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Russian version

The list of cases disclosing medical secrets without consent of the patient is officially expanded

Belarus has extended the list of cases where medical secrecy can be disclosed without consent of the  patient.

It is stipulated by the law "On amendments and additions to the Law of the Republic of Belarus" On health care ", which is now in force. It was adopted by the House of Representatives on May 21, 2014 and approved by the Council of the Republic on May 30.

Previously the supply of information , that was the part of medical secrecy, without the consent of the patient was allowed on the request of the Ministry of Health, health departments of regional executive committees and the Committee of Health of Minsk Executive Committee, at the request of health organizations for organizing health care to the patient or with the threat of the spread of infectious diseases, as well as on the written request of the prosecuting authorities and the court in connection with the inquiry or trial.

Under the new law, the list of cases when medical secrecy can be disclosed without the patient's consent,is amended.

In particular, the provision of this information is allowed:

  • at the written request of the insurance companies,
  • at the request of the local military command and control for the purpose of medical examination of citizens with the call to military service;
  • at the written request of the inquiry bodies in connection with the expertise to address the issue of a criminal case;
  • at the written request of the bodies of internal affairs on passing (or not passing) medical re-examinations of drivers of motor vehicles, self-propelled machines, occurrence of a disease or contraindications that prevent the management of motor vehicles, self-propelled machines, etc.

In Belarus, doctors are entitled to refuse to carry out abortions, redirecting the patient to another specialist. Under the law, medical specialist has the right to refuse to perform abortions, informing in writting the head of the organization of health care.

This is possible only if the refusal does not directly threatens life and (or) health of the woman. After receiving the written notice of the doctor the Head of Health Organization should organize another doctor for woman abortion. In addition, the law establishes the obligation of health care organizations to create conditions and to ensure that preabortion psychological counseling of a women seeking for abortion to be conducted.

Also, it sets some restrictions for male sterilization. Sterilization can be carried out in relation to the patient over the age of 35 years or a patient having at least two children, and in the presence of medical evidence and the written consent of an adult patient or his legal representative - irrespective of age and the presence of children. Sterilization is carried out in the absence of medical contraindications.

The law is supplemented with regulations for the medical advisory board, consisting of at least three medical specialists that are created for collegialreview and decision-making on issues of medical examinations, medical rehabilitation; assessing the quality of patient care; assessing the state of health of the patient for issuing  the conclusion of the medical  consultation commission ; solving other issues in health care.

It provides the right for health care organizations to create other commissions for the implementation of the functions assigned to them.

In conjunction with the new law on health care some resolutions and came into force  on December 27.

Belarus introduces the registration of biomedical cell products. It is specified by the Decree of the Council of Ministers dated November 28, 2014 №1120. According to the document, the certificate for the biomedical cell products registered in Belarus for the first time of domestic and foreign production will be issued for five years, and later, during the procedure of state registration confirmation will be issued a perpetuity registration certificate. When state registration of biomedical cell products manufactured at the enterprises or in separate divisions, which are in different countries, the registration certificate is issued for a cellular biomedical products made in each of these countries. And if there are several kinds and types there will be issued one  registration certificate for biomedical cellular product with a list of all kinds and types.

Ministry of Health Decree №88 dated December 10, 2014 narrowed the list of medical indications for the artificial termination of pregnancy. For example, of heart defects are removed from the list, instead of severe diabetes it refers to diabetes classes F, R, F-R, T, and the status of clinical and metabolic decompensation with the first trimester of pregnancy. Also the item "Visual disturbances and blindness - a decrease of vision in both eyes below 0.05 diopters" and others are excluded.

In addition, the Decree came into force Ministry of Health №89 dated December 10, 2014. It establishes a list of medical indications and contraindications for sterilization.



Source Medical Bulletin