Medical law in Portugal / Paula Lobato de Faria ; general editor, Roger Blanpain ; associate general editor Michele Colucci ; volume editor: Herman Nys.
2010
KKQ3098 .F37 2010 (Map It)
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Details
Author
Title
Medical law in Portugal / Paula Lobato de Faria ; general editor, Roger Blanpain ; associate general editor Michele Colucci ; volume editor: Herman Nys.
Published
Alphen aan den Rijn, The Netherlands : Kluwer Law International, [2010]
Distributed
Frederick, MD : Sold and distributed in North, Central and South America by Aspen Publishers
Copyright
©2010
Call Number
KKQ3098 .F37 2010
Former Call Number
Por 270 F22 2010
ISBN
9789041133137 (pbk. : alk. paper)
9041133135 (pbk. : alk. paper)
9041133135 (pbk. : alk. paper)
Description
184 pages ; 24 cm
System Control No.
(OCoLC)648778178
Note
"This book was originally published as a monograph in the International encyclopaedia of Laws/Medical Law".
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
The Author
3
List of Abbreviations
11
General Introduction
13
[§] 1
General Information About Protugal
13
I.
Geography, Climate and Population Characteristics
13
II.
Historical Note
14
III.
Political and Judicial System
16
A.
The Political System
16
B.
The Judicial System
18
C.
The Referendum System
19
[§] 2
General Information About the Portuguese National Health Care System
20
I.
General Data
20
II.
The Portuguese Health Care Systems
22
III.
The National Health Plan
27
IV.
Main Administrative Structure of the Ministry of Health
27
A.
Organic Statute of the Ministry of Health
29
B.
The General-Directorate for Health
29
C.
Regional Health Departments (ARS, I.P.)
30
[§] 3
Medical Law
32
I.
Legal and Medical: Two Overlapping Fields
32
II.
Medical Law, Bioethics and Biolaw in Portugal
33
Selected Bibliography
35
pt. I
The Medical Profession
57
ch. 1
Access to the Medical Profession
57
[§] 1
Education and Internships
57
I.
Historical Note
57
II.
Undergraduate Medical Education
58
III.
Postgraduate Medical Education, Medical Internships and Titles
59
[§] 2
Licensing: Legal Conditions For the Practice of Medicine
62
I.
Legal Diploma and Inscription in the Òrder of the Physicians'
62
II.
Recognition of Professional Qualifications
63
[§] 3
Different Possibilities of Exercising the Profession
64
I.
National Health Service
64
A.
Medical Careers
64
B.
Private Law Single Contract
65
C.
Sports Medicine
66
II.
Private Medical Activity
66
III.
Legal Framework of the Private Health sector
67
ch. 2
The Practice of Medicine
70
[§] 1
The ̀Medical Act'
70
I.
A Lacuna in Portuguese Medical Law
71
II.
The ̀Medical Act' in the Penal Code
71
III.
Defibrillation Acts by Non-Physicians
72
[§] 2
Non-Conventional Therapeutics
73
I.
Definition and Requirements
73
II.
Relational Principles
74
[§] 3
The Illegal Practice of Medicine
75
I.
General and Historical Remarks
75
II.
Illegal Practice of Medicine as a Disciplinary Offence
76
III.
Illegal Practice of Medicine as a Criminal Offence
76
ch. 3
Control over the Practice of Medicine
78
[§] 1
The Order of the Physicians
78
I.
Origins
78
II.
Juridical Nature, Functions and Structure
78
A.
Juridical Nature and Main Functions
78
B.
Administrative Structure
79
III.
The Disciplinary Powers
80
A.
General Description
80
B.
The Code of Medical Deontology
80
C.
Other Professional Disciplinary Rules Sources
82
D.
Disciplinary Bodies, Sanctions and Procedure
83
1.
Disciplinary Bodies
83
2.
Disciplinary Sanctions
84
3.
Disciplinary Procedure
85
[§] 2
Public Control
86
I.
Control of Legality over the Order of the Physicians
86
II.
General-Inspectorate for Health Activities (IGAS)
86
III.
Exclusive Public Powers
87
IV.
Health Regulatory Authority
87
V.
Liability
88
A.
Civil Liability: Two Different Regimes
88
B.
Private Sector Rules: Contractual and Tort Liability
90
C.
Civil Liability Basic Elements
91
1.
Illicit
91
2.
Fault
91
3.
Damages
93
4.
Causality between the Illicit Fault and the Damages
93
5.
Public Sector Regime: A New Regime
94
VI.
Criminal Liability
95
A.
Introductory Considerations
95
B.
Crimes Especially Related to the Medical Profession
97
1.
Privileged Homicide
97
2.
Homicide at Request of the Victim
97
3.
Incitation or Assistance to Suicide
98
4.
Homicide by Negligence
98
5.
Abortion
98
6.
Offence to Physical Integrity by Negligence
98
7.
Privileged Offence to Physical Integrity
99
8.
Medical Leges Artis Violation
99
9.
Arbitrary Medical-Surgical Procedures
100
10.
Violation of Privacy and Violation of Professional Secret
100
11.
Omission of Help
101
12.
False Certificate
101
13.
Common Danger Crimes
101
[§] 3
Medical Ethics Committees
102
I.
National Council for Ethics in the Life Sciences
102
II.
Ethics Committees for Health
103
III.
Clinical Research Ethics Committee CEIC
104
pt. II
The Physician-Patient Relationship
107
ch. 1
General Considerations
107
[§] 1
Introductory Considerations
107
I.
Paternalism versus Autonomy: No Clear Choice
107
II.
The Importance of Medical Secrecy
109
[§] 2
The Juridical Nature of the Relationship
110
I.
In the Public Sector
110
II.
In the Private Sector
111
[§] 3
Duties of Physicians Toward Patients
112
I.
In Health Law
112
II.
In the code of Medical Deontology
113
[§] 4
The Rights of Patients
114
I.
The Rights of Patients in Portuguese Law
114
II.
The Constitution
114
III.
Health Bases Law
115
IV.
The Convention on Human Rights and Biomedicine
116
V.
The Law on the Access to Healthcare
117
VI.
Limits to Patients Rights
118
[§] 5
The Mentally Ill: A Specific Rights Framework
119
I.
Legal Framework
119
II.
Rights of Mental Health Care Services' Patients
120
III.
Rights of Patients in Involuntary Placement
121
IV.
The Rights of an Involuntary Placed Mental Patient
122
V.
The Patients' Duties
123
A.
The Inheritance of European Fundamental Duties Theory
123
B.
The Duties of Portuguese Patients
124
ch. 2
Physician-Patient Relationship: Biomedical Issues
126
[§] 1
Introductory Note On Biomedical Developments and the Law
126
[§] 2
Clinical Essays
128
I.
Law 46/2004 of 19 August
128
II.
Ethical Committees
129
III.
Other Norms
130
IV.
Medical Devices Clinical Research
130
[§] 3
Donation, Removal and Transplantation of Organs, Tissues and Cells of Human Origin
131
I.
Organ, Human Tissues and Cells' Transplantation Legal Framework
131
II.
Scope of the Organ, Human Tissues and Cells' Transplantation Law
132
III.
General Conditions and Priniciples
132
IV.
Removal From Living Donors
133
A.
Potential Donors
133
B.
Distinction between Regenerables and Non-regenerables Organs and Tissues, and Minor and Adult Donation
134
C.
Informed Consent
135
D.
Other Cases of Removal and Transplantation of Organs and Tissues
135
V.
Removal from Cadavers
135
A.
Implicit consent
135
B.
Objection to the Removal of Organs: National Register of Non-donors
136
C.
Certification of Death
136
[§] 4
Medically Assisted Procreation
137
I.
Legal Framework
137
[§] 5
Human Genetics
141
I.
General Legal Framework
141
II.
Genetic Testing and Insurances
142
III.
Biobanks
142
IV.
Database of DNA Profiles for Civil Identification and Criminal Investigation
144
[§] 6
End-of-Life Issues
144
I.
Rights of the Dying Patient
144
A.
̀Right to Die With Dignity'
144
B.
Palliative Care
146
II.
Euthanasia and End-of-Life Decisions
147
A.
Euthanasia
147
B.
̀Homicide at Request of the Victim'
149
C.
Instigation or Suicide Aid
149
III.
Code of Medical Deontology and End-of-Life Decisions
150
[§] 7
Termination of Pregnancy (Abortion)
151
I.
The Existing Legal Regime
151
II.
Termination of Pregnancy by a Physician
154
III.
Implementing the Law
154
IV.
The Order of the Physicians and the IVG
155
V.
Short Historical Review on the IVG Regime
156
VI.
The 2007 Referendum
156
[§] 8
Sterilization
158
I.
Surgical Contraception
158
pt. III
The Physician and the Health Care System
161
ch. 1
The Physician Role in the Health Care System
161
[§] 1
The Physician and Public Health
161
[§] 2
The Physician in the National Health System
163
I.
Collegial Relations between Physicians
163
II.
Competition between Professionals
165
III.
The Physician and Health Insurance Companies
166
IV.
The Physician and Medical Devices
166
V.
Legal Medicine
167
[§] 3
Relations with Other Health Care Providers
168
I.
Pharmacists
168
II.
Pratice of Dentistry
172
A.
Code of Deontology of the Order of the Dental Physicians
173
B.
Dental Health Clinics
174
C.
Professional Relations between Physicians and Dentists
174
III.
Nursing Professionals
174
A.
Nursing Act
174
B.
Professional Relations between Physicians and Nurses
175
IV.
Paramedics
175
V.
Physiotherapists
176
VI.
Midwives
177
[§] 4
Relations with Health Care Institutions
177
I.
Hospitals
177
II.
Centralized Procurement Schemes: Physician's Role
178
Index
181