This will be very short.
Something that became very clear from research into CEASE Therapy is that there are few legal restraints on homeopaths using it on autistic children. It has also become clear that none of the homeopathic trade associations want to do anything about members who use it.
The last post (which is a work in progress) is a translation of the Swedish Patient Safety Law (Law). It is suggested that some of the provisions should be incorporated into UK law.
Proposal - Restricting Treatment by Non-Medically Qualified
The Law restricts treatment of certain conditions such as cancer and certain groups of people to the medically qualified (and those people under their supervision - for example, what in the UK would be called healthcare assistants).
It would be perfectly possible to do the same in UK law. It may even be possible to "improve" on the law by, for example, creating a more extensive list of conditions that can not be treated. It would also be possible to extend the list of persons who can not be treated from children under 8 years old etc to include anyone who lacks the capacity to give consent.
It would be a criminal offence under UK law for the medically unqualified to treat listed conditions/groups of people.
Proposal - Defining Medically Qualified
The Law includes Chiropractors and Naprapaths. It would be unwise for UK legislation to treat them as medically qualified. Unfortunately, UK law doesn't treat psychotherapists as "qualifed". Many in the profession have called for statutory regulation and "psychotherapist" being a protected title.
If SR status for psychotherapists can not be acheived in the short term, transitional measures could be put into place.
Tuesday, 30 January 2018
Sunday, 28 January 2018
Patientsäkerhetslag (2010:659)
This is the Swedish Patient Safety Act 2010. It is an important piece of legislation in that it controls who can treat certain patients for certain conditions. It could be viewed as a model for legislation in other countries - although in most countries there is existing legislation that covers most of the provisions.
Google Translate does do a reasonable job of translation but not perfect. This is a work in progress - it is published before the translation is actually finished because there is an immediate need to share some of this. Help with improving translation would be much appreciated.
No analysis is made here although some explanatory notes are given. Some comparisons to UK legislation/regulation are made. Use of a serif font indicates content is not from the translation of the original document.
Chapter 5 is the most important.
Chapter 5 is the most important.
Content:
- Chapter 1 Preliminary provisions
- Chapter 2 Registration of business etc.
- Chapter 3 Caregiver's obligation to conduct systematic patient safety work
- Chapter 4 Eligibility Questions
- Chapter 5 Restrictions on the right of non-health professionals to take certain health care measures
- Chapter 6 Obligations for healthcare professionals and others
- Chapter 7 Health and Social Care Inspectorate
- Chapter 8 Probation and revocation of registration, etc.
- Chapter 9 Healthcare Responsibility Board
- Chapter 10 Penalties and appeal, etc.
- Transitional
Chapter 1 Preliminary provisions
The purpose and content of the law
Section 1 This Act aims to promote high standards ofpatient safety in health care and related activities. The Act contains provisions on
- notification of activities, etc. (Chapter 2),
- the duty of the healthcare provider to conduct a systematic patient safety work (Chapter 3),
- competence issues (Chapter 4),
- restrictions on the right of healthcare professionals to take some health care measures (Chapter 5),
- obligations for healthcare professionals, etc. (Chapter 6),
- Health and Social Care Inspectorate (Chapter 7),
- Probation and revocation of registration, etc. (Chapter 8),
- Healthcare Responsibility Board (Chapter 9), and
- penalties and appeal, etc. (Chapter 10)
- notification of activities, etc. (Chapter 2),
- the duty of the healthcare provider to conduct a systematic patient safety work (Chapter 3),
- competence issues (Chapter 4),
- restrictions on the right of healthcare professionals to take some health care measures (Chapter 5),
- obligations for healthcare professionals, etc. (Chapter 6),
- Health and Social Care Inspectorate (Chapter 7),
- Probation and revocation of registration, etc. (Chapter 8),
- Healthcare Responsibility Board (Chapter 9), and
- penalties and appeal, etc. (Chapter 10)
General provisions on health and dental healthcare goals and requirements are contained in the Health Care Act (2017: 30), the Patient Act (2014: 821) and the Dentistry Act (1985: 125). Law (2017: 62) .
Definitions
Section 2 Healthcare refers to activities covered by the Health Care Act (2017: 30), the Dental Care Act (1985: 125), the Act (2001: 499) on the circumcision of boys and drug retailing activities under the Act (2009: 366) on trade in pharmaceuticals. Law (2017: 62) .
Section 3 The term "health care provider" in this Act means state authority, county council and municipality in respect of such healthcare as the authority, county council or municipality is responsible for, as well as any other legal person or individual healthcare practitioner.
The Swedish healthcare system is structured differently from the UK. For one thing, responsibility falls on the various tiers of national and local government rather than the health service existing outside of it.
Section 4 Healthcare professionals are referred to in this Act as:
1. A person who has certification for a health care profession;
2. Employees working at hospitals and other healthcare institutions who participate in the healthcare of patients.
3. the person who, otherwise, in the healthcare of patients, supports a legitimate professional,
4. pharmacist who manufactures or expedites pharmaceuticals or provides advice and information;
5. staff at the Poison Information Center providing advice and information; and
6. staff at the emergency department and healthcare counseling which provides help or advice and information to the care-seeking.
2. Employees working at hospitals and other healthcare institutions who participate in the healthcare of patients.
3. the person who, otherwise, in the healthcare of patients, supports a legitimate professional,
4. pharmacist who manufactures or expedites pharmaceuticals or provides advice and information;
5. staff at the Poison Information Center providing advice and information; and
6. staff at the emergency department and healthcare counseling which provides help or advice and information to the care-seeking.
For the purposes of the first subparagraph, paragraphs 1 and 3 shall be treated as legally qualified persons who, in accordance with specific regulations, have the corresponsing qualifications.
The Government may issue regulations requiring other groups of healthcare professionals to be covered by the Act. Law (2016: 150) .
Section 5 For the purposes of this Act, "bodily injury" means suffering, bodily or mental injury or illness, as well as deaths which could have been avoided if adequate measures had been taken in connection with the patient's contact with the health service.
Serious healthcare injury refers to a personal injury that :
1. is permanent and is not trivial, or
2. has led to a significantly increased need for care or death of the patient.
Section 6 Patients' safety means protection against personal injury in this Act.
Chapter 2 Registration of business etc.
Notification of business
Section 1 The person who intends to carry out activities covered by the Health and Social Care Inspectorate in accordance with this Act shall report this to the inspection no later than one month before the activity commences. Law (2012: 957) .
Section 2 If the activity is changed or moved completely or substantially, this must be reported to the Health and Social Care Inspectorate within one month after the implementation. If the activity is closed, it must be reported to the Inspectorate as soon as possible. Law (2012: 957) .
Section 3 The government or government authority determined by the Government shall issue regulations regarding the fulfillment of the notification obligation under sections 1 and 2.
"Business" has a broader meaning here than purely commercial enterprise. The Health and Social Care Inspectorate is similar to the English Care Quality Commission.
Register
Section 4 The Health and Social Care Inspectorate shall maintain an automated register of activities reported under this chapter. The register may be used for supervision and research as well as for the production of statistics.
The Health and Social Care Inspectorate shall also maintain an automated register of healthcare facilities and entities referred to in Chapter 7. Section 7. The registry may be used for supervision, research, preparation of statistics and placement of patients.
The Health and Social Care Inspectorate is the person responsible for processing personal data in the registry.
The government announces regulations on which authorities may have direct access to the data in the Health and Social Care Inspectorate. Law (2012: 957) .
Section 5 The Government shall issue regulations concerning the
first limitation of the information that the registers under section 4 may contain, and
2. the deletion of data in the registers pursuant to section 4.
first limitation of the information that the registers under section 4 may contain, and
2. the deletion of data in the registers pursuant to section 4.
Chapter 3 Care provider's obligation to conduct systematic patient safety work
General provisions
Section 1 The care provider shall plan, manage and control the activities in such a way as to maintain the requirement of good care in the health care act (2017: 30) and the dental care Act (1985: 125). Law (2017: 62) .
Section 2 The healthcare provider shall take the measures necessary to prevent patients from suffering healthcare injury. For actions that can not be taken immediately, a schedule must be established.
Section 3 The care provider shall investigate events in the business that have caused or could have caused a healthcare injury. The purpose of the investigation shall be to
1. as far as possible clarify the course of events and the factors that have influenced it, and
2. provide a basis for decisions on measures intended to prevent similar occurrences from occurring or to limit the effects of such events if they can not be completely prevented.
1. as far as possible clarify the course of events and the factors that have influenced it, and
2. provide a basis for decisions on measures intended to prevent similar occurrences from occurring or to limit the effects of such events if they can not be completely prevented.
Corresponding investigative obligation has the activity of the person referred to in Chapter 7. Section 7 for events in the business that has caused or could have caused such serious damage as referred to in Section 6.
Section 4 The care provider shall provide the patients and their families with the opportunity to participate in patient safety work.
Notification to the Health and Social Care Inspectorate
Section 5 The care provider shall, unless otherwise specifically prescribed in accordance with the third paragraph, report to the Health and Social Care Inspectorate that events that have resulted or could have caused a serious healthcare injury. Corresponding notification obligation, the person who is engaged in activities referred to in Chapter 7, Section 2. The notification must be made as soon as the event has occurred.
The care providers shall, at the same time as the notification or immediately thereafter, submit to the Health and Social Care Inspectorate the investigation of the event as prescribed in section 3, first paragraph.
The Government or the authority determined by the Government may, pursuant to Chapter 8, Section 7 of the Government Form shall issue regulations on notifications from healthcare providers within the Armed Forces and the Defense Material Works. Law (2017: 786) .
Section 6 If any person has suffered or been exposed to the risk of suffering from a serious injury other than a healthcare injuries due to safety deficiencies in the activities of a healthcare institution or unit referred to in Chapter 7, Section 7, the healthcare provider or unit shall report this to the Health and Social Care Inspectorate as soon as the event has occurred.
The care provider or the unit shall, at the same time as the notification or immediately thereafter, submit to the Health and Social Care Inspectorate the investigation of the event as prescribed in Section 3, second paragraph. Law (2012: 957) .
Section 7 A healthcare provider shall notify the Health and Social Care Inspectorate without delay if there is reasonable reason to fear that a person who has a healthcare professional who is active or has been in charge of the healthcare provider may constitute a danger for patient safety. Law (2012: 957) .
Obligation to inform patients of the occurrence of healthcare injuries
Section 8 The care provider shall as soon as possible inform a patient who has suffered a healthcare injury if:
1. there has been an event that has caused a personal injury;
2. what measures the healthcare provider intends to take that a similar event should not occur again,
3. the healthcare provider's obligation to handle complaints and views;
4. the task of the patient committees pursuant to section 2, first paragraph, of the Act (2017: 372) on complaints against health care to assist the patient to raise complaints and to have their complaints answered by the healthcare provider;
5. the ability to report complaints to the Health and Social Care Inspectorate in accordance with Chapter 7. Section 10, and
6. The possibility of requesting compensation under the Patient Injury Act (1996: 799) or from the Medical Insurance.
1. there has been an event that has caused a personal injury;
2. what measures the healthcare provider intends to take that a similar event should not occur again,
3. the healthcare provider's obligation to handle complaints and views;
4. the task of the patient committees pursuant to section 2, first paragraph, of the Act (2017: 372) on complaints against health care to assist the patient to raise complaints and to have their complaints answered by the healthcare provider;
5. the ability to report complaints to the Health and Social Care Inspectorate in accordance with Chapter 7. Section 10, and
6. The possibility of requesting compensation under the Patient Injury Act (1996: 799) or from the Medical Insurance.
The information should be provided to a patient, if the patient requests it or can not access the information.
Information about the information provided must be noted in the patient record. Law (2017: 378) .
8 a § The care provider shall receive complaints from and against their patients regarding their own activities. Law (2017: 378) .
8b § The care provider must respond promptly to complaints from patients and their relatives. Complaints must be answered appropriately and with regard to the nature of the complaint and the individual's ability to access information.
The care provider shall provide the complainant with an explanation of what has occurred, and
2. a description of the measures that the care provider intends to take to prevent a similar event from occurring. Law (2017: 378) .
2. a description of the measures that the care provider intends to take to prevent a similar event from occurring. Law (2017: 378) .
8 c § Information under 8 or 8b § may not be given to the patient or any related person in case of confidentiality or professional secrecy. Law (2017: 378) .
8th § The care provider is obliged to assist the Board to the extent necessary for the Board to fulfill its mission under Section 2, first paragraph, of the Act (2017: 372) on complaints against Healthcare. Law (2017: 378) .
8th § If it is clear that the complaint should be handled by another healthcare provider than the person who has received the complaint, the recipient may hand over the case to the other care provider for further processing. In such cases, the case shall be handed over promptly. Law (2017: 378) .
Documentation Requirement
Section 9 The care provider shall document how the organizational responsibility for patient safety work is distributed within the activities.
Section 10 The care provider shall draw up a patient safety report by 1 March each year, indicating
1. how patient safety work has been carried out during the previous calendar year,
2. what measures have been taken to increase patient safety, and
3. what results have been achieved.
1. how patient safety work has been carried out during the previous calendar year,
2. what measures have been taken to increase patient safety, and
3. what results have been achieved.
The Patient Safety Report shall be kept available to anyone wishing to share it.
Authorization, etc.
Section 11 The government or government authority determined by the government may issue regulations on the elements to be included in the healthcare provider's systematic patient safety work.
Section 12 The government or government authority determined by the Government shall issue regulations on:
1. Compliance with the obligation to notify in accordance with sections 5-7 and
2. What information should be included in a patient safety report under section 10.
2. What information should be included in a patient safety report under section 10.
Chapter 4 Eligibility Questions
Accreditation
Section 1 A person who, as stated in the table below, has completed a university degree or has completed a course of education and, as appropriate, practical experience shall, upon application, receive a certificate of professional accreditation.
Certificates may not be notified if the conditions are such that the credentials would have been revoked under the provisions of Chapter 8. if the applicant had been accredited.
An accredited psychotherapist must indicate his or her basic education in connection with his or her professional activity.
The government or government authority determined by the government may, in the cases specified in the table, provide regulations on the training and practical experience required for accreditation.
Title
Pharmacist
Occupational Therapist
Audiologist
Midwife
Biomedical Scientist
Dietitian
Physiotherapist
Chiropractor
Speech Therapist
Doctor
Naprapath
Optician
Orthotist
Psychologist
Psychotherapist
Dispenser
Radiographer
Medical Physicist
Nurse
Dental Hygienist
Dentist
The government may issue regulations requiring that other education programs other than those listed in the table be given the right to credentials. Law (2013: 1149) .
Section 3 The protected title may only be used by the person who has received accreditation under sections 1 or 2.
Regulated medical professions in Sweden are largely the same as in the UK and some other European countries. Naprapthy is almost unheard in the UK - it can be thought of as akin to both chiropractic and osteopathy but without some of the more vitalistic overtones. Dispenser (Receptarie) is a role only found in Sweden, Norway, Finland and Russia. Pharmacists have a Masters degree, a Dispenser has a Bachelors degree - so they are more qualified than a UK pharmacy technician.
Exclusive right to profession
Section 4 Ability to practice a profession as a pharmacist, midwife, doctor, dispenser and dentist is confined to those who have a license for the profession or who is specifically instructed to practice it.
Protected job title
Section 5 A professional title referred to in Section 1 may be used only by the person who has a certificate for the profession or undergoes the prescribed practical experience.
Section 6 In occupational activities in the field of healthcare, the person who, according to section 5, has no jurisdiction to use a protected professional title, may not use a title that may be confused with such a title.
Section 7 has been repealed by law (2012: 310) .
Specialist
Section 8 A certified medical practitioner or dentist who has undergone certain further training shall, upon application, receive accreditation of specialist competence.
Unless otherwise specifically stipulated, a physician or dentist may indicate that he or she has specialist qualifications in the specialty of his profession only if he or she has a certificate of specialist competence as referred to in the first paragraph. Law (2016: 150) .
Section 9 Unless otherwise specifically stipulated, a nurse may use a title equivalent to a specialist nurse's degree only if he or she has obtained such a degree. Law (2016: 150) .
Competent authority
Section 10 The National Board of Health and Welfare examines applications for accreditation, in particular the appointment of a profession and certificate of specialist competence. Law (2012: 310) .
Other authorizations
Section 11 The government or government authority determined by the Government may issue regulations on accreditation and other qualifications for healthcare professionals.
Section 12 The Government may issue regulations on fees for examining the application for accreditation and other qualifications.
Chapter 5 Restrictions on the right of non-health professionals to take certain health care measures
Section 1 Other than healthcare professionals no-one may professionally examine another's health condition or treat someone else for illness or equivalent condition by taking or prescribing any of the following measures for prevention, cure or mitigating purposes:
1. treat such infectious diseases as according to infectious diseases (2004: 168) are notifiable diseases,
2. treat cancer and other malignant tumors, diabetes, epilepsy or conditions in connection with pregnancy or childbirth;
3. examine or treat another person during general anesthesia or during local anesthesia by injection of anesthetics or under hypnosis,
4. treat someone else with radiological methods,
5. Without personal examination of the person seeking him or her, provide written advice or instructions for treatment;
6. examine or treat children under eight years; or
7. try out contact lenses.
1. treat such infectious diseases as according to infectious diseases (2004: 168) are notifiable diseases,
2. treat cancer and other malignant tumors, diabetes, epilepsy or conditions in connection with pregnancy or childbirth;
3. examine or treat another person during general anesthesia or during local anesthesia by injection of anesthetics or under hypnosis,
4. treat someone else with radiological methods,
5. Without personal examination of the person seeking him or her, provide written advice or instructions for treatment;
6. examine or treat children under eight years; or
7. try out contact lenses.
Chapter 6 Obligations for healthcare professionals and others
General obligations
Section 1 Healthcare professionals shall perform their work in accordance with science and proven experience. A patient should be given expert and caring healthcare that meets these requirements. Care should be designed and implemented as far as possible in consultation with the patient. The patient should be shown care and respect.
Section 2 The healthcare personnel are responsible for the performance of their duties.
The first paragraph does not constitute a limitation on the healthcare provider's liability under this Act or other constitution.
Section 3 The healthcare staff may delegate a task to someone else only when it is in accordance with the requirement for good and safe care.
The person who delegates a task to someone else is responsible for the fact that he has the ability to fulfill the task.
Section 4 Healthcare professionals are required to contribute to maintaining high patient safety. To this end, the staff shall report to the healthcare provider risks for personal injury and events that have caused or could have caused a healthcare injury.
Healthcare professionals have the same reporting obligation, even in case of harm other than healthcare injuries resulting from safety deficiencies in the activities of such healthcare institution or unit referred to in Chapter 7. Section 7.
Section 5 Healthcare professionals shall, in matters relating to children who are ill or at risk, do not interact with social organizations, organizations and others concerned. Regarding disclosure of information, the restrictions contained in sections 12-14 and the Public and Privacy Act (2009: 400) apply.
Healthcare professionals should pay particular attention to a child's need for information, counseling and support for the child's parent or any other adult the child lives permanently with -
1. has a mental disorder or mental disability,
2. has a serious physical illness or injury, or
3. are addicts of alcohol or any other addictive agent.
1. has a mental disorder or mental disability,
2. has a serious physical illness or injury, or
3. are addicts of alcohol or any other addictive agent.
The same applies if the child's parent or any other adult the child lives permanently with unexpectedly dies.
Provisions concerning the obligation to report to the Social Council that a child may need the protection of the committee is contained in Chapter 14, Section 1 of the Social Services Act (2001: 453). Team (2017: 62) .
Section 6 The person responsible for the health care of a patient shall ensure that the patient and his or her family are given information in accordance with Chapter 3. patient layers (2014: 821). Team (2014: 828) .
Section 7 The person responsible for the health care of a patient shall contribute to the patient being given the opportunity to choose treatment options and aids for persons with disabilities as specified in Chapter 7. 1 and 2 of the Patients Act (2014: 821).
The person responsible for the health care of a patient shall contribute to the patient receiving a new medical assessment as specified in Chapter 8. Section 1 of the Patient Act.
This section does not cover dental care according to the Dental Care Act (1985: 125). Team (2014: 828) .
Section 8 If a patient has died, the healthcare personnel shall perform their duties with due respect for the deceased. Associates should be given consideration and consideration.
Section 9 A doctor or dentist employed in the public health service is required to, to the extent that other duties in the professional activity do not prevent it or there are no special reasons for doing so, conduct investigations and give statements on them on request by county administrative board, court, prosecutor's office, police authority or supervisor.
A physician active in the public health care sector is obliged, at the request of the police, to insofar as other duties in the profession do not prevent it or there are no special reasons for doing so, conduct a survey involving the physical examination of someone who is suspected of a crime that may impose a custodial sentence.
The limitation of the obligation to conduct investigations and to give statements does not apply to doctors who are mainly active in open-minded care and, in the case of examination and opinion on alcoholic influence, neither to any other physician.
The Act (2005: 225) on Criminal Matters contains specific provisions on statements in some cases. Team (2014: 888) .
Section 10 Any person who, in his occupational health care profession, issues a certificate of health or care, shall design it with care and care.
Notification obligation for healthcare professionals who administer medicines
Section 11 If a prescription of a narcotics drug, other special medicines, alcoholic drugs or technical liquor by a legitimate professional may reasonably be contravened with science and proven experience, the healthcare professional who administers drugs must report this to the Health and Social Care Inspectorate.
The government or government authority determined by the government may issue regulations on what is meant by specific drugs. Team (2012: 957) .
Confidentiality, etc.
Section 12 The person belonging to or belonging to healthcare professionals within the health care sector may not disclose the unauthorized person what he or she has learned about an individual's state of health or other personal circumstances. As unauthorized disclosure, no person is deemed to fulfill such disclosure obligations as provided for by law or regulation.
Confidentiality that applies to a patient's health condition also applies in relation to the patient himself, if it is of particular importance that the task is not given to the patient in view of the purpose of health care.
For the public's activities, the Public and Privacy Act (2009: 400) applies.
Section 13 Any person belonging to or belonging to healthcare professions in the individual health care service may not disclose to an unauthorized person a statement from an individual about the health status or other personal circumstances of another person, if there is a risk that the who has left the task or any related person to the reporting provider is subjected to violence or other seriously but if the task is void. As unauthorized disclosure, no person is deemed to fulfill such disclosure obligations as provided for by law or regulation.
For the public's activities, the Public and Privacy Act (2009: 400) applies.
Section 14 The person belonging to or belonging to healthcare professionals in the individual healthcare service may not disclose or use such information on the manufacture or content of a particular product which he or she has received in the business and has been provided there for use as an information or basis for treatment or other similar measure. As unauthorized disclosure, no person is deemed to fulfill such disclosure obligations as provided for by law or regulation.
For the public's activities, the Public and Privacy Act (2009: 400) applies.
Section 15 Except as otherwise provided by law or regulation, healthcare professionals are obliged to disclose such information as
: 1. Whether a person resides in a medical care institution if the information in a particular case is requested by a court, a prosecutor's office, the police authority, the security police, Enforcement Authority or the Swedish Tax Agency,
2. needed in the business for personal protection for members of parliament, Head of State and other members of the royal family, cabinet ministers, minister of State and cabinet Secretary, if the data in a particular case requested by the Security Service, the
third is needed for a forensic examination,
4. National Board advice for some legal, social and medical issues need for their business,
5. is required for examining a case to separate a student from college education or the police program; or
6. is required to test someone's aptitude to have driving license, tractor card or taxi driver identification under the Tax Law Act (2012: 211). Team (2014: 768) .
: 1. Whether a person resides in a medical care institution if the information in a particular case is requested by a court, a prosecutor's office, the police authority, the security police, Enforcement Authority or the Swedish Tax Agency,
2. needed in the business for personal protection for members of parliament, Head of State and other members of the royal family, cabinet ministers, minister of State and cabinet Secretary, if the data in a particular case requested by the Security Service, the
third is needed for a forensic examination,
4. National Board advice for some legal, social and medical issues need for their business,
5. is required for examining a case to separate a student from college education or the police program; or
6. is required to test someone's aptitude to have driving license, tractor card or taxi driver identification under the Tax Law Act (2012: 211). Team (2014: 768) .
Section 16 Any person who, without consulting the healthcare staff, as a result of employment or assignment or on other similar grounds, participates in or has participated in an individually managed health care, may not disclose to an unauthorized person what he or she has learned about an individual's health condition or other personal circumstances. As an unauthorized disclosure, no person is deemed to be required to fulfill the obligation to provide information pursuant to law or regulation.
For the public's activities, the Public and Privacy Act (2009: 400) applies.
Authorization
Section 17 The government or government authority determined by the government may issue regulations on the obligations of healthcare professionals necessary for the protection of human life, personal safety or health.
7 chap. Inspection for Care and Care Supervision
General provisions
Section 1 Healthcare and its personnel are supervised by the Inspectorate for Care and Care.
The health service within the Armed Forces and the Defense Material Workshop is supervised by the Defense Inspector for Health and the Environment. The Government or the authority determined by the Government may, pursuant to Chapter 8, Section 7 of the Government Form shall issue regulations on this supervision. Team (2017: 786) .
Section 2 Any person who, without carrying on healthcare, receives health services from a sample, analysis or other investigation which forms part of the assessment of a patient's health or treatment, is also under the supervision of the Inspectorate. for care and care. Team (2012: 957) .
Section 3 Supervision pursuant to this Act means that the activities and staff referred to in sections 1 and 2 meet the requirements and objectives of laws and regulations as well as decisions issued pursuant to such regulations.
Supervision shall focus primarily on review that the healthcare provider fulfills its obligations under Chapter 3.
Provisions under sections 20 and 24 and prohibitions under sections 26-28 may be used only when the activities do not comply with the requirements of laws and regulations.
Section 4 The Health and Care Inspectorate shall, within the framework of its supervision,
1. Provide advice and provide guidance,
2. Verify that deficiencies and maladministration are remedied,
3. Provide knowledge and experience gained through supervision, and
4. Inform and advise the public . Team (2012: 957) .
1. Provide advice and provide guidance,
2. Verify that deficiencies and maladministration are remedied,
3. Provide knowledge and experience gained through supervision, and
4. Inform and advise the public . Team (2012: 957) .
4a § / Entry into force: 2018-01-01 / The Health and Safety Inspectorate shall, in the context of its supervision, consult patients and their relatives on the conditions under which they are supervised, unless this is inappropriate or unnecessary. Team (2017: 378) .
Section 5 When supervising children's circumstances, the child may be heard if it is assumed that the child does not hurt the conversation. The child may be heard without the custodian's consent and without the custodian being present.
Section 6 / Termination valid for U: 2018-01-01 / The Inspectorate for Care and Care shall systematically retrieve information provided by Patient Committees pursuant to Section 4 of the Act on Occupational Disability Act (1998: 1656), etc.Act (2012: 957) .
Section 6 / Entry into force: 2018-01-01 / The Care and Care Inspectorate shall ensure that patients' experience is continuously used as a basis for decision-making on the purpose of supervision.
The inspection shall continuously cooperate with the patient boards and systematically retrieve information provided by patients' disputes pursuant to section 7 of the Act (2017: 372) on support for complaints against health care. Team (2017: 378) .
Section 7 The Health and Care Inspectorate supervises the safety of healthcare facilities where care is provided under the Act (1991: 1128) on psychiatric care or the law (1991: 1129) on legal psychiatric care and in units of legal psychiatric examination.
The government or government authority determined by the government may issue regulations on safety and safety classification of healthcare facilities and entities referred to in the first subparagraph. Team (2012: 957) .
Notifications from healthcare provider
Section 8 The Care and Care Inspectorate shall ensure that events notified to the Authority in accordance with Chapter 3, Section 5 has been investigated to the requisite extent and that the healthcare provider has taken the necessary measures to achieve high patient safety.
The first paragraph also applies, as appropriate, to notifications under Chapter 3. Section 6. Team (2012: 957) .
Section 9 The Health and Care Inspectorate shall disseminate information to healthcare providers and relevant authorities about events that have been reported to the Authority in accordance with Chapter 3. Section 5, and otherwise take the measures motivated by the notification to achieve high patient safety.
The first paragraph also applies, as appropriate, to notifications under Chapter 3. Section 6. Team (2012: 957) .
Complaint
Section 10 / Termination valid for U: 2018-01-01 / The Inspectorate for Care and Care shall, after notification, review complaints against the health care and its personnel. Team (2012: 957) .
Section 10 / Entry into force: 2018-01-01 / The Health and Care Inspectorate shall, after notification, review complaints against the health services and its personnel.
The application may be made by the patient in question or, if the patient is unable to report the matter, a relative to him or her. Team (2017: 378) .
Section 11 / Termination valid for U: 2018-01-01 / The Health and Care Inspectorate shall carry out the investigation necessary for the purpose of examining the complaint. The Authority may investigate and investigate circumstances that have not been invoked in the notification. Team (2012: 957) .
Section 11 / Entry into force: 2018-01-01 / The Care and Care Inspectorate shall, if the concerned healthcare provider has been given the opportunity to fulfill its obligations under Chapter 3. 8b § investigate complaints relating to
: 1. bodily or psychological injury or illness arising from healthcare which is permanent and not invalid or has led to a significantly increased need for care or death;
2. compulsory care according to The Act (1991: 1128) on psychiatric care or the law (1991: 1129) on legal psychiatric care or isolation under the Prison Protection Act (2004: 168), and
3. healthcare events seriously and negatively affected or threatened patient self-determination, integrity or legal status.
: 1. bodily or psychological injury or illness arising from healthcare which is permanent and not invalid or has led to a significantly increased need for care or death;
2. compulsory care according to The Act (1991: 1128) on psychiatric care or the law (1991: 1129) on legal psychiatric care or isolation under the Prison Protection Act (2004: 168), and
3. healthcare events seriously and negatively affected or threatened patient self-determination, integrity or legal status.
The Inspectorate for Care and Care may investigate complaints even if the conditions in the first paragraph are not met.
Complaints referred to in the first paragraph 2 need not be investigated if
: 1. the complaint is manifestly unfounded;
2. the complaint is of direct relevance to patient safety and there is no reason to consider a duty to report pursuant to section 23 or section 29; or
3. it is a decision that is possible appeal by virtue of any of the laws referred to in the first paragraph.
: 1. the complaint is manifestly unfounded;
2. the complaint is of direct relevance to patient safety and there is no reason to consider a duty to report pursuant to section 23 or section 29; or
3. it is a decision that is possible appeal by virtue of any of the laws referred to in the first paragraph.
The Inspectorate for Care and Care may refrain from investigating complaints if the event is more than two years back in time. Team (2017: 378) .
Section 12 / Suspension of U: 2018-01-01 / The Health and Care Inspectorate may refrain from investigating a complaint about
1. It is obvious that the complaint is unjustified, or
2. The complaint is of direct relevance to patient safety and there are no reasons to consider duty notification pursuant to section 23 or 29.
1. It is obvious that the complaint is unjustified, or
2. The complaint is of direct relevance to patient safety and there are no reasons to consider duty notification pursuant to section 23 or 29.
The Inspectorate for Care and Care shall not investigate events that last more than two years in the absence of special reasons. Team (2012: 957) .
Section 12 / Coming into force I: 2018-01-01 / If the care provider has not been able to fulfill its obligations under Chapter 3, 8b §, the Inspectorate for Care and Care may hand over the complaint to the healthcare provider or the patient board. Team (2017: 378) .
Section 13 / Suspension of U: 2018-01-01 / If a complaint concerns shortcomings in the contact between a patient and healthcare staff or any other similar relationship within the activities referred to in section 1 of the Act on Occupational Disability Affairs (1998: 1656) , the Health and Care Inspectorate may hand the complaint to the affected patient committee for action. However, only if the conditions in section 12 for non-investigation of the complaint are met. Team (2012: 957) .
Section 13 / Entry into force: 2018-01-01 / The Health and Care Inspectorate shall carry out the investigation necessary to review the complaint. The Authority may investigate and investigate circumstances that have not been invoked in the notification. Team (2017: 378) .
Section 14 Complaints should be notified in writing. The notification should state
: 1. the healthcare provider or healthcare personnel to which the complaint is addressed,
2. the event to which the complaint relates,
3. the date of the event, and
4. the name and address of the notifier.
: 1. the healthcare provider or healthcare personnel to which the complaint is addressed,
2. the event to which the complaint relates,
3. the date of the event, and
4. the name and address of the notifier.
Section 15 / Termination valid for U: 2018-01-01 / The Health and Care Inspectorate shall transmit the notification as soon as possible and, if applicable, the documents attached to the notification to the healthcare provider or healthcare personnel to whom the complaint is directed or may be considered directed against.
The first paragraph does not apply if the Inspectorate for Care and Care determines the case under section 12. Team (2012: 957) .
Section 15: Entry into force 2018-01-01 / If the Inspectorate for Health and Care is initiated by a complaint, the Authority shall promptly submit the notification and, if applicable, the documents attached to the notification to the healthcare provider or health and healthcare professionals whose complaints are directed against or may be considered to be directed against. Team (2017: 378) .
Section 16 / Suspension of U: 2018-01-01 / The person to which the complaint relates, the patient and, if the patient has not been able to report the matter, a relative to him or her, has the right to know what has been added to the case and shall, before deciding on the matter, be given the opportunity to share and comment on what has been added to the matter.
If the complaint concerns healthcare professionals, the affected healthcare provider should be heard in the case, unless it is obviously unnecessary.
The notification obligation does not apply if the Inspectorate for Health and Care issues determines the matter under section 12.
The right to receive information and the duty to notify is subject to the restrictions set out in Chapter 10. Section 3 of the Public and Privacy Act (2009: 400). Team (2012: 957) .
Section 16 / Entry into force: 2018-01-01 / The person to which the complaint relates, the patient and, if the patient has not been able to report the matter, a relative to him or her, has the right to know what has been added to the case and shall, before deciding on the matter, be given the opportunity to share and comment on what has been added to the matter.
If the complaint concerns healthcare professionals, the affected healthcare provider should be heard in the case, unless it is obviously unnecessary.
The notification obligation only applies if the Inspectorate for Care and Care has initiated an investigation of the complaint.
The right to receive information and the duty to notify is subject to the restrictions set out in Chapter 10. Section 3 of the Public and Privacy Act (2009: 400). Team (2017: 378) .
Section 17 The Health and Care Inspectorate shall, when transmitting documents for the opinion, specify the time within which the opinion shall be submitted to the Authority.
The person who is given an opportunity to comment shall be informed that the matter may be resolved even if no opinion is received within the prescribed time.
The procedure of the Inspectorate for Care and Care is in writing. If it appears appropriate from the investigative point of view, the Authority may obtain information orally in a matter. Information obtained orally and relevant to the investigation shall be documented. Team (2012: 957) .
Section 18 / Expiry of U: 2018-01-01 / The Inspectorate for Care and Care shall determine the complaints cases under this Act by decision.
In such a decision, the Health and Safety Inspectorate may decide whether an action or failure of healthcare professionals or healthcare professionals is in violation of law or other regulations or is inappropriate for patient safety. Such a decision may not be taken without the notifier and the party to whom the complaint relates has been given an opportunity to comment on a proposal for a decision on the matter.
The inspection for the care and care decision must be in writing and include the reasons for the decision. The decision shall be sent to the notifier, the party to whom the complaint relates and the relevant healthcare provider. Team (2012: 957) .
Section 18 / Entry into force: 2018-01-01 / The Inspectorate for Care and Care shall determine the complaints cases under this Act by decision.
If a complaint has been made, the Inspectorate for Health and Care shall declare whether an action or omission by healthcare providers or healthcare professionals is in violation of law or other regulations or is inappropriate for patient safety. Such a decision may not be taken without the notifier and the party to whom the complaint relates has been given an opportunity to comment on a proposal for a decision on the matter.
The inspection for the care and care decision must be in writing and include the reasons for the decision. The decision shall be sent to the notifier, the party to whom the complaint relates and the relevant healthcare provider. Team (2017: 378) .
initiatives Issues
Section 19 If the Inspectorate for Care and Care on its own initiative initiates an investigation against a healthcare provider or against healthcare professionals, the person concerned by the investigation shall be given the opportunity to submit an opinion. However, the inspection does not need to hear a patient affected by the investigation unless there is reason for it.
Before determining a case, the healthcare provider or healthcare professionals who are the subject of an investigation shall be given an opportunity to comment, unless obviously unnecessary. Otherwise, Section 12, second paragraph, Section 17 and, where applicable, Section 18 shall apply. Team (2012: 957) .
Common provisions on the Inspectorate for Care and Care
Section 20 The supervised person under this chapter and healthcare professionals are required to submit to the Inspectorate for Care and Care, requests, samples and other material relating to the business and provide information about the activities that the inspection needs for its supervision.
The Health and Safety Inspectorate may instruct the operator or healthcare staff to submit what is requested. A decision on injunction may be combined with a fine. Team (2012: 957) .
Section 21 / Termination valid for U: 2018-01-01 / The Inspectorate for Care and Care, or the person appointed by the inspection, is entitled to inspect the activities under the supervision of this chapter and the professional activities of the healthcare professionals. The person who performs the inspection is entitled to access premises or other spaces used for the business, but not housing. The person who performs the inspection is entitled to temporarily dispose of documents, samples and other material relating to the business. The person whose activity or professional activity is inspected is required to provide the necessary assistance at the inspection. Team (2012: 957) .
Section 21 / Entry into force: 2018-01-01 / The Inspectorate for Care and Care, or the person appointed by the inspection, is entitled to inspect the activities under the supervision of this chapter and the professional activities of the healthcare professionals. An inspection may be notified or unannounced. The person who performs the inspection is entitled to access premises or other spaces used for the business, but not housing. The person who performs the inspection is entitled to temporarily dispose of documents, samples and other material relating to the business. The person whose activity or professional activity is inspected is required to provide the necessary assistance at the inspection. Team (2017: 378) .
Section 22 In the case of an inspection referred to in Section 21, the inspector is entitled to receive the assistance required by the police authority for the purpose of the inspection.
Such assistance may only be requested for
: 1. Due to special circumstances, the action can not be carried out without the special powers of a police pursuant to Section 10 of the Police Act (1984: 387), or
2. There are other special reasons. Team (2014: 768) .
: 1. Due to special circumstances, the action can not be carried out without the special powers of a police pursuant to Section 10 of the Police Act (1984: 387), or
2. There are other special reasons. Team (2014: 768) .
Measures against caregivers and others
Section 23 If the Inspectorate for Care and Care becomes aware that someone has violated a provision relating to activities under the supervision of the Inspectorate, the Authority shall take steps to comply with the provision and, if necessary, make a notification of prosecution. The same applies if someone who does not belong to healthcare professionals has violated any of the provisions in Chapter 5. 1 § 1-7. Team (2012: 957) .
Section 24 If the Inspectorate for Care and Care finds that a healthcare provider or entity referred to in Section 7 does not fulfill its obligations under Chapter 3, and if there are grounds to suspect that the failure causes patient safety or safety to others, the inspection shall instruct the healthcare provider or the entity to discharge its obligations if it is not obviously unnecessary. A decision on injunction may be combined with a fine. This also applies to activities referred to in Section 2 if the activities are at risk for patient safety. Team (2012: 957) .
Section 25 An injunction pursuant to section 24 shall contain information on
: 1. the measures deemed necessary by the Inspectorate for Care and Care for the remedies to be remedied, and
2. when the measures are to be carried out by the end. Team (2012: 957) .
: 1. the measures deemed necessary by the Inspectorate for Care and Care for the remedies to be remedied, and
2. when the measures are to be carried out by the end. Team (2012: 957) .
Section 26 If an injunction pursuant to Section 24 is not complied with and if the misconduct poses a danger to patient safety or otherwise is of a serious nature, the Health and Care Inspectorate may decide to ban all or part of the activity.Team (2012: 957) .
Section 27 If there is a significant danger to patients' lives, health or personal safety in general, the Inspectorate for Care and Care, without prior notice, may decide to ban all or part of the activity. Team (2012: 957) .
Section 28 If there are likely reasons for the operation to be prohibited in whole or in part pursuant to sections 26 or 27 and such a decision can not be waived, the Health and Care Inspectorate may decide to completely or partially prohibit the activities until further notice.
Such a decision is valid for a maximum of six months. If there are special reasons, the validity of the decision may be renewed once for another six months. Team (2012: 957) .
Measures against healthcare professionals
Section 29 If the Health and Safety Inspectorate becomes aware that healthcare professionals do not fulfill their obligations under this Act or any other provision applicable to healthcare activities, the Inspectorate shall take steps to ensure that the obligations are met.
If healthcare professionals are reasonably suspected of having committed a crime for which prison is prescribed in the profession, the Inspectorate for Care and Care shall, subject to Chapter 9, Section 17, make an application for prosecution.
In Chapter 8, Section 3, second paragraph, the Genetic Integrity Act (2006: 351), contains special provisions that general prosecution for certain crimes may be brought only after the consent of the National Board of Health. Team (2012: 957).
Measures against legitimate healthcare professionals
Section 30 If the Inspectorate for Care and Care considers that there are grounds for decision-making on probation periods, revocation of identification, revocation of other qualifications for occupational health care or limitation of prescription rights under Chapter 8, the inspection shall report this to the Health- and the health services board. Team (2012: 957) .
8 ch. Trial period and revocation of identification, etc.
Probationary
Section 1 A trial period of three years shall be decided for the person who has a license to practice a profession in the health care sector, if the legitimate person
1. has been unfair in the exercise of his occupation and the ignorance may be considered to be of importance to patient safety;
2. in or in in connection with professional practice has committed crimes committed to affect him / her,
3. intentionally or negligently has violated any provision that is essential to patient safety, or
4. due to other circumstances, may be claimed to be inappropriate to practice the profession.
1. has been unfair in the exercise of his occupation and the ignorance may be considered to be of importance to patient safety;
2. in or in in connection with professional practice has committed crimes committed to affect him / her,
3. intentionally or negligently has violated any provision that is essential to patient safety, or
4. due to other circumstances, may be claimed to be inappropriate to practice the profession.
Probation times shall also be decided if it is considered that a licensed professional because of illness or similar circumstance will not be able to exercise his profession satisfactorily.
If there are special reasons, decision-making time may be omitted.
Section 2 In a probation decision, a plan shall be laid down by the legitimized if such a probation schedule is deemed to be of significance in order to overcome the misconduct that gave rise to the decision on probation. Proposals for a trial schedule are prepared by the Inspectorate for Care and Care, if possible in consultation with the legitimized.
The government or the authority determined by the government may issue regulations on the measures or conditions that may be included in such a plan. Team (2012: 957) .
Revocation of ID
Section 3 Identification of a profession in the health care sector shall be revoked if the legitimate person
1. has been grossly unfair in exercising his or her occupation;
2. in or outside the occupation has committed a serious crime committed to affect the trust of he or she, or
3. has otherwise been shown to be incapable of exercising the profession.
1. has been grossly unfair in exercising his or her occupation;
2. in or outside the occupation has committed a serious crime committed to affect the trust of he or she, or
3. has otherwise been shown to be incapable of exercising the profession.
If there are special reasons in the cases referred to in the first paragraph 2, revocation may be omitted.
4 § Papers should also be withdrawn if the registered
first because of illness or some similar circumstance can not practice the profession satisfactory,
2. has been granted probation under § 1, first paragraph and during the probation period again proved unfit to practice his profession,
third has been notified probation time with a trial schedule and failed to comply with the plan; or
4. requests that the credentials be revoked and there are no barriers to recall from a public point of view.
first because of illness or some similar circumstance can not practice the profession satisfactory,
2. has been granted probation under § 1, first paragraph and during the probation period again proved unfit to practice his profession,
third has been notified probation time with a trial schedule and failed to comply with the plan; or
4. requests that the credentials be revoked and there are no barriers to recall from a public point of view.
If there are special reasons in the cases referred to in the first subparagraph 2 or 3, revocation may be omitted. If revocation is refused, trial period may be decided once more.
Section 5 has been repealed by law (2016: 150) .
Section 6 If there are probable grounds for revocation in a case pursuant to section 3, first paragraph or section 4, first paragraph 2 or 3, the credentials shall be revoked until the question of revocation has been finalized. However, this only applies if it is necessary to ensure patient safety or else it is necessary from a public point of view.
A decision pursuant to the first paragraph shall apply for a period not exceeding six months. If there are special reasons, the validity of the decision may be renewed once more for a further six months.
Section 7 If there is reason to believe that a revocation is required pursuant to section 4, first paragraph, the authorized professional may be ordered to be examined by the doctor appointed by the Health Service.
If a medical examination order has been decided, the identification must be revoked until the issue of revocation has been finalized. However, this only applies if it is necessary to ensure patient safety or else it is necessary from a public point of view.
If the registered professional has not followed an injunction for medical examination within one year of receiving the injunction, the credentials may be revoked.
Revocation of other privileges
Section 8 Other jurisdiction to pursue a profession in health care than the certificate issued under Chapter 4 shall be revoked if the person entitled
1. has been unfair in exercising his or her occupation;
2. in or outside of the profession has been guilty of to a serious crime committed to affecting him or her confidence, or
3. has otherwise proved inappropriate to exercise the profession.
1. has been unfair in exercising his or her occupation;
2. in or outside of the profession has been guilty of to a serious crime committed to affecting him or her confidence, or
3. has otherwise proved inappropriate to exercise the profession.
Revocation shall also take place if the person who has obtained the qualification can not exercise the profession satisfactorily due to illness or similar circumstance.
Section 9 If there is reason to assume that the jurisdiction shall be revoked pursuant to Section 8, the jurisdiction shall be revoked until the issue of revocation has been finalized. However, this only applies if it is necessary to ensure patient safety or else it is necessary from a public point of view.
Limitation of prescription rights
Section 10 If a doctor or dentist has abused his / her ability to prescribe narcotics, other special medicines, alcoholic drugs or technical spirits, this authorization shall be withdrawn or restricted. The authorization should also be withdrawn or restricted if your doctor or dentist so requests. Team (2014: 828) .
Section 11 If there are probable grounds for suspicion of such abuse of prescription rights as referred to in section 10, the jurisdiction shall be withdrawn or limited until the question of termination or limitation of jurisdiction has been finalized. However, this only applies if it is necessary to ensure patient safety or else it is necessary from a public point of view.
A decision pursuant to the first paragraph shall apply for a period not exceeding six months. If there are special reasons, the validity of the decision may be renewed once more for a further six months.
New identification, etc.
Section 12 If a credential has been revoked or an authorization to prescribe narcotics, other special medicines, alcoholic drugs or technical liquor has been withdrawn or restricted, a new ID or authorization shall be issued upon application, subject to the requirements of Chapter 4. are met. Team (2011: 1190).
Competent authority
Section 13 The Health Services Board of Appeal examines questions under this chapter.
9 ch. Healthcare Responsibility Board
Composition and decision-making, etc.
Section 1 On notification of the Inspectorate for Health and Care, the Health Services Board of Health examines the matters referred to in Chapter 8, 1-11 §§.
At the request of the practitioner the matter applies to the Board of Appeal the questions referred to in Chapter 8. Section 1, Section 4, first paragraph 4, and sections 10 and 12.
Provisions for the right of the Ombudsman for the Riksdag and for the Registrar of Justice to make a notification in cases referred to in the first paragraph are contained in Section 6, third paragraph, of the Act (1986: 765) with instructions for the Ombudsman of the Riksdag and in Section 6, first paragraph, of the Act (1975: 1339) supervision. Team (2012: 957) .
Section 2 The Board of Responsibilities consists of one chairman and eight other members.
For the chairman one or more vice chairpersons shall be appointed. For each other member there must be a sufficient number of substitutes. Team (2016: 519).
Section 3 The Responsibility Board is decided with the chairman and at least six other members. At a meeting with the Board, all members shall be called. If a member notifies a barrier, a replacement shall be called.
Section 4 The chairman may make a decision
1. which does not include final decision in substance, but no decision for injunction to undergo a medical examination under Chapter 8. Section 7, first paragraph, or temporary revocation of identification or jurisdiction pursuant to Chapter 8, Section 6, Section 7, second paragraph, section 9 or section 11;
2. revocation on own request of credentials or jurisdiction in cases where there are no barriers to revocation;
3. revocation of credentials under Chapter 8; Section 7, third paragraph, when the legitimized did not follow the order for medical examination, or
4. if notified pursuant to Section 18.
1. which does not include final decision in substance, but no decision for injunction to undergo a medical examination under Chapter 8. Section 7, first paragraph, or temporary revocation of identification or jurisdiction pursuant to Chapter 8, Section 6, Section 7, second paragraph, section 9 or section 11;
2. revocation on own request of credentials or jurisdiction in cases where there are no barriers to revocation;
3. revocation of credentials under Chapter 8; Section 7, third paragraph, when the legitimized did not follow the order for medical examination, or
4. if notified pursuant to Section 18.
Cases decided in accordance with the first paragraph shall be notified at the next meeting with the Board. Team (2016: 150) .
Section 5 In the case of disqualification against the person handling cases in the Board of Appeal, the provisions of Chapter 4, the trial of jail against judges is applied.
Section 6 In the case of voting in the Board of Appeal, the provisions of Chapter 29, The Code of Conduct on Judgment in Courts with Only Legislative Members Applied. The chairman makes his opinion first.
The proceedings in the Board of Appeal
Section 7 A notification to the Board of Appeal shall be made in writing and contain information of
1. whose notification concerns and details of his occupation, address and workplace,
2. what is required in the case, and
3. the circumstances relied on in support of the notification.
1. whose notification concerns and details of his occupation, address and workplace,
2. what is required in the case, and
3. the circumstances relied on in support of the notification.
The notifier shall also submit the investigation made in the case.
If a party is represented by a representative, proxy shall be submitted.
Section 8 An application to the Board of Appeal shall be made in writing and shall be signed in its own right and shall contain information on
: 1. the applicant's name, social security number and postal address;
2. what is required in the case; and
3. the facts relied on in support of the application.
: 1. the applicant's name, social security number and postal address;
2. what is required in the case; and
3. the facts relied on in support of the application.
If a party is represented by a representative, proxy shall be submitted.
Section 9 If a notification or application is so insufficient that it can not be used as a basis for a substantive examination, the Board of Appeal shall order the notifier or the applicant to submit supplementary information within a certain period of time. In the order it must be noted that the case is not inadmissible.
Section 10 The procedure is in writing. Oral negotiations may, however, be deemed to be of benefit to the investigation.
Section 11 Notification and, where applicable, the attached documents shall be communicated as soon as possible to the party to whom the notification relates. The recipient must be submitted to reply within a certain time.
Submission and submission pursuant to the first paragraph is not necessary if it is clear that the notification can not be accepted or that the notification is unnecessary.
Section 12 The person who has been prepared to respond shall do so in writing, unless the Board of Appeal determines that the answer may be given in an oral hearing.
The answer will indicate if the respondent accepts or opposes the claimant's claim in the matter. If the defendant opposes the claim, he or she shall state the reasons for his attitude and the circumstances relied upon and, if applicable, file the documents referred to in the case.
Section 13 If a question requires special expertise, the Board of Responsibilities may obtain opinions from authorities and others with such special expertise.
In the case of experts, 40 chapters apply. Sections 2-7 and 12 of the Code of Conduct, applicable.
Those who are required to submit an opinion are entitled to compensation for their statement only if specifically provided.
Other experts are entitled to compensation of public funds for their assignment. The board may grant advances on such compensation.
Section 14 If the Board of Appeal finds that a witness or expert needs to be heard under oath or a party is heard under the guarantor's assurance or that someone is required to provide a written document or object as evidence, the board shall request that from the district court in whose area the person is staying which will be heard or otherwise affected by the measure.
If there are no barriers to it, the court shall hold a hearing or give notice. In the case of such measures, the applicable provisions shall apply to the taking of evidence in proceedings other than the main proceedings.
Section 15 For an oral hearing, the parties shall be called. A single party may be instructed to attend personally. In the order it must be stated that it does not prevent the case's further processing if he or she fails.
An individual party, who has agreed to an oral hearing, may be granted by the Board of Appeal a reasonable remuneration of general funds for travel and subsistence expenses. The board may grant advance payment.
The government announces detailed rules for compensation and advances.
Section 16 The provisions of sections 20 and 21 of the Administrative Act (1986: 223) shall also apply to decisions pursuant to Chapter 8 of the Act. Section 6, first paragraph, Section 7, first and second paragraphs, Section 9 and Section 11, first paragraph.
Application for prosecution
Section 17 The Board of Appeal finds in a case that there are conditions for notification of prosecution under Chapter 7. Section 29, second paragraph, the Board shall make such notification unless the Inspectorate for Care and Care has already reported the matter to prosecution. Team (2012: 957) .
Disclosure requirements
Section 18 On the Board of Appeal or a General Administrative Court under Chapter 8, decides on revocation of credentials, probationary period or withdrawal or limitation of prescription rights, the Board of Appeal shall decide to inform the competent authorities of other States of the European Economic Area (EEA) and Switzerland of the decision or judgment. The authorities shall be informed not later than three days after the date of the decision or judgment. If this decision or this judgment ceases to apply, the Board of Appeal shall without delay inform the competent authorities of other states in the EEA and in Switzerland.
Notifications under the first paragraph shall be made via the Internal Market Information System (IMI). Team (2016: 150) .
10 ch. Penalties and appeal, etc.
penalty provisions
Section 1 Anyone who intentionally or negligently commences, moves, or substantially changes an activity subject to supervision under this Act without having made the prescribed notification under Chapter 2, Section 1 or 2 shall be fined. Team (2013: 276) .
Section 2 Anyone who intentionally or negligently continues to conduct an activity contrary to a prohibition under Chapter 7, 26, 27 or 28 shall be sentenced to a fine or imprisonment for a period not exceeding six months.
Section 3 A physician whose identification has been revoked or whose jurisdiction has otherwise been terminated or restricted and who, as unauthorized and for compensation, exercises the medical profession, shall be sentenced to fines or imprisonment for a maximum period of six months.
Section 4 The unauthorized and reimbursed practitioner of the dental profession shall be sentenced to a fine or imprisonment for a period not exceeding six months.
As an unauthorized practice of dental practice, no professional activity is exercised by a person who has a dental hygienist or who has the required qualifications as a dental hygienist or dentist.
Section 5 Anyone who contravenes any of the provisions of Chapter 4, 3, 5 or 6 shall be sentenced to a fine.
Section 6 To a fine or imprisonment for a maximum of one year, it
shall be deemed to be a violation of one of the provisions of Chapter 5. 1 § 1-7, or
2. under the exercise of activities mentioned in Chapter 5, Section 1 intentionally or negligently
shall be deemed to be a violation of one of the provisions of Chapter 5. 1 § 1-7, or
2. under the exercise of activities mentioned in Chapter 5, Section 1 intentionally or negligently
(a) adds or treated a non-insignificant injury, or
b) causes danger of such damage.
The first paragraph 2 applies irrespective of whether the injury or danger has been caused by inappropriate treatment or by interruption or delay in medical treatment.
The fact that the offender has failed to realize the nature of the disease or to predict the injury or the danger does not release him or her from liability due to lack of education and experience.
If the offense is punishable by punishment pursuant to section 3 or 4, it shall instead be held liable under these provisions.
Section 7 Liability under any of the provisions of sections 3-6 shall not be judged if the act is subject to stricter penalty in another law.
Witnesses etc.
Section 8 If any person has committed a crime referred to in section 6, the Inspectorate for Care and Care may decide to prohibit him or her for a certain period of time or forever to pursue activities as referred to in Chapter 5, Section 1. Such a decision may be combined with knowing.
Anyone who contravenes such a prohibition of prohibition shall not be sentenced to punishment for acts covered by the prohibition of prohibition. Team (2012: 957).
Appeals against the decision of the Health Services Board
Section 9 The Board of Health's Board of Appeal's decision under this Act may be appealed to the General Administrative Court.
A test permit is required in appeal proceedings.
Section 10 Decisions of the Board of Appeal that do not mean that a case is settled may be appealed only in connection with appeal against the final decision in the matter.
However, a decision that is not final may be appealed, in particular, when the Board
: 1. dismissed opposition to a member of the Board or objection to opposition;
2. rejected a representative or assistant;
3. ordered the matter in pending the decision being made;
4. instructed anyone to undergo a medical examination under Chapter 8. Section 7, first paragraph, or
5. Order for compensation for participation in the case.
: 1. dismissed opposition to a member of the Board or objection to opposition;
2. rejected a representative or assistant;
3. ordered the matter in pending the decision being made;
4. instructed anyone to undergo a medical examination under Chapter 8. Section 7, first paragraph, or
5. Order for compensation for participation in the case.
Section 11 The final decision of the Board of Appeal may only be appealed against by the
Inspectorate for Care and Care for the Protection of General Interests, and
2. the Occupier to whom the decision is addressed.
Inspectorate for Care and Care for the Protection of General Interests, and
2. the Occupier to whom the decision is addressed.
Provisions for the right of the Ombudsman for the Riksdag and for the Registrar to appeal against a decision on probation or jurisdiction are contained in Section 7 of the Act (1986: 765) with instructions for the Ombudsman of the Riksdag and in Section 7 of the Act (1975: 1339) on the supervision of the Attorney General. Team (2012: 957) .
Section 12 Decision on matters referred to in Chapter 8 and 9 chap. Section 18 applies immediately, unless otherwise stated in the decision. Team (2016: 150) .
Appeal of the Inspectorate for the care and care and social welfare decision etc.
Section 13 The Inspectorate for Care and Care's decision may be appealed to the General Administrative Court if the decision concerns the
first order under Chapter 7. Section 20, second paragraph, to provide information, documents or other material;
2. Order under Chapter 7. Section 24 to make correction,
3. Prohibition under Chapter 7. Section 26, 27 or 28, or
4. prohibiting the pursuit of activities pursuant to section 8, first paragraph.
first order under Chapter 7. Section 20, second paragraph, to provide information, documents or other material;
2. Order under Chapter 7. Section 24 to make correction,
3. Prohibition under Chapter 7. Section 26, 27 or 28, or
4. prohibiting the pursuit of activities pursuant to section 8, first paragraph.
Other decisions of the Health and Care Inspectorate under this Act may not be appealed.
A test permit is required in appeal proceedings. Team (2012: 957) .
13 a § The National Board of Health's decision on identification or other jurisdiction under Chapter 4 may be appealed to the General Administrative Court.
Other decisions of the National Board of Health pursuant to this Act may not be appealed.
A test permit is required in appeal proceedings. Team (2012: 957) .
Section 14 Decisions that the Inspectorate for Care and Care and the National Board of Health notifies under this Act shall apply immediately, unless otherwise stated in the decision. Team (2012: 957) .
Handling in General Administrative Court etc.
Section 15 The Inspectorate for Care and Care is the counterparty of the professional who appealed against the final decision of the Board of Appeal or a court pursuant to Chapter 8. 1-12 §§. This applies, however, unless otherwise provided in Section 7, second paragraph, of the Act (1975: 1339) concerning the supervision of the Attorney General or Section 7, second paragraph, of the Act (1986: 765), with instructions for the Ombudsman of the Riksdag. Team (2014: 62) .
Section 16 If the execution of a decision on probationary term has been terminated or inhibited as a result of a court decision following an appeal, but thereafter a trial period shall be decided, only the period during which probationary time is in progress shall be included in the probationary period.
Section 17 Decisions by the Public Administrative Court pursuant to this Act shall apply immediately, unless otherwise specified in the decision.
Transitional
2010: 659
1. This Act enters into force on January 1, 2011, when the Occupational Occupational Health Act (1998: 531) shall expire.
2. Those who received a dental exam in accordance with the provisions in force prior to 1 July 1994 shall perform practical service in accordance with the provisions in force at this time in order to obtain a dental qualification.
3. For cases of probation, revocation of credentials and other permissions or limitation of prescription right appealed to by the Health Services Board before 1 January 2011, the provisions of the repealed Act still apply.
4. If trial time has been decided on the basis of the repealed Act, Chapter 5 still applies. Section 7, first paragraph, 4 of that Act.
5. The Health Board's Board of Appeal shall submit to the National Board of Health and Welfare the actions in the disciplinary proceedings initiated by the Board before 1 January 2011 and which have not yet been resolved. At the National Board of Health's handling of these cases, Chapter 7 applies. 10-18 §§ the new law.
6. The repealed Act shall continue to apply for examination of disciplinary disciplinary proceedings following an appeal or by the Health Service Board of Appeal after referral from court.
2011: 1190
This law enters into force on January 1, 2012 but is applied for time from January 1, 2011.
2012: 957
1. This Act shall enter into force on 1 June 2013.
2. For the purposes of applying Section 7a of the Administrative Procedure Act (1971: 291), the Inspectorate for Care and Care shall be the counterparty of the individual if the inspection after the entry into force is authorized to handle that type of question under review.
3. For acts referred to in Chapter 10, Paragraphs 1 and 2 and committed before the entry into force apply 2 chapters. Sections 1 and 2 and chapter 7 Section 26-28 in its earlier version. Team (2013: 276) .
1. This Act shall enter into force on 1 June 2013.
2. For the purposes of applying Section 7a of the Administrative Procedure Act (1971: 291), the Inspectorate for Care and Care shall be the counterparty of the individual if the inspection after the entry into force is authorized to handle that type of question under review.
3. For acts referred to in Chapter 10, Paragraphs 1 and 2 and committed before the entry into force apply 2 chapters. Sections 1 and 2 and chapter 7 Section 26-28 in its earlier version. Team (2013: 276) .
2013: 1149
1. This Act enters into force on 1 January 2014.
2. Applications for identification as a physiotherapist who have been admitted to the National Board of Health before 1 January 2014 but have not yet been resolved shall apply as applications for identification as a physiotherapist.
3. When applying for a certificate as a physiotherapist, the degree in physiotherapy shall be regarded as equivalent to a physiotherapist exam.
4. Older provisions still apply to legitimate physiotherapists and for occupational physiotherapists.
1. This Act enters into force on 1 January 2014.
2. Applications for identification as a physiotherapist who have been admitted to the National Board of Health before 1 January 2014 but have not yet been resolved shall apply as applications for identification as a physiotherapist.
3. When applying for a certificate as a physiotherapist, the degree in physiotherapy shall be regarded as equivalent to a physiotherapist exam.
4. Older provisions still apply to legitimate physiotherapists and for occupational physiotherapists.
2014: 62
1. This Act shall enter into force on 1 March 2014.
2. It shall also apply to decisions notified prior to the entry into force.
1. This Act shall enter into force on 1 March 2014.
2. It shall also apply to decisions notified prior to the entry into force.
2017: 378
1. This Act shall enter into force on 1 January 2018.
2. For cases initiated by the Inspectorate for Care and Care before 1 January 2018, Chapter 7 applies. Sections 11-13, 15, 16 and 18 in the earlier version.
1. This Act shall enter into force on 1 January 2018.
2. For cases initiated by the Inspectorate for Care and Care before 1 January 2018, Chapter 7 applies. Sections 11-13, 15, 16 and 18 in the earlier version.
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