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Legal Document
Title: Law on Health Care (Amended) No. 58/NA, dated 24 December 2014
Type: Law
Responsible Agency: Ministry of Health
Issuing Date: 2014-12-24
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Contents

 

Chapter 1:General Provisions

Article 1 (Amended) Objective

Article 2 (Amended) Health Care

Article 3 (Amended) Interpretation of Terms

Article 4 (Amended) State Policy on Health Care

Article 5 (Amended) Principles of Health Care

Article 6 (Amended) Right and Obligations of Citizens in Respect of Health Care

Article 7 (new) Scope of Legal Application

Article 8 (Amended) International Cooperation

Chapter 2:The Operation of Healthcare Profession and Healthcare Service System

Article 9 (amended) Requirements of Healthcare Professionals

Article 10 (Amended) Responsibilities of Healthcare Professionals

Article 11 (Amended) Relations between Healthcare Professionals and Healthcare Establishment

Article 12 (Amended) Healthcare Establishments

Article 13 (Amended) Healthcare System

Article 14 (Amended) The Public Healthcare System

Article 15 (Amended) Primary Health Care Services

Article 16 (Amended) Intermediate Healthcare Services

Article 17 (Amended) Highlevel Healthcare Services

Article 18 (Amended) Advance Healthcare Services

Article 19 (Amended) The Public Healthcare Referral System

Article 20 (Amended) The Private Healthcare System

Article 21 (Amended) Medical Clinics

Article 22 (New) PublicPrivate Joint Healthcare System

Article 23 Medical Materials and Equipment

Chapter 3:Rights, Duties and Ethics of Healthcare Professionals

Article 24 (Amended) Rights and Duties of Healthcare Professionals

Article 25 (Amended) Consultation

Article 26 Diagnosis

Article 27 Prescription of Treatment

Article 28 (Amended) Prescription of Drugs

Article 29 Issuance of Drugs

Article 30 (Amended) Medical Advice

Article 32 (Amended) Working on Duty

Article 33 (Amended) Information for Patients

Article 34 Maintaining the Confidentiality of Patients

Article 35 Issuance of Medical Certificates

Article 36 (Amended) Training and Evaluation

Article 37 (Amended) Ethics of Healthcare Professionals

Chapter 4:Healthcare Financing

Article 38 (Amended) Healthcare Financing

Article 39 (Amended) Sources of Healthcare Financing

Article 40 (Amended) Personal Payment of Healthcare Expenses

Article 41 (Amended) Fees, Service Charges and Treatment Charges

Article 42 (Amended) Administration and Use of Fees, Service Charges and Treatment Charges

Chapter 5:Prohibitions

Article 43 (Amended) Prohibitions for Healthcare Professionals

Article 44 (New) Prohibition against Discrimination, Negligence and Abandonment of Treatment Responsibility to Patients

Article 45 (Amended) Prohibition against Providing Health Care for Primarily Commercial Objectives

Article 46 (Amended) Prohibition against the Issuance of Medical Certificates as an Accomplice

Article 47 (Amended) Prohibition against Trafficking in any Product or Organ from any Party of the Human Body

Article 48 (Amended) Prohibition against Providing Healthcare Service in Prohibited Healthcare Establishments

Article 49 (Amended) Prohibition against the Provision of Unauthorized Care

Article 50 Prohibition Against Provision of Healthcare that is not in Conformity with Medical  Profession Rule

Article 51 (New) Prohibition for Patients

Chapter 6:Conflict Resolution

Article 52 (New) Form of Conflict Resolution

Article 53 (New) Compromise or Mediation

Article 54 (New) Resolution through Administrative Channel

Article 55 (New) Resolution done by the Economic Conflict Resolution Authority

Article 56 (New) Decision of the People ' s Court

Article 57 (New) Resolution of Conflict with International Character

Chapter 7:Administration of Healthcare Services

Article 58 (Amended) Administrative Agencies

Article 59 (Amended) Rights and Duties of the Ministry of Health

Article 60 (Amended) Rights and Duties of Provincial, City Health Divisions

Article 61 (Amended) Rights and Duties of District/Municipal Health Offices

Article 62 (New) Rights and Duties of Health Protection Committee at Village Level

Article 63 (Amended) Medical Profession Council

Article 64 (New) Rights and Duties of Other Sectors and Local Administrative Authority

Chapter 8:Inspection of Healthcare Services

Article 65. Inspection Agencies

Article 66 (Amended) Content of Inspection

Article 67 (New) Form of Inspection

Article 68 Test Using Medical Science

Article 69 Policies Toward Persons who Have Performed Well

Article 70 Measures Against Violators

Chapter 9:Final Provisions

Article 71 (New) Reeducated Measures

Article 72 (New) Disciplinary Measures

Article 73 (New) New Measures

Article 74 (New) Civil Measures

Article 75 (New) Criminal Measures

Chapter 10:Final Provision

Article 76 (New) Lao Physician Day

Article 77 Implementation

Article 78 Effectiveness


Lao People ' s Democratic Republic

Peace Independence Democracy Unity Prosperity

~~~~~~~~

National Assembly No. 58/NA

Vientiane Capital, Date 24 Dec 2014

Law

on Health Care (Amended)

Chapter 1

General Provisions

Article 1 (Amended) Objective

This Law determines the principles, regulations and different measures relating to the organization, activities, management and control of health care activities, in order to ensure that all citizens, societies and communities have access to equal, full, equitable and quality health care services, [and] to protect the rights and interests of health care professional with the aim of implementing of the Public Sector Health Care Strategy and increasingly developing modern health care services to enable all citizens to have good health and to be able to effectively contribute to the protection and development of the nation.

Article 2 (Amended) Health Care

Health care is the service made available to patients by the consciousness and responsibility of healthcare professionals through examination, screening, diagnosis, prescription of drugs, application of medical procedures, convalescence and rehabilitation so as to cure patients and ensure that they enjoy a satisfactory state of health, including health promotion and preventative measures of the population.

Article 3 (Amended) Interpretation of Terms

The terms used in this law shall have the following meanings:

1. Good health means a state of complete physical, mental, intellectual and social wellbeing but not merely the absence of disease or disability;

2. Healthcare Professionals are practitioners who provide modern medical treatment;

3. Healthcare professionals practicing modern medical treatment are medical specialists, physicians, assistant physicians, dentists, assistant dentists, nurses, midwives, physiotherapists, laboratory and xray technicians, optometrists, speech therapists, psychologists and dieticians;

4. Healthcare professionals practicing traditional medicine are traditional physicians, traditional masseurs and acupuncturists;

5. Hospital means a public of private healthcare establishment which is authorized by the Ministry of Health, which is equipped with basic medical equipment, beds, and healthcare professionals in accordance with the healthcare regulations;

6. Community hospital means intermediate public healthcare establishment which provide general healthcare service and undertake the transfer of patient from small hospital, in which building premise, medical tools and equipment, beds, healthcare professionals and medical staff are available, in accordance with the standard of the Ministry of Health;

7. Small hospital means primary public healthcare establishment with the availability of building premise, medical tools and equipment, beds, healthcare professionals and medical staff in accordance with the standard of the Ministry of Health;

8. Medical clinic means a public or private healthcare establishment, which is authorized by the Ministry of Health, in which basic medical equipment and healthcare professionals are available, but which is not able to admit patients;

9. Health promotion means the process of increasing the citizen ' s knowledge, skills and awareness in the control, care and development of their health and [the health of] families, community and society by changing their habits, creating favorable conditions for implementing measures in order to improve lifestyles by using health education as the core;

10. Paid health care is medical treatment provided for patients, who shall bear the cost of health care by themselves or by the fund in which they are members;

11.Free health care is medical treatment provided for low income patients or poor patients, who are not able to pay for their health care by themselves, and who have been certified in accordance with the regulations of the relevant organization;

12. Internal Medicine for Adult refers to sciences regarding diagnosis, treatment, disease prevention and adult health rehabilitation;

13. Surgicalogy refers to the science related to diagnosis and treatment through surgery;

14. Obstretic and Gynaecology refers to the science related to diagnosis, treatment, disease prevention, delivery support and rehabilitation for women;

15. Paediatric refers to the science related to diagnosis, treatment, disease prevention and rehabilitation for children;

16. Medical Ethics refers to the standard of controlling behavior of Health Care Professionals to ensure the quality and effectiveness of the treatment;

17. Medical Morality refers to the act of paying respects to and performing medical ethics of Health Care Professionals;

18. Specific Care Centre and Specialist Hospital refers to the place for any specific healthcare establishment, such as eyes, skin, teeth, hearth, blood tube, surgery and beauty care.

Article 4 (Amended) State Policy on Health Care

The state pays attention to improve the quality of health care and to provide public health service entirely based on the public health reform plan and strategic plan on health care in each period, promotes health care services in collaboration between modern and traditional medicine to ensure the whole population, in particularly women and children, poor citizens and those who live in remote or isolated areas, disabled people and elder, have a good state of health.

The state promotes healthcare services through the provision of budget, vehicle, equipment, appropriate recruitment of staff in healthcare activities and to implement charge or noncharge health care policy in accordance with the regulations.

The state encourages and promotes individuals, legal entities, social organizations, all economic sectors both within the country and in abroad to contribute in supplying modern medical equipment and tools to the state hospital in a focusing approach and to invest in the high or highest level of healthcare services.

Article 5 (Amended) Principles of Health Care

Health care shall be conducted in accordance with the following principles:

1. Respect for the right to life of humans;

2. Provision of equal, equitable, quality care that are properly in accordance with the medical sciences rule, such as cleanliness and safety;

3. Shall be humanitarian, in particular [health care] shall respect medical ethics, medical morality, consciousness and pay responsibility to one ' s own profession;

4. Shall have evidence of consent from the patients or their relatives, in case of necessity.

Article 6 (Amended) Right and Obligations of Citizens in Respect of Health Care

All citizens, regardless of gender, age, ethnic origin, race, socioeconomic status, level of education, and belief shall be equally entitled to health care when they are ill and are equally entitled to criticize or bring a complaint if they find that the health care provided is not in conformity with professional rules or is not equitable; and shall have other rights in health care as specified in the laws and regulations.

All citizens have obligations to observe the internal regulations of healthcare establishments, strictly comply with the advice of healthcare professionals and perform other obligations in respect of health care as specified in the laws and regulations.

Article 7 (new) Scope of Legal Application

This Law is applied to individuals, legal entities and both local and foreign organizations that operate, provide and receive healthcare service by using modern and traditional medical across the country.

Article 8 (Amended) International Cooperation

The state promotes the relations, cooperation with foreign countries, with regional and international levels with regards to healthcare by conducting research, exchange of information, knowledge, advances in medical sciences, medical technology, training of staff, attracting assistance, implement international convention and treaty in which Lao PDR become a signatory.

 

Chapter 2

The Operation of Healthcare Profession and Healthcare Service System

Article 9 (amended) Requirements of Healthcare Professionals

Healthcare professionals shall fully meet the following requirements:

1. Complete medical professional education, possess a medical diploma for certain branch in the Lao PDR or in a foreign country recognized by the Ministry of Health and Ministry of Education and Sport;

2. Possess medical etiquette, medical morality, good attitude, have at least three years '  healthcare professional experience and lessons in public or private hospital;

3. Be in good health and possess a medical certificate;

4. Have never been disciplined in the field of healthcare profession or criminally punished due to wilful offence with a certification from relevant sectors;

5. Being Lao citizen, except for cases approved by the Ministry of Health for foreigner.

6. Pass examination, obtain consideration and proposal from the Healthcare Profession Council through proper confirmation.

Article 10 (Amended) Responsibilities of Healthcare Professionals

Healthcare professionals shall have the following responsibilities:

1. To prescribe and recommend healthcare protocols and to conduct necessary healthcare procedures ensuring high quality and safety under the medical sciences principle;

2. To take into account the results, disadvantages, and consequences of examinations and any possible treatments, if healthcare professionals ascertain that the patient ' s condition does not correspond to their special field or skill, they shall immediately refer the patient or his relatives to another healthcare establishment that can offer more suitable treatment;

3. To take other responsibilities as prescribed in the laws and regulations.

All treatment procedures, such as surgery, puncture, curettage or abrasion entailing wounds shall be based on precise medical grounds and the patient or his relatives shall be informed and his prior consent shall be obtained, except in the case of an emergency or if the patient is unconscious and has no close relatives.

Article 11 (Amended) Relations between Healthcare Professionals and Healthcare Establishment

All healthcare professionals as well as healthcare establishment of various sectors under the management of the health sector and other relevant sectors shall communicate, cooperate, help each other in order to upgrade knowledge, skills and technical experiences, quality of healthcare service, foster and encourage the lawful practice of healthcare services.

Article 12 (Amended) Healthcare Establishments

Healthcare establishments consist of:

1. Public healthcare establishments, including central hospitals, specialist care centres, regional hospitals, provincial hospitals, city hospitals, community hospitals, small hospitals, village drug kits, hospitals practicing traditional medicine. The standards of regional hospitals are prescribed in a separate regulation;

2. Private healthcare establishments, including general hospital, specialist hospital, hospitals practicing traditional medicine, medical clinics;

3. Public and private joint healthcare establishments that are provided in a separate regulation.

Article 13 (Amended) Healthcare System

The healthcare system in the Lao PDR consists of:

1. The public healthcare system;

2. The private healthcare system;

3. The publicprivate joint health care system.

Article 14 (Amended) The Public Healthcare System

There are four levels of public healthcare system:

1. Primary healthcare services;

2. Intermediate healthcare services;

3. Highlevel healthcare services;

4. Advance healthcare services.

Article 15 (Amended) Primary Health Care Services

Primary healthcare services are the medical treatment provided by the small hospital. In case that small hospital is not existed, the health service shall form village health kits.

The village health kits consist of village physicians or village publichealth volunteers, herb doctor and have basic medical instruments. Person in charge of village health kits offers consultation and treatment for benign seasonal illnesses, in particular diarrhea, malaria, flu and minor wounds and others.

In necessary case, the village health kits can assist in home births as well as distribute medicine and collect health information of the people in the village then report through vertical line.

Article 16 (Amended) Intermediate Healthcare Services

Intermediate healthcare services are the medical treatments provided by the community hospitals.

Community hospitals are staffed by physicians, assistant physicians, dentists, assistant dentists, nurses, midwives and medical technicians, have medical materials and equipment and apply the necessary techniques and technologies. They are responsible for providing consultations and treatments in the four basic disciplines such as internal medicine for adult, surgical, obstetrics and gynaecology, and paediatrics.

Article 17 (Amended) Highlevel Healthcare Services

Highlevel healthcare services are the medical treatments provided by the provincial and regional hospitals which are staffed by specialists, physicians, dentists, nurses, midwives and different medical technicians, have widerange of medical materials, apply modern procedures and technologies, and are able to provide consultations and higher level of treatments than those provided by the community hospitals.

Article 18 (Amended) Advance Healthcare Services

Advanced healthcare services are the medical treatment provided by the central hospitals and specialist health care centres.

The central hospitals and specialist health care centres are staffed by specialists, physicians, dentists, nurses, midwives and different medical technicians, have fullrange of medical materials, apply modern procedures and technologies, and able to provide consultations and higherlevel treatments than those provided by the provincial and regional hospitals.

Article 19 (Amended) The Public Healthcare Referral System

Patients who use public healthcare services are entitled to receive primarylevel healthcare and to be transferred to the intermediate, high and advanced level of treatments depending on the gravity of the disease in compliance with the referral system and principles. In case of an emergency or serious illness, the patient may directly receive intermediate, high or advanced level treatments.

With regard to public healthcare services, lowerlevel hospitals may refer to higherlevel hospitals for assessment of the situation, advice and assistance.

Article 20 (Amended) The Private Healthcare System

The private healthcare system consists of private healthcare establishments obtaining authorization from the public health sector.

Private healthcare establishments consists of location, staff, materials, equipment, and employ modern procedures and technologies in accordance with the regulations of the Ministry of Health.

Healthcare service charges at the private healthcare establishments must comply with the provided regulations.

Article 21 (Amended) Medical Clinics

A healthcare professional may have only one medical clinic in accordance with the regulations and the authorization of the Ministry of Health.

In case that the authorized healthcare professional of the medical clinic dies or is unable to practice, no other person shall use or practice in such medical clinic without prior authorization from the Ministry of Health.

Article 22 (New) PublicPrivate Joint Healthcare System

The publicprivate joint healthcare system is the cooperation between the state and private to develop the services within the public healthcare establishment through various forms, such as the improvement of health care establishment, provision of modern medical equipment, good and quick services, high level professional service including the cooperation among health care professionals working at public and private health care establishment for providing healthcare services such as private medical clinics in a public hospital.

Article 23 Medical Materials and Equipment

Installation of medical materials and equipment in public and private healthcare establishments at different levels shall comply with the standards of the Ministry of Health.

Damaged materials or equipment, which cannot be repaired or whose period of use has expired, shall be removed in accordance with the regulations of the Ministry of Health.

 

Chapter 3

Rights, Duties and Ethics of Healthcare Professionals

Article 24 (Amended) Rights and Duties of Healthcare Professionals

Healthcare professionals shall have the following rights and duties:

1. To provide consultations;

2. To provide diagnosis;

3. To prescribe treatment;

4. To prescribe drugs;

5. To issue drugs;

6. To give medical advice;

7. To provide nursing care;

8. To be on duty;

9. To provide information to patients;

10. To maintain the confidentiality of patients;

11. To issue medical certificates;

12. To take part in training and evaluation;

13. To exercise all other rights and perform all other duties in accordance with the laws and regulations.

Article 25 (Amended) Consultation

Healthcare professionals shall provide consultation to patients with high consciousness and responsibility, quickness and timeliness and shall record the patient ' s information by using knowledge, experience, intelligence, and by employing appropriate medical materials and equipment, scientific techniques and technology to assist with the diagnosis.

Article 26 Diagnosis

Healthcare professionals shall provide correct and precise diagnosis with high level of responsibility by availing themselves of the data, the evidence of results of examinations, different types of analysis, in order to determine the appropriate treatment method and restore the patient ' s health.

Article 27 Prescription of Treatment

Healthcare professionals shall prescribe treatment to provide proper care, ensuring quality and safety.

Article 28 (Amended) Prescription of Drugs

Prescription of drugs shall be done by drug prescription as details below:

1. Patient ' s name and last name, age, address;

2. Name of diseases;

3. Name of drugs, their dose, number and method of use;

4. Date, month, year of preparing drug prescription;

5. Name and last name, including signature of the physician or dentist.

The drug prescription shall be written in a clear, distinct and legible manner.

Article 29 Issuance of Drugs

Drugs shall be issued by pharmacists, nurses or midwives, who shall strictly comply with prescriptions made by the physician or dentist and shall provide the patients with a detailed explanation of their use.

Article 30 (Amended) Medical Advice

After consultation and diagnosis, healthcare professionals shall provide patients with advice to enable them to understand their condition, and to recommend the method of treatment to patients so that they strictly and properly undertake treatment.

Article 32 (Amended) Working on Duty

The working on duty is a duty roaster in healthcare establishments, and health care and treatment services can be provided throughout 24 hours by all healthcare professionals in accordance with the working on duty regime determined by the public health sector in each period.

Article 33 (Amended) Information for Patients

Healthcare professionals shall provide patients, their families or community with the following information:

1. Nonconfidential medical information to satisfy their curiousness, interest and to give a boost;

2. Explanations concerning medical care such as consultations, diagnosis, curative care, looking after, nutrition, rehabilitation, preventive measures, risks, dangers, degree of severity, difficulties, possibility, and other inevitable techniques or outcomes of care.

In case of any changes in health care establishment, healthcare professionals shall inform about the risk of such illness condition as to send the treatment record to the new healthcare establishment.

Article 34 Maintaining the Confidentiality of Patients

All healthcare professionals shall strictly maintain confidentiality in respect of illnesses or details of living or deceased patients, for the patient ' s benefit, except for those cases provided by the laws and regulations.

Article 35 Issuance of Medical Certificates

Medical certificates include health certificates, birth certificate, death certificates, certificate of disability and any other certificates issued by healthcare professionals as legal evidence.

Medical certificates shall be properly issued in conformity with the medical scientific principles.

The standard form of the medical certificates are specified in a separate regulation.

Article 36 (Amended) Training and Evaluation

All healthcare professionals are required to continuously improve their knowledge and skills, [and] to take part in training activities and evaluation of their professional practices, in order to improve the quality of their consultations, diagnosis and care, [and] to keep abreast of the latest scientific progress, for the interest and safety of patients.

Article 37 (Amended) Ethics of Healthcare Professionals

The ethics of healthcare professionals shall have the following contents:

1. Respect for human life and the dignity of patients or their relatives without discrimination, including not libeling corpse of deceased person;

2. Observance of nationally and internationally recognized technical standards of care in order to help patients recover their health;

3. Fees for health care services shall be collected in accordance with the laws and regulations and no additional charges shall be requested;

4. Listening to the opinion, purposes and decisions of patients on the basis of the laws and regulations and the rules of the medical profession;

5. Providing primary assistance to patients in danger by performing first aid in good faith and when they are in the position to do so, without refusing or escaping from that situation;

6. Persuade patients to cooperate in the treatment, [and] to encourage them for their own interests but not for the interests of the healthcare professionals;

7. Being patient, humane, courteous, impartial and noreactive towards patients and their relatives regardless of their words and behavior;

8. Respect and regard friends from the same profession;

9. Perform duties with fairness, consciousness and high responsibility.

 

Chapter 4

Healthcare Financing

Article 38 (Amended) Healthcare Financing

Health carefinancing is the finance related to income and expenditure in the treatment service and the systematic administration as provided for by the laws and regulations, in order to ensure that all citizens are in the position to have fair and equitable access to health care and to have better state of health.

Article 39 (Amended) Sources of Healthcare Financing

Healthcare financing shall be derived from:

1. The State budget;

2. Health insurance Fund;

3. Contributions from individuals, legal entities and organizations (both local and international);

4. Social contributions from any activities;

5. Direct payments by patients.

Health insurance is provided in a separate regulation.

Article 40 (Amended) Personal Payment of Healthcare Expenses

Any person who is not a member of Health Insurance Fund shall bear his own cost of treatment when he consults and receives treatment in different healthcare establishment.

Article 41 (Amended) Fees, Service Charges and Treatment Charges

Fees are charged for different medical documents such as medical certificates, health certificates.

Service charges are collected for different services such as accommodation, ambulance transport.

Treatment coast are charges collected from different medical procedures such as consultations, analyses, xray examination, surgery, drugs, medical devices or other techniques.

Collection of fees, service charges and treatment cost are provided in a separate regulation.

Article 42 (Amended) Administration and Use of Fees, Service Charges and Treatment Charges

Administration of fees, service charges and treatment charges shall comply with the laws and regulations relating to the State budget in a transparent and verifiable manner.

 

Chapter 5

Prohibitions

Article 43 (Amended) Prohibitions for Healthcare Professionals

No healthcare professional shall:

1. Discriminate, neglect and abandon treatment responsibility to patients;

2. Provide health care with a primarily commercial objective;

3. Issue a medical certificate as an accomplice;

4. Engage in trafficking in any product or organ from any part of the human body;

5. Provide health care service in prohibited establishments;

6. Provide health care service without authorization;

7. Provide health care service not in conformity with the medical professional rule.

Article 44 (New) Prohibition against Discrimination, Negligence and Abandonment of Treatment Responsibility to Patients

Healthcare professional shall be prohibited against discrimination, negligence and abandonment of treatment responsibility to patients as follows:

1. Lack of readiness for performing duties;

2. Fail to welcome patients or their relatives in accordance with ethics;

3. Fail to give convenience in each stage of treatment service;

4. Fail to be present on duty in accordance with working on duty regime;

5. Stop the treatment as proposed by patients and their relatives.

Article 45 (Amended) Prohibition against Providing Health Care for Primarily Commercial Objectives

No healthcare professionals shall provide health care for primarily commercial objectives with the following behavior:

1. Taking profit as the primary commercial objectives;

2. Holding patients for long period unnecessarily;

3. Doing various forms of excessive advertisement to attract patients;

4. Making layout of any advertisement displayed in their healthcare establishment with commercial character;

5. Snatch patients under the control of others for treatment, criticize or blame the treatment of others.

Article 46 (Amended) Prohibition against the Issuance of Medical Certificates as an Accomplice

No healthcare professional shall prepare misleading reports or issue medical certificates that are untrue and infringe the laws and regulations, in complicity with a patient or any other person.

Article 47 (Amended) Prohibition against Trafficking in any Product or Organ from any Party of the Human Body

No healthcare professional shall encourage or engage in the trade of any product or organs from the human body, patients such as: blood, organs, tissue, cells or other human bodily products, whether from a living or deceased patient, except as otherwise provided by the laws.

Article 48 (Amended) Prohibition against Providing Healthcare Service in Prohibited Healthcare Establishments

Prohibited premises where healthcare professional cannot provide healthcare service are as follows:

1. Commercial premises such as shopping centers or markets;

2. Drug stores [and] stores selling medical products, instruments and apparatus;

3. Any other prohibited premises specified by the laws and regulations.

Article 49 (Amended) Prohibition against the Provision of Unauthorized Care

It shall be prohibited for healthcare professional to provide any treatment service that has not been authorized, or to use any treatment method that has not been authorized [or] cannot be inspected by the Ministry of Health.

Article 50 Prohibition Against Provision of Healthcare that is not in Conformity with Medical Profession Rule

It shall be prohibited for healthcare professional to proceed, encourage, promote any healthcare that are not in conformity with the medical profession rule, such as unauthorized abortions, carrying out healthcare procedures that are dangerous to the human health.

Article 51 (New) Prohibition for Patients

Patients shall be prohibited from the following behavior:

1. Leave the hospital without authorization;

2. Behave inappropriately to healthcare professional;

3. Cut the line, infringe instruction [or] advice of healthcare professional;

4. Issue improper medical certificate in complicity with healthcare professional;

5. Having any other behavior that infringe the laws and regulations.

 

Chapter 6

Conflict Resolution

Article 52 (New) Form of Conflict Resolution

Conflicts related to healthcare tasks can be solved through any of the following forms:

1. Compromise or mediation;

2. Resolution done through administrative channel;

3. Resolution done by the Economic Conflict Resolution Authority;

4. Decision of the People ' s Court;

5. Conflict resolution with international character.

Article 53 (New) Compromise or Mediation

In case of any conflicts related to healthcare services, the conflicting parties can discuss, negotiate, compromise or mediate.

Article 54 (New) Resolution through Administrative Channel

In case of any conflicts related to healthcare services, the conflicting parties shall have the rights to propose to relevant organization where they are assigned to consider finding the resolution in accordance with the laws and regulations.

Article 55 (New) Resolution done by the Economic Conflict Resolution Authority

In case of any conflicts related to healthcare services, a conflicting party facing the loss shall have the right to request the Economic Conflict Resolution Authority to consider finding the resolution in accordance with the laws and regulations.

Article 56 (New) Decision of the People ' s Court

In case of any conflict arising during the treatment process, either conflicting party can lodge a complaint to the People ' s Court to consider making a decision in accordance with the laws and regulations.

Article 57 (New) Resolution of Conflict with International Character

In case of any conflict related to healthcare services with international character, the conflicting parties can propose to the conflict resolution authority at domestic, foreign or international level as being agreed or to comply with the international contract and treaty which Lao PDR is a partner country.

 

Chapter 7

Administration of Healthcare Services

Article 58 (Amended) Administrative Agencies

The Government is in charge of administrating healthcare services in centralized and uniformed manner throughout the country by assigning direct responsibility to the Ministry of Health and to be proactive in coordinating with ministries, other sectors and relevant local administrative authorities.

Healthcare Administrative Agencies consist of:

1. Ministry of Health;

2. Health divisions at provincial, city level;

3. Health offices at district, municipal level;

4. Health protection committee at village level.

In addition to such agencies, the medical profession council is also a healthcare administrative agency.

Article 59 (Amended) Rights and Duties of the Ministry of Health

In the administration of healthcare activities, the Ministry of Health shall have the following rights and duties:

1. To conduct research on the policy, strategic plan, law related the management of healthcare services for submission to the Government for consideration;

2. To turn the policy, strategic plan, resolution related to healthcare activities adopted by the Government into its own plan, program and detailed projects, for active implementation;

3. To draw up and improve regulations and standards applicable to healthcare services;

4. To undertake research, disseminate the laws and regulations related to healthcare services, and medical sciences across the country;

5. To supervise the professional organizations and monitor the implementation of laws and regulations related to healthcare service in collaboration with relevant sectors;

6. To suspend or cancel any decisions, orders, instructions of lowerlevel healthcare administrative agencies that are contrary to the laws and regulations;

7. To consider and deal with the proposals of citizens or organizations relating to the quality and standard of treatment and the administration of healthcare activities;

8. To build and train staff by providing them with knowledge, skills and behavior that conforms to medical ethics and morals;

9. To issue healthcare professionals with authorizations to practice;

10. To contact and coordinate with other sectors that have healthcare establishment, including technical tasks;

11. To cooperate with foreign countries, regional and international levels about healthcare activities;

12. To summarize, evaluate and report its activities to the Government on a regular basis;

13. To exercise other rights and perform other duties prescribed by the laws and regulations.

Article 60 (Amended) Rights and Duties of Provincial, City Health Divisions

In the administration of healthcare activities each provincial, city health division shall have the rights and duties based on their scope of responsibilities as follows:

1. To draw up its own plan, program and detailed projects for the administration of healthcare services, on the basis of the policies, plans, decisions, orders and instructions issued by the Ministry of Health, and for implementation;

2. To publicize, disseminate and implement the laws and regulations relating to healthcare and medical sciences;

3. To supervise district, municipal health office in collecting and maintaining the information relating to healthcare services;

4. To give advice, disseminate the information and to encourage society to implement quality and safe healthcare activities;

5. To consider the applications of individuals intending to practice as healthcare professionals and submit them to the Ministry of Health for consideration;

6. To consider and dealt with the proposals of citizens or organizations relating to quality and standard of healthcare activities;

7. To coordinate with relevant sectors to ensure that healthcare activities are effectively implemented;

8. To contact and cooperate on the healthcare services with foreign countries, regional and international levels, as being assigned;

9. To summarize, evaluate and report its activities to the Ministry of Health and provincial/city administrative authority on a regular basis;

10. To exercise other rights and perform other duties prescribed by the laws and regulations.

Article 61 (Amended) Rights and Duties of District/Municipal Health Offices

In the administration of healthcare activities, each district/municipal health office shall have rights and duties based on its scope of responsibilities as follows:

1. To implement the policies, strategic plans and laws relating healthcare activities;

2. To disseminate, implement the laws and regulations relating to healthcare activities, and medical sciences;

3. To supervise small hospitals and health protection committee at village level in collecting and maintaining the information relating to healthcare activities;

4. To collect, maintain information relating to healthcare activities;

5. To collect, consider the applications of individuals intending to practice as healthcare professionals and submit them to provincial, city health divisions for consideration;

6. To consider and dealt with the proposals of citizens or organizations relating to quality and standard of healthcare activities;

7. To coordinate with relevant sectors to ensure that healthcare activities are effectively implemented;

8. To summarize, evaluate and report its activities to provincial/city health division and district, municipal administrative authority on a regular basis;

9. To exercise other rights and perform other duties prescribed by the laws and regulations.

Article 62 (New) Rights and Duties of Health Protection Committee at Village Level

In the administration of healthcare activities health protection committee at village level shall have the rights and duties based on its scope of responsibilities as follows:

1. To manage and advise the people regarding healthcare services aiming to ensure their awareness in health care, treatment and disease prevention;

2. To monitor the activities of various types of health service providers;

3. To provide information, implement disease prevention and promote the people ' s health;

4. To collect information relating to health at village level, outbreak of diseases;

5. To encourage the people to obtain healthcare service at healthcare establishment, in particularly vaccination for mother and child, and safe delivery;

6. To review and report its activities to district/municipal health offices, and village administrative authority on a regular basis;

7. To exercise other rights and perform other duties prescribed in the laws and regulations.

Article 63 (Amended) Medical Profession Council

The Medical Profession Council shall act as an organization representing healthcare professionals with the role in administration and inspection of healthcare professional activities through the Ministry of Health as a Founder.

The Medical Profession Council shall have the rights and duties as follows:

1. To consider policies, issue regulations for healthcare professionals;

2. To consider the approval and issuance of a healthcare professional certificate through an examination or research of the team of medical specialist;

3. To encourage, follow up, inspect, evaluate and estimate activities of healthcare professionals, including policy implementation and the use of measures against healthcare professionals;

4. To exercise such other rights and to perform such other duties in accordance with the laws and regulations;

The organization and personnel chart of the Medical Profession Council is specified in separate regulations.

Article 64 (New) Rights and Duties of Other Sectors and Local Administrative Authority

In the administration of healthcare activities, other sectors such as the national defencesecurity, agriculture and forestry, labour and social welfare, education and sport and local administrative authority concerned shall have the rights and duties to coordinate with public health sector based on their roles.

 

Chapter 8

Inspection of Healthcare Services

Article 65. Inspection Agencies

The healthcare inspection agencies shall comprise of:

1. Internal inspection agency which shall be the same agencies as the healthcare administration agencies provided in Article 58 of this Law.

2. External inspection agency which shall be the National Assembly, State Inspection Authority, Government Inspection and Anticorrpution Authority, Lao Front for National Construction, mass organization, social organization, mass media and the people.

Article 66 (Amended) Content of Inspection

The inspection of healthcare services shall have the main content as follows:

1. To inspect the implementation of policy, strategic plan, laws and regulations relating to healthcare;

2. To inspect the standards on recruitment of staff, medical materials and equipment, the implementation of administrative and professional rules, and the performance and practices of healthcare professionals in the healthcare establishment;

3. To inspect the administration and use of health insurance funds;

4. To inspect medical ethics, medical morality of healthcare professionals, the resolution of proposals of citizens and organizations relating to health care

Article 67 (New) Form of Inspection

The inspection shall be conducted through the following forms:

1. Regular inspection;

2. Inspection through advance notice;

3. Sudden inspection.

Regular inspection is the inspection done in accordance with the plan on a regular basis and with precise time frame.

Inspection through advance notice is the inspection done out of plan by notifying inspected person in advance.

Sudden inspection is an inspection done urgently without notifying a target inspected person in advance.

In the inspection of healthcare activities, it is advisable to comply with the laws and regulations and shall be strictly based on the risk of healthcare treatment activities.

Article 68 Test Using Medical Science

Test using medical science refers to scientific analysis and searching in order to certify facts or incorrect treatment at the request of individuals or institutions, in particular by the public prosecutor or the people ' s court.

In order to proceed with the test using medical science the Minister of Health shall designed a highlyexperienced professional in the field of health care or forensic medicine to conduct tests.

No healthcare professional who has provided treatment to those patients shall be designated to carry out tests using medical science. In the event that such healthcare professional is a family member, relative or close friend of the patient or is a member of any group of persons who have joint interests, he shall be also be prohibited from conducting test using medical science.Article 9 Policies Toward Persons Who Have Outstanding Performance and Measures Against Violators

Article 69 Policies Toward Persons who Have Performed Well

Individuals, legal entities or organizations which have outstanding performance in the implementation of this Law on Health Care will receive awards or other appropriate policies following the regulations.

Article 70 Measures Against Violators

Individuals, legal entities or organizations which violate this law shall be reeducated, warned, disciplined, fined or subject to civil liability or criminal punishment, as determined on a casebycase basis.

 

Chapter 9

Final Provisions

Article 71 (New) Reeducated Measures

Individuals, legal entities or organizations which violate this law in minor and is the first infringement shall be reeducated or be warned.

Article 72 (New) Disciplinary Measures

Staff and official who violate this law which is criminal offence and cause damages to healthcare activities but are sincere to report, no willing to escape their own wrong doing shall be disciplined on a casebycase basis as follows:

1. To be blame, warned of offence by recording in the biography of such person;

2. To be suspend the promotion, salary raising and commendation;

3. To be discharged from post or be removed to other functions with lower position;

4. To be dismissed from civil servant without any policies.

Person who is subject to disciplinary sanction shall return all the assets improperly acquired to the relevant organizations in full.

Article 73 (New) New Measures

Individuals, legal entities or organizations who violate this law for the second time but which is not criminal offenses and which minor damages to healthcare activities shall be fined in accordance with the regulation.

Article 74 (New) Civil Measures

Individuals, legal entities or organizations who cause damages to other persons due to the mistake in their healthcare shall compensate for the loss caused.

Article 75 (New) Criminal Measures

Individuals who violate this law which is the criminal offense shall be subject to disciplinary sanction in accordance with the Law on Criminal Procedure and other Laws that determine the criminal sanction on a casebycase basis.

 

Chapter 10

Final Provision

Article 76 (New) Lao Physician Day

The Government of the Lao PDR determines 18 June as the Physician Day.]

The Physician Day is the day to build various processes, activities in order to recall working performance and to praise the merit of Lao physicians during the national revolutionary era, and the period of national protection and development, in order to encourage the public to perceive the importance, to understand and to be proactive in the promotion and maintenance of their own health, as well as the health of the community and society.

Article 77 Implementation

The Government of the Lao People ' s Democratic Republic is entrusted to implement this law.

Article 78 Effectiveness

This law shall enter into force from the date of the promulgating decree issued by the President of the Lao People ' s Democratic Republic and after fifteen days of being published in the national gazette.

This Law shall replace the Law on Health Care No. 09/NA, dated 09 November 2005.

All regulations and provisions that contravene this law are null and void.

 

National Assembly President

[Signature and seal]

Pany Yathortou



Download English:Law on Health Care (Amended) No. 58/NA, dated 24 December 2014

Download Lao:Law on Health Care (Amended) No. 58/NA, dated 24 December 2014