|
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
6 April 2000 [shall come
into force on 4 May 2000];
25 March 2004 [shall come into force on 22 April
2004];
10 December 2009 [shall come into force on 1 January
2010];
17 October 2013 [shall come into force on 30 October
2013].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
On Doctors in Private
Practice
Chapter I
General Provisions
Section 1
Terms used in the Law:
1) doctor in private practice - a certified medical
doctor who has registered a private medical practice and is
practising medical treatment in accordance with the procedures
laid down in this Law;
2) private medical practice - a specially equipped
workplace registered in accordance with the procedures laid down
in this Law where a doctor in private practice carries out
medical treatment activities;
3) doctor under supervision - a doctor who is not
certified in a specialty and works under supervision of a
certified doctor;
4) intern - a doctor who is studying in an accredited
professional medical residency educational programme to acquire a
specialty in medicine and is in a employment relationships with
the medical treatment institution which implements the
educational programme.
[25 March 2004; 10 December 2009]
Section 2
(1) The professional activity of a doctor in private practice
(hereinafter also - the activity) is intellectual work, it is a
self-employed profession. The activity of a doctor in private
practice is the foundation of medical aid.
(2) The activity of a doctor in private practice is governed
by this Law and other laws and regulations.
Section 3
Latvian citizens, non-citizens, and foreigners who have a
permanent residence permit, who have received a doctor's
certificate issued by the Latvian Medical Association and have
registered a private medical practice in accordance with the
procedures laid down in this Law may be a doctor in private
practice.
[10 December 2009]
Section 4
The following persons may not be a doctor in private
practice:
1) persons who do conform to the requirements of Section 3 of
this Law;
2) persons who have been convicted or are being accused of an
intentional crime;
3) persons who have been convicted of committing an
intentional crime even if they have been released from serving
the sentence due to the limitation period, amnesty or clemency,
or their criminal record has been set aside or extinguished;
4) persons who have been removed from the office by a court
judgement in a criminal case;
5) [10 December 2009];
6) persons who are under guardianship.
[10 December 2009]
Chapter II
Professional Activity of a Doctor in Private Practice
Section 5
A doctor in private practice shall work individually or in
cooperation with other doctors in private practice or medical
treatment institutions.
Section 6
A doctor in private practice shall work personally and
directly. Medical treatment may not be performed by means of mass
media and communication tools or in a written correspondence.
Section 7
A doctor in private practice shall work in a speciality (there
may be several specialities) specified in his or her doctor's
certificate. The specialties in which a doctor in private
practice may not work at the same time shall be determined by the
Latvian Medical Association.
[6 April 2000]
Section 8
In case of professionally justified necessity, a doctor in
private practice has the rights and obligation to refer the
patient to a doctor of a different specialty.
[10 December 2009]
Section 9
A doctor in private practice shall be independent in his or
her activity.
[10 December 2009 / Amendment regarding the deletion
of the second, third, and fourth sentence shall come into force
on 1 March 2010. See Paragraph 2 of Transitional
Provisions]
Section 10
One doctor under supervision may work under management of a
doctor in private practice. If a doctor in private practice is
included in the list of doctors with the right to teach, he or
she may supervise one more doctor under supervision working in
the same specialty as the doctor in private practice.
Section 11
A doctor in private practice has the right to perform
expert-examination of temporary incapacity for work and issue
documents certifying temporary incapacity for work in accordance
with the procedures stipulated by the Cabinet.
Section 12
A doctor in private practice shall keep medical documents in
accordance with the laws and regulations regarding the procedure
for keeping medical records.
[10 December 2009]
Chapter III
Financial Activity of a Doctor in Private Practice
Section 13
A doctor in private practice shall be financially independent
in his or her activity.
Section 14
(1) A doctor in private practice shall keep his or her records
of income and expenditures in accordance with the procedures laid
down in the laws and regulations. The revenues of a doctor in
private practice shall consist of payments from patients, State,
local governments, insurance companies, and other natural or
legal persons for health care services and training.
(2) A doctor in private practice shall pay taxes in accordance
with the procedures laid down in the law.
[6 April 2000; 10 December 2009]
Section 15
[10 December 2009 / See Paragraph 2 of Transitional
Provisions]
Section 16
[10 December 2009 / See Paragraph 2 of Transitional
Provisions]
Section 17
[17 October 2013]
Section 18
A doctor in private practice has the right, in accordance with
the laws and regulations, to hire personnel who performs work
related to the private medical practice. The doctor in private
practice shall be responsible for the activity of such
personnel.
Section 19
A doctor in private practice has an obligation, within seven
days, to notify the relevant local government, the Health
Inspectorate as the keeper of the Register of Medical Treatment
Institutions (hereinafter - the Register of Medical Treatment
Institutions), and the State Revenue Service of the starting of
the activity of a doctor in private practice or of a change in
the address of the private practice.
[10 December 2009]
Chapter IV
Rights, Obligations, and Responsibility of a Doctor in Private
Practice to the Patient
Section 20
(1) A doctor in private practice has the right to purchase
means of medical treatment from a drug wholesaler or a pharmacy,
including psychotropic or narcotic drugs, which are necessary for
him or her for ensuring his or her activity.
(2) A doctor in private practice shall be responsible for the
storage and use of such means of medical treatment in accordance
with the procedures provided for in the law.
Section 21
A doctor in private practice shall issue prescriptions for
medicinal products to his or her patients in accordance with the
procedures laid down in the laws and regulations. A doctor in
private practice has an obligation to report adverse effects of
medicinal products observed in his or her practice in accordance
with the procedures laid down in the laws and regulations.
[25 March 2004; 10 December 2009]
Section 22
(1) A doctor in private practice shall perform the prevention,
treatment, and limitation of the spread of infectious diseases in
accordance with the procedures laid down in the laws and
regulations.
(2) A doctor in private practice has an obligation to inform
the medical practitioner who is working with the patient after
him or her of any infectious diseases if such have been diagnosed
for the relevant patient.
Section 23
A doctor in private practice shall be responsible for the
preservation of unborn life. A doctor in private practice has an
obligation to try to talk a female patient out of termination of
a pregnancy if such pregnancy does not contradict with the health
of the female patient and there is no threat of a hereditary or
acquired disease to the newborn infant. A doctor in private
practice has the right to refuse to terminate a pregnancy if
there are no medical grounds for such termination.
Section 24
[10 December 2009 / See Paragraph 2 of Transitional
Provisions]
Section 25
[10 December 2009 / See Paragraph 2 of Transitional
Provisions]
Chapter V
Registration of Patients with a Doctor in Private Practice
Section 26
A patient shall register with a doctor in private practice in
accordance with the procedures laid down in the laws and
regulations, and the doctor of such private practice shall keep
the medical documents of the patient. A patient, when registering
with a doctor in private practice or receiving medical aid, shall
present a personal identification document.
[10 December 2009]
Section 27
If the patient is changing his or her doctor in private
practice, the doctor in private practice has an obligation,
within three working days after receipt of the patient's
application, transfer copies, true copies of, and extracts from
medical documents to the patient or the doctor in private
practice chosen by the patient, or to the medical treatment
institution.
[10 December 2009]
Chapter VI
Cooperation of Doctors in Private Practice and Mutual
Replacement
Section 28
A doctor in private practice may only be replaced by a doctor
working in the same specialty.
[10 December 2009]
Section 29
(1) A doctor in private practice has an obligation to find a
replacement for himself or herself if his or her absence from the
practice is longer than five days. The doctor in private practice
shall notify the Register of Medical Treatment Institutions of
the replacement.
(2) If a doctor in private practice is not able to find a
replacement, he or she shall notify the Register of Medical
Treatment Institutions thereof and ensure that information is
publicly available at his or her practice on the possibilities of
obtaining healthcare at other medical treatment institutions.
(3) A doctor in private practice may be replaced for a time
period up to two years.
[10 December 2009]
Chapter VII
Termination and Suspension of Activity of a Doctor in Private
Practice
[10 December 2009]
Section 30
(1) A doctor in private practice may terminate his or her
activity upon his or her own initiative, immediately notifying
the Register of Medical Treatment Institutions thereof.
(2) A doctor in private practice, when terminating his or her
activity, shall guarantee the confidentiality of the information
obtained during the activity.
(3) When terminating his or her activity, a doctor in private
practice shall transfer medical documents to the archives or -
upon a patient's application - to another doctor in private
practice or medical treatment institution, drawing up an act of
acceptance and delivery and notifying the archives thereof.
[10 December 2009]
Section 31
The Register of Medical Treatment Institutions is entitled to
exclude a doctor in private practice from the Register:
1) if any of the restrictions of Section 4 of this Law apply
to the doctor in private practice;
2) if the doctor in private practice provides false
information to the Register;
3) if the doctor in private practice has not performed the
activity of a doctor in private practice for more than two
continuous years;
4) due to the death of the doctor in private practice.
[10 December 2009]
Section 31.1
(1) The activity of a private practice shall be suspended:
1) in the cases specified in the Medical Treatment Law;
2) by the doctor in private practice upon his or her own
initiative if his or her absence is longer than three months and
he or she has no replacement.
(2) A doctor in private practice shall notify the Register of
Medical Treatment Institutions of the suspending the activity of
the private practice in the case specified in Paragraph one,
Clause 2 of this Section and shall ensure that information is
publicly available at his or her private practice on the
suspension of the activity of the private practice and the
possibilities of receiving healthcare at other medical treatment
institutions.
(3) A doctor in private practice shall ensure that during the
time when the activity of his or her private practice is
suspended the patients have access to their medical
documents.
(4) A doctor in private practice may suspend the activity of
his or her private practice for a time period up to two
years.
[10 December 2009]
Chapter VIII
Certification of a Private Practice of a Doctor
Section 32
A private practice of a doctor shall be certified in
accordance with the procedures laid down in the laws and
regulations.
[6 April 2000]
Section 33
[6 April 2000]
Section 34
[6 April 2000]
Section 35
[6 April 2000]
Section 36
(1) A doctor in private practice has an obligation to get
familiar with the decisions of the local government on the
provision of medical aid in the relevant area, and also on the
cooperation with relevant health care and other institutions in
cases of disasters, epidemics, and other emergencies.
(2) A doctor in private practice, when starting his or her
activity, shall inform the relevant local government of his or
her working hours.
Chapter IX
Registration of a Private Practice of a Doctor
Section 37
(1) A private practice of a doctor shall be registered with
the Register of Medical Treatment Institutions.
(2) The procedures for the suspension of a private practice of
a doctor and the replacement of the doctor in private practice
shall be determined by the Cabinet.
[10 December 2009]
Section 38
[10 December 2009]
Chapter X
Final Provisions
[10 December 2009]
Section 39
An administrative act or actual action of the Register of
Medical Treatment Institutions may be contested to the Ministry
of Health.
Section 40
An administrative act or actual action of the Ministry of
Health, and also a decision on the contested administrative act
or actual action may be appealed to a court in accordance with
the procedures laid down in the Administrative Procedure Law.
Transitional Provisions
1. Section 38 of this Law shall come into force on 1 January
1998.
2. Amendments to Section 9 of this Law regarding the deletion
of the second, third, and fourth sentence, amendments regarding
the deletion of Sections 15, 16, 24, and 25 shall come into force
on 1 March 2010.
[10 December 2009]
The Law has been adopted by the Saeima on 24 April
1997.
President G. Ulmanis
Rīga, 8 May 1997
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)
