Significant Amendment to the Basic Law on Health Care
- Basic Law on Health Care No. 3359 has been amended by Law No. 7406, published in the Official Gazette on 27 May 2022.
- In essence, the recent amendments introduced by Additional Clause 18 and Provisional Clause 13 are outlined as follows;
(a) Additional Clause 18 primarily pertains to the regulation of the Board of Professional Liability.
(i) To authorize an investigation regarding physicians and other healthcare professionals,
(ii) To resolve on recourse against the individual concerned for the compensation disbursed by the Administration, and
(iii) The establishment and operational procedures of the Board of Professional Liability,
(b) Provisional Clause 13 stipulates that the amendments introduced in Additional Clause 18 shall not apply to the investigations concluded on the publication date of the law, whilst application to the Board of Professional Liabilities has been established as a prerequisite for recourses that are currently pending.
- Pursuant to the rules promulgated by Additional Clause 18;
(a) Except for those subject to the investigation procedures set out in Law of Higher Education Article 53,
Investigations conducted due to medical procedures and practices related to examinations, diagnosis and treatments performed as part of the practice of health profession by physicians and dentists and other healthcare professionals employed in public or private health institutions and organizations, and foundation universities, shall be governed by the provisions of the Code on the Trial of Civil Servants and Other Public Officials dated 2/12/1999 No. 4483.
Authorization for investigations shall be granted by the Board of Professional Liability established under the purview of the Ministry of Health.
Additionally, the Board of Professional Liability retains the authority to delegate the chairman or vice chairmen of local health authorities to conduct preliminary inspections pertaining to physicians and dentists and other healthcare professionals employed in private health institutions and organizations, and foundation universities.
The timeframes specified Article 7 of in Law No. 4483 Article 7 on granting permission for investigation have been extended twofold.
Appeals may be lodged with the Ankara District Administrative Court against the decisions of the Board of Professional Liability.
- b)Board of Professional Liability shall adjudicate, within a period of one year, regarding whether or not to seek recourse against the individual concerned for the compensation disbursed by the administration due to medical procedures and practices related to examinations, diagnosis and treatments performed as part of the practice of health profession by physicians and dentists and other healthcare professionals employed in public or private health institutions and organizations and foundation universities, considering the recourse amount, whether the person concerned engaged in any wrongful conduct by acting contrary to the requirements of his/her duty and whether malpractice occurred.
(c) Board of Professional Liability, appointed by the Minister of Health, comprises seven members including;
(i) Deputy Minister,
(ii) General managers or deputies of Health Services, Public Hospitals, Legal Services, Management Services,
(iii) Two physicians, one specializing in internal medicine and the other in surgery, holding the rank of professor or associate professor. The Deputy Minister serves as the chair of the Board of Professional Liability. The term of office for members appointed under subparagraph (c) is two years.
(iv) Board of Professional Liability convenes with an absolute majority of the total number of members and takes decisions with the absolute majority of the total number of members. Members are not permitted to abstain from voting.
(v) The Minister of Health possesses the authority to establish new committees from those specified in the third paragraph, under the chairmanship of a different Deputy Minister, depending on the nature and number of incoming tasks.
(vi) Members of the Board of Professional Liability are immune from financial or administrative liability unless their engagement in actions contrary to requirements of duty in consequence of decisions made under the second paragraph has been established by a finalized criminal court decision.
(vii) The procedures and principles governing implementation of this article shall be defined by the regulation promulgated by the Ministry of Health.
- Pursuant to the rules introduced by Provisional Clause 13;
(a) The provisions outlined in the initial paragraph of Additional Clause 18 shall not apply to individuals who have been granted a finalized investigation permit in line with the provisions of Law No. 4483, and investigations or prosecutions shall proceed.
(b) Plaintiff is granted two months to lodge an application to the Board of Professional Liability for recourse actions filed for compensation disbursed by the administration due to medical procedures and practices related to examinations, diagnosis and treatments, performed as part of the practice of health profession, by physicians and dentists and other healthcare professionals employed in public institutions and organizations and state universities with respect to ongoing trials as of the effective date of this clause, to be ruled pursuant to the second paragraph of Additional Clause 18.
(c) Case is dismissed without prejudice upon failure to apply.
(d) In such cases, the cost of litigation is awarded against the parties and the plaintiff shall not be entitled to attorney’s fees.
Ref. Law No. 7406, published in the Official Gazette dated 27 May 2022 No. 31848
