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The practice of the medical profession according to the legislation of Romania and the procedure to be followed in case of disciplinary misbehavior of doctors

The practice of the medical profession according to the legislation of Romania and the procedure to be followed in case of disciplinary misbehavior of doctors

Dumitru Loredana Marlen,

By Dumitru Loredana Marlen,

Definitive Collaborating Lawyer, CA Luca Mihai-Cătălin

From latin medicine which means “the art of healing”, the notion of medicine continues to encompass to this day a very wide universe of knowledge dedicated to the study of the human body and the preservation of its health. Given the complexity of the knowledge required to practice such a profession, as well as its main purpose – namely to ensure health by recovering from illness, promoting, maintaining and recovering the health of the individual and the community – it can only be exercised by specialists. of the field, known as doctors.

In this article we will focus on how to practice the medical profession in our country, as well as on the main responsibilities that the law gives to the bodies of the medical profession in terms of disciplinary liability of members of the profession.

1) THE PRACTICE OF THE DOCTOR PROFESSION – COLLEGE OF DOCTORS FROM ROMANIA

The medical profession is exercised, on the Romanian territory, under the conditions of Title XII regarding the exercise of the medical profession, the organization and functioning of the Romanian College of Physicians (CMR) – of Law no. 95/2006 on health care reform, by persons holding an official medical qualification.

Doctors practice the profession on the basis of the CMR membership certificate, approved annually on the basis of civil liability insurance, for mistakes in professional activity, valid for that year.

CMR is the national professional organization of doctors, which has as its main object of activity:

control and supervision of the practice of the medical profession, the application of the laws and regulations that organize and regulate the practice of the profession, the representation of the interests of the medical profession and the preservation of the prestige of this profession in social life.

According to art. 413 alin. (1) of the Law, CMR is organized and operates on territorial criteria, at national and county level, respectively at the level of Bucharest municipality.

The Medical Colleges formed at territorial level include all the doctors who exercise the profession in the respective administrative-territorial unit, and the CMR is made up of all the doctors registered in the territorial colleges.

2) DISCIPLINARY RESPONSIBILITY

Another important role of the CMR is the analysis and judgment by it of complaints of medical malpractice or violation by doctors of the code of ethics related to their profession.

According to art. 442 of the Law “the doctor is disciplinary liable for non-compliance with the laws and regulations of the medical profession, the code of medical deontology and the rules of good professional practice, the statute of the Romanian College of Physicians, for non-compliance with mandatory decisions adopted by the governing bodies of the Romanian College of Physicians. any deeds committed in connection with the profession, which are likely to prejudice the honor and prestige of the profession or of the Romanian College of Physicians. “

Disciplinary action against the doctor is initiated within 6 months from the date of the commission of the act or from the date of knowledge of the harmful consequences, the complaint of the person concerned or the self-referral to the council, submitted to the college of which the doctor is a member or to the college in which the doctor of a Member State of the European Union operates, to be solved by the disciplinary commission of the competent territorial college, according to art. 451 of the Law. Complaints against a member of the governing bodies at territorial or national level are submitted to the Superior Disciplinary Commission, organized at the level of CMR.

The disciplinary commission decides to extinguish the disciplinary action – if the act does not constitute a disciplinary violation – or orders one of the disciplinary sanctions provided by law: reprimand, warning, blame, fine from 100 to 1500 lei, ban on practicing the profession or certain medical activities for a period of one month to one year, withdrawal of membership of the Romanian College of Physicians.

The pronounced decision is communicated to the sanctioned doctor and to the Executive Bureau of CMR, and the decisions regarding the application of sanctions that result in the suspension or prohibition of exercising the profession are also communicated to the Ministry of Health and, respectively, to the employer.

The natural or legal person who made the notification will be informed about the settlement of the case by the disciplinary commission.

Within 15 days of communication, the sanctioned doctor, the person who made the notification, the Ministry of Health, the president of the territorial college or the president of CMR  can contest the decision pronounced by the disciplinary commission of the territorial college, this to be solved by the Superior Disciplinary Commission within CMR, according to art. 452 para. (2) in conjunction with art. 456 para. (4) of the Law.

Also, against the sanctioning decision of the Superior Disciplinary Commission, within 15 days from the communication, the sanctioned doctor may file an action for annulment at the administrative contentious section of the court within whose radius he carries out his activity.

However, it should be emphasized, however, that the role of CMR is limited to the strict assessment of ethical deviations and the assertion of the existence / non-existence of medical fault. CMR is not involved in assessing civil injures or judging criminal matters, for these facts it is necessary to notify the civil or criminal courts, as appropriate.

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