LEGE nr. 136 din 18 iulie 2020 privind instituirea unor măsuri în domeniul sănătății publice în situații de risc epidemiologic și biologic – tradusă în limba engleză

În textul de mai jos aveți tradusă în limba engleză legea nr. 136 din 18 iulie 2020 privind instituirea unor măsuri în domeniul sănătății publice în situații de risc epidemiologic și biologic.

LAW 136 of July 18th 2020

On instituting public health measures in epidemiological and biological risk situations

ISSUER           PARLIAMENT

Published in THE OFFICIAL GAZETTE no. 634 of July 18th 2020

The Parliament of Romania passes the present law.

Article 1

The present law regulates certain necessary temporary public health measures in epidemiological and biological risk situations, to prevent entry of and contain infectious and contagious diseases in the Romanian territory.  

Article 2

The measures provided by the present law are ordered and implemented in the situations provided for in Art. 1, exclusively to protect public health, respecting the fundamental rights and liberties of the citizens and the public order. All measures provided for under this law shall be proportional to the situation they are determined by, limited in time thereto and applied indiscriminately.

Article 3

In the context of this law, the terms and notions used have the following meaning:

a) individual quarantine – measure to prevent the spread of infectious and contagious diseases, consisting in the physical separation of individuals suspected of being infected or carrying a highly pathogenic agent from others, in areas specially designated by the authorities, at home or at the location stated by the quarantined individual, measure established by individual motivated decision of the public health department, which shall contain particulars regarding the date and issuer of the document, name and identification data of the individual quarantined, duration of the measure and the remedy provided for by law;

b) zonal quarantine – measure to prevent the spread of infectious and contagious diseases, aiming to physically separate individuals and activities, including limiting traffic in an area affected by an infectious and contagious disease from the surrounding areas, so as to prevent the spread of infection or contamination outside of that area;

c) isolation – measure consisting of the physical separation of individuals affected by an infectious and contagious disease, or of the carriers of the highly pathogenic agent, even if they do not exhibit indicative signs and symptoms, at home, at the location stated by the isolated individual, in a healthcare unit or at an alternative location attached to the healthcare unit, for health monitoring and treatment, as applicable, measure instituted for the purpose of healing and reduction of the contagion degree on the basis of the individuals’ consent, or, in the absence thereof, by individual motivated decision of the public health department, which shall contain particulars regarding the date and issuer of the document, name and identification data of the individual isolated, duration of the measure and the remedy provided for by law;

d) imminent risk – immediate threat or high probability of spread of a highly pathogenic agent within the human population, which can severely impact human health and life;

e) contamination – presence of a highly pathogenic agent on the surface of a human or animal body, in or on a product prepared for consumption or other objects, including means of transport, which can constitute an epidemiological and biological risk;

f) official scientific information – data offering evidence based on scientific methods, established and transmitted by international or national institutions specializing in healthcare, and accepted by the Ministry of Health;

g) infection – penetration and growth or multiplication of an infectious agent in the human or animal body, which can constitute a public health risk;

h) public health measures – specific prevention, limitation and response measures applied in order to stop the spread of disease or contamination;

i) ill person – individual suffering from an infectious and contagious disease exhibiting indicative signs and symptoms specific to the case definition, or individual carrying a highly pathogenic agent, even without exhibiting indicative signs and symptoms upon objective clinical examination, but who is an epidemiological and biological risk

j) epidemiological risk – probability of occurrence of an event generated by a highly pathogenic agent that can affect population health, with the possibility of spreading at local, county, national, European or international level;

k) biological risk – probability of occurrence of an effect on human health caused by the accidental or intentional dissemination of a highly pathogenic agent;

l) suspected person – individual originating from the area where there is an epidemic, epidemiological or biological risk, who is possibly infected with a highly pathogenic agent, in the incubation period, based on scientific evidence, or individual who has come in contact with an infected person or with goods contaminated with the highly pathogenic agent, until the incubation period is over or until exhibiting clinical or paraclinical signs or symptoms of the disease;

m) public health emergency of international significance – an unusual event which, according to the 2005 International health regulations, approved by the General Assembly of the World Health Organization and implemented by Government Decision no. 758/2009, constitutes a public health risk and demands a potential coordinated international response;

n) epidemic – expansion of an infectious and contagious disease through contamination, at an unusual rate, to a large number of people relative to the particular risk of said disease, in a given area;

o) pandemic – expansion of an epidemic on several continents;

p) communicable disease – disease determined by the invasion of the body tissues by highly pathogenic agents, their multiplication and the reaction of the host tissue to them and to the toxins they produce, which can be transmitted from a source/environment to an individual or from one individual to another;

q) population – a group of people presenting one or more common traits;

r) control bodies – bodies established in accordance to applicable legal regulations, with attributes to assess and monitor the compliance of the authorities or individuals concerned with the measures provided for under this law, in situations of epidemiological and biological risk;

s) area designated by the authorities – location that fulfils the minimum accommodation conditions and is established by the authorities for individual quarantine, under the present law;

ș) alternative location attached to the healthcare unit – area which provides healthcare and belongs to a key healthcare unit, used for individual isolation purposes, in accordance with the present law, such as but without limitation to hotel accommodation units or other specially designated areas.

Article 4

The measures provided for in Art. 7 apply to populations deemed susceptible to be an epidemiological and biological risk to public health by the National Committee for Emergency Situations, and, in individual cases, by motivated decision of the public health department, which shall contain  particulars regarding date and issuer of the document, name and identification data of the individual quarantined, duration of the measure and the remedy provided for by law. The measures and populations are established by the National Committee for Emergency Situations, on the basis of the proposal by the Technical and scientific support group regarding the management of highly contagious disease on Romanian territory.

Article 5

(1) The central and local public administration authorities can make available specially designated areas or alternative locations attached to healthcare units, for individuals in quarantine or isolation, as applicable.

(2) The central and local public administration authorities which do not own or manage the areas mentioned in par. (1) can conclude rental agreements for buildings to this end.

(3) Quarantine in areas specially designated by the competent authorities is carried out in the following cases:

a) if the individuals for which the quarantine is established declare at their own risk that they cannot meet the physical separation conditions at home or at the location stated by them;

b) if the individual does not respect the entire quarantine period at home or at the stated location, in spite of having agreed to it at the date of establishment.

(4) The expenses incurred during quarantine in specially designated areas for the situations provided for in par. (3) letter a) are covered by the budget of the Ministry of Health, approved to that end.

(5) The individuals who do not respect the quarantine at home or at the location stated, are required to cover the quarantine expenses in the areas specially designated by the authorities. The expenses incurred for their quarantine are covered by the Ministry of Health from the budged approved to that end, and are recovered from the individuals concerned.

(6) By way of derogation from the provisions of Art. 297 of Emergency Government Ordinance  no. 57/2019 concerning the Administrative Code, as subsequently amended and supplemented, the assets in the public domain of the State and managed by the Ministry of Youth and Sport by means of the county departments for sport and youth can be used to quarantine individuals under the conditions provided for by the present law. The expenses incurred for the quarantine process are covered by the state budget, by means of the Ministry of Youth and Sport budget. The Ministry of Public Finance shall supplement the budget of the Ministry of Youth and Sport accordingly, with the amounts corresponding to the expenses incurred in the quarantine process.

(7) The detailed rules to establish the minimum conditions of the accommodation areas and the cost standards are approved by Government decision within a maximum of 30 days from the entry into force of the present law.

Article 6

The epidemiological and biological risk situations for which the measures provided for in this law are established, are as follows:

a) epidemic declared by order of the ministry of health;

b) public health emergency of international significance, certified by decision of the National Committee for Emergency Situations, on the basis of the statement by the World Health Organization;

c) pandemic declared by the World Health Organization and certified by decision of the National Committee for Emergency Situations;

d) the imminent epidemiological and biological risk identified and ascertained by the institutions under the coordination of the Department for Emergency Situations or by the institutions subordinated to the Ministry of Health.

Article 7

(1) Quarantine is instituted on the basis of the official scientific information and of the case definition, at the individual’s residence, at a location stated by the latter or, if applicable, in an area specially designated by the authorities, with respect to individuals suspected of being infected or carrying a highly pathogenic agent, and who:

a) arrive from areas where the epidemiological risk is high, based on epidemiological data transmitted at national, European and international level by competent bodies in the field

b) have come in direct contact with at least one individual confirmed to have an infectious and contagious disease.

(2) If the individuals mentioned in par. (1) refuse quarantine at home or at the location stated by them, as well as when the individuals concerned breach the quarantine term, in spite of having previously agreed to it, the physician or, if applicable, the control bodies recommend, and the public health department representative decides to quarantine said individuals in the area specially designated by the authorities, should they determine there is a risk of transmission of an infectious and contagious disease with imminent risk of community transmission. The physician or, if applicable, the control bodies, shall inform the county public health department or the Bucharest public health department immediately, who shall confirm or rule out, by individual decision, the quarantine of the individuals in the area specially designated by the authorities. The decision shall contain particulars regarding the date and issuer of the document, name and identification data of the individual quarantined, duration of the measure and the remedy provided for by law. The decision is issued at the latest 8 days after the briefing with the physician or the control bodies, as applicable, and is communicated immediately to the individual concerned. In order to prevent the spread of the infectious and contagious disease, until such time as the decision of the public health department, ruling out the recommended quarantine in the area specially designated by the authorities, has been communicated, or, as applicable, until the decision of the court of first instance has been communicated, the individual concerned cannot leave his/her residence, the location stated by him/her for quarantine or, as applicable, the area specially designated by the authorities, without the consent of the physician or of the public health representative.

(3) The measure provided for in par. (1) and (2) is instituted for the duration of the incubation period specific to the suspected infectious and contagious disease. The measure ends at the expiry of the term corresponding to the incubation period, or before, following a confirmation of the individual as carrier of the highly pathogenic agent, with or without exhibiting indicative signs and symptoms specific to the case definition, in which case the provisions regarding isolation in the present law shall apply thereto.

(4) The list of areas specially designated by the authorities to quarantine individuals are established by Government decision, under the present law.

(5) Zonal quarantine is instituted for individuals and activities carried out in the perimeter affected by epidemiological and biological risk situations provided for in Art. 6.

Article 8

(1) Isolation is instituted for ill persons, with indicative signs and symptoms specific to the case definition, as well as for carriers of the highly pathogenic agent, even if they do not exhibit indicative signs and symptoms.

(2) The list of infectious and contagious diseases for which isolation at home, at the location stated or, if applicable, in healthcare units or in alternative locations attached thereto is instituted, as well as the list of key healthcare institutions treating ill persons are established by Government decision. To ensure correct balance between the need to prevent the spread of an infectious and contagious disease with imminent risk of community transmission and the individuals’ right to freedom, isolation is instituted depending on the infectious and contagious disease, established in accordance to this paragraph, and respecting the following standards, necessary for the exercise of fundamental rights and freedoms:

  1. a) the measure should be ordered for a limited period, indiscriminately and proportionally to the state of affairs that determined it;
  2. b) the measure should aim at preventing the spread of an infectious and contagious disease that threatens the safety of individuals and public health;
  3. c) the measure should be ordered to protect public interest and not to cause an imbalance between the need to protect public health and the necessity to respect individual freedom.

(3) Isolation of the individuals provided for in par. (1) is ordered with the consent of the individuals under examination, and in the absence thereof, under the conditions of par. (6), when the physician determines the risk of transmission of an infectious and contagious disease with imminent risk of community transmission, in a healthcare unit, or, as applicable, in an alternative location attached to the healthcare unit, established according to par. (2), for the purpose of carrying out clinical, paraclinical tests and biological assessments, until the receipt of the results, but for no longer than 48 hours.

(4) No later than upon the expiry of the 48 hour term, based on the clinical and paraclinical tests and if the risk of transmission of the infectious and contagious disease with a risk of community transmission is maintained, the physician recommends extending the isolation in a healthcare unit or in an alternative location attached to the healthcare unit or, if applicable, at the individual’s residence or at the location stated by him/her.

(5) Isolation at home or at the stated location is ordered if the risk of contaminating other people or spreading the infectious and contagious disease is low. Isolation at home or at the stated location cannot be ordered if the scientific information concerning the type of the highly pathogenic agent, the transmission path and the transmission rate require isolation of the individuals exclusively in a healthcare unit or an alternative location attached thereto.

(6) If the individuals provided for in par. (1) refuse the isolation measure ordered in accordance with par. (3), after recording the individual’s refusal, the physician informs the county or Bucharest public health department immediately, and the latter, no later than within two hours, issues the decision confirming or ruling out the isolation measure recommended by the physician, in the healthcare unit, or at an alternative location attached thereto. The decision is individual and is communicated immediately to the individual concerned. The decision shall contain particulars regarding the date and issuer of the document, name and identification data of the isolated individual, duration of the measure and the remedy provided for by law.  In order to prevent the spread of the infectious and contagious disease, until such time as the court of first instance communicates the decision to nullify the contested administrative action, the individual concerned cannot leave the location where he/she is being isolated without the consent of the physician or of the public health department representative.  

(7) If the individuals provided for in par. (1) refuse the isolation measure extended and recommended in accordance with par. (4) or if the individuals breach the isolation period at home or at the stated location, in spite of having previously agreed to it, the physician or the control bodies, as applicable, shall inform the county or Bucharest public health department immediately, which can confirm or rule out the isolation  measure in a healthcare unit or at an alternative location attached thereto, by means of an individual decision. The decision shall be issued no later than two hours after the briefing from the physician or the control bodies, as applicable, and is communicated immediately to the individual concerned. The decision shall contain particulars regarding the date and issuer of the document, name and identification data of the isolated individual, duration of the measure and the remedy provided for by law. In order to prevent the spread of the infectious or contagious disease, until such time as the public health department communicates the decision ruling out the measure to extend the isolation in the healthcare unit or at an alternative location, or, if applicable, until the court of first instance communicates its decision, the individual concerned cannot leave the location where he/she is being isolated without the consent of the physician or of the public health department representative.

(8) The isolation established in accordance with par. (4) ends on the date the individual is confirmed as healed based on clinical and paraclinical examinations or on the physician’s recommendations, who determines that there is no longer any risk of disease transmission.

(9) If the individual mentioned in par. (1) is a minor, isolation is established for the latter in accordance with par. (3) and (4), as appropriate, at the guardian’s residence or at the location stated by the latter. The isolation of the minor in a healthcare unit or at an alternative location attached thereto, is established in accordance with the applicable regulations. The minor’s guardian is submitted to quarantine under the present law if the isolation measure does not apply to him/her.

Article 9

(1) When the quarantine or isolation measure has been taken with respect to an individual who is in charge of a minor, an incapacitated person, a person who has tutorship or trusteeship or a person who is left without care or supervision due to age, illness or other causes, the parent, legal guardian, medical personnel or public health department representative informs social services, for monitoring purposes, and, if required, to take legal measures for the temporary protection of the individuals concerned.

(2) The monitoring and, if applicable, the temporary protection measures for the individuals provided for in par. (1) can only be ordered for as long as they are unsupervised and without care, and shall not have the effect of rightful suspension of the exercise of parental or legal guardianship rights.

(3) The monitoring and, if applicable, the temporary protection measures for the individuals provided for in par. (1) cannot be ordered if the parent or legal guardian has designated another family member or person of reference to supervise and care for the individuals provided for in par. (1), and if the latter has accepted to temporary exercise the supervision and care of the individuals concerned.

(4) The general directorates for social assistance and child protection shall take measures to make available for the individuals provided for in par. (1) appropriate residential locations and specialized personnel, according to the age and state of health of the protected individuals, for the entire time they remain without supervision and care.

Article 10

In the situations provided for in art. 6 and only if there is imminent risk, on a proposal from the National Public Health Institute and respecting the International health regulations, the ministry of health shall order the manner of enforcement of the measures provided for herein, with a view to prevent and contain infections with the highly pathogenic agent.

Article 11

(1) Quarantine for individuals arriving in Romania from areas with high epidemiological risk or for individuals who have come in direct contact with the infected persons, in the situations of epidemiological risk provided for in art. 6, is ordered by decision of the National Committee for Emergency Situations, on a proposal from the Technical and scientific support group regarding the management of highly contagious diseases on Romanian territory, and is implemented by orders of the ministry of health and of the subordinated units.

(2) For situations with high imminent epidemiological and biological risk, the head of the Department for Emergency Situations or the person designated by the latter shall order the measures provided for in Art. 7 par. (1) and (2). These must be validated no later than within 48 hours by the National Committee for Emergency Situations.

(3) The decision of the National Committee for Emergency Situations is administrative action and can be contested under the conditions of the present law.

Article 12

(1) Zonal quarantine is instituted by order of the head of the Department for Emergency Situations or of the person designated by the latter, on the basis of a decision of the county committee for emergency situations, on a proposal from the territorial public health department and with the approval of the National Institute of Public Health.

(2) By way of derogation from the provisions of par. (1), if the measure is aimed at two or more neighboring counties, the zonal quarantine is imposed by order of the head of the Department for Emergency Situations or by the person designated by the latter, on a proposal from the National Institute of Public Health and with the approval of the National Committee for Emergency Situations within a maximum of 48 hours.

(3) The measures provided for in par. (1) and (2) are established when, based on assessment, it is determined that the risk of community spread cannot be controlled by other means, and the percentage of infections exceeds the threshold established by the National Institute of Public Health.

(4) In the case of a biological accident, the zonal quarantine provided for in par. (1) and (2) can be established temporarily, until the impact of the highly pathogenic agent can be established and, if applicable, the effects are eliminated.

(5) Public order in the areas specially designated by the authorities for quarantine, as well as in the healthcare units or in the alternative locations attached thereto designated for isolation, provided for by the present law, is ensured both outside and inside by the local police. If there is no constituted local police or if its effects are insufficient, public order is ensured by the Romanian Military Police or by the Romanian Police, as applicable.

Article 13

The National Institute of Public Health is required to give a daily account of the number of new cases, retested cases and total number of tests for the new and retested cases, reported separately, at national and county level, including on the basis of test subject residence, for the entire duration of the epidemiological and biological risk situation, in order to prevent the entry of and limit the spread of infectious and contagious diseases on national territory.

Article 14

The central or local public authorities are required to ensure food or, if applicable, treatment for the individuals quarantined or isolated at home or at the stated location, based on individual age and state of health, as well as to deliver them, if the individuals are unable to procure food or treatment, as applicable. The maximum limits for these expenses, which shall be covered by the budget of the Ministry of Health, by means of the administrative and territorial units, shall be established by Government decision.

Article 15

(1) The orders of the head of the Department for Emergency Situations or of the person designated by the latter, issued under the present law, shall be implemented immediately by the competent authorities and published on the official websites of the Ministry of Internal Affairs, Department for Emergency Situations and General Inspectorate for Emergency Situations. The central and local public authorities shall ensure that the citizens in the quarantined areas are informed by means of information campaigns.

(2) The regulatory orders of the head of the Department for Emergency Situations or of the person designated by the latter, issued under the present law, are published immediately in the Romanian Official Gazette, Part I.

(3) The orders of the head of the Department for Emergency Situations or of the person designated by the latter can be contested before the competent court, under the present law, by any individual who considers that his/her right or legitimate interest has been violated.

(4) All regulatory administrative actions regarding the establishment, amendment or cessation of the measures in the present law can be contested by any individual who considers that his/her right or legitimate interest has been violated, by applying for annulment before the competent court, on grounds of illegality and lacking factual basis, within 5 days of the administrative action being published in the Romanian Official Gazette or of the individual taking note of the content of said action, if it has not been published.

(5) The petition for annulment shall be formulated in writing and submitted with the competent court of law.

(6) The court with jurisdiction to settle the petition for annulment formulated against the administrative actions shall be the court of appeal, administrative and fiscal disputes department, of the area where the issuing authority is located.

(7) In the resolution of the legal actions brought against the administrative actions in the present law, the provisions of the Law on administrative litigation no. 554/2004, as subsequently amended and supplemented, regarding the requirement of the prior complaint procedure do not apply. The petitions are put on expedited trial and in particular, the provisions of art. 200 of Law 134/2010 regarding the Code of Civil Procedure, republished, as subsequently amended and supplemented, do not apply.

(8) The parties shall be summoned in accordance with the provisions regarding expedited trial summons.

(9) The statement of defense is mandatory. The judge issues a resolution ordering the disclosure of the petition and of the documents filed by the defendant, who is made aware that he/she is required to file a statement of defense, as well as of the file that was the basis for the issuing of the administrative action, under the sanction provided for by law, which shall be expressly indicated within a maximum of two days from the disclosure of the petition. The statement of defense and the aforementioned file shall be disclosed to the claimant at least 3 days before the first trial date.

(10) The petition for annulment is resolved following the expedited trial and in particular, within a maximum of 15 days from the date of initiation of the court proceedings, with panels of at least 3 judges.

(11) The court may order by default that any evidence necessary for the resolution of the case be examined.

(12) The first trial date is no later than 5 days after the date when the petition for annulment was recorded, and the subsequent dates cannot exceed 10 days in total.

(13) If the claimant is subject to an individual action issued in accordance with the provisions of the present law, ordering one of the measures provided for in Art. 7 or 8, as applicable, and if this circumstance arises from the documents submitted, the resolution of the case shall include the hearing of the claimant, except in the case where his/her state of health forbids it. The hearing of the claimant shall be carried out by means of audiovisual telecommunication which allows for the verification of the identities of the parties, and which guarantees the security, integrity, confidentiality and quality of the transmission. In case of technical or material impossibility to use such means for the hearing of the claimant, said hearing shall be carried out by any electronic means of communication, including telephone, which allows for the verification of the identity of the parties and guarantees the security, integrity, confidentiality and quality of the transmission. The summons shall include the appropriate indication to that end. The minutes of the proceedings shall also record the actions thus carried out.

(14) If the claimant is assisted or represented by a lawyer or if it is necessary to use a translator or interpreter, it is not necessary for the latter to be present with the claimant. The costs incurred by the presence of the translator or interpreter are covered by the budget of the Ministry of Justice.

(15) If the claimant hearing cannot be carried out under the conditions provided for in par. (13) and if he/she has no chosen defender, one shall be appointed to him/her by the court.

(16) The court shall ensure that the proceedings provided for in the present article are carried out in good conditions, in order to respect the right to a fair hearing and the contradictory nature of the proceedings.

(17) The judgement can be postponed by no more than 24 hours, and the reason for judgement is given no later than 48 hours after the judgement.

(18) The judgement of the court of first instance can be appealed no later than two days after the notification. In order to resolve the appeal, the file is submitted to the High Court of Cassation and Justice that same day, in writing or electronic format.

(19) The High Court of Cassation and Justice shall adjudicate in panels of 5 judges, within 5 days of the complaint, by final judgement.  

(20) The final judgement to annul the regulatory administrative action is published in the Romanian Official Gazette within 24 hours of the adjudication, in accordance with the procedure provided for in Art. 23 of Law 554/2004, as subsequently amended and supplemented.

(21) The regulatory administrative actions provided for in par. (4) are part of the category of documents provided for in Art. 5 par. (3) of Law 554/2004, as subsequently amended and supplemented, and the provisions of Art. 14 or 15, as applicable, of the aforementioned law shall not apply to the proceedings brought against them.

Article 16

(1) Any individual who considers that his/her right or legitimate interest has been violated by an individual administrative action issued in accordance with Art. 8 par. (3) can lodge a complaint with the court in his/her district of domicile or residence, or with the court in the district where the area or healthcare unit where he/she is being isolated is located, requesting the annulment of the action. The petitions are exempt from the payment of the legal stamp duty.

(2) The judgement on the petitions provided for in par. (1) is passed within a maximum of 24 hours of the complaint being brought before the court, and the provisions of Art. 200 of law 134/2010 regarding the Code of civil procedure, republished, as subsequently amended and supplemented, do not apply.

(3) The parties shall be summoned in accordance with the provisions regarding expedited trial summons, so as to ensure that the trial date provided for in par. (2) is respected, and legal counsel for the individual is mandatory.

(4) The court cannot postpone the judgement, and the ruling shall be written down immediately.

(5) The provisions of Art. 15 par. (13)-(16) apply accordingly.

(6) The court order is final.

(7) The disclosure of the procedural documents, including the recording of the complaint are carried out in electronic format and using electronic means.

Article 17

(1) Any individual who considers that his/her right or legitimate interest has been violated by an individual administrative action issued in accordance with Art. 7 or 8 par. (4) can lodge a complaint, no later than 24 hours after the communication of the decision of the public health department, with the court in his/her district of domicile or residence, or with the court in the district where the area or healthcare unit where he/she is being quarantined or isolated, as applicable, is located, in accordance with Art. 7 or 8 par. (4), requesting the annulment of the contested administrative action, its revision or the cessation of the measure. The petitions are exempt from the payment of the legal stamp duty.

(2) The petitions provided for in par. (1) undergo expedited trial, and particularly, are resolved no later than within 48 hours. The provisions of Art. 200 of Law 134/2010, republished, as subsequently amended and supplemented, do not apply.

(3) The parties shall be summoned in accordance with the provisions regarding expedited trial summons, so as to ensure that the trial date provided for in par. (2) is respected, and legal counsel for the individual is mandatory.

(4) The provisions of Art. 15 par. (13)-(16) apply accordingly.

(5) The court can postpone the judgement by a maximum of 24 hours, and the ruling is written down the same day.

(6) The individual concerned shall be monitored by a physician daily or when the situation demands it, until the court judgement is passed.

(7) The judgement of the court of first instance is enforceable and can be appealed within two days of its notification.

(8) The appeal is resolved no later than 24 hours after the date when the complaint was brought before the court, and the provisions of par. (5) apply accordingly.

(9) If the court of first instance orders the annulment of the administrative action, the contested measure ceases from the moment that the judgement is passed, and the individual concerned has the right to leave the area or unit where he/she had been quarantined or isolated, as applicable, immediately.

(10) The disclosure of the procedural documents, including the recording of the complaint are carried out in electronic format and using electronic means.

Article 18

(1) Until the date of entry into force of the present law, the quarantine or isolation expenses, as well as the social security benefits corresponding to the medical leave established or granted for quarantine or isolation, as applicable, are covered in accordance with the regulatory actions in force on the day they were established or granted, respectively.  

(2) Until the date of entry into force of the Government decision provided for in Art. 8 par. (2), the provisions of the present law are incident to infections with SARS-CoV-2, denominated COVID-19.

Article 19

(1) If the public health department or the county or Bucharest inspectorate for emergency situations determines that there is a shortage of  medical personnel for the duration of the establishment of the public health measure, in epidemiological and biological risk situations, the specialized medical, paramedical and auxiliary personnel in the public system can be reassigned, with the consent of the reassigned individuals, and in the absence thereof, under the conditions of the present law, for at most 30 days, by order of the ministry of health, or of the heads of the Department for Emergency Situations or of the person designated by the latter, or, as applicable, of the head of the employer institution. 

(2) The measure provided for in par. (1) is ordered in case of a personnel shortage, when the establishment plan cannot be completed with the medical personnel that agrees to the reassignment, with volunteers or with military medical personnel and, at the motivated request of the county or Bucharest public health department, of the county or Bucharest inspectorate for emergency situations or of the National center for coordination and management of the intervention.

(3) For the duration of the reassignment ordered in accordance with par. (1), the reassigned individuals are guaranteed, additionally to the salary paid by the employer unit, the payment of the reassignment compensation amounting to 50% of the basic salary, the daily allowance of 2% of the basic salary, accommodation and transport to the reassignment location.

(4) The rights paid to the reassigned individuals are covered by the budget of the Ministry of Health, transport is ensured by the Inspectorate for Emergency Situations and accommodation by the institution that is provided the services by the reassigned individuals or, as applicable, by the administrative-territorial unit.

(5) The reassignment order issued in accordance with par. (1) can be contested within the legal term, with the competent administrative litigation court.

(6) The Ministry of Health together with the Department for Emergency Situations within the Ministry of Internal Affairs shall operationalize a national register of volunteers within the medical personnel for emergency situations.

Article 20

(1) For individuals in quarantine or isolation established until the entry into force of the present law, the medical leave certificates are granted in accordance with the regulatory actions in force at the date of granting.

(2) The medical leave and the quarantine compensation are granted to policyholders who are prohibited from continuing their activity, which cannot be carried out at home, on suspicion of a contagious disease, for the duration established in the certificate issued by the public health department.

(3) The medical leave certificate for quarantine is issued by the attending physician, based on the certificate issued by the specialized bodies within the public health departments.

(4) In case of quarantine or isolation, the medical leave certificates can be issued at a later date, but only for the current or previous month.

(5) The duration of the medical leave for quarantine or isolation is not cumulated with the duration of medical leaves granted to policyholders for other conditions.

(6) If the duration of the quarantine or isolation period established by the specialized bodies within the public health departments exceeds 90 days, the approval of the specialized social security physician is not necessary.

(7) The monthly gross amount of the compensation for quarantine or isolation is 100% of the calculation basis established according to law, and is covered entirely by the budget of the National Health Insurance Fund.

Article 21

(1) The temporary employment, without a recruitment contest, of medical personnel in healthcare units and in the lacking public health departments, and of emergency situation professionals within the General Inspectorate for Emergency situations and its subordinated units, is permitted, to  cover the shortage of medical personnel in the healthcare system as well as of emergency situation professionals within the General Inspectorate for Emergency Situations, for the duration of the establishment of the epidemiological and biological risk situation.

(2) The additional financial requirements corresponding to the personnel expenses caused by the employment provided for in par. (1) shall be covered by the budgets of the line ministries, that is, by direct transfer from the National Health Insurance Fund.

This law was passed by the Parliament of Romania, respecting the provisions or Art. 75 and 76 par. (1) of the Romanian Constitution, republished.

PRESIDENT OF THE CHAMBER OF DEPUTIES

ION-MARCEL CIOLACU

  1. PRESIDENT OF THE SENATE,

ROBERT-MARIUS CAZANCIUC

Bucharest, July 18th 2020.

No. 136.


Vrei să ne conectăm? Click...

Share on facebook
Share on pinterest
Share on twitter
Share on linkedin

De interes

Servicii traducere