Patient and User Rights Act (pbrl)

Information

The references and reproduction of the laws here are intended to give you insight into and understanding of how different rights you have work. Please note that this does not provide you with complete information and is not considered a source of law. For more comprehensive information, contact your local patient and user representative: https://helsenorge.no/pasient-og-brukerombudet

The entire law can be found here: https://lovdata.no/dokument/NL/lov/1999-07-02-63/

 

Purpose

The purpose of the law is to help ensure the population equal access to good quality services . This is done by giving patients and users rights to the health and care service, cf. § 1-1 . The provisions shall contribute to promoting the relationship of trust between patient and user and the health and care service, promote social security and safeguard respect for the individual patient’s and user’s life, integrity and human dignity.

The purposes tell what the legislature wants to achieve with the law. This explains the background for the health policy the law is based on and is intended to act as a guideline for non-profit goals that emerge from the law.

To be able to take advantage of the rights under the law, you must be apatient . You are defined as a patient as you addresses you to the health and care service with a request for health care , or you are someone that the health and care service provides or offers health care in the individual case , cf. § 1-3 first paragraph letter a .

Health care are actions that have preventive, diagnostic, treatment, health-preserving, rehabilitative or nursing and care purposes, and which have been performed by health personnel, cf. § 1-3 first paragraph letter c .

Right to necessary health care from the specialist health service after § 2-1 b .

As a patient, you have the right to necessary health care from the specialist health service .

What is to be regarded as specialist health service is not defined by law. However, interdisciplinary rehabilitation specialized for amputees, dysmelists and / or prosthesis users, and offered by various rehabilitation institutions, is to be regarded as specialist health services.

What is to be regarded as necessary health care follows from a health professional assessment of the patient’s needs.

Feel free to contact the relevant institution directly and / or your GP to get more information about the referral and the process for obtaining the necessary health care from the specialist health service.

Right to assessment after § 2-2

If you are referred to the specialist health service for necessary health care after § 2-1 b . you have the right to assess the referral. The assessment shall be made on the basis of the referral.

As a patient, you must be informed of the right to appeal, the time limit for appeal and the detailed procedure for appeal.

The referring body must be given the same information that the patient receives according to the first and second paragraphs.

Right to reassess after § 2-3

 

If you as a patient have been referred by a general practitioner, you have the right to a reassessment of your state of health by the specialist health service. The right only applies once for the same condition.

This may be appropriate if you need the first assessment made. In some cases, there may be professional disagreement as to whether you need health care that the referral refers to. Then others who consider your needs may come to a different conclusion.

Free choice of treatment after § 2-4

 

As a patient, you have the right to free choice of treatment. You then have the right to choose at which public or private company your referral is to be assessed, cf. § 2-2 . As a patient, you can only select companies that have the right to assign patient and user rights after § 2-1 b .

If you are entitled to the necessary health care from the specialist health service, you can choose at which public or private activity the health care is to be provided. You can only choose a private company that either has an agreement with a regional health authority or is approved to provide such specialist health services. However, you can not choose level of treatment . In other words, you can not choose to have a given treatment.

Right to individual plan after § 2-5

If you need long-term and coordinated health and care services, you as a patient or user have the right to have an individual plan prepared in accordance with the provisions of the Health and Care Services Act and the Specialist Health Services Act. This may, for example, be relevant if you have needs from various services from Nav, the municipality, hospitals, GPs and / or a rehabilitation institution. This is to ensure that the services can coordinate and meet your needs in the best possible way so that the dialogue between them is better.

Right to participate after § 3-1

As a patient or user, you have the right to participate in the implementation of health and care services. You then have, among other things, the right to participate in the choice between available and justifiable forms of service and examination and treatment methods. The form of participation must be adapted to your ability to give and receive information. The service offer must, as far as possible, be designed in collaboration with you. Great emphasis must be placed on what you as the patient or user mean when designing service offerings.

Right to information after § 3-2

As a patient, you should have the information necessary to gain insight into your state of health and the content of health care.

As a user, you must have the information necessary to gain sufficient insight into the service offer and to be able to safeguard your rights.

This means that you will receive information that enables you to exercise your rights, such as participation § 3-1 .

The information must be adapted to your individual circumstances, such as age, maturity, experience and cultural and language background. The information shall be provided in a considerate manner, cf. § 3-5 .

Personnel shall as far as possible ensure that the recipient has understood the content and significance of the information.

Information about the information provided must be recorded in the patient’s or user’s medical record.

Patients ‘and users’ right to information is reflected in the fact that those who provide health and care services have a duty to provide information in accordance with the Health Personnel Act (hpl.) § 10 , and the municipality’s duty to ensure that this is given, cf. the Health and Care Services Act § 4-2 a , hpl. § 16 and the Specialist Health Services Act § 3-11 . Activities that provide health and care services shall be organized so that The health personnel will be able to comply with its statutory obligations, cf. hpl. § 16.

Health personnel are personnel with authorization according to the law (hpl) § 48 a or license after § 49 . This applies, among other things, to doctors, nurses, occupational therapists, physiotherapists and orthopedic engineers, cf. § 48 . Pupils and students who, in connection with health professional training, perform actions that have a preventive, diagnostic, therapeutic, health-preserving, rehabilitative or nursing and care purpose are also covered by the law.

Right to information for the patient’s or user’s next of kin after § 3-3

If the patient or user consents to it or the circumstances so require, the patient’s or user’s next of kin must have information about the patient’s or user’s state of health and the health care provided.

If the patient or user is over 16 years of age and is clearly unable to look after their interests due to physical or mental disorders, dementia or mental retardation, both the patient or user and their next of kin have the right to information in accordance with the rules in § 3-2 .

Complaint § 7-2

As a patient, user or his / her representative who believes that the provisions in chapters 2, 3 and 4, as well as § 5-1, § 6-2 and § 6-3 have been violated, can complain to the County Governor. The appeal is sent to the person who has made the individual decision or decision.

Complaints to the County Governor must be in writing, cf. section 7-3 . It must be signed by the patient, the user or the person representing the patient or the user.

The complaint should mention the matter complained of. It should also provide information that may be relevant to the processing of the complaint.

If the complaint contains errors or omissions, the County Governor sets a short deadline for correction or completion.

 

If you think one of your rights has been violated, you can contact the patient and user ombudsman in your health region help and guidance, possibly a complaint to those who have made a decision and / or the county governor, cf. § 7-2 . On the county governor’s website they have also posted good information on how to proceed to complain.

If you want to exercise the right to free choice of treatment, it can often make sense to contact the institution directly for further guidance and the process further for treatment and stay. It can also be useful to see other relevant rights described on HelseNorge.no .

Treatment and rehabilitation

If you are unsure where it is possible to get treatment and rehabilitation, it can be a good start and apply HelseNorge’s websites (search for example “Rehabilitation: Amputations of upper extremities”). Another tip is to share experiences with others via ours Facebook group or at one of our events.

The rights are reflected in the institutions ‘and healthcare professionals’ duties towards you as a patient and user, for example through the Health Personnel Act , the Specialist Health Services Act and the Health and Care Services Act .