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Administrative Liability for Healthcare Violations

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 05.06.2024

Administrative Liability for Healthcare Violations

 

Introduction

Healthcare is one of the most important areas of public life that requires effective regulation and control. Administrative liability for violations in the healthcare sector is aimed at ensuring compliance with legal norms, standards and rules, as well as protecting the rights and interests of patients. This responsibility involves imposing sanctions on persons who violate the established requirements.

 

Main Types of Violations in the Healthcare Sector

Healthcare violations may include:

  • Improper performance of medical or pharmaceutical services
  • Violation of sanitary norms and rules
  • Failure to comply with the requirements for licensing and accreditation of medical institutions
  • Improper maintenance of medical records
  • Violation of patients' rights and confidentiality of information

 

Types of Administrative Sanctions

 

1. Penalties.

The most common type of administrative sanctions are fines, which can be imposed on individuals and legal entities for various violations in the healthcare sector. The amount of fines depends on the severity of the offense and its consequences.

 

2. Administrative Arrest

In cases of serious offenses, such as violations of sanitary and epidemiological standards that have led to mass illness or threats to human life, administrative arrest for a certain period of time may be imposed.

 

3. Revocation of the License

For gross violations of the law, medical institutions and individual medical professionals may be deprived of their license to practice medicine. This is a measure of last resort that is applied in cases of systematic or serious violations.

 

4. 4. Termination of the Activity

In case of violations that pose a threat to the life or health of citizens, the activities of a medical institution may be suspended until the identified deficiencies are eliminated.

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Procedure for the Application of Administrative Liability

 

1. Detection of a Violation

Violations in the healthcare sector are detected by state control and supervision bodies, such as the Ministry of Health, the State Service of Ukraine on Medicines and Drugs, the State Sanitary and Epidemiological Service, and others.

 

2. Consideration of the Case

Once a violation is detected, an administrative offense report is drawn up, which serves as the basis for the case. The relevant authorities conduct an investigation, collect evidence and hear explanations from the offender.

 

3. Decision Making

Based on the collected materials and the results of the investigation, a decision is made to impose an administrative penalty. This decision may be appealed in court.

 

Conclusion.

Administrative liability for violations in the healthcare sector is an important mechanism for ensuring the quality and safety of healthcare services, compliance with legal requirements, and protection of patients' rights. The effective application of administrative sanctions helps to increase the responsibility of healthcare professionals and institutions, as well as build public trust in the healthcare system.

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