LEGAL STATUS OF MEDICAL WORKERS WHO PROVIDE PSYCHIATRIC HELP

Abstract

The scientific article is devoted to the problems of legal regulation of the legal status of medical workers who provide psychiatric care. The norms of legislation and by-laws that regulate the work of psychiatrists were studied. The papers of scientists who researched the legal status of doctors were reviewed. It is stated that the legal status of medical workers who provide psychiatric care is determined by the Labor Code of Ukraine, the Fundamentals of Health Care Legislation, the Law of Ukraine On Psychiatric Care, and by-laws of Ukraine. The theoretical foundations of the legal status of doctors who provide psychiatric care were studied. It is proposed to define the legal status of psychiatrists as a set of special rights, duties, legal restrictions, and terms of employment that determine the provision of medical care to persons suffering from mental illnesses. The requirements for the level of education and qualification of medical workers who provide psychiatric care are determined. The special professional rights and duties of medical workers during the provision of medical care were studied. The peculiarities of the legal regulation of working time and rest time of psychiatrists were studied. Features of criminal and administrative liability for violation of patients’ rights were established. A list of legal restrictions was established for medical professionals regarding the advertising and distribution of medicinal products obtained directly from pharmaceutical manufacturers. Proposals for amendments to the current legislation to improve the legal status of medical workers who provide psychiatric care have been formulated. It is proposed to enshrine in the Law of Ukraine On Psychiatric Care the peculiarities of legal regulation of labor relations of employees of health care institutions that provide psychiatric care. It is necessary to establish administrative responsibility for patients’ rights violations during the provision of psychiatric care in KUpAP.