Extracts from the Patients’ Rights Act No 46 of 21 January 2003
For the purposes of this Act:
(a) patient means a healthy or sick person using health services;
b) discrimination means the distinction made between persons in similar situations on the basis of race, sex, age, ethnicity, national or social origin, religion, political opinions or personal dislike;
(c) health care means medical services, community services and services related to health care;
(d) medical intervention means any examination, treatment or other medical act for the purpose of preventive diagnosis, therapy or rehabilitation;
(e) terminal care means care given to a patient with available means of treatment when it is no longer possible to improve the fatal prognosis of the condition and care given near death.
Patients have the right to the highest quality health care available to society, in accordance with human, financial and material resources.
The patient has the right to be respected as a human person without any discrimination.
CHAPTER II: The patient’s right to medical information
The patient has the right to be informed about available medical services and how to use them.
(1) The patient has the right to be informed of the identity and professional status of health care providers.
(2) The hospitalised patient has the right to be informed of the rules and customs he/she must observe during hospitalisation.
The patient has the right to be informed about his/her health condition, the proposed medical interventions, the potential risks of each procedure, the existing alternatives to the proposed procedures, including non-treatment and non-compliance with medical recommendations, as well as about diagnostic and prognostic data.
The patient has the right to decide whether he or she still wishes to be informed if the information presented by the doctor would cause him or her distress.
Information shall be made known to the patient in respectful, clear language, with the minimisation of specialist terminology. If the patient does not speak Romanian, the information shall be given in the patient’s mother tongue or in a language known to the patient or, where appropriate, another form of communication shall be sought.
If the patient is not a Romanian citizen, the information shall be given in a language of international circulation or, where appropriate, another form of communication shall be sought.
The patient has the right to expressly request not to be informed and to choose another person to be informed instead of him/her.
Relatives and friends of the patient may be informed about the progress of investigations, diagnosis and treatment with the patient’s consent.
The patient has the right to request and obtain another medical opinion.
The patient or the person expressly designated by the patient, as provided for in Articles 9 and 10, has the right to receive, on discharge, a written summary of the investigations, diagnosis, treatment, care provided during the period of hospitalisation and, on request, a copy of the records of the high-performance investigations, once only.
CHAPTER III: Patient consent to medical intervention
The patient has the right to refuse or stop a medical intervention by taking responsibility for their decision in writing; the consequences of refusing or stopping medical acts must be explained to the patient.
When the patient is unable to express his or her wishes, but emergency medical intervention is necessary, medical staff shall have the right to infer the patient’s consent from a previous expression of his or her wishes.
If the patient requires emergency medical intervention, the consent of the legal representative is no longer required.
Where the consent of the legal representative is required, the patient must be involved in the decision-making process to the extent that his/her capacity for understanding allows.
(1) If health care providers consider that the intervention is in the patient’s best interests and the legal representative refuses to give his consent, the decision shall be referred to a specialist arbitration committee.
(2) The arbitration commission consists of 3 doctors for inpatients in hospitals and 2 doctors for outpatients.
The patient’s consent is mandatory for the collection, storage and use of all biological products taken from his/her body in order to establish the diagnosis or treatment with which he/she agrees.
The patient’s consent is required for participation in clinical medical education and scientific research. Persons who are not capable of expressing their will may not be used for scientific research, unless consent is obtained from their legal representative and the research is also in the patient’s interest.
The patient may not be photographed or filmed in a medical facility without his or her consent, unless the images are necessary for diagnosis or treatment and to avoid suspicion of medical negligence.