Law on State Investigative Commission for Health and Care Services
(Source: https://lovdata.no/dokument/LTI/lov/2017-06-16-56)
Norwegian to English translation via Google Translate, with some editing.
Embedded HTML links direct to lovdata.no, the official Norwegian source..
(Source: https://lovdata.no/dokument/LTI/lov/2017-06-16-56)
Norwegian to English translation via Google Translate, with some editing.
Embedded HTML links direct to lovdata.no, the official Norwegian source..
Law on State Investigative Commission of Health and Care Services
given LOV-2017-06-16-56
Department Health and Care Services
Published
Commencement King decides
Changing LOV 1999-07-02-61 , LOV 1999-07-02-64
Gjelder for
Legal
promulgated 16.06.2017 kl. 16:15
Journal nr 2017-0536
Short title Law on State commission of health and care services
Prop.68 L (2016-2017), Innst.327 L (2016-2017), Legislative decisions 92 (2016-2017). Parliament's first and second course of treatment, respectively. 1 and 6 June 2017. Promoted by the Ministry of Health.
Changes in these laws:
1 Act 2 July 1999. 61 the Specialist Health Care (Special Health Services Act).
2 Act 2 July 1999 no. 64 on Health Care Personnel Act (Health)
§ 1. Purpose
The purpose of the law is to improve patient and user safety in health and care services through investigations of serious incidents and other serious conditions.
§ 2. Scope
The Act applies to health services that are provided in the kingdom.
The Ministry may issue regulations that the law and regulations made under the Act shall wholly or partly apply to Svalbard and Jan Mayen and may lay down special rules taking account of local conditions.
The Ministry may issue regulations that the law and regulations made under the Act shall wholly or partly apply 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
The Act is meant by
§ 4. State commission for health and care services
State commission for health and care services (Commission of Inquiry) is an administrative body under the Ministry. It shall perform their duties independently and autonomously and may not be instructed in academic matters.
Undersøkelseskommisjonen headed up by a Director. The Director is appointed by the King.
The Ministry may issue further regulations on the organization of the Commission of Inquiry.
§ 5. Investigation Commission's tasks
The Commission of Inquiry shall investigate serious incidents and other serious conditions to improve patient and user safety in health and care services. The purpose of this investigation to investigate the course of events, causes and causal relationships to help learning and prevention of serious incidents.
The Commission of Inquiry will not apportion civil or criminal guilt and responsibility.
Investigating committee chooses type serious events or serious conditions to be examined, the timing and extent of the study and how it will be implemented.
The Ministry may issue further provisions on the work of the Commission of Inquiry.
§ 6. Annual reporting
The Commission of Inquiry will report annually to the Ministry of the organization's activities and results.
§ 7. Notification to the Commission of Inquiry on serious incidents
Health organizations and businesses that deal with health or regional health authorities, shall immediately notify the Commission of Inquiry on serious incidents, ref. Specialist Health Service Act § 3-3 a.
Patients, users or next of kin can notify investigation commission actions described in the first paragraph.
When the Commission of Inquiry has received notice after the first or second paragraph, it shall without undue delay determine whether a case should be investigation.
§ 8. Notification and opportunity to comment
When the investigation commission has initiated investigation, as far as possible inform the service providers, patients or users, next of kin or others survey relates. Such notification shall be given as soon as possible and shall state whether the rights under the second paragraph and in accordance with § 16.
Within the study concluded, the persons and service providers mentioned in paragraph one shall be allowed to comment on the serious incident or serious relationship. They also have the right to acquaint themselves with the documents with the limitations imposed by confidentiality in § 12.
§ 9. Measures to obtain information
The Commission of Inquiry may require to examine the place where the serious incident or serious relationship took place and take possession of items, including medical supplies. It shall also be given access to documents and the results of surveys conducted by other agencies in connection with the serious incident or serious relationship, including studies of people who were involved and autopsy of the dead.
The Commission of Inquiry may order health personnel to assist or submit to breath test, blood test and a clinical examination.
Investigation Commission may request information and assistance from other government agencies, as well as utilizing the necessary expert assistance.
Measures of this kind can only be carried out to the extent necessary for the investigation commission can carry out its tasks and the action are in reasonable proportion to the desired result.
The Ministry may issue further provisions on the commission of inquiry measures to obtain information.
§ 10. Explanation Duty
Everyone has, without regard to confidentiality, duty to give evidence for the Commission of Inquiry for information that may be of importance for the study.
Anyone testifying before the Commission of Inquiry, has the right to be assisted under the explanation, unless this significantly delays the case.
§ 11. Evidence
The Commission of Inquiry may require evidence outside a lawsuit pursuant to the Civil Procedure Act §§ 3.28 and 4.28.Claims for evidence submitted to the court in the jurisdiction in which the person to be examined living or staying or the real proof be examined.
§ 12. Confidentiality
Anyone who performs services or work for the Commission of Inquiry, have a duty of confidentiality under the Public Administration about the person becomes aware of during the performance of their work. Public Administration § 13b subsection. 6 does not apply.
When a person mentioned in the first paragraph receive information that is subject to stringent confidentiality than that provided by the Public Administration, correspondingly strict confidentiality apply, unless weighty public considerations dictate that the information should be passed on or information is necessary to explain the cause of the incident.
Persons mentioned in the first paragraph has also confidentiality of all information obtained during the explanation of the Commission of Inquiry in accordance with § 10, unless weighty public considerations dictate that the information should be passed on or information is necessary to explain the cause of the incident.
Confidentiality as mentioned in the second and third paragraphs do not prevent the information disclosed to the extent that is entitled to confidentiality agree, if the information in statistical form or if they are public elsewhere.
§ 13. Freedom
Draft survey report and statements to report pursuant to § 16 may be exempted from public access.
Refusal of requests for access may be appealed pursuant to the provisions of the Freedom of Information Act. Anyone who performs work or services for the appeal body, has a duty of confidentiality in accordance with § 12 of this Act for information they become aware of in connection with the appeal.
§ 14. Information to the appropriate statutory body
The Commission of Inquiry should be within the confines of confidentiality in accordance with § 12 hold relevant government agency informed about serious matters arising in the course of the investigation, and their preliminary assessments of these, to the extent this is considered critical for patient and user safety.
§ 15. Undersøkelsesrapport
When the Commission of Inquiry has investigated a serious incident, it shall prepare a report. The Commission of Inquiry will even take a position on whether it is necessary to draw up the report in other cases. Ends investigations without report, the studies documented in any other appropriate manner.
The report shall give an account of events in the case and contain the examination the Commission's assessment of the causes. The report shall also include the commission of inquiry any recommendations on measures that should be taken or considered attempting to prevent similar incidents in the future.
The report should not contain references to individuals' names and addresses.
Examination Commission shall publish the report when it is finalized.
Ministry may issue further provisions for the cases in which the compilation survey report, how survey reports shall be designed and used, and the time limits for preparing investigation reports.
§ 16. Submission of draft survey report
Before investigating team finalizes the report, should a draft report at the request be submitted to the persons mentioned in § 8, with a reasonable period for that person to give a statement, unless special circumstances indicate that this is not done. The first sentence applies only to those parts of the draft report which the person because of his connection with the case or investigation is particularly well qualified to comment on.
§ 17. Prohibition on the use as evidence in criminal proceedings
Information survey Commission receives pursuant to § 10 can not be used as evidence in a subsequent criminal proceedings against the person who provided the information.
§ 18. Prohibition of sanctions by the employer
An employee who makes an explanation pursuant to § 10 shall not be subject to any sanctions on the part of the employer as a result of this.
The first paragraph does not apply
§ 19. Relations with Health Register Act
Filing Systems Act applies to the extent not otherwise provided by this Act.
§ 20. Ikraftsetting
The Act applies when the King decides. The King may bring the individual provisions of the law in force at different times.
§ 21. Amendments to other Acts
From the time the law comes into force the following amendments to other Acts:
1. In Act 2 July 1999 no. 64 relating to health personnel is amended as follows:
New § 12a shall read:
§ 12 a. Investigation, etc.. by order of the State commission for health and care services
Health professionals must contribute to or submit to breath test, blood test and a clinical examination imposed by the Commission of Inquiry pursuant to the Government commission for health and care services § 9 second paragraph.
New § 30a shall read:
§ 30 a. Information to the Government commission for health and care services
Healthcare professionals should provide the Commission of Inquiry access to business premises and information pursuant to the Government commission for health and care services § 9.
Healthcare professionals should explain himself to the State commission for health and care services pursuant to the Government commission for health and care services § 10.
2. In the Act 2 July 1999. 61 the Specialist Health Care amended as follows:
§ 3-3 a headline should read:
§ 3-3 a. Notification of serious incidents
§ 3-3, first paragraph should read:
Health organizations and businesses that deal with health or regional health authorities, shall immediately notify about serious incidents to the National Board of Health and the State commission for health and care services. With serious incident meant death or serious injury to the patient where the outcome is unexpected from foreseeable risk.
given LOV-2017-06-16-56
Department Health and Care Services
Published
Commencement King decides
Changing LOV 1999-07-02-61 , LOV 1999-07-02-64
Gjelder for
Legal
promulgated 16.06.2017 kl. 16:15
Journal nr 2017-0536
Short title Law on State commission of health and care services
Prop.68 L (2016-2017), Innst.327 L (2016-2017), Legislative decisions 92 (2016-2017). Parliament's first and second course of treatment, respectively. 1 and 6 June 2017. Promoted by the Ministry of Health.
Changes in these laws:
1 Act 2 July 1999. 61 the Specialist Health Care (Special Health Services Act).
2 Act 2 July 1999 no. 64 on Health Care Personnel Act (Health)
§ 1. Purpose
The purpose of the law is to improve patient and user safety in health and care services through investigations of serious incidents and other serious conditions.
§ 2. Scope
The Act applies to health services that are provided in the kingdom.
The Ministry may issue regulations that the law and regulations made under the Act shall wholly or partly apply to Svalbard and Jan Mayen and may lay down special rules taking account of local conditions.
The Ministry may issue regulations that the law and regulations made under the Act shall wholly or partly apply 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
The Act is meant by
- a) serious event: death or significant damage to the patient or user where the outcome is unexpected from foreseeable risk.
- b) serious conditions: circumstances or relationships that are believed to lead to serious incidents.
§ 4. State commission for health and care services
State commission for health and care services (Commission of Inquiry) is an administrative body under the Ministry. It shall perform their duties independently and autonomously and may not be instructed in academic matters.
Undersøkelseskommisjonen headed up by a Director. The Director is appointed by the King.
The Ministry may issue further regulations on the organization of the Commission of Inquiry.
§ 5. Investigation Commission's tasks
The Commission of Inquiry shall investigate serious incidents and other serious conditions to improve patient and user safety in health and care services. The purpose of this investigation to investigate the course of events, causes and causal relationships to help learning and prevention of serious incidents.
The Commission of Inquiry will not apportion civil or criminal guilt and responsibility.
Investigating committee chooses type serious events or serious conditions to be examined, the timing and extent of the study and how it will be implemented.
The Ministry may issue further provisions on the work of the Commission of Inquiry.
§ 6. Annual reporting
The Commission of Inquiry will report annually to the Ministry of the organization's activities and results.
§ 7. Notification to the Commission of Inquiry on serious incidents
Health organizations and businesses that deal with health or regional health authorities, shall immediately notify the Commission of Inquiry on serious incidents, ref. Specialist Health Service Act § 3-3 a.
Patients, users or next of kin can notify investigation commission actions described in the first paragraph.
When the Commission of Inquiry has received notice after the first or second paragraph, it shall without undue delay determine whether a case should be investigation.
§ 8. Notification and opportunity to comment
When the investigation commission has initiated investigation, as far as possible inform the service providers, patients or users, next of kin or others survey relates. Such notification shall be given as soon as possible and shall state whether the rights under the second paragraph and in accordance with § 16.
Within the study concluded, the persons and service providers mentioned in paragraph one shall be allowed to comment on the serious incident or serious relationship. They also have the right to acquaint themselves with the documents with the limitations imposed by confidentiality in § 12.
§ 9. Measures to obtain information
The Commission of Inquiry may require to examine the place where the serious incident or serious relationship took place and take possession of items, including medical supplies. It shall also be given access to documents and the results of surveys conducted by other agencies in connection with the serious incident or serious relationship, including studies of people who were involved and autopsy of the dead.
The Commission of Inquiry may order health personnel to assist or submit to breath test, blood test and a clinical examination.
Investigation Commission may request information and assistance from other government agencies, as well as utilizing the necessary expert assistance.
Measures of this kind can only be carried out to the extent necessary for the investigation commission can carry out its tasks and the action are in reasonable proportion to the desired result.
The Ministry may issue further provisions on the commission of inquiry measures to obtain information.
§ 10. Explanation Duty
Everyone has, without regard to confidentiality, duty to give evidence for the Commission of Inquiry for information that may be of importance for the study.
Anyone testifying before the Commission of Inquiry, has the right to be assisted under the explanation, unless this significantly delays the case.
§ 11. Evidence
The Commission of Inquiry may require evidence outside a lawsuit pursuant to the Civil Procedure Act §§ 3.28 and 4.28.Claims for evidence submitted to the court in the jurisdiction in which the person to be examined living or staying or the real proof be examined.
§ 12. Confidentiality
Anyone who performs services or work for the Commission of Inquiry, have a duty of confidentiality under the Public Administration about the person becomes aware of during the performance of their work. Public Administration § 13b subsection. 6 does not apply.
When a person mentioned in the first paragraph receive information that is subject to stringent confidentiality than that provided by the Public Administration, correspondingly strict confidentiality apply, unless weighty public considerations dictate that the information should be passed on or information is necessary to explain the cause of the incident.
Persons mentioned in the first paragraph has also confidentiality of all information obtained during the explanation of the Commission of Inquiry in accordance with § 10, unless weighty public considerations dictate that the information should be passed on or information is necessary to explain the cause of the incident.
Confidentiality as mentioned in the second and third paragraphs do not prevent the information disclosed to the extent that is entitled to confidentiality agree, if the information in statistical form or if they are public elsewhere.
§ 13. Freedom
Draft survey report and statements to report pursuant to § 16 may be exempted from public access.
Refusal of requests for access may be appealed pursuant to the provisions of the Freedom of Information Act. Anyone who performs work or services for the appeal body, has a duty of confidentiality in accordance with § 12 of this Act for information they become aware of in connection with the appeal.
§ 14. Information to the appropriate statutory body
The Commission of Inquiry should be within the confines of confidentiality in accordance with § 12 hold relevant government agency informed about serious matters arising in the course of the investigation, and their preliminary assessments of these, to the extent this is considered critical for patient and user safety.
§ 15. Undersøkelsesrapport
When the Commission of Inquiry has investigated a serious incident, it shall prepare a report. The Commission of Inquiry will even take a position on whether it is necessary to draw up the report in other cases. Ends investigations without report, the studies documented in any other appropriate manner.
The report shall give an account of events in the case and contain the examination the Commission's assessment of the causes. The report shall also include the commission of inquiry any recommendations on measures that should be taken or considered attempting to prevent similar incidents in the future.
The report should not contain references to individuals' names and addresses.
Examination Commission shall publish the report when it is finalized.
Ministry may issue further provisions for the cases in which the compilation survey report, how survey reports shall be designed and used, and the time limits for preparing investigation reports.
§ 16. Submission of draft survey report
Before investigating team finalizes the report, should a draft report at the request be submitted to the persons mentioned in § 8, with a reasonable period for that person to give a statement, unless special circumstances indicate that this is not done. The first sentence applies only to those parts of the draft report which the person because of his connection with the case or investigation is particularly well qualified to comment on.
§ 17. Prohibition on the use as evidence in criminal proceedings
Information survey Commission receives pursuant to § 10 can not be used as evidence in a subsequent criminal proceedings against the person who provided the information.
§ 18. Prohibition of sanctions by the employer
An employee who makes an explanation pursuant to § 10 shall not be subject to any sanctions on the part of the employer as a result of this.
The first paragraph does not apply
- a) action given by the employer with the main purpose of improving worker's qualifications
- b) if the information received shows that the employee does not meet the health requirements for holding his position
- c) if the information received indicates that the employee has shown gross negligence in connection with the serious event or serious relationship
- d) if circumstances related to the employee or his or her acts or omissions have been known otherwise than through the worker's explanation under § 10.
§ 19. Relations with Health Register Act
Filing Systems Act applies to the extent not otherwise provided by this Act.
§ 20. Ikraftsetting
The Act applies when the King decides. The King may bring the individual provisions of the law in force at different times.
§ 21. Amendments to other Acts
From the time the law comes into force the following amendments to other Acts:
1. In Act 2 July 1999 no. 64 relating to health personnel is amended as follows:
New § 12a shall read:
§ 12 a. Investigation, etc.. by order of the State commission for health and care services
Health professionals must contribute to or submit to breath test, blood test and a clinical examination imposed by the Commission of Inquiry pursuant to the Government commission for health and care services § 9 second paragraph.
New § 30a shall read:
§ 30 a. Information to the Government commission for health and care services
Healthcare professionals should provide the Commission of Inquiry access to business premises and information pursuant to the Government commission for health and care services § 9.
Healthcare professionals should explain himself to the State commission for health and care services pursuant to the Government commission for health and care services § 10.
2. In the Act 2 July 1999. 61 the Specialist Health Care amended as follows:
§ 3-3 a headline should read:
§ 3-3 a. Notification of serious incidents
§ 3-3, first paragraph should read:
Health organizations and businesses that deal with health or regional health authorities, shall immediately notify about serious incidents to the National Board of Health and the State commission for health and care services. With serious incident meant death or serious injury to the patient where the outcome is unexpected from foreseeable risk.