The (Norwegian) Patients' Rights Act

Act of 2. July 1999 no. 63 relating to Patients' Rights

CONTENTS

1 General provisions

§ 1-1 Objective

The objective of this Act is to contribute to ensuring the population equal access to health care of good quality by granting patients rights in their relations with the health service.

The provisions of this Act shall contribute to the promotion of a relationship based on trust between the patient and the health service while having respect for the individual patient’s life, integrity and human worth.

§ 1-2 Scope

This Act shall apply to all persons staying within the Realm. The King may in regulations make an exemption for persons who are not Norwegian citizens, or who are not staying permanently within the Realm.

The King stipulates regulations relating to the application of this act to Svalbard and Jan Mayen and may lay down special provisions out of regard for the local conditions. To the extent determined by the King in regulations, this Act shall apply to persons onboard Norwegian ships engaged in foreign trade, to Norwegian civil aircraft in international traffic and to installations and vessels at work on the Norwegian continental shelf.

§ 1-3 Definitions

For the purpose of this Act, the following terms shall mean:

  1. patient: person who contacts the health service, requesting health care, or whom the health service provides or offers health care in each individual case the patient’s next of kin: the person whom the patient’s names as his kin or next of kin.
  2. b) If the patient is incapable to name his next of kin, his next of kin shall be the person who to the greatest possible extent has had lasting and continuous contact with the patient. As a rule however, the following order should be observed: spouse, registered gay partner, a persons who lives with the patient and whose relationship with the patient resembles that of a marriage or a gay partnership, children who are of age, parents or others holding parental responsibility, siblings who are of age, grandparents, other family members who are close to the patient, guardian or supporting guardian
  1. health care: acts which have a preventive, diagnostic, therapeutic and health preserving effects carried out by health personnel for the purposes of rehabilitation care and nursing
  2. the health service: the primary health service, the specialist health service and the dental health service
  3. health personnel, persons mentioned in § 3 in the Act relating to health personnel

2 Right to health care

§ 2-1 Right to required health care

The patient is entitled to emergency medical services. The patient is entitled to receive required health care from the municipal health service.

The patient is entitled to receive required health care from the specialist health service. The health service shall give anyone who applies for or who needs health care the medical and treatment-related information he will need in order to safeguard his rights.

The right to health care only applies if the patient can be expected to benefit from the health care, and that the costs are reasonable compared to the expected effect that can be gained from the relevant medical measure.

The right to health care only applies to the publicly funded specialist health service within the Realm and other providers that the county municipality has entered into an agreement with relating to the provision of services and within the limits that capacity allows.

The King may lay down regulations relating to what shall be deemed to be health care which the patient may be entitled to, and the time limit for the implementation of such health care.

§ 2-2 Right to an evaluation

A patient who is referred to a public hospital or a specialist outpatient clinic is entitled to an evaluation of his medical condition within 30 workdays upon receipt of the referral. An evaluation of the need for health care shall be given, as well as information as to when the treatment is expected to be carried out. The evaluation shall be based upon the referral. If necessary, additional information may be obtained, or the patient may be called in for an examination.

Upon suspicion of a serious or life-threatening condition, the patient is entitled to a more rapid evaluation.

§ 2-3 Right to a re-evaluation

Upon referral from a general practitioner the patient is entitled to a re-evaluation of his medical condition carried by the specialist health service. This right only applies once for the same condition.

§ 2-4 Right to choose hospitals

The patient is entitled to choose which hospital or district centre for psychiatry shall be responsible for his treatment. This does not apply to treatment within the field of child and adolescent psychiatry.

The patient may not choose treatment level

§ 2-5 Right to an individual plan

A patient who has a need for long-term, co-ordinated health services, is entitled to have an individual plan set up in accordance with the provisions of the Act relating to the municipal health service, the Act relating to the specialist health service and the Act relating to the establishment and implementation of mental health care.

Not in force. (See Decree of 1 Dec. 2000, No. 1198).

3 Right to participation and information

§ 3-1 Patient’s right to participation

The patient is entitled to participate in the implementation of his medical treatment. This includes the patient’s right to choose between available and medically sound methods of examination and treatment. The form of participation shall be adjusted according to the individual patient’s ability to give and receive information.

If the patient is not capable of giving an informed consent, the patient’s next of kin is entitled to participate together with the patient.

If the patient wants other persons to be present while health care is given, his wishes shall in as far as possible, be granted.

§ 3-2 Patient’s right to be informed

The patient shall have the information that is required in order for him to gain insight into his medical condition and the contents of the medical treatment given to him. The patient shall also be informed of possible risks and side effects involved.

Information shall not be given against the expressed will of the patient, unless it is necessary in order to prevent harmful affects due to the health care given, or it is determined in or pursuant to law.

Information may be omitted if it is absolutely necessary to prevent endangering the patient’s life, or to prevent serious damage to the patient’s health. Information may also be omitted if, due to persons who are close to the patient, it would be clearly inadvisable, to disclose such information.

If injury or serious complications are inflicted upon the patient, the patient shall be informed thereof. The patient shall at the same time be made aware of his right to apply for compensation through The Norwegian System of Compensation for Injuries to Patients.

If, after the treatment has been completed, it is discovered that the patient may have suffered considerable injury as a result of the health care rendered, the patient shall, if possible be informed thereof.

§ 3-3 Information to the patient’s next of kin

If the patient gives his consent thereto, or circumstances justifies it, the patient’s next of kin shall receive information relating to the patient’s medical condition and the treatment that is being provided.

If the patient is above 16 years of age and clearly incapable of managing his own affairs for reasons of physical or mental deficiencies or for reasons of mental retardation, both the patient and his next of kin are entitled to receive information pursuant to the provisions of  § 3-2.

§ 3-4 Information when the patient is a minor

If the patient is below 16 years of age, both patient and the parents or others holding the parental responsibility shall be informed.

If the patient is between 12 and 16 years of age, information shall not be given to the parents or others holding parental responsibility, when the patient for reasons that must be respected, clearly does not want this.

Information, that is necessary in order in order to fulfil the parental responsibility, shall however be given to the parents or others holding the parental responsibility if the patient is below 18 years of age.

If the children’s welfare service has taken over custody for a child below the age of 16 in accordance with § 4-12 of the Children’s Welfare Act, the first, second and third item shall apply correspondingly to the children’s welfare service.

§ 3-5 Formal requirements relating to information

The information shall be adjusted according to the individual capabilities of the recipient such as age, maturity and experience as well as well as cultural and lingual background. The information shall be given in a kind, caring manner.

Health personnel shall as far as possible ensure that the patent has understood the contents and meaning of the information that has been passed on to him.

An entrance relating to the information that has been given shall be made in the patient’s medical records.

§ 3-6 Right to protection against the spreading of information

Medical and health-related information as well as other types of personal information shall be treated in accordance with the current provisions relating to confidentiality. The relevant information shall be treated with caution and respect for the integrity of the person whom the information concerns.

The principle of confidentiality will cease to apply to the extent to which the person who is entitled to such confidentiality gives his consent thereto.

If health personnel disclose information subject to statutory duty of disclosure, the person that the information relates to, shall, in as far as circumstances dictate be informed thereof, and of then nature of the information disclosed.

4 Consent to health care

§ 4-1 General rule relating to consent

Health care may only be given with the patient’s consent unless legal authority or other legal grounds exist which permit for health care to be rendered without consent. In order for the consent to be valid, the patient must have received the necessary information about his medical condition and the contents of the health care.

The patient may withdraw his consent. If the patient withdraws his consent, the health care provider shall give the necessary information as to the consequences if the health care is not given.

§ 4-2 Formal requirements relating to consent

Consent may be granted expressly or implicitly. Implied consent is considered to be present if, based on the patient’s actions or circumstances in general; it can be assumed that he accepts the health care.

The Ministry may lay down regulations stipulating that consent shall be given in the written form, or lay down other form requirements in relation to certain types of health care

§4-3 Who has the he right to consent to health care

The following are entitled to grant consent to health care:

  • a) persons who are of age unless special provisions dictate otherwise
  • b) minors over 16 years of age unless special provisions or the nature of the measure dictate otherwise

The ability to grant consent may cease to apply wholly or in part if the patient for reasons of physical or mental deficiencies, senile dementia or for reasons of mental retardation, is clearly incapable of understanding what the consent entails

The provider of health care shall determine if the patient lacks the ability to grant consent pursuant to item 2. Health personnel shall, based on the patient’s age, mental condition, maturity, experience and background, make an effort to ensure that the patient himself may consent to health care cf. §3-5.

A decision concerning the lack of ability to grant consent pursuant to item 2, shall state the reasons behind the decision, and shall be given in the written form. If possible, the decision shall immediately be presented to the patient and his next of kin. If the patient lacks next of kin the decision shall be presented to health personnel in accordance with § 4-8.

§ 4-4 Consent on behalf of children

The parents or others holding parental responsibility have the right to consent to health care for patients below 16 years of age.

If the Children Welfare Service has taken over the care of children below the age of 16 pursuant to the Children’s Welfare Act §4-8 or §4-12, the children’s welfare service has the right to consent to health care.

As the child develops and matures, the parents, others holding parental responsibility or the children’s welfare service, cf. item 2 shall listen to what the child has to say before consent is granted. When the child has reached 12 years of age, it shall be allowed to give its own opinion in all questions regarding its own health. Based on the child’s age and maturity, its opinion shall carry increasing weight.

§ 4-5 Consent on behalf of young people who are not competent to grant consent

The parents or others holding parental responsibility have the right to consent to health care for patients between 16-18 years of age who are not competent to grant consent

If the children’s welfare service has taken over the care of a child between 16-18 years of age pursuant to the Children’s Welfare Act §4-8 or §4-12, the children welfare service has the right to consent to health care.

Health care may not be given if the patient objects thereto, unless special provisions dictate otherwise.

§4-6 Consent on behalf of persons who are of age who are not competent to grant consent

If a patient who is of age is not competent to give consent, the health care provider may make decisions on health care that is of a less invasive nature with regard to extent and duration.

The patient’s next of kin may consent to health care that is not included under item 1. Other medical care may be given if its considered to be in the patient best interest, and it is considered likely that the patient would have granted his consent to such care. Information from the patient’s next of kin may be gathered in order to determine what the patient would have wanted

Health care in accordance with item 1 and 2 may not be given if the patient objects thereto, unless special provisions dictate otherwise.

§4-7 On patients who have been declared legally incapable

A patient, who has been declared legally incapable pursuant to the Act of 28 November 1898, shall to the greatest possible extent grant his consent to medical care by himself. If this is not possible, his guardian may grant consent on his behalf.

§ 4-8 On Patients who are not competent to grant consent, and who do not have next of kin

The health care provider may, in collaboration with other qualified health personnel, consent to health care for patients who lacks competence to grant consent, and who do not have next of kin.

§4-9 Patient’s right to refuse health care under special circumstances

The patient is entitled, due to serious conviction, to refuse to receive blood or blood products and to refuse to call off an ongoing hunger strike.

A dying patient is entitled to object to life-prolonging treatment. If a dying patient is incapable of communicating his wishes on treatment, the health personnel may withdraw health care if the patient’s next of kin state wishes corresponding thereto, if the health personnel, based on an independent evaluation, find that this corresponds with the patient’s wishes as well, and therefore should clearly be respected.

Health personnel must ensure that a patient as mentioned on item 1 and 2, is of age, and that he has been given adequate information and has understood the consequences to his own health upon refusing treatment.

5 Right of access to medical records

§ 5-1 Right of access to medical records

The patient is entitled to have access to his medical records with additional notes, and upon special request he is entitled to a copy. Upon request, the patient is entitled to a brief and simple explanation of medical terms etc.

The patient may be denied access to his medical records if this is absolutely necessary to prevent endangering the patient’s life, or to prevent serious damage to the patient’s health, or if access would be clearly inadvisable due to persons who are close to the patient.

A representative for the patient is entitled to access to information to which the patient is denied access, unless the representative is considered unfit thereto. A medical practitioner or lawyer may not be denied access, unless special grounds so indicate.

The provisions of §3-3 and §3-4 relating to the right of others to receive information shall apply correspondingly to access to medical records.

The Ministry may in regulations stipulate further regulations relating to the right of access to medical records, including provisions relating to payment for copies.

The next of kin is entitled to access to a patient‘s medical records following the patient’s death unless special reasons dictate otherwise.

§5-2 Correction and deletion of medical records

The patient or the person whom the information concerns may demand that information in medical records be corrected or deleted in accordance with the provisions of the Health Personnel Act §42 to §48.

§5-3 Transfer and release of medical records

The patient is entitled to object to the disclosure of his medical records or any information therein. Furthermore the information may not be disclosed if there is reason to believe that the patient would have objected if asked. Disclosure may still take place if exceptional grounds so dictate. Transfer and disclosure of medical records shall be carried out in accordance with the provisions of the Act relating to health personnel.

6 Special rights relating to children

§6-1 Children’s right to health control

Children are entitled to necessary medical care, also in the form of health control in the municipality where the child lives or stays temporarily, c.f. the Municipal Health Services Act § 2.2.

§ 6-2 Children’s right to be accompanied by their parents while staying in a medical institution

Children are entitled to be accompanied by at least one parent or others holding parental responsibility during their entire stay in a medical institution, unless, for the sake of the child this is inadvisable, or the right of contact has ceased to apply pursuant to the provisions of the Children’s Act or the Children’s Welfare Service Act.

§6-3 Children’s right to activity while staying in a medical institution

Children are entitled to be stimulated and to be engaged in activities during their stay in a medical institution to the extent that this is advisable from a medical point of view.

§6-4 Children’s right to tuition while staying in a medical institution

Children of compulsory school age are entitled to tuition while staying in a medical institution to the extent that this is in accordance with the Tuition Act

Young people are entitled to tuition while staying in a medical institution to the extent that this is in accordance with the Tuition Act

Pre-school children are entitled to special educational assistance while staying in a medical institution to the extent that this is in accordance with the Tuition Act

Amended by Act of 21 dec. 2000 no. 127 (in force 1 January 2001 pursuant to Decree of 21. Dec. 2000 No. 1359.

7 Complaint

§ 7-1 Request for performance

The patient or a representative for the patient who is of the opinion that the provisions of Chapter 2, 3 and 4, as well as §5-1, §6-2 and §6-3 have been breached, may make a request for performance of his rights to the health care provider.

Item I shall apply correspondingly to others who are of the opinion that their independent rights have been breached pursuant to Chapter 3-6.

The patient’s representative pursuant to item 1 is the one who has the authority to complain on behalf of the patient, or who is competent to grant consent, pursuant to chapter 4. If the person holding power of attorney is not a lawyer, he shall present a written authorisation.

§7-2 Complaint

If the health care provider rejects the request, or if he is of the opinion that the rights has already been performed, a complaint may be submitted to the county medical officer. The complaint shall be sent to the county medical officer.

The provisions of §7-1 shall apply correspondingly to complaints pursuant to this section.

§7-3 Contents and formal requirements for complaints

Complaints to the county medical officer shall be in writing. The complaint shall be signed by the patient or the patient’s representative. The complaint should mention the subject matter that is the cause for the complaint, and provide information that may be relevant for the consideration of the complaint. If the complaint contains mistakes or defects, the county medical officer will set a brief time limit for rectification and addition of information.

§7-4 Request for assessment of possible breach of duty

The patient or others entitled thereto may, if he is of the opinion that the provisions on duty laid down in or pursuant laid the Health Personnel Act have been breached in his disfavour, y request that the supervising authorities impose an administrative reaction on health personnel pursuant to chapter 11 of the Health Personnel Act. The provisions of this chapter do not apply to such requests.

Amended by Act of 21 dec. 2000 no. 127 (in force 1 January 2001 pursuant to Decree of 21. Dec. 2000).

§7-5 Period for submitting requests and complaints

The period for submitting requests pursuant to §7-1 is three weeks from the time when the relevant person received or should have received adequate information to lodge such a complaint. The period is interrupted when the complaint has been lodged.

The period for submitting requests to the county medical officer pursuant to §7-2 is three weeks from the time when the relevant person was informed or should have been informed of the outcome of the request.

§ 7-6 Application of the Public Administration Act

The provisions of the Public Administration Act relating to the handling of cases as independent decisions and complaints shall apply insofar that they are applicable to the cases relating to complaint handled by the county medical officer with the special provisions stipulated in this chapter.

8 The patient ombud

§ 8-1 Objective

The patient ombud shall work to safeguard patients’ rights, interests and legal rights in their relations to the health service and to improve the quality of the health service.

§8-2 Functions of and responsibility for the scheme

Every county municipality shall have a patient ombud. The functions of the patient ombud involve the specialist health service.

The ombud shall carry out his work independently.

§8-3 Right to contact the patient ombud

The patient ombud may handle cases concerning matters in the public specialist health service, either on the basis of an oral request, or written request or of his own accord.

Anyone may contact the patient ombud and request that a case be handled. Persons who contact the patient ombud are entitled to be anonymous.

§8-4 Handling of requests

The patient ombud shall by himself determine if a request provides adequate grounds for further handling. If the patient ombud decides not to handle the case, the person who made the request shall be notified thereof, and be given a brief explanation for this decision.

§ 8-5 Right of the patient ombud to obtain information

Public authorities and other bodies that provide services for the public administration shall give the ombud the required information in order for the ombud to carry out his tasks. The provisions of the Civil Procedure Act §204-209 shall apply correspondingly to the right of the patient ombud to demand information.

§ 8-6 The patient ombud’s access to the premises of the health services.

The patient ombud shall have access to all premises where public health services are being provided.

§ 8-7 Tasks of the patient ombud

To a reasonable extent, the patient ombud shall give anyone who requests it information advice and guidance in matters that are included in the work of the ombud.

The patient ombud is entitled to give his opinion on matters that are included in the work of the ombud, and to suggest concrete measures of improvement. The patient ombud himself shall decide whom these statements shall be directed to. The statements are not mandatory.

The patient ombud shall notify anyone who has made a request to the ombud of the outcome following the handling of a case, and a brief explanation of the result.

The patient ombud shall notify the supervising authorities on conditions where a follow-up by the authorities is required.

The patient ombud shall ensure that the scheme is made known.

§ 8-8 Regulations

The Ministry may issue regulations on the implementation of the provisions relating to the patient ombud and may also issue supplements to these provisions.

9 Entry into force and amendments to other Acts

§9-1 Entry into force

The Act shall enter into force from the time determined by the King. The King may determine that the various provisions of the Act shall enter into force at different times.

§9-2 Amendments to other Acts

From the time of entry into force of this Act, the following amendments shall be made to other Acts.

In force 1 January 2001 with the exception of § 2-5 pursuant to Decree of 1 dec. 2000, No. 1198.

 

 
Source: Norwegian Government: http://odin.dep.no/hd/engelsk/news/new_publ/030071-200002/index-dok000-b-n-a.html




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