also means the public authority that has operating agreements with health care professionals.
If health professionals engaged in independent practice with operating agreements, should the State Board of Health entitle public authorities advance notice when there is justified suspicion that the terms of that resolution has been passed, and the decision will have an impact on the ability to meet the operating agreement.
Upon revocation, voluntary waiver or suspension of authorizations, licenses, specialist training or requisition rights or limitation of authorization must Norwegian Board of Health shall notify the countries Norway is obligated under international law to inform.
§ 67. Penalty
Any person who willfully or through gross negligence contravenes provisions of the Act or pursuant to it, shall be punished by a fine or imprisonment not exceeding three months.
Public prosecution takes place if the public interest requires it or at the request of the State Board of Health.
0 Amended by Law 19 June 2015 No.. 65 (ikr. October 1, 2015). Amended by Act June 16, 2017 no. 53 (ikr. From the King decides).
§ 67 a. Prohibition of the use of messages by Special Health Services Act § 3-3 as a basis to establish a case against healthcare providers pursuant to Section 11Message to the Health Directorate for Specialized Health Services Act § 3-3 can not in itself form the basis for initiating action or make decisions on reaction pursuant to section 11 of this Act. The same applies to petition for prosecution under § 67, second paragraph.
0 Added by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), amended by Law 18 Dec 2015 No.. 121 (ikr. January 1, 2016).
Chapter 12. State Board for Health Personnel and Pharmacy Appeals Board
0 Heading amended by Laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 20 June 2003 No.. 45 (ikr. July 1, 2003 acc. Res. 20 June 2003 No.. 712 ).
§ 68. State Board for Health Personnel and Pharmacy Appeals Board
The establishment of a state healthcare board (HPN). In cases under the Pharmacy Act, the Board shall call himself Pharmacy Appeals Board (AKN).
Norwegian Appeals Board is the appeals body for decisions in accordance with §§ 53, 56-59 A and 62-65 a. Pharmacy Appeals Board is the appeal body for decisions made pursuant to the Pharmacy Act § 9-1 first paragraph.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 20 June 2003 No.. 45 (ikr. July 1, 2003 acc.Res. 20 June 2003 No.. 712 ) , 9 May 2008 no. 33 (ikr. 1 November 2008 meter. Res. 17 October 2008 no. 1125 ), 9 May 2008 no. 34 (ikr. 1 November 2008 meter. Res. 24 October 2008 no. 1143 ).
§ 69. Organization of the State Board for Health Personnel
Norwegian Appeals Tribunal shall be an independent body with high health care and legal counsel appointed by the Ministry for three years at a time.
State healthcare board comprising three lawyers, one of which is the head of the board, and three individuals with healthcare professionals and a lay representative.
Norwegian Appeals Board may appoint two experts to assist in the individual case.
The Ministry may issue further regulations on the organization of the State Board for Health Personnel.
§ 70. State Health Personnel business
The Ministry may issue further regulations on proceedings in the Norwegian Appeals Board.
§ 71. Judicial
Decisions by the Norwegian Appeals Board in accordance with §§ 53, 56-59 A and 62-65 A can be brought before the courts, which may review all aspects of the case.
Actions under the first paragraph must be brought within six months from the date the decision of the Norwegian Appeals Tribunal has reached the one who has complained to the Tribunal. Legal action may however invariably raised when it has been six months from the complaint was first put forward, and it is not due to the negligence of the appellant's side that the Tribunal's decision has not been.
The court may by order decide that decision under the provisions of subsection shall not have effect until it's taken a final decision in the case or before final judgment has been passed.
When deadlines after second paragraph has expired without legal proceedings are brought, the decision has the same effect as a legally valid judgment.
This provision does not preclude a decision may be brought before the Parliamentary Ombudsman.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 17 June 2005 No.. 90 (ikr. January 1, 2008 acc. Res. 26 January 2007 No.. 88 ) as amended by law 26 January 2007 No.. 3 , May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ), May 9, 2008 No.. 34 (ikr. November 1, 2008 acc. res . October 24, 2008 No.. 1143 ), 11 Dec 2015 No.. 97 (ikr. September 15, 2016 acc. Res. 17 June 2016 No.. 727 ), 11 Dec 2015 No.. 97 (ikr. November 1, 2016 for new second and fourth joints acc. Res. 17 June 2016 No.. 727). Endres by law 18 des 2015 no. 121 (ikr. From the King determines).
§ 72. (Repealed by Act 21 Dec 2000 no. 127.)
Chapter 13. Miscellaneous Provisions
§ 73. Compensation for loss in suspension and revocation
If the decision on suspension or revocation proves to be invalid or set aside for other reasons, it may require compensation for the hardship suffered by ordinary liability rules.
§ 74. Use of protected title
Only those who have Norwegian authorization, license or specialist approval pursuant to § 53, has the right to use such job titles characteristic of the relevant group of health professionals. This also applies to the one who had authorization, license or specialist approval until the loss due to age, cf. § 54 first paragraph.
Personnel who have the right to practice profession that healthcare providers temporarily in Norway without Norwegian authorization, license or specialist training, you can use the professional title they use in the country where they are established, in such a way that the title is not to be confused with similar Norwegian title. Personnel who have the right to practice profession as a physician, physician specialist, dentist, dental specialist, nurse, midwife or provisorfarmasøyt temporarily in Norway without Norwegian authorization, license or specialist training, you use Norwegian professional designation.
Right to use Norwegian title also has other personnel who have the right to practice profession that healthcare providers temporarily in Norway without Norwegian authorization, license or specialist approval, if the Norwegian authorization authority has checked his or her professional qualifications.
No need to improper use titles or advertise their activities in such a way that it can be given the impression that he or she has authorization, license or specialist certification.
The Ministry may issue further provisions on which titles are protected under this section.
0 Amended by Laws May 9, 2008 No.. 33 (ikr. November 1, 2008 acc. Res. 17 October 2008 No.. 1125 ), 19 June 2015 No.. 61 (ikr. July 1 2015 meter. Res. 19 June 2015 No.. 680 ) , June 16, 2017 no. 53 (ikr. July 1, 2017 acc. Res. 16 June 2017 No.. 762 ).
§ 75. Entry into force
This Act comes into force from the date decided by the King. 1 King may decide that the individual provisions of the Act shall come into force at different times.
1 From 1 January 2001 except § 38 acc. Res. 1 Jan 2000 no. 1199 § 77 (2) no. 2, new § 1-3a of the Act 19 November 1982 no. 66 (Municipal Health Service), was set ikr. April 14, 2000 acc. Res. April 14, 2000 No.. 325.
§ 76. Transitional arrangements
Regulations etc. issued pursuant to the laws repealed or amended when this Act comes into force, apply to the extent they conflict with this Act or regulations issued pursuant thereto.
Whoever the commencement of the Act authorization, official approval as health, license or specialist training, retaining its authorization, approval, license or specialist approval pursuant to this Act.
People between 75 and 80 years who had authorization, license or specialist certification as having lapsed since the age of 75, may notify the Health Directorate or whoever is authorized by the re-acquisition until the age of 80 years. Health Directorate or whoever is authorized shall, without compensation grant such authorization, license or specialist certification. The provisions of § 53 second, third and fourth joints and § 68, second paragraph, first sentence, apply correspondingly.
The Ministry may issue regulations to implement this Act, including transitional provisions.
0 Amended by laws 21 Dec 2000 no. 127 (ikr. January 1, 2001 acc. Res. 21 Dec 2000, no. 1359 ), 19 June 2015 No.. 61 (ikr. July 1, 2015 acc.Res. 19 June 2015 No.. 680 ) .
§ 77. Repeal of and amendments to other Acts
From the time the law comes into force following Acts are repealed:
- - -
At the same time the following amendments to other Acts - - -