BRIEF CONSIDERATIONS ABOUT THE LAW NO. 118/2007 REGARDING THE ORGANIZATION AND FUNCTION OF THE ACTIVITIES AND PRACTICALITIES OF COMPLEMENTARY/ALTERNATIVE MEDICINE

BRIEF CONSIDERATIONS ABOUT THE LAW NO. 118/2007 REGARDING THE ORGANIZATION AND FUNCTION OF THE ACTIVITIES AND PRACTICALITIES OF COMPLEMENTARY/ALTERNATIVE MEDICINE

 

Valentin – Stelian BÂDESCU Lawyer and university lecturer Ph.D, Bucharest Bar, Romanian-German University, Sibiu

Abstract: The setting up and publication of the Law no. 118/2007 in the Off. Monitor regarding the organization and functioning of the activities and practicalities of complementary/alternative medicine passed almost not-noticed and even in medicine, only a few of them-traines of complementary/alternative medicine, who were effectively interesed and greeted this normative act. The greeted and that’s all, because its effective application wasn’t achieved at least until the setting up of this present material, being absent the methodological norms, which had to be emitted by the Health Ministry, during a year from the publication ofpresent law Keywords: right to health care, complementary medicine / alternative, allopathic medicine

1. Argumentum

The setting up and publication of the Law no. 118/2007 in the Off. Monitor regarding the organization and functioning of the activities and practicalities of complementary/alternative medicine

passed almost unnoticed even in the medical field, only a few of them-traines of complementary/alternative medicine, who were effectively interesed and greeted this normative act. The greeted and that’s all, because its effective application wasn’t achieved at least until the setting up of this present material, being absent the methodological norms, which had tobe emitted by the Health Ministry, during a year from the publication of present law.

You will wonder which is the target of such a material, a brief research material, as good for the specialists in the matter but, this is the main target of our scientific approach to draw an alarm signal, the innumetable maybe?, on the unbearble agravation of the health state on Romania’s citizens, of the colapse of our madical system as, chiefly on a possible solution, a useful, cheap, pertinent one, of solving of this state of affairs.

I have permanently in view the fact that health is not an isolated iproblem, to be taken into consideration not only from the medical perspective, but also from a juridical one. The disease and the health represent a determined society and they have determined relations with a series of other dimensions of this society and we insist on the idea that health cannot be defined as absence of the disease or man’s adaptation to medium, but as a physical, mintal, social welfare. There is a relation between the life quality and health, „health” appearing as a hypostatis of quality and the dimension of the „life quality” concept being assigned to that „health”. We don’t write the target of combatting and criticizing the „allopathic medicine” we proposed that this material is a tool in the fight against pharmaceutical laboratories, for reporting practices of medicinal and industrial accidents caused in the past 20 years hundreds of products they put on the market after obtaining approval, would require more pages than the front. List of drugs that have caused accidents that have been withdrawn from circulation is dramatically long. These accidents were spectacular and the media impact was on the measure. Dangerous drugs list, but still on the market, it is immeasurably long. They cause accidents and long term and therefore do not speak of them because these effects are not known.

How was allopathic medicine in this state of dependence on the pharmaceutical laboratories? Without making an objective critique of the basic principles of allopathic medicine as we know the physiological and biological limits, we conclude and we say that allopathic medicine treats the effects – not causes – of most diseases and is based on outdated and false dogmas, prescribe medicines whose development is based on anti-scientific principles, does not deal with prevention and ignores the actual size of the individual. As allopathic medicine is a science is not science, commerce and industry became, following the general rules of the capitalist system and has an arsenal of drugs absolutely useless or dangerous to public health

We advocate for health care reform, which never end in these two decades wasted, to consider the principles of organization of the medical profession and the provision of medical services, rights and obligations assumed by the new models medical practice in accordance with the fundamental rights of doctors and patients as they have established in the Constitution (Article 22, Right to life and physical and mental integrity and art. 34 -Right to health care. Medical personnel, having considered a profession noble, contribute to meeting these basic human rights, but also ethical and legal rules.

The work has proposed that the information provided to be a potential guide for physicians, medical organizations, students and teachers, other professionals whose work intersects with healthcare and treats from a legal perspective the scope of medical services providers are perceived as legislative reform in the health sector. This is a unique tool in terms of both editorial and particularly useful for those working in legal, medical, health, and public administration. Thus, this work without going into details, examine, inter alia, constitutional and legal foundations of public health services in Romania, the legal issues involved in providing medical services, the principle of free access to medical services, free competition and transparency in providing these services. Also, is also a reflection on the major crisis faced by Romanian health system, was presented the priorities and solutions to the disadvantages faced by the subjects of this system.

And at European Interest Group meeting of the European Parliament on complementary and alternative medicine (CAM), emphasized that the Romanians are adherents of natural medical treatments and that the EU should continue to support the marketing of these products, especially if we to their advantages in terms of cost to the patient in the current economic crisis. The Committee on Environment, Public Health and Food Safety in the European Parliament argued that in Romania segment homeopathic treatment type and number of physicians who receive competent in this area are continuously growing. „We see an increasing demand for CAM therapies and products. MCA is a treatment option sought by many millions of European citizens. Complementary and alternative medicine focuses on strengthening the patient, giving them a choice, to be autonomous when it comes to how they treat. This is in full compliance with EU Health Programme for 2008­2013, which focuses on health promotion and policies that lead to a more healthy life. „The conclusion was drawn that there is a possible expansion of the framework legislative directive on THMP (traditional herbal medicinal products prepared). The Commission also encourages Member States submitted that the Council and European Parliament to submit a request to expand this framework, even through legislative proposals on its own initiative. The Commission is open for collaboration in this area and support any initiative. In the current economic crisis affecting the European model of social welfare, when funding problems force governments to rationalize health expenditure, MCA can not be denied benefits. Because alternative medicine and complementary to be a guarantee to patients, it should be, but, well taught and are also aware of its limitations. It needs also an organizational structure, including a code of ethics and a series self-regulatory mechanisms. I think that research in this area must be supported MCA, existing knowledge to be shared far and be given a new importance in Europe.

2. Herbal medicine, natural medicine, complementary medicine, alternative medicine

The term herbal or natural medicine refers to those therapeutic practices related to nature, inspired by it to use products, the natural, ancient and traditional techniques, tested by time. 18th and 19th centuries known momentum in this direction, but early forms can be found herbal practice since the time of the Hippocratic school, which can be considered the first natural therapies practitioner oriented (400 years before Christ). Adherents of this school, believed that everything in nature is placed on a rational, awarded to the doctor’s task to understand these laws and follow the path environment. They saw the effect of disease and the search for causes in nature: water, air, food, etc..

The principles of healing in herbal medicine is based on a return to nature -„Dream medicatrix naturae” – (the healing power of nature) in determining diet, exercise, movement, beneficial use of natural environmental factors (air water, sunlight) microclimate, eliminating potentially harmful products, abandoning unhealthy habits, increase the vitality of the patient (radiant therapy, elimination of stress factors, dietary supplements).

Complementary medicine includes acupuncture, acupressure, reflexology, phytotherapy, homeopathy, aromatherapy, massage, diet therapy, Apitherapy, etc. balneotherapy. Being a so-called complementary medicine, „complement” allopathic medicine, interferandu up with it on different levels. Extent that it took today on the one hand due deficiencies and adverse effects often encountered in practice allopathic and costs of growing unbearable by the patient and health systems, with the side effects of therapies, sometimes difficult to avoid.

The concept of „new medicine”, requires consideration of the whole (mind body / spirit-mind body and soul) when you want a lasting cure. Medicine „subtle bodies” (energy medicine) takes a new approach in the new millennium, in agreement with modern scientific progress. Dr. Gerard Ryke Hamer, make the concept „new medicine” universal biological principles and the interplay between the three levels comprising the human being: mental, brain, organs, the psyche is the integrator of all functions and all areas of conflict behavior, Chief of these are brain functions.

On allopathic medicine, this is what George says Vitulkas a great therapist homeopath: „The reason that established medicine (allopathic) a position is so shaky, if not dangerous, is that primary research was not based on any law ever or a recognized principle of nature that govern health and disease. The need to identify such laws or principles has become increasingly important today. All sciences are based on the laws of nature and nobody can afford to ignore the first modern scientific medicine. This does not mean that allopathic medicine must be blamed. It should, however, that rethinking and using natural therapeutic practices, to contribute more to the enforcement of the Hippocratic principle of „primum non Nocera” (first do no harm), to restore health. Using complementary techniques and methods of treatment not exclude or replace the diagnosis, treatment or medical procedures.

We turn first of all, homeopathy, learners to practice the discipline of medicine as therapeutic way it’s becoming homeopathy is extremely tortuous, because the doctor decided to learn Homeopathy lives a few big emotions or feelings that him to face, more or less awful, mainly with oneself. They appear as acute moments, decisive, can temporary or completed in its adherence „to the method.

First, the first hearing or reading the notion of homeopathy, he faced his own

„strip” of training and practice already acquired in a profession as complex and tense as the beginning of the millennium with the threads of medicine a concept that seems extremely simplistic at first sight, one that relies homeopathic medicine. It is responsible for understanding the principle of similarity between difazice effects of one and the same substance which, under certain conditions, may be „bad” the healthy, as, throughout it, and also in certain circumstances, can cure a bad like „the sick body. Everything holistic. This is actually the problem. Who has the power of understanding or time to implement and a great service without hesitations no longer has any reluctance.

For doctors, the first feeling of confrontation with homeopathy is more one of disbelief, like a downhill before the altar of science, a field of possible speculation flatter ignorance or acceptance of a type of empiricism where we know that Some hurled anathema forever, and they did it respect for the so-called „real” science. Of course, with a little patience, your „credit”, which is on the job, quickly found the opposite, namely that the truth is most homeopathic thorough scientific investigation and medical examination. Yes, you read correctly throughout the building homeopathic doctrine is based on irrefutable scientific experiments, not on illusions. Homeopathic repertory, so carefully constructed, are testimony to this fact is often unknown even by many fellow doctors. In fact, a homeopathic repertory includes chapters on a range of symptoms for which they are written in abbreviated names of substances that could cause symptoms as a result of experiments and observations and clinical toxicology, substance now and then the healing remedies the same disorders that can cause human health.

Exact knowledge of the totality of symptoms a patient is known, is the cornerstone of the doctrine of homeopathy, the road beginning knowledge of how the body’s healing sick. Because homeopathy, well-analyzed symptoms to stress and helps us to use that remedy which „knows” exactly homeopathic healing journey, already completed by him in experiments, but still difficult to explain the pathophysiological point of view. Many people say he does not know what happiness is but recognizes that the path, the path to happiness, it is noticeable and awesome. In homeopathy we have to accept whatever the reality, as can be seen on the time it allows us to know and appreciate us even more as they are confirmed by practical knowledge.

A second possible confrontation, to call it so, is linked – for now – the first healings or findings of the effect of homeopathic remedy, in his struggle with illness. There are not words, are facts. They see and of course, convincing. Most times, at first, even stupefiază. Often homeopathy, before an unexpected healing, especially if it is a relentless disease, the physician first patient is stunned. Moment of truth is pure, that God should make us happy, not us stunned! Border it clears, it is essential. From here on begins the study of caring, passionate, the homeopathic medicine, became convinced of that feeling. Way of the study, directed by certain results, is ascendant.

3. Law no. 118/2007 on the organization and operation activities and practices of complementary medicine / alternative

From the very beginning, we can notice, in the title of the law, which should be clearly, unequivocally, specifically indicating that the legislature inserted the scope, willingly or forced, confusion, using two terms that have the same meaning, but which in reality are distinguished from one another.

We will not go into details of legislative technique, we will do in a future study, but with little trouble we appeal to the definitions as they are found in dex.on line. More specifically, complementary is grammatically an adjective that completes a work, a fact etc. Complineşte which complements, completing or a noun designating one of the two subsets of a larger crowd. While AC is also an adjective often adverbial, alternating cyclically defining something regularly, „when one, while another, one by one.”

What did Romanian legislature to regulate? A complementary medicine as it is the first term in the title of the law, or an alternative, or both equally. However, none or other. Methodological rules ought to clarify this reluctance to euphemistically call it, is missing, as mentioned in the foregoing and are useless for almost five years this toil. It was premeditated, was lack of political will and interest, were all in one place and that the expense of the Romanian citizen, taxpayer left the State ought to protect him from the reach of destroyers of people, those who ruled and govern so destructive destiny of Romania in the last twenty years.

And yet, lacking any political constraints, the passions and prejudices, we move to an analysis, even the summary of the provisions of Law no. 118/2007 on the organization and operation activities and practices of complementary medicine / alternative (Act) aims to regulate the activities and practices of complementary medicine / alternative aimed at preventing disease, promoting health, curing diseases and improving the biopsychosocial and spiritual point of view human being. Under that law, medicine, complementary and / or alternative includes those health care practices that are not integrated into primary health care services and are used as adjuvant therapies or replace conventional therapies. Practices and activities complementary medicine / alternative theories are based on beliefs and experiences of different national cultures used for the prevention, diagnosis and treatment of somatic and mental diseases, here complementary medicine / alternative practices and therapies include natural, organic, nutrition, manual therapies , bioelectromagnetic and energy.

The main areas of practice complementary medicine / alternative are recognized worldwide in the annex that is part of that law. Other areas of practice in complementary medicine / alternative can be determined by the minister of public health. For each of these areas will be created by the associations in each area, if not already, occupational standards are periodically reviewed and approved according to legal regulations. Activities and practices of complementary medicine / alternative may be exercised by the following professional categories, as provided by law: doctors, dentists and pharmacists, psychologists, and graduates of other higher education institutions. To become practitioners of complementary medicine / alternative, these people are required to possess free practice permit issued under the law, the opinion of the Ministry of Public Health National Center for Health Training in the Field. Permit the free practice of complementary medicine / alternative is releasing the following documents:

–         Diploma awarded by the institution of higher education or certificate or certificate of specific training in the field;

–         Criminal record and health certificate;

–       Opinion of the Medical Practitioners Order complementary / alternative.

In the exercise of complementary medicine / alternative medicine practitioner complementary / alternative medicine practitioners adhere to the Order Complementary / Alternative. Order of Practitioners of Complementary Medicine / Alternative is organized and operates as a professional, non-governmental, apolitical, with the object of control and surveillance activities of the practitioner of complementary medicine / alternative.

Order of Practitioners of Complementary Medicine / Alternative is organized and operates at local and national level and the rules of organization and operation of the Order of Practitioners of Complementary Medicine / Alternative is approved by the minister of public health.

Free practice permit practitioners of complementary medicine / alternative is renewed every three years required by the Ministry of Public Health with the opinion of the National Center for Health Training in the Field.

The practice of acupuncture, the homeopathy, the apitherapy, the phytotherapy, the chiropracticii and osteopathy, a traditional Oriental medicine is allowed only doctors, dentists or, where appropriate, pharmacists and is regulated by the Ministry of Public Health, rules.

Practitioner of complementary medicine / alternative that has no degree of doctor, dentist or, if appropriate, pharmacist or has not obtained a license to practice in the area is free to carry out a short specific training recognized by the Ministry of Public Health, corresponding occupational standards approved by legal regulations. Practitioner of complementary medicine / alternative is not a doctor, dentist or, if appropriate, a pharmacist may not engage in certain activities and medical practices established by the Ministry of Public Health and College of Physicians in Romania and can not use the title of Doctor, doctor, dentist or where appropriate, a pharmacist.

Doctors, dentists and, where appropriate, pharmacists, medical practitioners of complementary / alternative free practice permit issued by the College of Physicians in Romania, Dental College College of Pharmacists in Romania or from Romania for a given area can treat certain conditions corresponding to the respective and may prescribe certain medicines / complementary treatments and / or alternative methodology set by the Ministry of Public Health, according to World Health Organization regulations.

Licensed practitioners in the field of complementary medicine / alternative, not doctors, dentists or, where appropriate, pharmacists can intervene, if necessary, supplement and / or continuation of medical therapies, according to precise rules of procedure, only with the written patient, on the written recommendation of a physician. Practitioner of complementary medicine / alternative has the right to use only the knowledge, means and methods which is authorized and certified as approved occupational  standard in the

field.

Techniques and practices of complementary medicine / alternative therapy clinics are conducted in complementary / alternative as companies organized under the laws or self-developed individuals, with the object of activity. Doctors, dentists and, where appropriate, pharmacists, medical practitioners of complementary / alternative medical practices can organize under the law. The term ‘health care center „can not be used unless there is at least one employee doctor or nurse.

The practice of complementary medicine / alternative is permitted in certain medical institutions with traditional medicine, allopathic, based on standards developed by the Ministry of Public Health and College of Physicians in Romania, Dental College and College of Pharmacists in Romania in Romania, and complementary medicine practitioner / alternative is required to keep records of patients treated, the methods and means of treatment used for each case.

Preparation, production and distribution of medicine remedies used complementary / alternative is strictly regulated by the Ministry of Public Health and the authorization for production and distribution of remedies is issued by the Ministry of Public Health. Sales of homeopathic products, medication complementary / alternative remedies and other pharmaceutical establishments is authorized by the Ministry of Public Health and stores duly authorized legal norms.

All people have access to medical treatments and practices complementary / alternative, regulated by law and when addressing a medical practitioner, complementary / alternative medical treatment have complementary / alternative expression only if in writing of the agreement will enjoy the privacy and health status. In this respect, it must receive written information accessible and understandable to know the benefits and risks they run.

Practices and procedures of receiving those treated by doctors, dentists or, where appropriate, pharmacists, medical practitioners of complementary / alternative or complementary medicine practitioners authorized / alternatives are established by the Ministry of Public Health and National Health Insurance House, are stipulated in the framework of the Fund and are reimbursed single national health insurance. In the Order of Practitioners of Complementary Medicine / Alternative specialist working committees for each area of practice of complementary medicine / alternative, which are required to regulate the professional activities of practitioners in each specific area.

Order of Practitioners of Complementary Medicine / Alternative is required to develop, with the support of specialist committees, professional ethics code should include the rights of practice, disciplinary sanctions for professional incompetence, the practical restrictions in case of incompatibility or damage to patient health. Evidence of complementary medicine practitioners / alternative take on the single register of practitioners of complementary medicine / alternative, which is kept at the headquarters of the Order of Practitioners of Complementary Medicine / Alternative necessarily communicate and the National Center for Health Training in the Field.

Ministry of Public Health, College of Physicians in Romania, Dental College and College of Pharmacists of Romania Romania shall, in consultation with the

Order of Practitioners of Complementary Medicine / Alternative, studies curriculum for institutions which train practitioners of complementary medicine / alternative to guarantee qualification . Ministry of Public Health established the National Center for Healthcare Improvement, Department of complementary medicine / alternative directs and controls activities in the field, including training of practitioners of complementary medicine / alternative providers and accredits training programs for practitioners complementary medicine / alternative. Violations of this law, including professional negligence, punishable asset, disciplinary, civil, administrative or criminal case.

The difference between them is that if the breach of ethical values is jeopardizing the right equipment, is regulated by legal rules. If it violates a legal norm, but not harm the patient’s physician disciplinary sanctions, and where the conduct resulting in the production of medical damage due to the patient, as occurs for malpractice tort. Malpractice is defined in Article 642 of Title XV of the Law 95/2006 as „professional error committed in the practice of medicine or medical-pharmaceutical, generating harm the patient, involving the civil liability of medical personnel and medical products and services provider, health and pharmaceuticals. ” Most acts of malpractice committed by negligence. Committee should be made between fault (recklessness, ignorance or clumsiness), fault omission (non-action required), fault „in eligendo” (wrong choice of medical procedures or delegate a person incompetent) and guilt „in vigiliando” (Failure, failure to aid). From the standpoint of the Law. 95/2006, the medical staff not only responsible for errors, negligence, recklessness, etc. insufficient medical knowledge. but also for damages arising from breach of legal regulations concerning confidentiality, informed consent and mandatory acordorii nurse. And when they go beyond the competence of medical staff is drawn to medical liability. There are several cases covered by paragraph 2 of Article 643 of Law 95/2006 which removes liability for malpractice.

The medical staff is relieved of any guilt if malpractice is due to working conditions, inadequate equipment fitting, nosocomial infections, adverse effects, complications generally accepted methods of investigation or hidden vices of sanitary materials. In the latter case, providers respond to health care, health care facilities. To avoid risk, approval must be obtained for the patient who was informed in advance about the risks that it involves a medical act. Chapter „informed patient’s consent” of art. 643 Law 95/2006 establishes the obligation to obtain patient’s written consent to be subjected to medical interventions potentially hazardous dopa has been informed of the diagnosis,      nature,      scope,      risks, consequences and available treatment alternatives. Also in this respect, malpractice insurance for professional liability cases for damages caused by the medical. The penalties for malpractice are different from case to case. It can only receive a reprimand or may withdraw the right of free practice. In severe cases, death when it comes to patient care staff can be charged with negligent homicide and is sentenced to imprisonment with or without suspension and to pay damages to relatives of the deceased.

BIBLIOGRAPHY

  1. http://orthodoxwiki.org/Canon_law
    1. http://wareseeker.com/free-management-concepts-theories/
    2. http://canonlawblog.blogspot.com/201 0/06/necessity-does-not-canonically-excuse.html

 

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