Patient and User Rights Act
(Source: https://lovdata.no/dokument/NL/lov/1999-07-02-63)
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/NL/lov/1999-07-02-63)
Norwegian to English translation via Google Translate, with some editing.
Embedded HTML links direct to lovdata.no, the official Norwegian source.
The Patient and User Rights Act (Patient and User Rights Act)
Given LOV-1999-07-02-63
Department Ministry of Health and Care Services
Last changed LOV-2018-06-15-38 from 20.07.2018
Commencement 01.01.2001, 01.07.2001
corrected 06.08.2018 (§ 2-7 second paragraph)
Korttittel Patient and User Rights Act - pbrl
Chapter overview:
The title of the Act was amended by Act of June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252).
Chapter 1. General provisions
§ 1-1. Purpose
The purpose of the Act is to help ensure the population equal access to quality services by providing patients and users with rights to the health and care services.
The Act's provisions shall contribute to promoting the trust relationship between patient and user and the health and care service, promoting social security and safeguarding respect for the individual patient's and user's life, integrity and human dignity.
0 Amended by Act June 24, 2011 No. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
§ 1-2. scope
The law applies to anyone who lives in the realm. The King may in regulations make exceptions to Chapter 2 of the Act for persons who are not Norwegian nationals or who do not have permanent residence in the realm.
The King provides regulations on the application of the Act on Svalbard and Jan Mayen and may lay down special rules taking into account the local conditions. To the extent determined by the King in regulations, the law applies to persons on Norwegian ships in foreign traffic, in Norwegian civil aircraft in international traffic and on installations and vessels in work on the Norwegian continental shelf.
§ 1-3. definitionsBy law here is meant
a. patient: a person who approaches the health and care service with a request for health care, or that the health and care service provides or offers health care in the individual case;
b. the patient's and the user's relatives: the patient or user states as relatives and the closest relatives. If the patient or user is unable to provide relatives, the closest relatives shall be the one who, to the greatest extent, has permanent and continuous contact with the patient or the user, nevertheless so that it is based on the following order: spouse, registered partner, persons who live in marriage-like or partnership-like cohabitation with the patient or user, children over the age of 18, parents or others who have parental responsibility, siblings over the age of 18, grandparents, other family members who are close to the patient or user, guardian or proxy with personal competence.
c. "health care" means actions which have preventive, diagnostic, therapeutic, health-conserving, rehabilitative or nursing and care purposes and which are performed by healthcare professionals;
d. health and care services: the municipal health and care service, the specialist health service, the dental service and private providers of health and care services;
e. health personnel: persons as mentioned in section 3 of the Health Personnel Act;
f. user: a person who requests or receives services covered by the Health and Care Services Act which is not health care according to letter c.
0 Amended by laws 30 June 2006 no. 45 (cf. January 1, 2007 pursuant to Res. Dec. 15, 2006 no. 1422 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) , March 26, 2010 no. 9 (cf. July 1, 2013 according to Res. April 5, 2013 no. 338 ) as amended by Act of 5 April 2013 no. 12 , June 16, 2017 no. 53 (cf. January 1, 2018 according to the res. 8 Dec 2017 No. 1951 ). Amended by Act of June 16, 2017 no. 55(no. From the time the King decides).
1 See Act 30 Apr 1993 No. 40 (rep.). Now look el. § 95.
Chapter 2. Right to health and care services and transport
0 The title was amended by the laws of November 28, 2003 no. 96 (cf. January 1, 2004), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
§ 2-1. (Repealed by law June 24, 2011 no. 30)
§ 2-1 a. Right to necessary assistance from the municipality's health and care service
Patient and user are entitled to immediate assistance from the municipality, cf. Section 3-5 of the Health and Care Services Act.
Patient and user are entitled to necessary health and care services from the municipality.
Patient and user are entitled to a worthy service offering in accordance with the Health and Care Services Act § 4-1 first paragraph, letter b.
The municipality shall provide the person who seeks or needs health and care services, the health and treatment information that he or she needs to safeguard his or her right.
The King may issue regulations containing further provisions on what shall be regarded as health and care services that the patient and user may be entitled to.
0 Added by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ). Amended by Act of June 16, 2017 no. 55 (no. From the time the King decides).
§ 2-1 b. Right to necessary health care from the specialist health service
The patient is entitled to immediate health care, cf. Section 3-1 of the Specialist Health Services Act.
The patient is entitled to the necessary health care from the specialist health service. The specialist health service shall, during the assessment period, cf. the Patients' and User Rights Act 1 § 2-2 first paragraph, set a deadline for when the patient shall receive the necessary health care at the latest. The deadline shall be determined in accordance with the professional standards required. The regional health authorities can decide which institutions are to set a deadline when the patient is referred to interdisciplinary specialized treatment for substance abuse.
The health and care service shall provide the person who seeks or needs health care, the health and treatment information that he or she needs to safeguard his or her right.
If the regional health trust has not ensured that a patient with the right to necessary health care from the specialist health service receives the necessary health care within the time stipulated pursuant to the second paragraph, the patient is entitled to necessary health care without a stay, if necessary from private service providers or service providers outside the realm.
If the regional health enterprise cannot provide health care to a patient who has the right to necessary health care because there is no adequate offer in the realm, the patient is entitled to the necessary health care from the service provider outside the realm within the deadline laid down in the second paragraph.
The King may issue regulations containing further provisions on what shall be regarded as health care that the patient may be entitled to.
The Ministry may issue regulations containing further provisions on the determination of, and information on, the deadline for providing health care as mentioned in the second paragraph, including a deadline for when children and adolescents under the age of 23 with mental illness or substance dependence should receive the necessary health care at the latest. The Ministry may also issue regulations containing further provisions on the organization of, and settlement for, services the patient is entitled to receive from private service providers or service providers outside the realm according to the fourth paragraph.
The regional health authorities may decide that private enterprises that have an agreement with a regional health enterprise shall have the right to assess whether the patient has the right to necessary health care from the specialist health service and set a deadline for when the health care assistance must be given, cf. the second paragraph.
The Ministry may in regulations issue further provisions on which private enterprises shall have the right to assess whether the patient has the right to necessary health care from the specialist health service and set a deadline for when the health care assistance shall be given, cf. the second paragraph.
0 Added by law June 24, 2011 no. 30 (cf. Jan. 1, 2012 pursuant to Dec. 16, 2011 no. 1252 ), amended by laws June 21, 2013 no. 79 (cf. Nov. 1, 2015 according to Dec. 30, 2015 no. 1240 ), May 22, 2015 No. 32 (cf. Nov. 1, 2015 according to Dec. 30 Oct 2015 no. 1241 ).
1 Ie this law.
§ 2-1 c. Patient rights in the regular GP schemeAnyone who is resident in a Norwegian municipality has the right to be on the list with a doctor with a permanent appointment. The same applies to asylum seekers and their families when they are members of the National Insurance Scheme.
Individuals on the GP's list have the right to change their general practitioner until twice a year, and the right to get a new assessment of their health status with another doctor with a permanent appointment.
Rights in the first and second paragraphs do not apply in those municipalities where the duty to have a regular GP scheme is suspended pursuant to Section 3-2, third paragraph, of the Health and Care Services Act.
The Ministry may issue regulations containing more detailed provisions on the implementation and completion of the patient rights in the regular GP scheme, including on the placement of children on the list and the right to change the GP.
0 Added by law June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
§ 2-1 d. Right to user-controlled personal assistance
Persons under the age of 67 with long-lasting and great need for personal assistance pursuant to the Health and Care Services Act § 3-2 first paragraph no. 6 letter b have the right to have such services organized as user-controlled personal assistance. The court covers relief measures under the Health and Care Services Act § 3-6, first paragraph no. 2, for persons with parental responsibility for children living at home under the age of 18 with disabilities. Health services in relief measures are not covered.
The right does not include services that require more than one service provider present or night services, unless the user continuously needs such services.
By long-term need in the first paragraph is meant needs beyond 2 years.
By great need in the first paragraph is meant a service requirement of at least 32 hours per week. However, users with a service requirement of at least 25 hours per week have the right to receive services organized as user-controlled personal assistance, unless the municipality can document that such organization will entail a considerable increased cost for the municipality.
0 Added by law June 20, 2014 no. 41 (cf. January 1, 2015 according to Res. Nov. 14, 2014 no. 1406 ), amended by Act 2 June 2017 no. 34 (cf. Oct. 1, 2017).
§ 2-1 e. The right to stay in a nursing home or similar accommodation specially adapted for 24-hour services
Patient or user has the right to stay in a nursing home or similar residence specially adapted for 24-hour services if, after a health and care professional assessment, this is the only offer that can ensure the patient or the user necessary and adequate health and care services.
Patient or user who, with proper help, can live at home in anticipation of long-term stay in a nursing home or equivalent residence specially adapted for long-term services, but which meets the criteria for granting long-term stays according to the Health and Care Services Act § 3-2 a second paragraph, is entitled to a decision on this.
0 Added by law June 17, 2016 no. 45 (cf. July 1, 2016 pursuant to Res. June 17, 2016 no. 729 for the first paragraph, July 1, 2017 pursuant to Res. June 16, 2017 no. 745 for the second paragraph).
§ 2-1 f. Right to necessary dental care from the municipality's health and care service
0 Added by law June 16, 2017 no. 55 (no. From the time the King decides).
§ 2-2. Right to assessment
Patients who are referred to the specialist health service shall, within 10 working days after the referral is received by the specialist health service, receive information about whether they have the right to necessary health care, cf. section 2-1 b second paragraph. The assessment must be based on the reference. If a serious or life-threatening illness is suspected, the patient is entitled to a faster assessment. If the patient is considered to be entitled to the necessary health care, the patient shall at the same time be informed of the timing of when the investigation or treatment shall be initiated.
The time of commencement of investigation or treatment shall be set before the deadline for when necessary health care must be given at the latest, cf. section 2-1 b second paragraph. If the specialist health service cannot give the patient a time before the deadline for when necessary health care is to be given at the latest, or the time later must be changed so that the deadline is not complied with, the specialist health service shall immediately contact HELFO, cf. section 2-1 b fourth paragraph.
The patient must be informed of the right of appeal, the time limit for appeal and the more detailed procedure for complaint.
Referring body must be given the same information as the patient receives after the first and second paragraph.
The specialist health service can, without prejudice to the duty of confidentiality, provide necessary health information to HELFO if it is necessary to ensure that the patient receives the necessary health care within the proper time, cf. the second paragraph.
The Ministry may in regulations issue further provisions on the date according to the first paragraph and that certain patient groups shall be entitled to assessment more quickly than within 10 working days.
0 Amended by Act 12 Dec. 2003 No. 110 (cf. Sep. 1, 2004 according to Res. 19 March 2004 no. 540 ), Dec. 21, 2005 No. 125 (cf. Jan. 1, 2006 according to Res. Dec. 21, 2005 No. 1606 ) , 21 des 2007 no. 123 (ikr. January 1, 2008 acc. Res. 21 des 2007 no. 1574 ), 22 June 2012 no. 46 ,June 21, 2013 no. 79 (ikr. November 1, 2015 acc. Res. 30 Oct. 2015 no. 1240 ).
§ 2-3. Right to review
Upon referral from a general practitioner, the patient is entitled to a re-evaluation of his or her health status by the specialist health service. The court applies only once for the same condition. If there is a need for interdisciplinary specialized treatment for drug dependence, the right to renew assessment also applies after referral from the health and care service in the municipality and the social service.
0 Amended by Laws of 21 Dec 2007 no. 123 (cf. Jan. 1, 2008 according to Res. Dec. 21, 2007 no. 1574 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 )
.
§ 2-4. Right to free treatment choice
The patient has the right to choose which public or private business the reference should be assessed, cf. section 2-2. The patient can only choose companies that have the right to grant patient and user rights pursuant to § 2-1 b.
A patient who is entitled to the necessary health care from the specialist health service, cf. section 2-1 b, second paragraph, may choose by which public or private health care service shall be provided. The patient can only choose private business that either has an agreement with a regional health enterprise or is approved according to regulations pursuant to section 4-3 of the Specialist Health Services Act.
The patient cannot choose the treatment level.
For patients under compulsory observation or compulsory mental health care in accordance with Chapter 3 of the Mental Health Care Act, the right does not apply under the first and second paragraphs if this will be irresponsible or to a significant extent suited to weaken the purpose of the compulsory protection. The same applies to patients who are admitted to an institution pursuant to sections 10-2 and 10-3 of the Health and Care Services Act, if this will be irresponsible or to a considerable extent suited to weaken the purpose of the intake. The right after the first and second paragraph does not apply to the choice of center for drug-assisted rehabilitation in the specialist health service if this will be irresponsible or to a considerable extent suited to weaken the purpose of the treatment.
The Ministry may issue further regulations on the content and implementation of the right to vote pursuant to the provision here.
0 Amended by laws 12 Dec 2003 no. 110 (ikr. September 1, 2004 acc. Res. 19 March 2004 No.. 540 ), 30 June 2006 No.. 45 (ikr. January 1 2007 acc.Res. 15 Dec 2006 no. 1422 ) , 21 Dec 2007 no. 123 (ikr. January 1, 2008 acc. Res. 21 Dec 2007 no. 1574 ), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 14 Dec. 2012 No. 86 (dated Jan 1, 2013 according to res. Dec. 14, 2012 No. 1210 ), June 21, 2013 No. 79(Dec. 1, 2014 according to Res. Aug 9, 2013 No. 969 ), May 22, 2015 No. 32 (see Nov. 1, 2015 according to.Res. Oct. 30, 2015 No. 1241 ), June 17, 2016 No. 48 (July 1, 2017 according to res. May 22, 2017 No. 622 ).
§ 2-5. Right to individual plan
Patients and users who need long-term and coordinated health and care services have the right to have an individual plan prepared in accordance with the provisions of the Health and Care Services Act, the Specialist Health Services Act and the Act on the establishment and implementation of mental health care.
0 Ikr. July 1, 2001 according to. Res. June 8, 2001 no. 595 , as amended by Act of June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec.16, 2011 no. 1252 ).
§ 2-5 a. Right to contact doctor
A patient who has serious illness, injury or suffering, and who needs treatment or follow-up of the specialist health service for a certain period, has the right to be appointed contact physician in accordance with the specialist health services Act § 2-5 c.
The Ministry may in regulations issue further provisions on which patient groups the right includes.
0 Added by law December 11, 2015 no. 97 (dated 15 Sep 2016 according to Res. June 17, 2016 no. 727 ).
§ 2-6. Coverage of patient travel expenses
The patient and the companion have the right to cover the necessary expenses when the patient must travel in connection with a health service covered by the specialist health service law and which is covered by an enterprise under the Health Insurance Act or which is covered by a free choice of treatment pursuant to Section 4-3 of the Specialist Health Services Act. The same applies to health services that are covered by Chapter 5 of the National Insurance Act and health services provided at the family protection office and health center. The Ministry may in regulations decide that the right to cover necessary expenses shall also apply when the patient must travel to and from another health service that is covered by the Health and Care Services Act.
Benefits are granted to cover travel expenses for the nearest place where the health service can be provided, unless otherwise stipulated in regulations issued pursuant to the fifth paragraph.
When calculating the benefit, a rate per kilometer set by the Ministry shall be used, regardless of whether the patient or companion has had actual expenses. If the patient travels for more than 300 kilometers one way, the tariff for the cheapest mode of transport using regular means of transport shall be used. If the patient's health condition makes it necessary to use a taxi or a car, or if there is no scheduled transport, the actual cost of the taxi and additional costs involved in using a car should be taken into account.
The right to cover expenses in accordance with the first paragraph shall lapse if the patient is offered transport by a carrier who has an agreement with the regional health enterprise or offers for free public transport. The right to cover expenses also falls to the extent that the expenses are covered by other legislation.
The Ministry may issue regulations on coverage of travel and subsistence expenses for patients and relatives and expenses for the necessary companion, including coverage of expenses for places other than the geographically nearest place, self-payment, minimum travel distance, driving allowance, right to cover actual travel expenses in special cases , payment of refunds and deadlines for submitting claims.
0 Added by law November 28, 2003 no. 96 (cf. January 1, 2004), amended by laws February 11, 2005 no. 8 (cf. March 1, 2005 pursuant to Res. February 11, 2005 no. 126 ), June 19, 2009 no. (ikr. January 1, 2010 acc. Res. 11 Dec 2009 No.. 1501 ), 22 May 2015 No.. 32 (ikr. November 1, 2015 acc. Res. 30 October 2015 No.. 1241 ), 19 June 2015 No.. 62 (ikr Oct 1, 2016 according to rest 16 Sep 2016 no .
§ 2-6 a. Recovery after incorrect payment
If benefits under section 2-6 have been paid to someone who was not entitled to it, the benefit may be claimed back if the recipient or someone who acted on behalf of the recipient understood or should have understood that the payment was due to a fault. The same applies if the person concerned has caused the payment by deliberate or negligent disclosure of incorrect or defective information.
Claims under the first paragraph shall be directed to the recipient of the error payment. If the claim is not covered by the recipient, it may be directed against someone who has acted on behalf of the recipient and who has shown intent or negligence pursuant to the first paragraph.
Requirements for repayment pursuant to the first and second paragraphs shall be submitted, unless special reasons speak against it. Among other things, emphasis is placed on the degree of negligence on the part of the party against whom the claim is directed, the amount of the wrongly paid amount, the length of time since the payment and whether the error is wholly or partly attributable to a regional health enterprise or an underlying business. The repayment requirement can be set as part of the wrongly paid amount. If the party to whom the claim is directed has acted intentionally, claims shall always be promoted, and the amount cannot be reduced.
Incorrect amounts received in good faith can be claimed back, limited to the amount retained when the recipient becomes aware of the error. When assessing whether this amount is to be recovered in whole or in part, emphasis is, inter alia, on the size of the wrongly paid amount, the length of time since the payment of the error and whether the recipient has settled in confidence in it.
Decisions on recovery under this section are compulsory grounds for disbursement. The requirement can be claimed by deductions in later coverage of expenses pursuant to § 2-6 with regulations, or be recovered in accordance with the rules in Act 11 January 2013 no. 3 on the Government Debt Collection Center. Claims are collected by the central government collection center, unless the Ministry decides otherwise.
In the event of a claim under the first and second paragraphs on the basis of intent or gross negligence on the part of the party against whom the claim is directed, an interest supplement of 10 per cent of the amount required shall be calculated.
0 Added by law June 19, 2015 no. 62 (Oct 1, 2016 according to Res. Sep 16, 2016 no. 1069 ).
§ 2-7. Application of the Public Administration Act
Chapters IV and V of the Public Administration Act apply to decisions made pursuant to section 2-6a, but not to other decisions pursuant to the chapter here.
For decisions on services under the Health and Care Services Act § 3-2 first paragraph no. 6 letters a to c, 3-6 and 3-8, which are expected to last longer than two weeks, the rules in the Administration Act, however, apply to Chapters IV and V with the special provisions that follow from the law here.
If there are several who simultaneously seek a service there is scarcity, they are not considered as parties in the same case. An applicant who believes that he has passed may not complain that someone else has received the benefit.
0 Added by Act 12 Dec. 2003 No. 110 (cf. Sep. 1, 2004 according to Res. March 19, 2004 no. 540 ), amended by laws June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 19, 2015 no. 62 (dated Oct. 1, 2016 according to Res. Sep 16, 2016 no. 1069 ),June 17, 2016 no. 45 (ref. July 1, 2017 according to Res. June 16, 2017 no. 745 ), June 2, 2017 No. 34 (Oct 1, 2017).
§ 2-8. Measures for particularly burdensome care tasks
Those who have particularly burdensome care work may require that the municipal health and care service make decisions that measures must be put in place to facilitate the care burden and what the measures in the case in question should consist of.
0 Added by law June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
Chapter 3. Right to participation and information
§ 3-1. Patient's or user's right to participation
Patient or user has the right to participate in the implementation of health and care services. Patients or users, among other things, have the right to participate in the choice between available and prudent service forms and examination and treatment methods. The form of participation must be adapted to the individual's ability to give and receive information. Children who are able to form their own views should be given information and heard. Emphasis shall be placed on what the child believes, in accordance with the child's age and maturity.
The service offering must, as far as possible, be designed in collaboration with the patient or user. Great emphasis shall be placed on what the patient or the user believes in the design of service offerings pursuant to sections 3-2 first paragraph no. 6, 3-6 and 3-8 of the Health and Care Services Act.
If the patient does not have consent competence, the patient's closest relatives have the right to cooperate with the patient.
If a patient or user wants other persons to be present when health and care services are provided, this shall as a general rule be met.
0 Amended by laws 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 16, 2017 no. 53 (cf. January 1, 2018 according to Res. Dec. 8, 2017 No. 1951 ) .
§ 3-2. Patient's and user's right to information
The patient must have the information that is necessary to gain insight into their health status and the content of the health care. The patient should also be informed of the possible risks and side effects.
Information shall not be given against the patient's expressed will, unless it is necessary to prevent the adverse effects of the health care, or it is determined in or pursuant to law.
Information may be omitted if it is urgently needed to prevent life or serious injury to the patient himself. Information may also be omitted if it is clearly inadvisable for persons close to the patient to provide such information.
If the patient or user is injured or has serious complications, the patient or user should be informed. It shall at the same time be informed of the right to seek compensation from the Norwegian Patient Injury Compensation, to contact the patient and user ombudsman and the right to request the supervisory authority for assessment of any breach of duty pursuant to section 7-4.
If the patient or user is injured or has serious complications, and the outcome is unexpected from the foreseeable risk, the patient or user should also be informed of what measures the health and care service will take to prevent a similar event from happening again.
If the injury or complication mentioned in the fifth paragraph is very serious, the patient or the user must be offered a meeting with the health and care service as soon as possible after the incident, and no later than ten days after the incident. Such meetings shall aim to provide the patient or the user with information according to the fourth and fifth paragraphs and answers to questions related to the incident and the subsequent follow-up of this. In case of death as a result of a serious incident, the next of kin must be offered a corresponding meeting.
If after the treatment is completed, it is discovered that the patient may have suffered significant damage as a result of the health care, the patient should, if possible, be informed of this.
Users should have the information necessary to gain sufficient insight into the service offering and to be able to safeguard their rights.
0 Amended by laws 24 June 2011 no. 30 (cf. Jan. 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ), June 7, 2013 no. 29 (cf. January 1, 2014 pursuant to Res. Dec. 6, 2013 no. 1398 ) , June 22, 2018 No. 76 , Dec. 15, 2017 No. 107 (July 1, 2018 according to Res. June 22, 2018 No. 948 ).
§ 3-3. Information for the closest relatives of the patient or user
If the patient or user consents to it or circumstances so dictate, the patient's or user's closest relatives must have information about the patient's or user's health status and the health care provided.
If the patient or user over the age of 16 and obviously cannot attend to his or her interests due to physical or mental disturbances, dementia or mental retardation, both the patient or the user and his / her immediate relatives have the right to information in accordance with the rules in § 3-2.
If a patient or user dies and the outcome is unexpected on the basis of foreseeable risk, the patient's or user's closest relatives have the right to information pursuant to § 3-2 fourth through sixth paragraph, so far as the duty of confidentiality does not prevent this.
0 Amended by laws 24 June 2011 no. 30 (cf. Jan. 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ), June 7, 2013 no. 29 (cf. January 1, 2014 pursuant to Res. Dec. 6, 2013 no. 1398 ) , June 16, 2017 No. 53 (Dec. 1, 2018 according to Res. Dec. 8, 2017 No. 1951 ), Dec. 15, 2017 No. 107(July 1, 2018 according to Res. June 22, 2018 No. 948 ).
§ 3-4. Information when the patient or user is under 18 years of age
If the patient or the user is under the age of 16, both the patient or the user and the parents or others who have the parental responsibility shall be informed.
If the patient or user is between 12 and 16 years of age, information shall not be given to the parents or others who have parental responsibility when the patient or the user does not want this for reasons that should be respected.
Regardless of the patient's or user's age, information should not be given to the parents or to others who have parental responsibility, if weighty considerations of the patient or user speak against it.
Information necessary to fulfill parental responsibility shall nevertheless be given to the parents or other persons having parental responsibility when the patient or user is under 18 years of age. The patient or user must be informed that the information is given.
If it may be appropriate to exclude information from the parents or others who have parental responsibility under the second or third paragraph, the patient or user shall be informed as early as possible of the right to information for the parents or others who have parental responsibility and exceptions to that right.
If the child welfare service has taken over the care of a patient or uses under the age of 18 under the Child Welfare Act § 4-6 second paragraph, § 4-8 or § 4-12, the first to fifth paragraph applies correspondingly to the child welfare service.
0 Amended by Act of 16 June 2017 No. 53 (cf. January 1, 2018 pursuant to Res. Dec. 8, 2017 No. 1951 ).
§ 3-5. Information form
The information should be adapted to the recipient's individual conditions, such as age, maturity, experience and cultural and language background. The information should be given in a considerate manner.
The personnel must as far as possible ensure that the recipient has understood the content and significance of the information.
Information about the information provided must be recorded in the patient's or user's journal.
0 Amended by laws 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 16, 2017 no. 53 (cf. January 1, 2018 according to Res. Dec. 8, 2017 No. 1951 ) .
§ 3-6. Right to protection against dissemination of information
Information on body and disease conditions as well as other personal information shall be processed in accordance with the applicable confidentiality provisions. The information should be treated with care and respect for the integrity of the information.
The duty of confidentiality ceases to the extent that the person who is entitled to silence agrees.
If health personnel make available information that is subject to statutory duty of disclosure, that information shall apply, insofar as circumstances dictate, that the information has been made available and what information it is about.
0 Amended by the Act of 15 June 2018 No. 38 (ref. July 20, 2018 pursuant to the announcement of July 17, 2018, no. 1195).
Chapter 4. Consent to health care
§ 4-1. Main rule of consent
Health care can only be provided with the patient's consent, unless there is statutory law or other valid legal basis for providing health care without consent. In order for the consent to be valid, the patient must have received the necessary information about his or her health status and the content of the health care.
The patient can withdraw their consent. If the patient withdraws the consent, the person providing the health care shall provide the necessary information about the importance of the health care being not given.
§ 4-2. Requirements for the form of consent
Consent may be given expressly or tacitly. Tacit consent is considered to exist if, based on the patient's behavior and circumstances, it is likely that she or he accepts the health care.
The Ministry may issue regulations on requirements for written or other formal requirements for certain forms of health care.
§ 4-3. Who has consent competence
Right to consent to health care has
a) persons over the age of 18, unless otherwise provided by § 4-7 or other special statutory provision
b) persons between the ages of 16 and 18, unless otherwise provided by special legislation or by the nature of the measure
c) persons between the ages of 12 and 16, in the case of health care for matters that the parents or others who have parental responsibility are not informed about, cf. section 3-4 second or third paragraph, or it follows from the nature of the measure.
Consent competence may be waived in whole or in part if, due to physical or psychological disturbances, senile dementia or mental retardation, the patient is clearly unable to understand what the consent is.
The person who provides health care determines whether the patient lacks the competence to consent pursuant to the second paragraph. Based on the patient's age, mental condition, maturity and experience background, the healthcare professional must make the conditions as best as possible for the patient to be able to consent to health care, cf. § 3-5.
A decision concerning lack of consent competence shall be justified and in writing, and, if possible, immediately presented to the patient and his immediate relatives. If the patient is missing the next of kin, the decision must be submitted to other qualified health personnel.
Examination and treatment of mental disorders in persons who lack the consent competence under the second paragraph and who have or are believed to have a serious mental disorder or oppose the health care can only take place on the basis of Chapter 3 of the mental health legislation.
According to section 3-4, third paragraph, that information shall not be given to the parents or others who have parental responsibility and the person is under 12, the person who provides health care can make a decision on health care that is strictly necessary and which is not intrusive with scope and duration. Such a decision can only be taken for a limited period until consent can be obtained.
0 Amended by laws 30 June 2006 no. 45 (cf. Jan. 1, 2007 pursuant to Res. Dec. 15, 2006 no. 1422 ), Dec. 19, 2008 no. 109 (cf. Jan. 1, 2009 according to Res. Dec. 19, 2008 no. 1444 ) , March 26, 2010 no. 9 (cf. July 1, 2013 according to Res. April 5, 2013 no. 338 ) as amended by Act of 5 April 2013 no. 12 , June 16, 2017 no. 53 (cf. January 1, 2018 according to the res. 8 Dec 2017 No. 1951 ).
§ 4-4. Consent on behalf of children
The parents or others who have parental responsibility have the right to consent to health care for patients under the age of 16. However, this does not apply to patients between the ages of 12 and 16 who can consent pursuant to § 4-3, first paragraph, letter c.
It is sufficient that one of the parents, or others who have parental responsibility, consents to health care which is considered part of the day-to-day and ordinary care of the child, cf. sections 37 and 42, second paragraph, of the Children's Act. For a parent, this applies regardless of whether the person has parental responsibility for the child. In case of vaccination after the childhood vaccination program, however, the person who is to consent must have parental responsibility for the child.
It is sufficient that one of the parents, or others who have parental responsibility, consents to health care that qualified health personnel believe is necessary for the child not to be injured. Before such health care is provided, both parents, or others who have parental responsibility, should as far as possible have their say. A decision on such health care may be appealed to the County Governor in accordance with Chapter 7. The County Governor may decide that the health care shall be terminated until a decision has been made on the basis of a complaint from the other parent or others who have parental responsibility.
If the child welfare service has taken over the care of a child under the age of 16 according to the Child Welfare Act § 4-6 second paragraph, § 4-8 or § 4-12, the child welfare service has the right to consent to health care.
When the child reaches the age of 7, and when a younger child is able to form their own views on what the consent is about, the parents, others who have parental responsibility or the child welfare service shall provide the child with information and the opportunity to state their opinion before deciding questions about consenting to health care. Emphasis shall be placed on what the child believes, in accordance with the child's age and maturity. If the child reaches the age of 12, great emphasis shall be placed on what the child thinks.
0 Amended by promise June 30, 2006 no. 45 (ikr. January 1, 2007 acc. Res. 15 des 2006 no. 1422 ), 9 April 2010 no. 13 (ikr. May 1 2010 acc. Res. 9 April 2010 no. 500 ) , June 24, 2011 no. 30 (ikr. January 1 2012 acc. Res. 16 des 2011 no. 1252 ), 16 June 2017 no. 53 (ikr. January 1, 2018 acc.res. 8 des 2017 no. 1951 ).
§ 4-5. Consent on behalf of youth who do not have consent competence
Parents or others with parental responsibility have the right to consent to health care for patients between the ages of 16 and 18 who do not have consent competence.
If the child welfare service has taken over the care of children between the ages of 16 and 18 according to the Child Welfare Act § 4-8 or § 4-12, the child welfare service has the right to consent to health care.
Health care cannot be given if the patient opposes this, unless otherwise provided by special legislation.
§ 4-6. About patients over the age of 18 who do not have consent competence
If a patient over the age of 18 does not have consent competence pursuant to section 4-3, second paragraph, the person who provides health care can make a decision on health care that is of a non-invasive nature with respect to scope and duration.
Health care that involves a serious intervention for the patient may be given if it is considered to be in the patient's interest, and it is likely that the patient would have given permission for such assistance. Where possible, information should be obtained from the patient's closest relatives about what the patient would have wanted. Such health care can be decided by the person responsible for the health care, after consultation with other qualified health personnel. It should be stated in the journal what the patient's closest relatives have stated, and what other qualified health personnel have had of perceptions.
Health care under the first and second paragraphs cannot be given if the patient opposes this, unless otherwise provided by special legislation.
0 Amended by Laws of Dec. 22, 2006 No. 99 ( No. 1 May 2008 pursuant to Res. Apr 4, 2008 no. 323 ), March 26, 2010 no. 9 (ref. July 1, 2013 pursuant to Res. April 5, 2013 No. 338 ) as amended by Act 5 Apr 2013 no. 12 .
§ 4-6 a. Use of notification and location technology
The health and care service may make decisions on the use of technical facilities for notification and localization as part of health and care services to patients or users over the age of 18 who do not have consent competence. Use of medical technical equipment for notification is regulated by § 4-6. The rules in § 4-1 to § 4-3 apply correspondingly to the assessment of the consent competence of the user.
The measure must be necessary to prevent or limit the risk of injury to the patient or the user and should be in the patient's or user's interest. Among other things, emphasis shall be placed on whether the measure is in reasonable proportion to the relevant risk, whether the measure appears to be the least invasive option, and whether it is likely that the patient or user would have given permission for the measure. Where possible, information from the patient's or user's closest relatives should be obtained about what the patient or user would have wanted.
This provision will not apply if the patient or user opposes the measure.
0 Added by law June 14, 2013 no. 36 (cf. Sep. 1, 2013 according to Res. June 14, 2013 no. 637 ).
§ 4-7. About patients who are deprived of legal capacity in the personal area
Patients who are deprived of legal capacity in the personal area pursuant to section 22, third paragraph, of the Danish Maritime Insurance Act, shall as far as possible themselves consent to health care. If this is not possible, the guardian may consent on behalf of the patient.
0 Amended by Act of 26 March 2010 no. 9 (cf. July 1, 2013 pursuant to Res. April 5, 2013 no. 338 ) as amended by Act of 5 April 2013 No. 12 .
§ 4-8. (Repealed by Act 19 Dec 2008 no. 109.)
§ 4-9. The patient's right to refuse health care in special situations
Due to serious conviction, the patient has the right to refuse to receive blood or blood products or to refuse to interrupt an ongoing hunger strike.
A dying patient has the right to oppose life-prolonging treatment. If a dying patient is unable to pass on a treatment request, the health personnel shall fail to provide health care if the patient's closest relatives announce corresponding wishes, and the health personnel after an independent assessment finds that this is also the patient's wish and that the desire should obviously be respected.
Healthcare professionals must ensure that the patient referred to in the first and second paragraphs is over 18 years of age and is not deprived of legal capacity in the personal area, and that the person concerned is provided with satisfactory information and has understood the consequences for his or her own health at the time of the refusal of treatment.
0 Amended by Act of 26 March 2010 no. 9 (cf. July 1, 2013 pursuant to Res. April 5, 2013 no. 338 ) as amended by Act of 5 April 2013 No. 12 .
Chapter 4 A. Health care for patients without consent competence who oppose health care etc.
0 The chapter was added by Act of Dec. 22, 2006 No. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-1. Purpose
The purpose of the rules in this chapter is to provide the necessary health care to prevent significant health damage and to prevent and limit the use of force.
Health care must be arranged with respect for the individual's physical and mental integrity, and as far as possible be in accordance with the patient's self-determination.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-2. scope
The chapter will apply when health personnel provide health care to patients over the age of 16 who lack the consent competence, cf. Chapter 4, and who oppose the health care.
Examination and treatment of mental illness without their own consent can, however, only take place on the basis of the Act of 2 July 1999 No. 62 on mental health care.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-3. Access to providing health care that the patient opposes
Before health care can be provided as opposed to the patient, confidence-building measures must have been attempted, unless it is obviously pointless to try this.
If the patient maintains his or her resistance, or if the health care professional knows that he / she is likely to maintain his / her resistance, decisions on health care may be made if
a)A failure to provide health care can cause significant health damage to the patient, and
b)health care is considered necessary, and
c)the measures are in proportion to the need for health care.
Although the terms of the first and second paragraphs are fulfilled, health care can only be given where this, after an overall assessment, appears as the clearly best solution for the patient. In assessing whether such health care should be given, emphasis should be placed on, among other things, the degree of resistance and whether in the near future it can be expected that the patient will be able to regain his or her consent competence.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-4. Implementation of health care
If the conditions in § 4A-3 are fulfilled, health care can be performed with force or other measures to circumvent the patient's resistance.
The patient can, among other things, be admitted to a health institution and be held there if it is necessary to get the health care done.
If the legal conditions are fulfilled, further warning and location systems with technical facilities and measures to prevent movement such as belts and the like can be used.
The health service must be assessed on an ongoing basis and discontinued as soon as the conditions of the Act are no longer present. In particular, emphasis should be placed on whether the health care system proves to have the desired effect, or has unforeseen negative effects.
0 Added by Act of 22 Dec 2006 no. 99 (ikr. January 1, 2009 acc. Res. 24 October 2008 No.. 1140 ), amended by Law 14 June 2013 No.. 36 (ikr. September 1, 2013 acc. Res. 14 June 2013 No. 637 ).
§ 4A-5. Decision on health care that the patient opposes
Decisions on health care according to this chapter are made by the health personnel responsible for the health care. Decisions can only be made for up to one year at a time.
If the health service involves a serious intervention for the patient, a decision shall be made by the health personnel as mentioned in the first paragraph, after consultation with other qualified health personnel. In assessing what is a serious intervention for the patient, consideration shall be given, among other things, whether the measure involves intervention in the body, the use of prescription drugs and the degree of resistance. If the patient opposes the fact that the health care is carried out at the time of admission or withholding in a health institution, or opposes the use of measures to prevent movement, it shall always be regarded as serious intervention.
Decisions on examination and treatment include the care and care needed to conduct the examination and treatment. If the main purpose of the health care is care and care, a separate decision shall be made on this.
Where possible, information shall be obtained from the patient's closest relatives about what the patient would have wanted, before a decision pursuant to § 4A-5 first and second paragraphs is made.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-6. Information
The patient and the patient's closest relatives must be informed as soon as possible of decisions made pursuant to § 4A-5. Subsequent notification to the patient is nevertheless sufficient if the notification will entail a risk that the health care cannot be carried out.
The notification shall disclose the right to appeal and to comment on the matter.
A copy of the notification shall be sent to the person who has the overall professional responsibility for the health care. Furthermore, a copy of the decision pursuant to § 4A-5 shall be sent to the County Governor.
0 Added by law Dec. 22, 2006 no. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ), amended by law June 24, 2011 no. 30 (cf. January 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ).
§ 4A-7. Complaint
Decisions on health care under § 4A-5 may be appealed to the County Governor by the patient or the patient's closest relatives.
The provisions of section 7-3 apply correspondingly to complaints under the section here.
The deadline for complaining to the county governor is three weeks from when the person in question received or should have gained knowledge of the decision.
0 Added by law Dec. 22, 2006 no. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ), amended by laws June 24, 2011 no. 30 (cf. January 1, 2012 according to Res. Dec. 16, 2011 no. 1252 , June 22, 2012 No. 46 .
§ 4A-8. Review and subsequent verification
The County Governor may, on his own initiative, review decisions made pursuant to § 4A-5.
If a decision on health care after this chapter has not been appealed and the health care continues, the County Governor, when three months have passed since the decision was made, shall, on its own initiative, consider whether there is still a need for health care.
0 Added by law Dec. 22, 2006 no. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ), amended by law June 24, 2011 no. 30 (cf. January 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ).
§ 4A-9. Application of the Public Administration Act
The Public Administration Act applies insofar as it is appropriate for decisions pursuant to § 4A-5, with the special provisions that are given in this chapter.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-10. Domstolsprøving
Decisions in a complaint pursuant to § 4A-7 that involve admission and detention in an institution, or health care that extends over three months, may be brought before the court by the patient or the patient's closest relatives in accordance with the rules in law 17 June 2005 no. 90 on mediation and trial in civil disputes (the Dispute Act) Chapter 36. Correspondingly applies to the County Governor's decision on health care that involves admission and detention, or which extends over three months, cf. § 4A-8.
0 Added by law Dec. 22, 2006 no. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ) as amended by Act 19 Dec. 2008 no. 109 , amended by Act 24 June 2011 no. 30 (no. 1 Jan 2012 according to Res. Dec. 16, 2011 no. 1252 ).
§ 4A-11. Regulations
The Ministry may issue more detailed rules on the implementation of the health assistance pursuant to this chapter and on the processing of cases, including which requirements shall be made for documentation of decisions on health care.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
Chapter 5. Right to journal inspection
§ 5-1. Right to access journal
The patient and the user are entitled to access their journal with annexes and, according to a special request, are entitled to a copy, cf. Article 15 of the Personal Data Protection Regulation. The patient and the user have the right to a simple and concise explanation of the term or similar upon request.
The patient and the user may be denied access to information in the record if this is urgently needed to prevent the danger of life or serious health damage to the patient or the user himself, or access is clearly inadvisable for persons close to him.
A patient or user representative is entitled to access the information that the patient or user is denied access to, unless the representative is deemed unfit to do so. A doctor or lawyer cannot be denied access, unless there are special reasons for this.
The rules in § 3-3 and § 3-4 on the right of others to apply apply correspondingly to access to a journal.
Closest relatives have the right to access a journal after the death of a patient or user, unless special reasons speak against this.
The Ministry may in regulations issue further provisions on the right of access to a journal, including provisions on payment for copies.
0 Amended by laws 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 15, 2018 no. 38 (ref. July 20, 2018 pursuant to announcement July 17, 2018 no. 1195).
§ 5-2. Correction and deletion of journal
The patient, the user or the person to whom the information applies may require that the information in the medical record be corrected or deleted in accordance with the rules in section 42 of § 44 of the Health Personnel Act.
0 Amended by Act June 24, 2011 No. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
§ 5-3. Transfer and availability of journal
The patient and the user have the right to oppose the transfer and making available of a journal or information in a journal. The information can also not be transferred or made available if there is reason to believe that the patient or user would oppose it upon request. Transmission and making available can nevertheless occur if weighty reasons speak for it. Transmission and disclosure of a journal or information in the journal shall be in accordance with the provisions of the Health Personnel Act.
0 Amended by laws 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 15, 2018 no. 38 (ref. July 20, 2018 pursuant to announcement July 17, 2018 no. 1195).
Chapter 6. Children's special rights
§ 6-1. Children's right to health control
Children have the right to necessary health care also in the form of health checks in the municipality where the child lives or temporarily resides, cf. Section 3-2 of the Health and Care Services Act.
The parents are obliged to help the child participate in health control.
0 Amended by Act June 24, 2011 No. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ). Amended by Act of June 16, 2017 no. 55 (no. From the time the King decides).
§ 6-2.
Children's right to socialize with the parents in a health institutionChildren have the right to socialize with at least one of the parents or others with parental responsibility during their entire stay in a health institution, unless this is inadvisable for the sake of the child, or the right of access has lapsed according to the rules in the Children's Act or the Child Welfare Act.
§ 6-3. Children's right to activity in health institution
Children have the right to be activated and stimulated during their stay in a health institution, as far as this is justified by the child's health condition.
§ 6-4. Children's right to education in health institution
School-aged children have the right to education during their stay in a health institution, to the extent that this follows from the Education Act.
Young people are entitled to education during their stay in a health institution, to the extent that this follows from the Education Act.
Preschool children are entitled to special educational assistance during their stay in a health institution, to the extent that this follows from the Education Act.
0 Amended by Act No. 21 Dec. 2000 No. 127 (cf. Jan. 1, 2001 according to Res. Dec. 21, 2000 no. 1359 ).
§ 6-5. Children's party rights
A child can act as a party to a case and apply party rights if it has reached the age of 12 and understands what the case concerns. In a case involving measures against addicts under the age of 18, cf. Chapter 10 of the Health and Care Services Act, the child shall always be regarded as a party.
0 Added by law June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
Chapter 7. Complaints etc.
0 The title was amended by Act of December 11, 2015 no. 97 (dated September 15, 2016 pursuant to Res. June 17, 2016 no. 727 ).
§ 7-1. (Repealed by law June 24, 2011 no. 30)
§ 7-2. Complaint etc.
Patients or users or their representative who believes that the provisions of chapters 2, 3 and 4, as well as § 5-1, § 6-2 and § 6-3 are violated, may appeal to the County Governor. The complaint is sent to the person who has made the individual decision or decision.
The patient or representative of the patient who believes that the provision in section 2-1 b fifth paragraph has not been complied with, may appeal to a complaints board appointed by the Ministry. The Complaints Board shall have five members. The leader must be a lawyer. The Ministry appoints members and their personal deputies for two years at a time. Members and deputies may be re-appointed.
Anyone who has complained to the Board of Appeal appointed in accordance with the second paragraph may bring the case before the courts when a decision by the Appeals Committee is available. Litigation is directed against the state by the Appeals Committee. In such cases, the state has general jurisdiction in Bergen. Litigation must be brought within six months from the time the decision of the Appeals Committee has reached the person concerned. However, litigation can in any case be raised when six months have passed since the first complaint was lodged, and it is not due to negligence on the part of the complainant that the committee's decision is not available.
When the deadlines after the third paragraph have expired without a lawsuit being raised, the decision has the same effect as a legally enforceable judgment.
The first paragraph applies correspondingly to others who believe they have not obtained their independent rights pursuant to Chapters 3 to 6 fulfilled.
The patient's or user's representative pursuant to the first and second paragraphs is the person who has the authority to complain on behalf of the patient or the user, or who has the consent competence in accordance with chapter 4. A proxy who is not a lawyer shall present a written authorization.
0 Amended by Laws 29 Aug 2003 no. 87 (ref. 1 Sep 2003 according to Res. 29 Aug 2003 no. 1092 ), 12 Dec 2003 no. 110 (cf. 1 Sep 2004 according to Res. 19 March 2004 no. 540 ) , June 24, 2011 no. 30 (dated Jan 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ), Dec. 11, 2015 no. 97 (dated 15 Sep 2016 according to Dec. 17 June 2016 no. 727 ), 11 Dec. 2015 no. 97 (cf. Nov. 1, 2016 for new third and fourth paragraphs according to Res. June 17, 2016 no. 727 ), Dec. 18, 2015 no. 121 (cf. July 1, 2018 according to Res. April 6, 2018 no. 553 ).
§ 7-3. Form and content of the complaint
Appeals to the County Governor must be in writing. The complaint must be signed by the patient or the user or the person representing the patient or user. The complaint should mention the issue that it is complaining about and provide information that may be of importance for the processing of the complaint. If the complaint contains errors or deficiencies, the County Governor sets a short deadline for correction or completion.
0 Amended by laws 29 Aug 2003 no. 87 (ref. 1 Sep 2003 according to Res. 29 Aug 2003 no. 1092 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 7-4. Request for assessment of possible breach of duty
The patient, the user, or anyone else who is entitled to it, may ask the supervisory authority for an assessment if he or she considers provisions on obligations laid down in or pursuant to the Health Personnel Act, the Specialist Health Services Act, the Health and Care Services Act and the Dental Health Service Act have been breached to the detriment of him or her or he acts on behalf of. Corresponding rights apply to the next of kin of a deceased patient or user and to the next of kin of a patient or user over 18 years of age without consent competence.
The supervisory authority may, if necessary, impose an administrative response pursuant to Chapter 11 of the Health Personnel Act, request a prosecution pursuant to section 67 of the Health Personnel Act and issue orders for activities pursuant to Section 5 of the Norwegian Health Inspection Act and Section 7-1 of the Specialist Health Services Act.
0 Amended by Laws of Dec. 21, 2000 No. 127 (cf. Jan. 1, 2001 according to Res. Dec. 21, 2000 no. 1359 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) , June 7, 2013 no. 29 (cf. Jan. 1, 2014 according to Res. Dec. 6, 2013 no. 1398 ). Amended by Act of June 16, 2017 no. 55 (no. From the time the King decides).
§ 7-4 a. Case processing by request for assessment of breach of duty
The County Governor shall assess the views expressed in the request pursuant to section 7-4, first paragraph, and may also address issues that are not affected in the request.
If the County Governor believes that a reaction should be imposed as mentioned in section 7-4, second paragraph, the case shall be sent to the Norwegian Board of Health. The first paragraph applies correspondingly to the consideration of the case by the Norwegian Board of Health.
The County Governor shall give the person who has made a request, access to relevant case documents and the opportunity to comment on these, as far as confidentiality does not prevent this. The same applies to cases where the Norwegian Board of Health deals with notifications pursuant to Section 3-3 a of the Health Services Act.
The Norwegian Board of Health Supervision or the County Governor shall give the person who has made a request, notification of the outcome of his / her consideration of the case and a brief justification for the result, as far as the duty of confidentiality does not prevent this.
The rules on complaint in this chapter do not apply to requests for assessment of breach of duty.
The Ministry may in regulations lay down more detailed provisions on the Norwegian Board of Health Supervision and the County Governor's case processing, including establishing rules on the deadline for submitting a request pursuant to paragraph here.
0 Added by law June 7, 2013 no. 29 (ref. January 1, 2014 pursuant to Dec. 6, 2013 no. 1398 ).
§ 7-5. Deadline for complaint
The deadline for appeals under section 7-2 is four weeks after the person concerned received or should have received sufficient knowledge to promote a complaint.
0 Amended by laws 29 Aug 2003 no. 87 (ref. 1 Sep 2003 according to Res. 29 Aug 2003 no. 1092 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 7-6. Application of the Public Administration Act
The rules of the Public Administration Act on the handling of complaints against individual decisions apply as far as they are appropriate, with the specific provisions that are given in this chapter. The county governor shall, when testing municipal decisions on health services, attach importance to the consideration of the municipal self-government when testing the free judgment. For other municipal decisions, the appeal body must attach great importance to the consideration of the municipal autonomy when testing the free judgment, cf. section 34, second paragraph, third sentence of the Public Administration Act.
The rules of the Public Administration Act on the handling of complaints apply insofar as they are appropriate for the appeal committee's handling of complaints, with the special provisions that are given in this chapter. The Ministry may issue further regulations on the Appeals Committee's organization and case processing.
0 Amended by Laws 29 Aug 2003 no. 87 (ref. 1 Sep 2003 according to Res. 29 Aug 2003 no. 1092 ), 12 Dec 2003 no. 110 (cf. 1 Sep 2004 according to Res. 19 March 2004 no. 540 ) , June 24, 2011 no. 30 (dated Jan. 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ), June 16, 2017 no. 63 (dated January 1, 2018 according to Res. June 16, 2017 no. 757 ). Amended by Act 15 Dec. 2017 No. 107 (cf. July 1, 2019 pursuant to Res. April 26, 2019 no. 541 ).
§ 7-7. Fulfillment of individual decisions that are known to be invalid
A municipality must fulfill a decision by a state administrative body that grants a private party the right to services under the law here, even if the municipality gets the decision known invalid through lawsuits pursuant to section 1-4 a of the dispute law. Decisions may, in cases as mentioned in the first sentence, only be reversed to the detriment of the private party pursuant to section 35, first paragraph, letter c, of the Public Administration Act, if it is invalid because the private party, or anyone acting on behalf of the private party, has deliberately or grossly negligently given incorrect information or withheld information.
0 Added by law June 16, 2017 no. 63 (cf. January 1, 2018 according to Res. June 16, 2017 no. 757 ). Amended by Act 15 Dec. 2017 No. 107 (cf. July 1, 2019 pursuant to Res. April 26, 2019 no. 541 ).
Chapter 8. Patient and user representative
0 The title was amended by Act No. 22 of August 22, 2008 (cf. Sep. 1, 2009 according to Res. 21 Aug 2009 no. 1102 ).
§ 8-1. Purpose
The patient and user representative shall work to safeguard the patient's and the user's needs, interests and legal certainty towards the state specialist health service and the municipal health and care service, and to improve the quality of these services.
0 Amended by Laws 22 Aug 2008 no. 74 (dated 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ), 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 8-2. Work area and responsibility for the scheme
The state must ensure that there is a patient and user representative in each county. The work area of the patient and user ombudsman includes state specialist health services and municipal health and care services.
The Ombud shall carry out his / her activities independently and independently.
0 Amended by Laws of 15 June 2001 no. 93 (No. 1 January 2002 pursuant to Res. Dec. 14, 2001 No. 1417 ), Aug. 22, 2008 No. 74 (cf. Sep. 1, 2009 pursuant to Res. 21 Aug 2009 no. 1102 ) , Dec. 18, 2009 no. 131 (cf. Jan. 1, 2010 according to Res. Dec. 18, 2009 no. 1584 ), June 24, 2011 no. 30(cf. Jan. 1, 2012 according to Dec. 16, 2011 no. 1252 ).
§ 8-3. Right to contact the patient and user representative
The patient and user ombudsman can take matters that concern matters in the state specialist health service and the municipal health and care service, up for consideration either on the basis of an oral or written inquiry or of their own initiative.
Anyone can turn to the patient and user representative and ask for a case to be considered. Anyone who approaches the patient and user representative has the right to remain anonymous.
0 Amended by Laws 22 Aug 2008 no. 74 (dated 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ), 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 8-4. Treatment of inquiries
The patient and user ombudsman decides whether an inquiry provides sufficient reason to address a case. If the patient and user ombudsman does not take the matter up for consideration, the person who has contacted must be informed and a brief justification for this.
0 Amended by Act of 22 August 2008 no. 74 (cf. 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ).
§ 8-5. Patient and user representative's right to receive information
Public authorities and other bodies performing services for the administration shall provide the Ombudsman with the information needed to perform the duties of the representative. The rules in Chapter 22 of the Dispute Act shall apply correspondingly to the Ombud's right to demand information.
0 Amended by Act June 17, 2005 No. 90 (cf. January 1, 2008 according to Res. Jan 26, 2007 no. 88 ) as amended by Act of January 26, 2007 No. 3 ,August 22, 2008 No. 74 (cf. . res. 21 August 2009 No.. 1102 ).
§ 8-6. Patient and user representative's access to the health and care service's premises
The patient and user representative shall have free access to all premises where state-owned specialist health services and municipal health and care services are provided.
0 Amended by Laws 22 Aug 2008 no. 74 (dated 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ), 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 8-7. The tasks of the patient and user representative
The patient and user ombudsman shall, to a reasonable extent, provide the person who requests it with information, advice and guidance on matters that fall under the Ombud's work area.
The Patient and User Ombudsman shall provide the person who has contacted the Ombud with notification of the outcome of his treatment of a case and a brief justification for the result.
The Patient and User Ombudsman has the right to express his or her opinion on matters that fall under the Ombud's work area, and to propose concrete measures for improvements. The patient and user representative decides for himself who the statements should be addressed. The statements are not binding.
The patient and user representative shall inform the supervisory authorities of conditions that these are required to follow up.
The patient and user representative shall ensure that the scheme is known.
0 Amended by Act of 22 August 2008 no. 74 (cf. 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ).
§ 8-8. regulations
The Ministry may issue regulations for the implementation and supplementation of the provisions on patient and user representatives.
0 Amended by Act of 22 August 2008 no. 74 (cf. 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ).
Chapter 9. Entry into force and amendments to other laws
§ 9-1. Commencement
This Act comes into force on the date 1 King. The King may decide that the individual provisions of the Act shall come into force at different times.
1 From January 1, 2001 according to the res. Dec. 1, 2000 no. 1198 with the exception of § 2-5, which was set aside. July 1, 2001 according to rest.June 8, 2001 no. 595.
§ 9-2. Changes to other laws
From the time the law comes into force, the following changes are made to other laws: -
Given LOV-1999-07-02-63
Department Ministry of Health and Care Services
Last changed LOV-2018-06-15-38 from 20.07.2018
Commencement 01.01.2001, 01.07.2001
corrected 06.08.2018 (§ 2-7 second paragraph)
Korttittel Patient and User Rights Act - pbrl
Chapter overview:
- Chapter 1. General provisions (Sections 1-1 - 1-3)
- Chapter 2. Right to health and care services and transport (§§ 2-1 - 2-8)
- Chapter 3. Right to participation and information (Sections 3-1 - 3-6)
- Chapter 4. Consent to health care (§§ 4-1 - 4-9)
- Chapter 4 A. Health care for patients without consent competence who oppose health care etc. (§§ 4A-1 - 4A-11)
- Chapter 5. Right to record access (sections 5-1 - 5-3)
- Chapter 6. Children's special rights (Sections 6-1 - 6-5)
- Chapter 7. Complaints etc. (§§ 7-1 - 7-7)
- Chapter 8. Patient and user representatives (§§ 8-1 - 8-8)
- Chapter 9. Entry into force and amendments to other laws (§§ 9-1 - 9-2)
The title of the Act was amended by Act of June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252).
Chapter 1. General provisions
§ 1-1. Purpose
The purpose of the Act is to help ensure the population equal access to quality services by providing patients and users with rights to the health and care services.
The Act's provisions shall contribute to promoting the trust relationship between patient and user and the health and care service, promoting social security and safeguarding respect for the individual patient's and user's life, integrity and human dignity.
0 Amended by Act June 24, 2011 No. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
§ 1-2. scope
The law applies to anyone who lives in the realm. The King may in regulations make exceptions to Chapter 2 of the Act for persons who are not Norwegian nationals or who do not have permanent residence in the realm.
The King provides regulations on the application of the Act on Svalbard and Jan Mayen and may lay down special rules taking into account the local conditions. To the extent determined by the King in regulations, the law applies to persons on Norwegian ships in foreign traffic, in Norwegian civil aircraft in international traffic and on installations and vessels in work on the Norwegian continental shelf.
§ 1-3. definitionsBy law here is meant
a. patient: a person who approaches the health and care service with a request for health care, or that the health and care service provides or offers health care in the individual case;
b. the patient's and the user's relatives: the patient or user states as relatives and the closest relatives. If the patient or user is unable to provide relatives, the closest relatives shall be the one who, to the greatest extent, has permanent and continuous contact with the patient or the user, nevertheless so that it is based on the following order: spouse, registered partner, persons who live in marriage-like or partnership-like cohabitation with the patient or user, children over the age of 18, parents or others who have parental responsibility, siblings over the age of 18, grandparents, other family members who are close to the patient or user, guardian or proxy with personal competence.
c. "health care" means actions which have preventive, diagnostic, therapeutic, health-conserving, rehabilitative or nursing and care purposes and which are performed by healthcare professionals;
d. health and care services: the municipal health and care service, the specialist health service, the dental service and private providers of health and care services;
e. health personnel: persons as mentioned in section 3 of the Health Personnel Act;
f. user: a person who requests or receives services covered by the Health and Care Services Act which is not health care according to letter c.
0 Amended by laws 30 June 2006 no. 45 (cf. January 1, 2007 pursuant to Res. Dec. 15, 2006 no. 1422 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) , March 26, 2010 no. 9 (cf. July 1, 2013 according to Res. April 5, 2013 no. 338 ) as amended by Act of 5 April 2013 no. 12 , June 16, 2017 no. 53 (cf. January 1, 2018 according to the res. 8 Dec 2017 No. 1951 ). Amended by Act of June 16, 2017 no. 55(no. From the time the King decides).
1 See Act 30 Apr 1993 No. 40 (rep.). Now look el. § 95.
Chapter 2. Right to health and care services and transport
0 The title was amended by the laws of November 28, 2003 no. 96 (cf. January 1, 2004), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
§ 2-1. (Repealed by law June 24, 2011 no. 30)
§ 2-1 a. Right to necessary assistance from the municipality's health and care service
Patient and user are entitled to immediate assistance from the municipality, cf. Section 3-5 of the Health and Care Services Act.
Patient and user are entitled to necessary health and care services from the municipality.
Patient and user are entitled to a worthy service offering in accordance with the Health and Care Services Act § 4-1 first paragraph, letter b.
The municipality shall provide the person who seeks or needs health and care services, the health and treatment information that he or she needs to safeguard his or her right.
The King may issue regulations containing further provisions on what shall be regarded as health and care services that the patient and user may be entitled to.
0 Added by Law 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ). Amended by Act of June 16, 2017 no. 55 (no. From the time the King decides).
§ 2-1 b. Right to necessary health care from the specialist health service
The patient is entitled to immediate health care, cf. Section 3-1 of the Specialist Health Services Act.
The patient is entitled to the necessary health care from the specialist health service. The specialist health service shall, during the assessment period, cf. the Patients' and User Rights Act 1 § 2-2 first paragraph, set a deadline for when the patient shall receive the necessary health care at the latest. The deadline shall be determined in accordance with the professional standards required. The regional health authorities can decide which institutions are to set a deadline when the patient is referred to interdisciplinary specialized treatment for substance abuse.
The health and care service shall provide the person who seeks or needs health care, the health and treatment information that he or she needs to safeguard his or her right.
If the regional health trust has not ensured that a patient with the right to necessary health care from the specialist health service receives the necessary health care within the time stipulated pursuant to the second paragraph, the patient is entitled to necessary health care without a stay, if necessary from private service providers or service providers outside the realm.
If the regional health enterprise cannot provide health care to a patient who has the right to necessary health care because there is no adequate offer in the realm, the patient is entitled to the necessary health care from the service provider outside the realm within the deadline laid down in the second paragraph.
The King may issue regulations containing further provisions on what shall be regarded as health care that the patient may be entitled to.
The Ministry may issue regulations containing further provisions on the determination of, and information on, the deadline for providing health care as mentioned in the second paragraph, including a deadline for when children and adolescents under the age of 23 with mental illness or substance dependence should receive the necessary health care at the latest. The Ministry may also issue regulations containing further provisions on the organization of, and settlement for, services the patient is entitled to receive from private service providers or service providers outside the realm according to the fourth paragraph.
The regional health authorities may decide that private enterprises that have an agreement with a regional health enterprise shall have the right to assess whether the patient has the right to necessary health care from the specialist health service and set a deadline for when the health care assistance must be given, cf. the second paragraph.
The Ministry may in regulations issue further provisions on which private enterprises shall have the right to assess whether the patient has the right to necessary health care from the specialist health service and set a deadline for when the health care assistance shall be given, cf. the second paragraph.
0 Added by law June 24, 2011 no. 30 (cf. Jan. 1, 2012 pursuant to Dec. 16, 2011 no. 1252 ), amended by laws June 21, 2013 no. 79 (cf. Nov. 1, 2015 according to Dec. 30, 2015 no. 1240 ), May 22, 2015 No. 32 (cf. Nov. 1, 2015 according to Dec. 30 Oct 2015 no. 1241 ).
1 Ie this law.
§ 2-1 c. Patient rights in the regular GP schemeAnyone who is resident in a Norwegian municipality has the right to be on the list with a doctor with a permanent appointment. The same applies to asylum seekers and their families when they are members of the National Insurance Scheme.
Individuals on the GP's list have the right to change their general practitioner until twice a year, and the right to get a new assessment of their health status with another doctor with a permanent appointment.
Rights in the first and second paragraphs do not apply in those municipalities where the duty to have a regular GP scheme is suspended pursuant to Section 3-2, third paragraph, of the Health and Care Services Act.
The Ministry may issue regulations containing more detailed provisions on the implementation and completion of the patient rights in the regular GP scheme, including on the placement of children on the list and the right to change the GP.
0 Added by law June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
§ 2-1 d. Right to user-controlled personal assistance
Persons under the age of 67 with long-lasting and great need for personal assistance pursuant to the Health and Care Services Act § 3-2 first paragraph no. 6 letter b have the right to have such services organized as user-controlled personal assistance. The court covers relief measures under the Health and Care Services Act § 3-6, first paragraph no. 2, for persons with parental responsibility for children living at home under the age of 18 with disabilities. Health services in relief measures are not covered.
The right does not include services that require more than one service provider present or night services, unless the user continuously needs such services.
By long-term need in the first paragraph is meant needs beyond 2 years.
By great need in the first paragraph is meant a service requirement of at least 32 hours per week. However, users with a service requirement of at least 25 hours per week have the right to receive services organized as user-controlled personal assistance, unless the municipality can document that such organization will entail a considerable increased cost for the municipality.
0 Added by law June 20, 2014 no. 41 (cf. January 1, 2015 according to Res. Nov. 14, 2014 no. 1406 ), amended by Act 2 June 2017 no. 34 (cf. Oct. 1, 2017).
§ 2-1 e. The right to stay in a nursing home or similar accommodation specially adapted for 24-hour services
Patient or user has the right to stay in a nursing home or similar residence specially adapted for 24-hour services if, after a health and care professional assessment, this is the only offer that can ensure the patient or the user necessary and adequate health and care services.
Patient or user who, with proper help, can live at home in anticipation of long-term stay in a nursing home or equivalent residence specially adapted for long-term services, but which meets the criteria for granting long-term stays according to the Health and Care Services Act § 3-2 a second paragraph, is entitled to a decision on this.
0 Added by law June 17, 2016 no. 45 (cf. July 1, 2016 pursuant to Res. June 17, 2016 no. 729 for the first paragraph, July 1, 2017 pursuant to Res. June 16, 2017 no. 745 for the second paragraph).
§ 2-1 f. Right to necessary dental care from the municipality's health and care service
0 Added by law June 16, 2017 no. 55 (no. From the time the King decides).
§ 2-2. Right to assessment
Patients who are referred to the specialist health service shall, within 10 working days after the referral is received by the specialist health service, receive information about whether they have the right to necessary health care, cf. section 2-1 b second paragraph. The assessment must be based on the reference. If a serious or life-threatening illness is suspected, the patient is entitled to a faster assessment. If the patient is considered to be entitled to the necessary health care, the patient shall at the same time be informed of the timing of when the investigation or treatment shall be initiated.
The time of commencement of investigation or treatment shall be set before the deadline for when necessary health care must be given at the latest, cf. section 2-1 b second paragraph. If the specialist health service cannot give the patient a time before the deadline for when necessary health care is to be given at the latest, or the time later must be changed so that the deadline is not complied with, the specialist health service shall immediately contact HELFO, cf. section 2-1 b fourth paragraph.
The patient must be informed of the right of appeal, the time limit for appeal and the more detailed procedure for complaint.
Referring body must be given the same information as the patient receives after the first and second paragraph.
The specialist health service can, without prejudice to the duty of confidentiality, provide necessary health information to HELFO if it is necessary to ensure that the patient receives the necessary health care within the proper time, cf. the second paragraph.
The Ministry may in regulations issue further provisions on the date according to the first paragraph and that certain patient groups shall be entitled to assessment more quickly than within 10 working days.
0 Amended by Act 12 Dec. 2003 No. 110 (cf. Sep. 1, 2004 according to Res. 19 March 2004 no. 540 ), Dec. 21, 2005 No. 125 (cf. Jan. 1, 2006 according to Res. Dec. 21, 2005 No. 1606 ) , 21 des 2007 no. 123 (ikr. January 1, 2008 acc. Res. 21 des 2007 no. 1574 ), 22 June 2012 no. 46 ,June 21, 2013 no. 79 (ikr. November 1, 2015 acc. Res. 30 Oct. 2015 no. 1240 ).
§ 2-3. Right to review
Upon referral from a general practitioner, the patient is entitled to a re-evaluation of his or her health status by the specialist health service. The court applies only once for the same condition. If there is a need for interdisciplinary specialized treatment for drug dependence, the right to renew assessment also applies after referral from the health and care service in the municipality and the social service.
0 Amended by Laws of 21 Dec 2007 no. 123 (cf. Jan. 1, 2008 according to Res. Dec. 21, 2007 no. 1574 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 )
.
§ 2-4. Right to free treatment choice
The patient has the right to choose which public or private business the reference should be assessed, cf. section 2-2. The patient can only choose companies that have the right to grant patient and user rights pursuant to § 2-1 b.
A patient who is entitled to the necessary health care from the specialist health service, cf. section 2-1 b, second paragraph, may choose by which public or private health care service shall be provided. The patient can only choose private business that either has an agreement with a regional health enterprise or is approved according to regulations pursuant to section 4-3 of the Specialist Health Services Act.
The patient cannot choose the treatment level.
For patients under compulsory observation or compulsory mental health care in accordance with Chapter 3 of the Mental Health Care Act, the right does not apply under the first and second paragraphs if this will be irresponsible or to a significant extent suited to weaken the purpose of the compulsory protection. The same applies to patients who are admitted to an institution pursuant to sections 10-2 and 10-3 of the Health and Care Services Act, if this will be irresponsible or to a considerable extent suited to weaken the purpose of the intake. The right after the first and second paragraph does not apply to the choice of center for drug-assisted rehabilitation in the specialist health service if this will be irresponsible or to a considerable extent suited to weaken the purpose of the treatment.
The Ministry may issue further regulations on the content and implementation of the right to vote pursuant to the provision here.
0 Amended by laws 12 Dec 2003 no. 110 (ikr. September 1, 2004 acc. Res. 19 March 2004 No.. 540 ), 30 June 2006 No.. 45 (ikr. January 1 2007 acc.Res. 15 Dec 2006 no. 1422 ) , 21 Dec 2007 no. 123 (ikr. January 1, 2008 acc. Res. 21 Dec 2007 no. 1574 ), 24 June 2011 No.. 30 (ikr. January 1, 2012 acc. Res. 16 Dec 2011 No.. 1252 ), 14 Dec. 2012 No. 86 (dated Jan 1, 2013 according to res. Dec. 14, 2012 No. 1210 ), June 21, 2013 No. 79(Dec. 1, 2014 according to Res. Aug 9, 2013 No. 969 ), May 22, 2015 No. 32 (see Nov. 1, 2015 according to.Res. Oct. 30, 2015 No. 1241 ), June 17, 2016 No. 48 (July 1, 2017 according to res. May 22, 2017 No. 622 ).
§ 2-5. Right to individual plan
Patients and users who need long-term and coordinated health and care services have the right to have an individual plan prepared in accordance with the provisions of the Health and Care Services Act, the Specialist Health Services Act and the Act on the establishment and implementation of mental health care.
0 Ikr. July 1, 2001 according to. Res. June 8, 2001 no. 595 , as amended by Act of June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec.16, 2011 no. 1252 ).
§ 2-5 a. Right to contact doctor
A patient who has serious illness, injury or suffering, and who needs treatment or follow-up of the specialist health service for a certain period, has the right to be appointed contact physician in accordance with the specialist health services Act § 2-5 c.
The Ministry may in regulations issue further provisions on which patient groups the right includes.
0 Added by law December 11, 2015 no. 97 (dated 15 Sep 2016 according to Res. June 17, 2016 no. 727 ).
§ 2-6. Coverage of patient travel expenses
The patient and the companion have the right to cover the necessary expenses when the patient must travel in connection with a health service covered by the specialist health service law and which is covered by an enterprise under the Health Insurance Act or which is covered by a free choice of treatment pursuant to Section 4-3 of the Specialist Health Services Act. The same applies to health services that are covered by Chapter 5 of the National Insurance Act and health services provided at the family protection office and health center. The Ministry may in regulations decide that the right to cover necessary expenses shall also apply when the patient must travel to and from another health service that is covered by the Health and Care Services Act.
Benefits are granted to cover travel expenses for the nearest place where the health service can be provided, unless otherwise stipulated in regulations issued pursuant to the fifth paragraph.
When calculating the benefit, a rate per kilometer set by the Ministry shall be used, regardless of whether the patient or companion has had actual expenses. If the patient travels for more than 300 kilometers one way, the tariff for the cheapest mode of transport using regular means of transport shall be used. If the patient's health condition makes it necessary to use a taxi or a car, or if there is no scheduled transport, the actual cost of the taxi and additional costs involved in using a car should be taken into account.
The right to cover expenses in accordance with the first paragraph shall lapse if the patient is offered transport by a carrier who has an agreement with the regional health enterprise or offers for free public transport. The right to cover expenses also falls to the extent that the expenses are covered by other legislation.
The Ministry may issue regulations on coverage of travel and subsistence expenses for patients and relatives and expenses for the necessary companion, including coverage of expenses for places other than the geographically nearest place, self-payment, minimum travel distance, driving allowance, right to cover actual travel expenses in special cases , payment of refunds and deadlines for submitting claims.
0 Added by law November 28, 2003 no. 96 (cf. January 1, 2004), amended by laws February 11, 2005 no. 8 (cf. March 1, 2005 pursuant to Res. February 11, 2005 no. 126 ), June 19, 2009 no. (ikr. January 1, 2010 acc. Res. 11 Dec 2009 No.. 1501 ), 22 May 2015 No.. 32 (ikr. November 1, 2015 acc. Res. 30 October 2015 No.. 1241 ), 19 June 2015 No.. 62 (ikr Oct 1, 2016 according to rest 16 Sep 2016 no .
§ 2-6 a. Recovery after incorrect payment
If benefits under section 2-6 have been paid to someone who was not entitled to it, the benefit may be claimed back if the recipient or someone who acted on behalf of the recipient understood or should have understood that the payment was due to a fault. The same applies if the person concerned has caused the payment by deliberate or negligent disclosure of incorrect or defective information.
Claims under the first paragraph shall be directed to the recipient of the error payment. If the claim is not covered by the recipient, it may be directed against someone who has acted on behalf of the recipient and who has shown intent or negligence pursuant to the first paragraph.
Requirements for repayment pursuant to the first and second paragraphs shall be submitted, unless special reasons speak against it. Among other things, emphasis is placed on the degree of negligence on the part of the party against whom the claim is directed, the amount of the wrongly paid amount, the length of time since the payment and whether the error is wholly or partly attributable to a regional health enterprise or an underlying business. The repayment requirement can be set as part of the wrongly paid amount. If the party to whom the claim is directed has acted intentionally, claims shall always be promoted, and the amount cannot be reduced.
Incorrect amounts received in good faith can be claimed back, limited to the amount retained when the recipient becomes aware of the error. When assessing whether this amount is to be recovered in whole or in part, emphasis is, inter alia, on the size of the wrongly paid amount, the length of time since the payment of the error and whether the recipient has settled in confidence in it.
Decisions on recovery under this section are compulsory grounds for disbursement. The requirement can be claimed by deductions in later coverage of expenses pursuant to § 2-6 with regulations, or be recovered in accordance with the rules in Act 11 January 2013 no. 3 on the Government Debt Collection Center. Claims are collected by the central government collection center, unless the Ministry decides otherwise.
In the event of a claim under the first and second paragraphs on the basis of intent or gross negligence on the part of the party against whom the claim is directed, an interest supplement of 10 per cent of the amount required shall be calculated.
0 Added by law June 19, 2015 no. 62 (Oct 1, 2016 according to Res. Sep 16, 2016 no. 1069 ).
§ 2-7. Application of the Public Administration Act
Chapters IV and V of the Public Administration Act apply to decisions made pursuant to section 2-6a, but not to other decisions pursuant to the chapter here.
For decisions on services under the Health and Care Services Act § 3-2 first paragraph no. 6 letters a to c, 3-6 and 3-8, which are expected to last longer than two weeks, the rules in the Administration Act, however, apply to Chapters IV and V with the special provisions that follow from the law here.
If there are several who simultaneously seek a service there is scarcity, they are not considered as parties in the same case. An applicant who believes that he has passed may not complain that someone else has received the benefit.
0 Added by Act 12 Dec. 2003 No. 110 (cf. Sep. 1, 2004 according to Res. March 19, 2004 no. 540 ), amended by laws June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 19, 2015 no. 62 (dated Oct. 1, 2016 according to Res. Sep 16, 2016 no. 1069 ),June 17, 2016 no. 45 (ref. July 1, 2017 according to Res. June 16, 2017 no. 745 ), June 2, 2017 No. 34 (Oct 1, 2017).
§ 2-8. Measures for particularly burdensome care tasks
Those who have particularly burdensome care work may require that the municipal health and care service make decisions that measures must be put in place to facilitate the care burden and what the measures in the case in question should consist of.
0 Added by law June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
Chapter 3. Right to participation and information
§ 3-1. Patient's or user's right to participation
Patient or user has the right to participate in the implementation of health and care services. Patients or users, among other things, have the right to participate in the choice between available and prudent service forms and examination and treatment methods. The form of participation must be adapted to the individual's ability to give and receive information. Children who are able to form their own views should be given information and heard. Emphasis shall be placed on what the child believes, in accordance with the child's age and maturity.
The service offering must, as far as possible, be designed in collaboration with the patient or user. Great emphasis shall be placed on what the patient or the user believes in the design of service offerings pursuant to sections 3-2 first paragraph no. 6, 3-6 and 3-8 of the Health and Care Services Act.
If the patient does not have consent competence, the patient's closest relatives have the right to cooperate with the patient.
If a patient or user wants other persons to be present when health and care services are provided, this shall as a general rule be met.
0 Amended by laws 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 16, 2017 no. 53 (cf. January 1, 2018 according to Res. Dec. 8, 2017 No. 1951 ) .
§ 3-2. Patient's and user's right to information
The patient must have the information that is necessary to gain insight into their health status and the content of the health care. The patient should also be informed of the possible risks and side effects.
Information shall not be given against the patient's expressed will, unless it is necessary to prevent the adverse effects of the health care, or it is determined in or pursuant to law.
Information may be omitted if it is urgently needed to prevent life or serious injury to the patient himself. Information may also be omitted if it is clearly inadvisable for persons close to the patient to provide such information.
If the patient or user is injured or has serious complications, the patient or user should be informed. It shall at the same time be informed of the right to seek compensation from the Norwegian Patient Injury Compensation, to contact the patient and user ombudsman and the right to request the supervisory authority for assessment of any breach of duty pursuant to section 7-4.
If the patient or user is injured or has serious complications, and the outcome is unexpected from the foreseeable risk, the patient or user should also be informed of what measures the health and care service will take to prevent a similar event from happening again.
If the injury or complication mentioned in the fifth paragraph is very serious, the patient or the user must be offered a meeting with the health and care service as soon as possible after the incident, and no later than ten days after the incident. Such meetings shall aim to provide the patient or the user with information according to the fourth and fifth paragraphs and answers to questions related to the incident and the subsequent follow-up of this. In case of death as a result of a serious incident, the next of kin must be offered a corresponding meeting.
If after the treatment is completed, it is discovered that the patient may have suffered significant damage as a result of the health care, the patient should, if possible, be informed of this.
Users should have the information necessary to gain sufficient insight into the service offering and to be able to safeguard their rights.
0 Amended by laws 24 June 2011 no. 30 (cf. Jan. 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ), June 7, 2013 no. 29 (cf. January 1, 2014 pursuant to Res. Dec. 6, 2013 no. 1398 ) , June 22, 2018 No. 76 , Dec. 15, 2017 No. 107 (July 1, 2018 according to Res. June 22, 2018 No. 948 ).
§ 3-3. Information for the closest relatives of the patient or user
If the patient or user consents to it or circumstances so dictate, the patient's or user's closest relatives must have information about the patient's or user's health status and the health care provided.
If the patient or user over the age of 16 and obviously cannot attend to his or her interests due to physical or mental disturbances, dementia or mental retardation, both the patient or the user and his / her immediate relatives have the right to information in accordance with the rules in § 3-2.
If a patient or user dies and the outcome is unexpected on the basis of foreseeable risk, the patient's or user's closest relatives have the right to information pursuant to § 3-2 fourth through sixth paragraph, so far as the duty of confidentiality does not prevent this.
0 Amended by laws 24 June 2011 no. 30 (cf. Jan. 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ), June 7, 2013 no. 29 (cf. January 1, 2014 pursuant to Res. Dec. 6, 2013 no. 1398 ) , June 16, 2017 No. 53 (Dec. 1, 2018 according to Res. Dec. 8, 2017 No. 1951 ), Dec. 15, 2017 No. 107(July 1, 2018 according to Res. June 22, 2018 No. 948 ).
§ 3-4. Information when the patient or user is under 18 years of age
If the patient or the user is under the age of 16, both the patient or the user and the parents or others who have the parental responsibility shall be informed.
If the patient or user is between 12 and 16 years of age, information shall not be given to the parents or others who have parental responsibility when the patient or the user does not want this for reasons that should be respected.
Regardless of the patient's or user's age, information should not be given to the parents or to others who have parental responsibility, if weighty considerations of the patient or user speak against it.
Information necessary to fulfill parental responsibility shall nevertheless be given to the parents or other persons having parental responsibility when the patient or user is under 18 years of age. The patient or user must be informed that the information is given.
If it may be appropriate to exclude information from the parents or others who have parental responsibility under the second or third paragraph, the patient or user shall be informed as early as possible of the right to information for the parents or others who have parental responsibility and exceptions to that right.
If the child welfare service has taken over the care of a patient or uses under the age of 18 under the Child Welfare Act § 4-6 second paragraph, § 4-8 or § 4-12, the first to fifth paragraph applies correspondingly to the child welfare service.
0 Amended by Act of 16 June 2017 No. 53 (cf. January 1, 2018 pursuant to Res. Dec. 8, 2017 No. 1951 ).
§ 3-5. Information form
The information should be adapted to the recipient's individual conditions, such as age, maturity, experience and cultural and language background. The information should be given in a considerate manner.
The personnel must as far as possible ensure that the recipient has understood the content and significance of the information.
Information about the information provided must be recorded in the patient's or user's journal.
0 Amended by laws 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 16, 2017 no. 53 (cf. January 1, 2018 according to Res. Dec. 8, 2017 No. 1951 ) .
§ 3-6. Right to protection against dissemination of information
Information on body and disease conditions as well as other personal information shall be processed in accordance with the applicable confidentiality provisions. The information should be treated with care and respect for the integrity of the information.
The duty of confidentiality ceases to the extent that the person who is entitled to silence agrees.
If health personnel make available information that is subject to statutory duty of disclosure, that information shall apply, insofar as circumstances dictate, that the information has been made available and what information it is about.
0 Amended by the Act of 15 June 2018 No. 38 (ref. July 20, 2018 pursuant to the announcement of July 17, 2018, no. 1195).
Chapter 4. Consent to health care
§ 4-1. Main rule of consent
Health care can only be provided with the patient's consent, unless there is statutory law or other valid legal basis for providing health care without consent. In order for the consent to be valid, the patient must have received the necessary information about his or her health status and the content of the health care.
The patient can withdraw their consent. If the patient withdraws the consent, the person providing the health care shall provide the necessary information about the importance of the health care being not given.
§ 4-2. Requirements for the form of consent
Consent may be given expressly or tacitly. Tacit consent is considered to exist if, based on the patient's behavior and circumstances, it is likely that she or he accepts the health care.
The Ministry may issue regulations on requirements for written or other formal requirements for certain forms of health care.
§ 4-3. Who has consent competence
Right to consent to health care has
a) persons over the age of 18, unless otherwise provided by § 4-7 or other special statutory provision
b) persons between the ages of 16 and 18, unless otherwise provided by special legislation or by the nature of the measure
c) persons between the ages of 12 and 16, in the case of health care for matters that the parents or others who have parental responsibility are not informed about, cf. section 3-4 second or third paragraph, or it follows from the nature of the measure.
Consent competence may be waived in whole or in part if, due to physical or psychological disturbances, senile dementia or mental retardation, the patient is clearly unable to understand what the consent is.
The person who provides health care determines whether the patient lacks the competence to consent pursuant to the second paragraph. Based on the patient's age, mental condition, maturity and experience background, the healthcare professional must make the conditions as best as possible for the patient to be able to consent to health care, cf. § 3-5.
A decision concerning lack of consent competence shall be justified and in writing, and, if possible, immediately presented to the patient and his immediate relatives. If the patient is missing the next of kin, the decision must be submitted to other qualified health personnel.
Examination and treatment of mental disorders in persons who lack the consent competence under the second paragraph and who have or are believed to have a serious mental disorder or oppose the health care can only take place on the basis of Chapter 3 of the mental health legislation.
According to section 3-4, third paragraph, that information shall not be given to the parents or others who have parental responsibility and the person is under 12, the person who provides health care can make a decision on health care that is strictly necessary and which is not intrusive with scope and duration. Such a decision can only be taken for a limited period until consent can be obtained.
0 Amended by laws 30 June 2006 no. 45 (cf. Jan. 1, 2007 pursuant to Res. Dec. 15, 2006 no. 1422 ), Dec. 19, 2008 no. 109 (cf. Jan. 1, 2009 according to Res. Dec. 19, 2008 no. 1444 ) , March 26, 2010 no. 9 (cf. July 1, 2013 according to Res. April 5, 2013 no. 338 ) as amended by Act of 5 April 2013 no. 12 , June 16, 2017 no. 53 (cf. January 1, 2018 according to the res. 8 Dec 2017 No. 1951 ).
§ 4-4. Consent on behalf of children
The parents or others who have parental responsibility have the right to consent to health care for patients under the age of 16. However, this does not apply to patients between the ages of 12 and 16 who can consent pursuant to § 4-3, first paragraph, letter c.
It is sufficient that one of the parents, or others who have parental responsibility, consents to health care which is considered part of the day-to-day and ordinary care of the child, cf. sections 37 and 42, second paragraph, of the Children's Act. For a parent, this applies regardless of whether the person has parental responsibility for the child. In case of vaccination after the childhood vaccination program, however, the person who is to consent must have parental responsibility for the child.
It is sufficient that one of the parents, or others who have parental responsibility, consents to health care that qualified health personnel believe is necessary for the child not to be injured. Before such health care is provided, both parents, or others who have parental responsibility, should as far as possible have their say. A decision on such health care may be appealed to the County Governor in accordance with Chapter 7. The County Governor may decide that the health care shall be terminated until a decision has been made on the basis of a complaint from the other parent or others who have parental responsibility.
If the child welfare service has taken over the care of a child under the age of 16 according to the Child Welfare Act § 4-6 second paragraph, § 4-8 or § 4-12, the child welfare service has the right to consent to health care.
When the child reaches the age of 7, and when a younger child is able to form their own views on what the consent is about, the parents, others who have parental responsibility or the child welfare service shall provide the child with information and the opportunity to state their opinion before deciding questions about consenting to health care. Emphasis shall be placed on what the child believes, in accordance with the child's age and maturity. If the child reaches the age of 12, great emphasis shall be placed on what the child thinks.
0 Amended by promise June 30, 2006 no. 45 (ikr. January 1, 2007 acc. Res. 15 des 2006 no. 1422 ), 9 April 2010 no. 13 (ikr. May 1 2010 acc. Res. 9 April 2010 no. 500 ) , June 24, 2011 no. 30 (ikr. January 1 2012 acc. Res. 16 des 2011 no. 1252 ), 16 June 2017 no. 53 (ikr. January 1, 2018 acc.res. 8 des 2017 no. 1951 ).
§ 4-5. Consent on behalf of youth who do not have consent competence
Parents or others with parental responsibility have the right to consent to health care for patients between the ages of 16 and 18 who do not have consent competence.
If the child welfare service has taken over the care of children between the ages of 16 and 18 according to the Child Welfare Act § 4-8 or § 4-12, the child welfare service has the right to consent to health care.
Health care cannot be given if the patient opposes this, unless otherwise provided by special legislation.
§ 4-6. About patients over the age of 18 who do not have consent competence
If a patient over the age of 18 does not have consent competence pursuant to section 4-3, second paragraph, the person who provides health care can make a decision on health care that is of a non-invasive nature with respect to scope and duration.
Health care that involves a serious intervention for the patient may be given if it is considered to be in the patient's interest, and it is likely that the patient would have given permission for such assistance. Where possible, information should be obtained from the patient's closest relatives about what the patient would have wanted. Such health care can be decided by the person responsible for the health care, after consultation with other qualified health personnel. It should be stated in the journal what the patient's closest relatives have stated, and what other qualified health personnel have had of perceptions.
Health care under the first and second paragraphs cannot be given if the patient opposes this, unless otherwise provided by special legislation.
0 Amended by Laws of Dec. 22, 2006 No. 99 ( No. 1 May 2008 pursuant to Res. Apr 4, 2008 no. 323 ), March 26, 2010 no. 9 (ref. July 1, 2013 pursuant to Res. April 5, 2013 No. 338 ) as amended by Act 5 Apr 2013 no. 12 .
§ 4-6 a. Use of notification and location technology
The health and care service may make decisions on the use of technical facilities for notification and localization as part of health and care services to patients or users over the age of 18 who do not have consent competence. Use of medical technical equipment for notification is regulated by § 4-6. The rules in § 4-1 to § 4-3 apply correspondingly to the assessment of the consent competence of the user.
The measure must be necessary to prevent or limit the risk of injury to the patient or the user and should be in the patient's or user's interest. Among other things, emphasis shall be placed on whether the measure is in reasonable proportion to the relevant risk, whether the measure appears to be the least invasive option, and whether it is likely that the patient or user would have given permission for the measure. Where possible, information from the patient's or user's closest relatives should be obtained about what the patient or user would have wanted.
This provision will not apply if the patient or user opposes the measure.
0 Added by law June 14, 2013 no. 36 (cf. Sep. 1, 2013 according to Res. June 14, 2013 no. 637 ).
§ 4-7. About patients who are deprived of legal capacity in the personal area
Patients who are deprived of legal capacity in the personal area pursuant to section 22, third paragraph, of the Danish Maritime Insurance Act, shall as far as possible themselves consent to health care. If this is not possible, the guardian may consent on behalf of the patient.
0 Amended by Act of 26 March 2010 no. 9 (cf. July 1, 2013 pursuant to Res. April 5, 2013 no. 338 ) as amended by Act of 5 April 2013 No. 12 .
§ 4-8. (Repealed by Act 19 Dec 2008 no. 109.)
§ 4-9. The patient's right to refuse health care in special situations
Due to serious conviction, the patient has the right to refuse to receive blood or blood products or to refuse to interrupt an ongoing hunger strike.
A dying patient has the right to oppose life-prolonging treatment. If a dying patient is unable to pass on a treatment request, the health personnel shall fail to provide health care if the patient's closest relatives announce corresponding wishes, and the health personnel after an independent assessment finds that this is also the patient's wish and that the desire should obviously be respected.
Healthcare professionals must ensure that the patient referred to in the first and second paragraphs is over 18 years of age and is not deprived of legal capacity in the personal area, and that the person concerned is provided with satisfactory information and has understood the consequences for his or her own health at the time of the refusal of treatment.
0 Amended by Act of 26 March 2010 no. 9 (cf. July 1, 2013 pursuant to Res. April 5, 2013 no. 338 ) as amended by Act of 5 April 2013 No. 12 .
Chapter 4 A. Health care for patients without consent competence who oppose health care etc.
0 The chapter was added by Act of Dec. 22, 2006 No. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-1. Purpose
The purpose of the rules in this chapter is to provide the necessary health care to prevent significant health damage and to prevent and limit the use of force.
Health care must be arranged with respect for the individual's physical and mental integrity, and as far as possible be in accordance with the patient's self-determination.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-2. scope
The chapter will apply when health personnel provide health care to patients over the age of 16 who lack the consent competence, cf. Chapter 4, and who oppose the health care.
Examination and treatment of mental illness without their own consent can, however, only take place on the basis of the Act of 2 July 1999 No. 62 on mental health care.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-3. Access to providing health care that the patient opposes
Before health care can be provided as opposed to the patient, confidence-building measures must have been attempted, unless it is obviously pointless to try this.
If the patient maintains his or her resistance, or if the health care professional knows that he / she is likely to maintain his / her resistance, decisions on health care may be made if
a)A failure to provide health care can cause significant health damage to the patient, and
b)health care is considered necessary, and
c)the measures are in proportion to the need for health care.
Although the terms of the first and second paragraphs are fulfilled, health care can only be given where this, after an overall assessment, appears as the clearly best solution for the patient. In assessing whether such health care should be given, emphasis should be placed on, among other things, the degree of resistance and whether in the near future it can be expected that the patient will be able to regain his or her consent competence.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-4. Implementation of health care
If the conditions in § 4A-3 are fulfilled, health care can be performed with force or other measures to circumvent the patient's resistance.
The patient can, among other things, be admitted to a health institution and be held there if it is necessary to get the health care done.
If the legal conditions are fulfilled, further warning and location systems with technical facilities and measures to prevent movement such as belts and the like can be used.
The health service must be assessed on an ongoing basis and discontinued as soon as the conditions of the Act are no longer present. In particular, emphasis should be placed on whether the health care system proves to have the desired effect, or has unforeseen negative effects.
0 Added by Act of 22 Dec 2006 no. 99 (ikr. January 1, 2009 acc. Res. 24 October 2008 No.. 1140 ), amended by Law 14 June 2013 No.. 36 (ikr. September 1, 2013 acc. Res. 14 June 2013 No. 637 ).
§ 4A-5. Decision on health care that the patient opposes
Decisions on health care according to this chapter are made by the health personnel responsible for the health care. Decisions can only be made for up to one year at a time.
If the health service involves a serious intervention for the patient, a decision shall be made by the health personnel as mentioned in the first paragraph, after consultation with other qualified health personnel. In assessing what is a serious intervention for the patient, consideration shall be given, among other things, whether the measure involves intervention in the body, the use of prescription drugs and the degree of resistance. If the patient opposes the fact that the health care is carried out at the time of admission or withholding in a health institution, or opposes the use of measures to prevent movement, it shall always be regarded as serious intervention.
Decisions on examination and treatment include the care and care needed to conduct the examination and treatment. If the main purpose of the health care is care and care, a separate decision shall be made on this.
Where possible, information shall be obtained from the patient's closest relatives about what the patient would have wanted, before a decision pursuant to § 4A-5 first and second paragraphs is made.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-6. Information
The patient and the patient's closest relatives must be informed as soon as possible of decisions made pursuant to § 4A-5. Subsequent notification to the patient is nevertheless sufficient if the notification will entail a risk that the health care cannot be carried out.
The notification shall disclose the right to appeal and to comment on the matter.
A copy of the notification shall be sent to the person who has the overall professional responsibility for the health care. Furthermore, a copy of the decision pursuant to § 4A-5 shall be sent to the County Governor.
0 Added by law Dec. 22, 2006 no. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ), amended by law June 24, 2011 no. 30 (cf. January 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ).
§ 4A-7. Complaint
Decisions on health care under § 4A-5 may be appealed to the County Governor by the patient or the patient's closest relatives.
The provisions of section 7-3 apply correspondingly to complaints under the section here.
The deadline for complaining to the county governor is three weeks from when the person in question received or should have gained knowledge of the decision.
0 Added by law Dec. 22, 2006 no. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ), amended by laws June 24, 2011 no. 30 (cf. January 1, 2012 according to Res. Dec. 16, 2011 no. 1252 , June 22, 2012 No. 46 .
§ 4A-8. Review and subsequent verification
The County Governor may, on his own initiative, review decisions made pursuant to § 4A-5.
If a decision on health care after this chapter has not been appealed and the health care continues, the County Governor, when three months have passed since the decision was made, shall, on its own initiative, consider whether there is still a need for health care.
0 Added by law Dec. 22, 2006 no. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ), amended by law June 24, 2011 no. 30 (cf. January 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ).
§ 4A-9. Application of the Public Administration Act
The Public Administration Act applies insofar as it is appropriate for decisions pursuant to § 4A-5, with the special provisions that are given in this chapter.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
§ 4A-10. Domstolsprøving
Decisions in a complaint pursuant to § 4A-7 that involve admission and detention in an institution, or health care that extends over three months, may be brought before the court by the patient or the patient's closest relatives in accordance with the rules in law 17 June 2005 no. 90 on mediation and trial in civil disputes (the Dispute Act) Chapter 36. Correspondingly applies to the County Governor's decision on health care that involves admission and detention, or which extends over three months, cf. § 4A-8.
0 Added by law Dec. 22, 2006 no. 99 (cf. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ) as amended by Act 19 Dec. 2008 no. 109 , amended by Act 24 June 2011 no. 30 (no. 1 Jan 2012 according to Res. Dec. 16, 2011 no. 1252 ).
§ 4A-11. Regulations
The Ministry may issue more detailed rules on the implementation of the health assistance pursuant to this chapter and on the processing of cases, including which requirements shall be made for documentation of decisions on health care.
0 Added by law December 22, 2006 no. 99 (ref. January 1, 2009 according to Res. Oct. 24, 2008 no. 1140 ).
Chapter 5. Right to journal inspection
§ 5-1. Right to access journal
The patient and the user are entitled to access their journal with annexes and, according to a special request, are entitled to a copy, cf. Article 15 of the Personal Data Protection Regulation. The patient and the user have the right to a simple and concise explanation of the term or similar upon request.
The patient and the user may be denied access to information in the record if this is urgently needed to prevent the danger of life or serious health damage to the patient or the user himself, or access is clearly inadvisable for persons close to him.
A patient or user representative is entitled to access the information that the patient or user is denied access to, unless the representative is deemed unfit to do so. A doctor or lawyer cannot be denied access, unless there are special reasons for this.
The rules in § 3-3 and § 3-4 on the right of others to apply apply correspondingly to access to a journal.
Closest relatives have the right to access a journal after the death of a patient or user, unless special reasons speak against this.
The Ministry may in regulations issue further provisions on the right of access to a journal, including provisions on payment for copies.
0 Amended by laws 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 15, 2018 no. 38 (ref. July 20, 2018 pursuant to announcement July 17, 2018 no. 1195).
§ 5-2. Correction and deletion of journal
The patient, the user or the person to whom the information applies may require that the information in the medical record be corrected or deleted in accordance with the rules in section 42 of § 44 of the Health Personnel Act.
0 Amended by Act June 24, 2011 No. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
§ 5-3. Transfer and availability of journal
The patient and the user have the right to oppose the transfer and making available of a journal or information in a journal. The information can also not be transferred or made available if there is reason to believe that the patient or user would oppose it upon request. Transmission and making available can nevertheless occur if weighty reasons speak for it. Transmission and disclosure of a journal or information in the journal shall be in accordance with the provisions of the Health Personnel Act.
0 Amended by laws 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ), June 15, 2018 no. 38 (ref. July 20, 2018 pursuant to announcement July 17, 2018 no. 1195).
Chapter 6. Children's special rights
§ 6-1. Children's right to health control
Children have the right to necessary health care also in the form of health checks in the municipality where the child lives or temporarily resides, cf. Section 3-2 of the Health and Care Services Act.
The parents are obliged to help the child participate in health control.
0 Amended by Act June 24, 2011 No. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ). Amended by Act of June 16, 2017 no. 55 (no. From the time the King decides).
§ 6-2.
Children's right to socialize with the parents in a health institutionChildren have the right to socialize with at least one of the parents or others with parental responsibility during their entire stay in a health institution, unless this is inadvisable for the sake of the child, or the right of access has lapsed according to the rules in the Children's Act or the Child Welfare Act.
§ 6-3. Children's right to activity in health institution
Children have the right to be activated and stimulated during their stay in a health institution, as far as this is justified by the child's health condition.
§ 6-4. Children's right to education in health institution
School-aged children have the right to education during their stay in a health institution, to the extent that this follows from the Education Act.
Young people are entitled to education during their stay in a health institution, to the extent that this follows from the Education Act.
Preschool children are entitled to special educational assistance during their stay in a health institution, to the extent that this follows from the Education Act.
0 Amended by Act No. 21 Dec. 2000 No. 127 (cf. Jan. 1, 2001 according to Res. Dec. 21, 2000 no. 1359 ).
§ 6-5. Children's party rights
A child can act as a party to a case and apply party rights if it has reached the age of 12 and understands what the case concerns. In a case involving measures against addicts under the age of 18, cf. Chapter 10 of the Health and Care Services Act, the child shall always be regarded as a party.
0 Added by law June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ).
Chapter 7. Complaints etc.
0 The title was amended by Act of December 11, 2015 no. 97 (dated September 15, 2016 pursuant to Res. June 17, 2016 no. 727 ).
§ 7-1. (Repealed by law June 24, 2011 no. 30)
§ 7-2. Complaint etc.
Patients or users or their representative who believes that the provisions of chapters 2, 3 and 4, as well as § 5-1, § 6-2 and § 6-3 are violated, may appeal to the County Governor. The complaint is sent to the person who has made the individual decision or decision.
The patient or representative of the patient who believes that the provision in section 2-1 b fifth paragraph has not been complied with, may appeal to a complaints board appointed by the Ministry. The Complaints Board shall have five members. The leader must be a lawyer. The Ministry appoints members and their personal deputies for two years at a time. Members and deputies may be re-appointed.
Anyone who has complained to the Board of Appeal appointed in accordance with the second paragraph may bring the case before the courts when a decision by the Appeals Committee is available. Litigation is directed against the state by the Appeals Committee. In such cases, the state has general jurisdiction in Bergen. Litigation must be brought within six months from the time the decision of the Appeals Committee has reached the person concerned. However, litigation can in any case be raised when six months have passed since the first complaint was lodged, and it is not due to negligence on the part of the complainant that the committee's decision is not available.
When the deadlines after the third paragraph have expired without a lawsuit being raised, the decision has the same effect as a legally enforceable judgment.
The first paragraph applies correspondingly to others who believe they have not obtained their independent rights pursuant to Chapters 3 to 6 fulfilled.
The patient's or user's representative pursuant to the first and second paragraphs is the person who has the authority to complain on behalf of the patient or the user, or who has the consent competence in accordance with chapter 4. A proxy who is not a lawyer shall present a written authorization.
0 Amended by Laws 29 Aug 2003 no. 87 (ref. 1 Sep 2003 according to Res. 29 Aug 2003 no. 1092 ), 12 Dec 2003 no. 110 (cf. 1 Sep 2004 according to Res. 19 March 2004 no. 540 ) , June 24, 2011 no. 30 (dated Jan 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ), Dec. 11, 2015 no. 97 (dated 15 Sep 2016 according to Dec. 17 June 2016 no. 727 ), 11 Dec. 2015 no. 97 (cf. Nov. 1, 2016 for new third and fourth paragraphs according to Res. June 17, 2016 no. 727 ), Dec. 18, 2015 no. 121 (cf. July 1, 2018 according to Res. April 6, 2018 no. 553 ).
§ 7-3. Form and content of the complaint
Appeals to the County Governor must be in writing. The complaint must be signed by the patient or the user or the person representing the patient or user. The complaint should mention the issue that it is complaining about and provide information that may be of importance for the processing of the complaint. If the complaint contains errors or deficiencies, the County Governor sets a short deadline for correction or completion.
0 Amended by laws 29 Aug 2003 no. 87 (ref. 1 Sep 2003 according to Res. 29 Aug 2003 no. 1092 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 7-4. Request for assessment of possible breach of duty
The patient, the user, or anyone else who is entitled to it, may ask the supervisory authority for an assessment if he or she considers provisions on obligations laid down in or pursuant to the Health Personnel Act, the Specialist Health Services Act, the Health and Care Services Act and the Dental Health Service Act have been breached to the detriment of him or her or he acts on behalf of. Corresponding rights apply to the next of kin of a deceased patient or user and to the next of kin of a patient or user over 18 years of age without consent competence.
The supervisory authority may, if necessary, impose an administrative response pursuant to Chapter 11 of the Health Personnel Act, request a prosecution pursuant to section 67 of the Health Personnel Act and issue orders for activities pursuant to Section 5 of the Norwegian Health Inspection Act and Section 7-1 of the Specialist Health Services Act.
0 Amended by Laws of Dec. 21, 2000 No. 127 (cf. Jan. 1, 2001 according to Res. Dec. 21, 2000 no. 1359 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) , June 7, 2013 no. 29 (cf. Jan. 1, 2014 according to Res. Dec. 6, 2013 no. 1398 ). Amended by Act of June 16, 2017 no. 55 (no. From the time the King decides).
§ 7-4 a. Case processing by request for assessment of breach of duty
The County Governor shall assess the views expressed in the request pursuant to section 7-4, first paragraph, and may also address issues that are not affected in the request.
If the County Governor believes that a reaction should be imposed as mentioned in section 7-4, second paragraph, the case shall be sent to the Norwegian Board of Health. The first paragraph applies correspondingly to the consideration of the case by the Norwegian Board of Health.
The County Governor shall give the person who has made a request, access to relevant case documents and the opportunity to comment on these, as far as confidentiality does not prevent this. The same applies to cases where the Norwegian Board of Health deals with notifications pursuant to Section 3-3 a of the Health Services Act.
The Norwegian Board of Health Supervision or the County Governor shall give the person who has made a request, notification of the outcome of his / her consideration of the case and a brief justification for the result, as far as the duty of confidentiality does not prevent this.
The rules on complaint in this chapter do not apply to requests for assessment of breach of duty.
The Ministry may in regulations lay down more detailed provisions on the Norwegian Board of Health Supervision and the County Governor's case processing, including establishing rules on the deadline for submitting a request pursuant to paragraph here.
0 Added by law June 7, 2013 no. 29 (ref. January 1, 2014 pursuant to Dec. 6, 2013 no. 1398 ).
§ 7-5. Deadline for complaint
The deadline for appeals under section 7-2 is four weeks after the person concerned received or should have received sufficient knowledge to promote a complaint.
0 Amended by laws 29 Aug 2003 no. 87 (ref. 1 Sep 2003 according to Res. 29 Aug 2003 no. 1092 ), June 24, 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 7-6. Application of the Public Administration Act
The rules of the Public Administration Act on the handling of complaints against individual decisions apply as far as they are appropriate, with the specific provisions that are given in this chapter. The county governor shall, when testing municipal decisions on health services, attach importance to the consideration of the municipal self-government when testing the free judgment. For other municipal decisions, the appeal body must attach great importance to the consideration of the municipal autonomy when testing the free judgment, cf. section 34, second paragraph, third sentence of the Public Administration Act.
The rules of the Public Administration Act on the handling of complaints apply insofar as they are appropriate for the appeal committee's handling of complaints, with the special provisions that are given in this chapter. The Ministry may issue further regulations on the Appeals Committee's organization and case processing.
0 Amended by Laws 29 Aug 2003 no. 87 (ref. 1 Sep 2003 according to Res. 29 Aug 2003 no. 1092 ), 12 Dec 2003 no. 110 (cf. 1 Sep 2004 according to Res. 19 March 2004 no. 540 ) , June 24, 2011 no. 30 (dated Jan. 1, 2012 according to Res. Dec. 16, 2011 no. 1252 ), June 16, 2017 no. 63 (dated January 1, 2018 according to Res. June 16, 2017 no. 757 ). Amended by Act 15 Dec. 2017 No. 107 (cf. July 1, 2019 pursuant to Res. April 26, 2019 no. 541 ).
§ 7-7. Fulfillment of individual decisions that are known to be invalid
A municipality must fulfill a decision by a state administrative body that grants a private party the right to services under the law here, even if the municipality gets the decision known invalid through lawsuits pursuant to section 1-4 a of the dispute law. Decisions may, in cases as mentioned in the first sentence, only be reversed to the detriment of the private party pursuant to section 35, first paragraph, letter c, of the Public Administration Act, if it is invalid because the private party, or anyone acting on behalf of the private party, has deliberately or grossly negligently given incorrect information or withheld information.
0 Added by law June 16, 2017 no. 63 (cf. January 1, 2018 according to Res. June 16, 2017 no. 757 ). Amended by Act 15 Dec. 2017 No. 107 (cf. July 1, 2019 pursuant to Res. April 26, 2019 no. 541 ).
Chapter 8. Patient and user representative
0 The title was amended by Act No. 22 of August 22, 2008 (cf. Sep. 1, 2009 according to Res. 21 Aug 2009 no. 1102 ).
§ 8-1. Purpose
The patient and user representative shall work to safeguard the patient's and the user's needs, interests and legal certainty towards the state specialist health service and the municipal health and care service, and to improve the quality of these services.
0 Amended by Laws 22 Aug 2008 no. 74 (dated 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ), 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 8-2. Work area and responsibility for the scheme
The state must ensure that there is a patient and user representative in each county. The work area of the patient and user ombudsman includes state specialist health services and municipal health and care services.
The Ombud shall carry out his / her activities independently and independently.
0 Amended by Laws of 15 June 2001 no. 93 (No. 1 January 2002 pursuant to Res. Dec. 14, 2001 No. 1417 ), Aug. 22, 2008 No. 74 (cf. Sep. 1, 2009 pursuant to Res. 21 Aug 2009 no. 1102 ) , Dec. 18, 2009 no. 131 (cf. Jan. 1, 2010 according to Res. Dec. 18, 2009 no. 1584 ), June 24, 2011 no. 30(cf. Jan. 1, 2012 according to Dec. 16, 2011 no. 1252 ).
§ 8-3. Right to contact the patient and user representative
The patient and user ombudsman can take matters that concern matters in the state specialist health service and the municipal health and care service, up for consideration either on the basis of an oral or written inquiry or of their own initiative.
Anyone can turn to the patient and user representative and ask for a case to be considered. Anyone who approaches the patient and user representative has the right to remain anonymous.
0 Amended by Laws 22 Aug 2008 no. 74 (dated 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ), 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 8-4. Treatment of inquiries
The patient and user ombudsman decides whether an inquiry provides sufficient reason to address a case. If the patient and user ombudsman does not take the matter up for consideration, the person who has contacted must be informed and a brief justification for this.
0 Amended by Act of 22 August 2008 no. 74 (cf. 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ).
§ 8-5. Patient and user representative's right to receive information
Public authorities and other bodies performing services for the administration shall provide the Ombudsman with the information needed to perform the duties of the representative. The rules in Chapter 22 of the Dispute Act shall apply correspondingly to the Ombud's right to demand information.
0 Amended by Act June 17, 2005 No. 90 (cf. January 1, 2008 according to Res. Jan 26, 2007 no. 88 ) as amended by Act of January 26, 2007 No. 3 ,August 22, 2008 No. 74 (cf. . res. 21 August 2009 No.. 1102 ).
§ 8-6. Patient and user representative's access to the health and care service's premises
The patient and user representative shall have free access to all premises where state-owned specialist health services and municipal health and care services are provided.
0 Amended by Laws 22 Aug 2008 no. 74 (dated 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ), 24 June 2011 no. 30 (cf. January 1, 2012 pursuant to Res. Dec. 16, 2011 no. 1252 ) .
§ 8-7. The tasks of the patient and user representative
The patient and user ombudsman shall, to a reasonable extent, provide the person who requests it with information, advice and guidance on matters that fall under the Ombud's work area.
The Patient and User Ombudsman shall provide the person who has contacted the Ombud with notification of the outcome of his treatment of a case and a brief justification for the result.
The Patient and User Ombudsman has the right to express his or her opinion on matters that fall under the Ombud's work area, and to propose concrete measures for improvements. The patient and user representative decides for himself who the statements should be addressed. The statements are not binding.
The patient and user representative shall inform the supervisory authorities of conditions that these are required to follow up.
The patient and user representative shall ensure that the scheme is known.
0 Amended by Act of 22 August 2008 no. 74 (cf. 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ).
§ 8-8. regulations
The Ministry may issue regulations for the implementation and supplementation of the provisions on patient and user representatives.
0 Amended by Act of 22 August 2008 no. 74 (cf. 1 Sep 2009 according to Res. 21 Aug 2009 no. 1102 ).
Chapter 9. Entry into force and amendments to other laws
§ 9-1. Commencement
This Act comes into force on the date 1 King. The King may decide that the individual provisions of the Act shall come into force at different times.
1 From January 1, 2001 according to the res. Dec. 1, 2000 no. 1198 with the exception of § 2-5, which was set aside. July 1, 2001 according to rest.June 8, 2001 no. 595.
§ 9-2. Changes to other laws
From the time the law comes into force, the following changes are made to other laws: -