The physicians disciplinary research procedure in Romania

AuthorAndra Nicoleta Puran
PositionLaw and Administrative Sciences Faculty, Law and Administrative Sciences Department, University of Pitesti, Pitesti, Romania
Pages56-63
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2014), pp. 56-65
56
THE PHYSICIANS DISCIPLINARY RESEARCH PROCEDURE IN ROMANIA
A. N. Puran
Andra Nicoleta Puran
Law and Administrative Sciences Faculty, Law and Administrative Sciences Department
University of Piteti, Piteti, Romania
Corespondence: Andra Nicoleta Puran, University of Piteti, Târgul din Vale St., no. 1,
Piteti, Romania
E-mail: andradascalu@yahoo.com
Abstract
Like other professions in Romania the medical profession it is also regulated by
special laws: Law no. 95/2006 on medical reform, the Code of Medical Ethics and The
Romanian College of Physicians Status. The competent authorities to carry out to carry out
disciplinary research of the facts that constitute misconduct and specific procedural rules will
be briefly analyzed in this paper.
Key-words: physician, disciplinary responsability, procedure, misconduct
Introduction
The sanitary system has suffered a series of modifications and experiments, by the
adoption of multiple normative acts amended for several times within the past 10 years, until
the adoption of the Law No 95/2006
1
on healthcare reform. Neither this law escaped the
successive modifications of the provisions covered by it
2
.
Title XII of the Law No 95/2006 on healthcare reform, titled “Practicing medicine.
Organization and function of the Romanian College of Physicians” states provisions
regarding the disciplinary liability for physicians
3
, as form of the judicial liability
4
of interest
for this paper.
General considerations on the disciplinary liability of physicians
It was stated that ”the disciplinary liability is the most common form of judicial
liability of the physician, because it organically derives from the rules of professional
conduct, from how each healthcare professional performs his duties. The situations which can
involve medical liability are multiple, as well as the medical specialties and means in which
the physician can and must offer his services to those in need”.
5
1
Published in the Official Gazette No 372 of 28 April 2006
2
From the entrance into force until its analysis in this pape r, the Law No 95/2006 has suffered 58
modifications, 4 only in 2013.
3
Section 6, Art 442-451
4
E. Ciongaru, Teoria generala a dreptului, Scrisul Romanesc Publishing House, Craiova,
2011, p.150
5
Doina Popescu, Sntatea public- Serviciul public de interes naional în dreptul românesc i
comparat, University of Bucharest, Law Faculty, Bucharest, 2005, PhD thesis, unpublished, p.185

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