PATIENT RIGHTS
The patient rights regulation entered into force by being published in the Official Gazette dated 01.08.1998, numbered 23420 and is as follows.
FIRST PART
Purpose, Scope, Basis, Definitions and Principles
Goal
Article 1- This Regulation; basis, a reflection on the human health care rights field, and especially in Turkey Constitution, other legislation and accepted in international legal texts "patient rights concretely demonstrate and health services are provided in all institutions and organizations and health institutions and organizations outside where the health services, human in order to regulate the procedures and principles for everyone to benefit from the rights of the patient, to be protected from rights violations and to use legal protection when necessary.
Scope
Article 2- This Regulation; This includes all public and private institutions and organizations that provide health services, all those involved in or outside of these institutions and organizations, and all persons involved in the service and all persons entitled to benefit from the service.
Legal Basis
Article 3- This Regulation; Prepared on the basis of Article 9 (c) of Health Services Basic Law no. 3359 and Article 43 of Decree Law No. 181 on Organization and Duties of Ministry of Health.
Definitions
Article 4- For the purposes of this Regulation;
a) Ministry: Ministry of Health,
b) Patient: Any person in need of health services,
c) Personnel: All members of the health professions participating in the provision of health care, regardless of whether the service is provided freely in public or private health institutions and organizations, and those who are responsible for the provision of health care, even if they are not members of the health professions,
d) Health institutions and organizations: All official or private institutions and organizations providing health services, except those belonging to the Ministry of National Defense, and all places where medical services are performed,
d) Patients' rights: Persons in need of benefiting from health services are not only the persons they possess because of being human and T.C. It shall mean the rights guaranteed by the Constitution, international treaties, laws and other legislation.
Principles
Article 5- The following principles shall be complied with in the provision of health services:
a) It is always taken into consideration that the right to live in a state of full good in terms of body, spirit and social is the most basic human right at every stage of the service.
b) The person shall be treated humanely, knowing that everyone has the right to life, the right to protect and develop his or her physical and moral existence and that no authority or person has the authority to abolish this right. c) In the provision of health care services, race, language, religion and sect, gender, political thought, philosophical belief, economic and social status and other differences cannot be taken into consideration. Health services are planned and organized in a way that is easily accessible to everyone.
d) Body integrity and other personal rights of the person shall not be invoked without his / her consent, except in the case of medical necessities and written laws.
e) The person shall not be subjected to medical research without his consent and permission of the Ministry.
f) The privacy of the patient's private and family life cannot be touched except in cases permitted by law and medical obligations.
SECOND PART
Right to Health Services
Utilization in accordance with justice and equity
Article 6- The patient has the right to benefit from health services in accordance with their needs, including activities aimed at promoting healthy living and preventive health services within the framework of justice and equity principles. This right includes the obligation to provide services in accordance with the principles of fairness and fairness of all institutions and organizations providing health care services and health care personnel.
Request Information
Article 7- The patient may request information about how he / she can benefit from health services. This right, which health institution can be benefited according to what conditions, all kinds of services and facilities provided by health institutions and organizations, and
It also covers the right to learn from the health services provided.
All health institutions and organizations shall establish a unit with sufficient technical equipment to inform the patient in accordance with the first paragraph; in this unit, they have to take measures such as having informative signs, brochures and signs in appropriate places of the organization in order to permanently employ the personnel who have the qualifications and qualifications to provide the patient with definite and sufficient information and to ensure that the patient can easily reach the units in need.
Choosing and Changing a Health Facility
Article 8- The patient; has the right to choose the health institution and institution and to benefit from the health service provided in the health institution of his / her choice provided that the procedures and conditions stipulated in the legislation to which it is subject are complied with.
However, it is essential that the physician be enlightened by the physician about whether the change of the institution may lead to life-threatening and that the disease will be aggravated or not, and that the medical institution should not be seen to have a medical risk.
Apart from emergency cases, those who are affiliated to any social security institution and do not comply with the referral chain stipulated by the legislation shall cover the difference between themselves.
In cases where there is no medical benefit for the stay of the patient in the health institution or it is necessary to be transferred to another health institution, the situation is explained to the patient or the persons mentioned in the second paragraph of Article 15. Prior to the transfer, the necessary information is given to the health institution requested by the transfer or medically approved by the referring organization or the authorities determined by the legislation. In both cases, it is essential to provide service without interruption and without interruption.
Recognizing, Selecting and Changing Staff
Article 9- If requested, the patient shall be informed about the identities, duties and titles of the physicians and other personnel who will provide or provide health services to him.
Selecting the personnel who will provide health care services to the patient freely, provided that the procedures determined by the legislation are followed
the physician has the right to change and request consultation of other physicians.
When the rights to select personnel, change the physician and request consultation are used, the difference in wages determined by the legislation, the patient using these rights
is covered by.
Requesting Priority Setting
Article 10- In cases where the health service demand cannot be met on time due to insufficient or limited facilities, the patient has the right to request that the priority right be determined based on medical criteria and objectively.
Provisions of the relevant legislation shall be applied in determining the priority order for emergency and judicial cases and for the elderly and disabled people.
Diagnosis, Treatment and Care for Medical Needs
Article 11- The patient has the right to demand diagnosis, treatment and care in accordance with the requirements of modern medical information and technology. Diagnosis and treatment cannot be performed in contradiction or deceptive nature of the principles of medicine and the provisions of the legislation on medicine.
Prohibition of Intervention Other than Medical Requirements
Article 12- Without the purpose of diagnosis, treatment or protection, nothing can be done or demanded that may cause death or life-threatening or violate body integrity or reduce mental or physical strength. Prohibition of Euthanasia
Article 13- Euthanasia is prohibited. The right to life cannot be dispensed with, regardless of medical requirements. No one's life can be put to an end, including at the request of one or another.
Medical Care
Article 14- Personnel shall show the medical care required by the patient's condition. Even if it is not possible to save the patient's life or protect his or her health, it is imperative to try to reduce or ease the suffering.
THIRD PART
Right to Obtain Information on Health Status
General Information Request
Article 15- The patient; health status, medical procedures to be applied to them, their benefits and possible drawbacks, alternative medical intervention procedures, possible consequences that may arise if the treatment is not accepted, and the course and the results of the disease has the right to request oral or written information.
The parent or guardian may ask for the necessary information about his or her health status if the patient or the patient is small, lacking the power of appeal or is limited. The patient may also authorize another person to obtain information about his or her health status. Where necessary, certification of the authorization may be requested. The patient's health status from another physician other than the physician
information.
Review Records
Article 16- The patient may examine and obtain a copy of the dossier and records containing information related to his or her health status directly or through his / her representative or legal representative. These records can only be seen by those directly involved in the patient's treatment.
Request Correction of Records
Article 17- The patient; may require the completion, disclosure, correction, and correction of the missing, indefinite and inaccurate medical and personal information in the records of the health institutions and organizations.
This right includes the right to object to the reports of the patient's health status and to request the issuance of a new report on the health status of the same or other institutions and organizations.
Method of Giving Information
Article 18- Information shall be provided by using an interpreter, if necessary, in a manner that the patient can understand, without using medical terms as much as possible, without hesitation and doubt, and with a kind and appropriate expression to the mental state of the patient.
Informing and Informing
Article 19- It is permissible to keep the diagnosis in cases where the disease is likely to increase by making a bad impression on the spiritual structure of the patient and if the course and outcome of the disease is deemed grave.
It is at the discretion of the physician to determine whether or not the patient or his / her relatives are informed about the health status of the patient in accordance with the conditions set out in the above paragraph.
A diagnosis without treatment can only be felt or reported to the patient by a physician and in full prudence. If the patient does not have a claim to the contrary or the person to whom it will be explained is not determined in advance, such a diagnosis is notified to the family.
Prohibition of Information
Article 20- Except as required by the measures to be taken by the competent authorities according to the provisions of the relevant legislation and the nature of the disease; the patient may request that he or his family or relatives are not informed about his or her health status.
SECTION FOUR
Protection of Patient Rights
Respect for Privacy
Article 21- It is essential that the privacy of the patient is respected. The patient may also explicitly demand protection of privacy. Any medical intervention is performed with respect to the privacy of the patient.
The right to respect for privacy and to demand it;
a) Conducting medical evaluations regarding the health status of the patient in confidentiality,
b) that the examination, diagnosis, treatment and other procedures requiring direct contact with the patient are carried out in a reasonable confidentiality environment,
c) Permission to have a relative with him in cases where there is no medical problem,
d) The persons who are not directly related to their treatment are not present during the medical intervention,
e) Not intervening in the personal and family life of the patient unless the nature of the disease requires,
f) Keeping the source of health expenditures confidential.
Death doesn't give right to privacy
In health institutions and organizations where education is provided, those who are not directly involved in the treatment of the patient should be present during the medical intervention; the patient's consent is obtained in advance or during treatment.
Non-consent without medical procedure
Article 22- Except for the exceptions shown in the law, no one shall be subjected to medical treatment without his consent and in a manner that is not in accordance with his consent.
In cases where the person who is suspected of committing or participating in a crime is considered to be in the body of the victim or himself, the possible evidence of the crime committed; it is up to the judge to decide whether the defendant or the victim has been subjected to medical treatment to reveal such evidence. In cases where a delay may be inconvenient, this procedure may be carried out at the request of the public prosecutor.
Confidentiality of Information
Article 23- Information obtained from the provision of health care, except as permitted by law, can not be disclosed in any way.
Even if it is based on the consent of the person, the complete abandonment of personal rights, the transfer of these rights to others or as a result of excessive restriction
disclosure of information in cases where it gives birth, does not remove the legal responsibility of those who explain them.
Disclosure of information that is likely to cause harm to the patient without a legitimate and justifiable reason, as well as the civil and criminal liability of staff and others.
It requires. In the activities carried out for research and education purposes, the identity of the patient cannot be disclosed without his consent.
CHAPTER FIVE
Patient Consent in Medical Intervention
Patient Consent and Permission
Article 24- The patient's consent is required for medical interventions. If the patient is small or incapacitated, permission is obtained from the guardian or guardian. This condition is not required in cases where the patient, guardian or guardian does not have or is not present or the patient does not have the power to express.
In cases where consent is not given by the legal representative, medical intervention can be given to the patient under custody and guardianship if medically necessary; It is subject to the court decision pursuant to Articles 272 and 431 of the Turkish Civil Code.
Permission from the legal representative or the court will take time and if the patient is not immediately intervened, his or her life or vital organs will be threatened. Consent may be withdrawn at any time, except in the case of an emergency, as referred to in paragraph 3, which threatens life or one of the vital organs.
Withdrawal of consent means that the patient refuses treatment. The consent must be withdrawn after the start of the intervention, but only on the condition that there is no medical harm.
Refuse and Stop Treatment
Article 25- Except as required by law and with the responsibility of the negative consequences that may arise; the patient has the right to refuse the treatment planned to be administered to him or to request that it be stopped. In this case, the consequences of not applying the treatment should be explained to the patient or their legal representatives or their relatives and a written document showing this should be obtained. Exercise of this right cannot be used against the patient in re-application to the health institution.
Participation of minor or deported to medical intervention
Article 26- Even if the consent of the legal representative is required and sufficient, participation in medical intervention shall be ensured by listening to the small or embarrassed patient to the extent possible.
Application of Unconventional Treatment Procedures
Article 27- In the case of conventional treatment methods known as a result of clinical or laboratory examinations, it is fixed that the benefits will not be beneficial to the patient, and in order to understand the beneficial effects of the experimental animals and to obtain the consent of the patient, another treatment method can be applied instead of the conventional treatment methods. . Furthermore, in order to apply a method other than the known conventional treatment method, it would be beneficial to the patient and that this treatment would not yield more unfavorable results than the known conventional treatment methods.
also possible. A medical treatment and intervention procedure that has not been experienced before, but it is absolutely foreseeable that it will not harm and save the patient
can be made.
The provisions of Section Six are reserved.
Form and Validity of Consent
Article 28- Consent is not subject to any form except with the exceptions provided for by the legislation.
Consent received in violation of law and morality is void and cannot be intervened on the basis of such consent.
Consent in Organ and Tissue Removal
Article 29- Organ and tissue cannot be taken from those who are under the age of 18 and who are not believable. For the purposes of diagnosis, treatment and scientific purposes, the organs or tissues taken from those who have completed these requirements, the Law No. 2238 on the Collection, Storage and Transplantation of Organ and Tissue no. Article is subject to the condition of written form. The provisions of Article 14 of the Law no. 2238 on the condition of the removal of organs and tissues from the dead and the preservation of bodies for scientific research are reserved.
Family Planning Services and Termination of Pregnancy
Article 30- With the consent of the person concerned or not, medicines and vehicles other than those determined by the Ministry may not be used in family planning services.
Termination of pregnancy is subject to the conditions stipulated in the Law No. 2827 on Population Planning. In case of sterilization and termination of pregnancy, the consent of the spouse is required if the patient is married with his consent.
Scope of Consent
Article 31- It is essential that the patient or his / her legal representative is informed and informed about the subject and results of the medical intervention while obtaining consent. The patient's consent for the medical intervention to be applied includes other medical procedures required by this intervention. However, in order to prevent violations of the rights set forth in this Regulation and other legislation in the application of medical procedures,
maximum care is shown.
SECTION SIX
Medical Research
Consent in Medical Research
Article 32- No one; No medical intervention may be carried out for the purpose of experience, research or training without the permission and consent of the Ministry. The medical benefit and community benefit expected from medical research cannot be superior to the life of the volunteer who consents to the research and the protection of body integrity.
Medical investigations shall be carried out only by authorized and competent personnel who are not involved in the research in accordance with the legislation and in places designated by the legislation. The consent of the volunteer to the medical research does not relieve the responsibility of the personnel involved in this research.
Volunteer Protection and Informing
Article 33- All necessary measures shall be taken in order not to harm the health of the volunteer and other personal rights. If the probable damages to the volunteer of the research cannot be determined in advance; Even if the volunteer has consent, the subject of the research cannot be made. Volunteer; the purpose of the trial, its procedure, its possible benefits and damages, and that it may discontinue its participation in the trial and that it may withdraw its consent at each stage of the trial.
Procedure and Method of Consent
Article 34- The utmost care shall be taken to obtain the consent of the volunteer who has been sufficiently informed about the medical research without any material or moral pressure, on the basis of his or her free will.
Consent in medical research is subject to written form requirement.
The Situation of Minors and Non-Humans
Article 35- Minors and non-believers, without the benefit of themselves, purely for the purpose of medical research medical interventions can not be applied in any way. Medical research on minors and non-believers is subject to the consent of their parents or guardians, provided that they have benefits. In cases where consent is not given by the legal representative, the provision of the second paragraph of Article 24 shall apply.
Use of Drugs and Compounds for Research
Article 36- No medicine or composition may be used without the consent of the Ministry and the consent of the Ministry on the patient for the purpose of medical research even if permission or license has been obtained in accordance with the special legislation. The use of drugs and preparations in medical research is subject to the provisions of the Regulation on Drug Research published in the Official Gazette dated 29/11/1993 and numbered 21480.
CHAPTER SEVEN
Other Rights
Ensuring Security
Article 37- Everyone has the right to expect and wish to be safe in the health institutions and organizations. All health institutions and organizations must take the necessary measures to protect and ensure the safety of life and property of patients and their relatives such as visitors and companions. The provisions of special legislation regarding the preservation of detainees and provisions in health institutions and organizations are reserved. Fulfilling Religious Positions and Utilizing Religious Services
Article 38- The necessary measures are taken in order to enable the religious institutions to fulfill their religious obligations freely within the scope of the facilities of health institutions and organizations. Religious officials who are in line with their religious beliefs shall be invited upon their request to make religious suggestions to the patients and to support them morally, provided that they do not cause any disruptions in the services of the institution, do not disturb others and interfere in any way with medical treatment organized by the personnel. For this purpose, appropriate time and place are determined in health institutions and organizations. For patients with agony who are not able to testify and whose religious belief is known and without orphans, a religious official who is suitable for their religious beliefs is called without the condition of demand. How and when these rights will be exercised and the measures to be taken in this regard shall be regulated separately in the legislation showing the working procedures and principles of the health institution.
Respect for Human Values and Visit
Article 39- The patient has the right to benefit from health services in accordance with personality values and environment. All personnel involved in health services; patients, relatives and visitors should be friendly, polite, compassionate and should treat the health services in accordance with the provisions of this regulation. In every stage of health services, patients are given adequate and sufficient information about the reasons and how they are to be held, if and when they are to be held, taking into consideration their physical and mental status.
Patient Rights
