In a statement sent to RFI, the Ministry of Health announces that everyone children up to the age of 14 have the right to be accompanied throughout their hospital stay. This right is also valid for children between 14 and 18 years old, with the consent of the attending physician. A fairly common abuse in Romanian hospitals is the refusal of fathers to accompany hospitalized children. According to the law, it is an abuse, and several hospitals in the country have been fined by the Council for Combating Discrimination for this situation. “The law does not stipulate that the parent or companion must be a man or a woman, so if a hospital refuses the father, it is an abuse. Such a measure cannot be included in an internal regulation of any hospital in Romania because it would be against the law.” says the president of the Romanian College of Physicians, Gheorghe Borcean.
Another important and unclear aspect in the parents’ relationship with the doctors who treat their children is the presence of the parents during the child’s consultation. Although the practice of some doctors and hospitals is to expel parents during the consultation or medical visit during hospitalization, the Ministry of Health states: “According to European legislation adopted in our country, parents or legal representatives of minor children have the right to give informed consent on behalf of their children and consequently must attend the medical consultation and the performance of some of the medical procedures.”
In this show, listen to the story of another parent who has to manage the emotional traumas caused to the child during a forced intervention, but also an interview with the president of the Romanian College of Physicians on this subject and the position of the Ministry of Health. Beyond some contradictions regarding the interpretation of the law between the two official institutions, the authorities remind that parents have the right to complain and refuse a doctor who violates the rights of children.
The response of the Ministry of Health
At the request of RFI, the Ministry of Health made the following clarifications:
1. According to Order 1284/2012 on the regulation of the program of visits of patients belonging to patients admitted to public health units, children may be accompanied by parents or other relatives during the period of hospitalization, if required.
Art. 5
(1) In the case of children hospitalized in intensive care units / compartments, the permanent presence of one of the parents shall be ensured, if requested.
(2) In the case of children up to 14 years of age hospitalized in any of the sections / compartments of the health unit, the presence of a permanent member is accepted, if requested.
(3) In the case of children aged between 14 and 18 years hospitalized in any of the sections / compartments of the health unit, the presence of a permanent member may be accepted, with the consent of the section head / compartment coordinator.
We mention that in the legislation in force, there are no specific provisions (neither prohibition nor acceptance) regarding the father as a companion of the child in the health unit.
2. The age until which the parent / legal representative is allowed to be hospitalized with the child is 18 years according to paragraph 3, art. 5 of Order 1284/2012 on the regulation of the program of visits of patients belonging to patients admitted to public health units.
3. The conditions that parents / legal representatives can benefit from during hospitalization together with their children are different from one hospital to another depending on the provisions of the internal regulations for patients at the level of medical units.
4. Children fall into the category of vulnerable persons due to their age and cannot receive information and provide informed consent for the medical act performed on them.
According to the European legislation adopted in our country, parents or legal representatives of minor children have the right to give informed consent on behalf of their children and consequently must attend the medical consultation and the performance of some medical procedures.
Art. 4
The patient has the right to be informed about the available medical services, as well as how to use them (Law no. 46 of January 21, 2003 on patient rights)
5. Every patient has the right to quality medical services performed without discrimination and without abuse.
Art. 3
The patient has the right to be respected as a human person, without any discrimination (Law No. 46 of January 21, 2003 on the rights of the patient).
In cases of urgency when the patient’s life is endangered, the medical staff can intervene without asking the consent of the parent / legal representative.
Art. 15
If the patient requires emergency medical intervention, the consent of the legal representative is no longer required (Law No. 46 of January 21, 2003 on the patient’s rights)
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