A medical worker

1. A medical worker - is a specialist, who has proper professional education, training and qualification and whose task is to carry out medical activity.

2. Medical activity article. 74 Fundamentals of the legislation A person, who has appropriate special education and meets single qualifying requirements, has the right to practice medicine and pharmacy. As an exception, a person with special permission by the Ministry of Health of Ukraine or by authorized organs of the Health protection, without special education, has the right to practice folk and alternative medicine. Who is responsible for usage of biologically active adjuncts and intervention of specialists from alternative medicine? Whether are there evidences of their activity?

3. Medical activity article. 35 Fundamentals of the legislation • Treatment-and- preventive care. • First – medical consultation, basic diagnostics and treatment of the most common diseases, injuries and poisoning, preventing measures, directing the patient for specialized and highly-qualified care. Where, under what conditions, what salary, what working time?… • Specialized (secondary) treatment-and-preventive care is provided by physicians, who have proper specialization and can provide with more qualified consultation, diagnostics, preventive measures and treatment than general practitioners. What is a difference in the salary of specialists, where is the fee per his knowledge? Where is the boundary of the standard? Where is the intellectual price?

4. Medical activity • Highly specialized (tertiary) treatment-and-preventive care is provided by physicians or a group of physicians, who have special training in the field of serious diseases that are difficult to diagnose and treat; in case of treatment of the disease, which requires special methods of diagnosing and treatment; and also to diagnose and treat uncommon illness. Where is the intellectual price? Every customer wishes to have the cheap service but the quality and the final result must be maximum.

5. Medical workers:typical representatives • A physician, who graduated the higher medical institution and got a state diploma with the appropriate specialty • Student of the higher or secondary medical institution, in special cases set by the legislation • A person, who has not completed higher medical education • Paramedical personnel – people, who completed medical specialized school and got the diploma of a medical assistant or a nurse • A person, who had medical training abroad and permission to practice in Ukraine according to the Ukrainian legislation • A person, who has a permission to practice as a healer according to the Ukrainian legislation

6. In relations with employer In relations with patients and their relatives, legal representatives Rights of the human Rights of the individual Legal status and forced obligations of medical workers in Ukraine Kyiv, 2008

7. Rights of a medical worker article. 77 Fundamentals of the legislation Medical and pharmaceutical workers have the right to: а) hold medical and pharmaceutical activity in accordance with their specialty and qualification; Nearly single profession that requires everyday improvement!!! b) necessary requirements for professional activity; without necessary conditions for rest at night, lunch time and necessarymeasuring devices of vital activity indexes (thermometer, tonometer etc.) c) improvement of qualification, retraining not rarer than once in five years in the proper establishments; the more physician knows the more he must prove his qualification (therapy, cardiology, gastroenterology etc.) d) free choice of certified forms, methods and ways of the activity, application of up-to-date achievements of medical and pharmaceutical science and practice in accordance with established procedure; What about standards, bought norms of the pharmaceutical right?

8. Rights of a medical worker e) free usage of social, ecological and special medical information required for realization of medical duties; Books, Internet, participation in exhibitions and conferences – everything requires payment, new technologies – pay per license for the right of the intellectual property. f) obligatory insurance at the expense of the owner of the health institution in case of injury to health and life as a result of realization of the professional duties according to the Ukrainian legislation; The Government declares, but the owner pays per medical examination, insurance, purchase of special cloths etc. Where should he find money? g) social aid from the Government in the case of illness, injury or in other cases of loss of workability during performance of professional duties; it is difficult to prove. The law protects a patient contrary to the generalepidsurroundings.

9. Rights of a medical worker h) fix average wages and official salary in establishments of health protection not less than average wage of an industrial worker; Constant responsibility and high risk of the profession and low salaries. i) half day and additional holidays with pay according to the Ukrainian legislation; Lack of the paramedical personnel in Kyiv is nearly 15 thousands. Who makes the job according to the staff list? What about norms of the employment law? j) concessionary terms of the pension supply; most medical workers must work because their pension can’t feed them. k) privileged accommodation and telephone; Declarations!!!!!!!

10. Rights of a medical worker l) free use of apartment with light and heating for those who live and work in villages, and also for pensioners, who used to be as medical and pharmaceutical workers and live in these villages, land-tax exemption, crediting, acquiring farming and auto-moto-transport; Declarative norm! m) primary receiving of the treatment-and-protective care and providing medical and orthopedic means; depends only on politeness of the medical personnel n) creation of scientific medical societies, professional unions and other public organizations; low activity of medical societies o) legal defense of the professional honor and dignity; who really can protect a doctor? On practice – a chief doctor discharges “problem” medical worker for protection of his honor

11. Rights of a medical worker article. 34 Fundamentals of the legislation A doctor has the right to refuse from the furtherconducting a patient, if he doesn’t follow the doctor’s prescription or rules of the internal routine of the health protection institution, on condition that it is not dangerous for health and life of the patient and other people. Any illness is a disbalance in the organism. Today living system of the human organism is so disbalanced that there is a constant threat of the sudden worsening of a patient’s health in a subway, at home, in hospital etc. Is the prophylactic medical examination in the past?...

12. article. 78 Fundamentals of the legislation Medical and pharmaceutical workers is obliged to: а) assist protection and strengthening the human health, prevent and treat illnesses, give timely and qualified medical care; Round-the-clock he must be ready to give medical care b) provide free first medical aid for people in accidents and in other extreme situations; State service of the emergency and first aid. How can anyone provide the first aid with anything available? Criminal responsibility for not providing the first aid. c) propagate scientific and medical knowledge among people, in particular by the own example, healthy way of life; Without health culture in the country. forced obligations?

13. article 78 fundamentals of the legislation d) keep requirements of the professional ethics and deontology, the medical secrecy; Ethics is an internal culture e) every time he has to improve his professional knowledge and skills; The Hippocratic oath says that a doctor must be well-provided with material compensation from the minimal means for life in order he could self-develop. f) give a consultative assistance to his colleagues and other medical workers. Internal individual culture and lack of the corporate ethics among colleagues. forced obligations?

14. article 34 fundamentals of the legislation Due and qualified examination and treatment of a patient; without precisely organized system of the medical aid article 37 fundamentals of the legislation Medical workers are obliged to provide first aid in case of accidents and acute diseases article 52 fundamentals of the legislation Medical workers are obliged to provide medical aid for a patient entirely, who is in the critical state, but how? forced obligations?

15. article39 fundamentals of the legislation A doctor is obliged to comprehensibly explain to a patient his condition, purpose of the proposed examination and treatment, prognosis of the disease development, including the risk for life and health. How may it look like in critical states? article 40 fundamentals of the legislation Medical workers and other individuals, who due to their professional activity are familiar with the disease, medical examination and the results, private and family life of the person, don’t have the right to make known this information except for the legal cases. Bitter truth or white lie? forced obligations?

16. Today the medical law system is urgent for regulation legal relations between a patient and a medical worker. But one-sided interpretation of all norms against the medical profession causes mass resignation of medical workers from the domestic medicine. For successful development of the medical law it is necessary to regulate rights and duties both of a patient-customer and a medical worker- executor combining patient’s responsibility for his organism, which was put into force-majeure conditions Results – today it is difficult to find a skilled and responsible physician! Who will treat us tomorrow? Today's reality

17. To legalize responsibility of a person for conditions of his health as non-material assets. To educate medical specialists thoroughly. Criteria of qualitative medical care may be in the basis of application of the medical law, but not a claim in order to receive material benefits. Today agitation of a legally non-determined term as “medical error” must be changed into professionalism and open professional criticism among medical workers. Vision of Ukrainian medical law:

18. To make a medical worker legally responsible for non-qualitative and non-professional medical care To assist the government to differentiate social and medical problems of our society. A medical worker couldn’t be any change in the helpless state management. Not to forget about the golden rule of mechanics – if you win in something, you lose in another thing. Everything must be balanced!!! Vision of Ukrainian medical law:

19. Everything must be balanced: rights of a patient and rights of a medical worker, obligations of a patient and obligations of a doctor, executive (but not declarative) and penal function of the state, ethics of an individual and honest jurisprudence, partner mutual respect and confidence. A medical worker also is a human with his rights! Vision of Ukrainian medical law: