The
(Norwegian) Patients' Rights Act
Act of 2. July 1999 no. 63
relating to Patients' Rights
CONTENTS
1 General
provisions
§ 1-1 Objective
The objective of this Act is to
contribute to ensuring the population equal
access to health care of good quality by granting
patients rights in their relations with the
health service.
The provisions of this Act shall
contribute to the promotion of a relationship
based on trust between the patient and the health
service while having respect for the individual
patient’s life, integrity and human worth.
§ 1-2 Scope
This Act shall apply to all
persons staying within the Realm. The King may in
regulations make an exemption for persons who are
not Norwegian citizens, or who are not staying
permanently within the Realm.
The King stipulates regulations
relating to the application of this act to
Svalbard and Jan Mayen and may lay down special
provisions out of regard for the local
conditions. To the extent determined by the King
in regulations, this Act shall apply to persons
onboard Norwegian ships engaged in foreign trade,
to Norwegian civil aircraft in international
traffic and to installations and vessels at work
on the Norwegian continental shelf.
§ 1-3 Definitions
For the purpose of this Act, the
following terms shall mean:
- patient: person who contacts the health
service, requesting health care, or whom
the health service provides or offers
health care in each individual case the
patient’s next of kin: the person
whom the patient’s names as his kin
or next of kin.
- b) If the patient is incapable to name
his next of kin, his next of kin shall be
the person who to the greatest possible
extent has had lasting and continuous
contact with the patient. As a rule
however, the following order should be
observed: spouse, registered gay partner,
a persons who lives with the patient and
whose relationship with the patient
resembles that of a marriage or a gay
partnership, children who are of age,
parents or others holding parental
responsibility, siblings who are of age,
grandparents, other family members who
are close to the patient, guardian or
supporting guardian
- health care: acts which have a
preventive, diagnostic, therapeutic and
health preserving effects carried out by
health personnel for the purposes of
rehabilitation care and nursing
- the health service: the primary health
service, the specialist health service
and the dental health service
- health personnel, persons mentioned in §
3 in the Act relating to health personnel
2 Right to
health care
§ 2-1 Right to required health
care
The patient is entitled to
emergency medical services. The patient is
entitled to receive required health care from the
municipal health service.
The patient is entitled to
receive required health care from the specialist
health service. The health service shall give
anyone who applies for or who needs health care
the medical and treatment-related information he
will need in order to safeguard his rights.
The right to health care only
applies if the patient can be expected to benefit
from the health care, and that the costs are
reasonable compared to the expected effect that
can be gained from the relevant medical measure.
The right to health care only
applies to the publicly funded specialist health
service within the Realm and other providers that
the county municipality has entered into an
agreement with relating to the provision of
services and within the limits that capacity
allows.
The King may lay down regulations
relating to what shall be deemed to be health
care which the patient may be entitled to, and
the time limit for the implementation of such
health care.
§ 2-2 Right to an evaluation
A patient who is referred to a
public hospital or a specialist outpatient clinic
is entitled to an evaluation of his medical
condition within 30 workdays upon receipt of the
referral. An evaluation of the need for health
care shall be given, as well as information as to
when the treatment is expected to be carried out.
The evaluation shall be based upon the referral.
If necessary, additional information may be
obtained, or the patient may be called in for an
examination.
Upon suspicion of a serious or
life-threatening condition, the patient is
entitled to a more rapid evaluation.
§ 2-3 Right to a re-evaluation
Upon referral from a general
practitioner the patient is entitled to a
re-evaluation of his medical condition carried by
the specialist health service. This right only
applies once for the same condition.
§ 2-4 Right to choose hospitals
The patient is entitled to choose
which hospital or district centre for psychiatry
shall be responsible for his treatment. This does
not apply to treatment within the field of child
and adolescent psychiatry.
The patient may not choose
treatment level
§ 2-5 Right to an individual
plan
A patient who has a need for
long-term, co-ordinated health services, is
entitled to have an individual plan set up in
accordance with the provisions of the Act
relating to the municipal health service, the Act
relating to the specialist health service and the
Act relating to the establishment and
implementation of mental health care.
Not in force. (See Decree of 1 Dec. 2000, No.
1198).
3 Right to
participation and information
§ 3-1 Patient’s right to
participation
The patient is entitled to
participate in the implementation of his medical
treatment. This includes the patient’s right
to choose between available and medically sound
methods of examination and treatment. The form of
participation shall be adjusted according to the
individual patient’s ability to give and
receive information.
If the patient is not capable of
giving an informed consent, the patient’s
next of kin is entitled to participate together
with the patient.
If the patient wants other
persons to be present while health care is given,
his wishes shall in as far as possible, be
granted.
§ 3-2 Patient’s right to
be informed
The patient shall have the
information that is required in order for him to
gain insight into his medical condition and the
contents of the medical treatment given to him.
The patient shall also be informed of possible
risks and side effects involved.
Information shall not be given
against the expressed will of the patient, unless
it is necessary in order to prevent harmful
affects due to the health care given, or it is
determined in or pursuant to law.
Information may be omitted if it
is absolutely necessary to prevent endangering
the patient’s life, or to prevent serious
damage to the patient’s health. Information
may also be omitted if, due to persons who are
close to the patient, it would be clearly
inadvisable, to disclose such information.
If injury or serious
complications are inflicted upon the patient, the
patient shall be informed thereof. The patient
shall at the same time be made aware of his right
to apply for compensation through The Norwegian
System of Compensation for Injuries to Patients.
If, after the treatment has been
completed, it is discovered that the patient may
have suffered considerable injury as a result of
the health care rendered, the patient shall, if
possible be informed thereof.
§ 3-3 Information to the
patient’s next of kin
If the patient gives his consent
thereto, or circumstances justifies it, the
patient’s next of kin shall receive
information relating to the patient’s
medical condition and the treatment that is being
provided.
If the patient is above 16 years
of age and clearly incapable of managing his own
affairs for reasons of physical or mental
deficiencies or for reasons of mental
retardation, both the patient and his next of kin
are entitled to receive information pursuant to
the provisions of § 3-2.
§ 3-4 Information when the
patient is a minor
If the patient is below 16 years
of age, both patient and the parents or others
holding the parental responsibility shall be
informed.
If the patient is between 12 and
16 years of age, information shall not be given
to the parents or others holding parental
responsibility, when the patient for reasons that
must be respected, clearly does not want this.
Information, that is necessary in
order in order to fulfil the parental
responsibility, shall however be given to the
parents or others holding the parental
responsibility if the patient is below 18 years
of age.
If the children’s welfare
service has taken over custody for a child below
the age of 16 in accordance with § 4-12 of the
Children’s Welfare Act, the first, second
and third item shall apply correspondingly to the
children’s welfare service.
§ 3-5 Formal requirements
relating to information
The information shall be adjusted
according to the individual capabilities of the
recipient such as age, maturity and experience as
well as well as cultural and lingual background.
The information shall be given in a kind, caring
manner.
Health personnel shall as far as
possible ensure that the patent has understood
the contents and meaning of the information that
has been passed on to him.
An entrance relating to the
information that has been given shall be made in
the patient’s medical records.
§ 3-6 Right to protection
against the spreading of information
Medical and health-related
information as well as other types of personal
information shall be treated in accordance with
the current provisions relating to
confidentiality. The relevant information shall
be treated with caution and respect for the
integrity of the person whom the information
concerns.
The principle of confidentiality
will cease to apply to the extent to which the
person who is entitled to such confidentiality
gives his consent thereto.
If health personnel disclose
information subject to statutory duty of
disclosure, the person that the information
relates to, shall, in as far as circumstances
dictate be informed thereof, and of then nature
of the information disclosed.
4 Consent to
health care
§ 4-1 General rule relating to
consent
Health care may only be given
with the patient’s consent unless legal
authority or other legal grounds exist which
permit for health care to be rendered without
consent. In order for the consent to be valid,
the patient must have received the necessary
information about his medical condition and the
contents of the health care.
The patient may withdraw his
consent. If the patient withdraws his consent,
the health care provider shall give the necessary
information as to the consequences if the health
care is not given.
§ 4-2 Formal requirements
relating to consent
Consent may be granted expressly
or implicitly. Implied consent is considered to
be present if, based on the patient’s
actions or circumstances in general; it can be
assumed that he accepts the health care.
The Ministry may lay down
regulations stipulating that consent shall be
given in the written form, or lay down other form
requirements in relation to certain types of
health care
§4-3 Who has the he right to
consent to health care
The following are entitled to
grant consent to health care:
- a) persons who are of age unless special
provisions dictate otherwise
- b) minors over 16 years of age unless
special provisions or the nature of the
measure dictate otherwise
The ability to grant co
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