Professional Documents
Culture Documents
CHAPTER I
Fundamental principles of physicians practice
Article 1 - The purpose and role of the medical profession
the doctors whole professional activity is dedicated exclusively to protecting life, physical and mental health and
human being.
Article 2 - Non-discrimination
Professional performance and overall activity of the physician will exercise, respectively take place, without any
discrimination, including the one regarding health status or patients chances of healing.
Article 3 - Respecting the human dignity
in all situations, medical performance, in any form or way it is held, will be in strict compliance with human dignity
as a fundamental value of the professional body.
ARTICLE 4 - Primacy of benefit and good human interest
in all decisions having medical character, the doctor will need to ensure that the concern and good human
interest prevail over the benefit of society or science.
Article 5 - Mandatory professional standards and conduct of physicians
The doctor should make all efforts and ensure that any medical intervention that he performs or professional
decision that he takes, should respect the rules and professional obligations and rules of conduct of that specific
case.
Article 6 - Professional Independence
The doctor is obliged to dwell and to defend their professional independence, any determination or decision of
the medical professional for economic or administrative reasons being prohibited.
ARTICLE 7 - The nature of doctor-patient relationship
Doctor patient relationship will be an exclusively professional one and will be build on its respect for human
dignity, understanding and compassion for suffering.
ARTICLE 8 - Obligation of means diligence
The doctor will devote all his knowledge and skills for the patients best interest and will do all due diligence to
ensure that the decision taken is correct and the patient gets maximum benefit in relation to specific conditions,
so that his health should not suffer .
Article 9 - The principle of professional specialization
except some cases of vital emergency, the doctor is acting according to his/her specialty, competencies and
practice skills he/she has.
Article 10 - Respect towards colleagues
Throughout his/her entire activity, the doctor will respect his colleagues, refraining to denigrate or bring criticism
on their professional work.
CHAPTER II Consent
and act with loyalty to one another. Obligation regarding support and loyalty also continues towards professional
body and its organs.
CHAPTER VI medical research
Article 40 - The principle of legality and ethics of medical research
Any medical research will be conducted in strict compliance with the fundamental principles of the profession of
doctor, in full respect to human beings and species and respecting the strict conditions set by law and
professional rules.
Article 41 - Research on human beings
Research on humans is exceptional, and can be made only if, cumulatively, the following conditions are met:
a) there is no alternative to research on humans, of comparable efficacy;
b) risks that the person can expose are not disproportionate to the potential benefits of research;
c) research project was approved by the court or competent authority after having been subject to independent
review of its scientific relevance, including an objective assessment of the importance of research and a
multidisciplinary review of the acceptability on the ethical plan;
d) the person on whom research is done is informed of his rights and the guarantees provided by law for his
protection;
e) consent has been given expressly, specifically and was recorded in writing. This consent can be withdrawn
freely, at any time.
ARTICLE 42 - Research on the person without capacity to consent
No medical research can be carried out on a person without capacity to consent unless the following conditions
are met:
a) the conditions referred to in art. 41, points. a)-d);
b) research results have the potential to produce real and direct benefits to their health;
c) research cannot be performed with comparable efficacy on individuals capable of giving consent;
d) the necessary authorization provided for in art. 41, points. c) was specifically given also in writing;
e) the person has no objections.
ARTICLE 43 - Doctors diligence
The doctor is obliged to make all due diligence and to persist in order to clarify all the facts when involved in a
medical research. If necessary, to fully clarify, the doctor is obliged to seek support from the medical professional
bodies.
ARTICLE 44 - Intervention on the person
No person may be subject to experiments, tests, samples, treatments or other interventions for research
purposes except as expressly and exhaustively provided by law.
Article 45 - Removal and transplantation of organs, tissues and human cells from living donors
(1) Collection and transplantation of organs, tissues and human cells from living donors are made only in cases
provided by law, by written, free, prior and express consent, and only after that person was informed in advance
about the risks of intervention. In all cases, until removal, the donor may retract the given consent.
(2) Unless expressly provided by law, it s prohibited the removal of organs, tissues and cells of human origin from
minor persons and alive persons, but who lack judgment because of a mental disability, a severe mental disorder
or another similar reason.
Article 46 - Removal of organs, tissues and cells from deceased persons
Removal of organs, tissues and cells, having therapeutic or scientific purposes, from deceased persons are
made only as provided by law, by written consent, expressed during the life of the deceased or, failing that, by
written free, prior and express agreement, given in the following order : by the surviving spouse, parents,
offspring or, finally, relatives up to the forth degree collateral in line.
Article 47 - Limitations of medical research
The following activities in the field of medical research are contrary to the purpose and role of the medical
profession:
a) any medical intervention on genetic characteristics that are intended to change a persons lineage. Exceptions
are conditions that require treatment and prevention of genetic diseases, in which they will obtain all appropriate
approvals:
b) any intervention seeking to create a human being genetically identical to another human being alive or dead;
c) creation of human embryos for research purposes;
d) any interference which might determine the sex of the future child. Exceptions are situations where,
objectively, it is necessary to determine sex in order to avoid a serious hereditary diseases related to babys sex;
e) examination of genetic characteristics of a person for purposes other than strictly medical and legal conditions
and procedures;
f) any action that would follow and would determine the selection of persons or would affect the human species;
g) participation or involvement in an activity of identifying a person based on his genetic fingerprints other than in
a civil or criminal proceedings or for strictly medical or scientific research, both made strictly according to law;
h) participation in any acts which might give property values to a human body, its elements or products, except as
expressly provided by law.
CHAPTER VII Advertising of medical activities
Article 48 - Purpose of advertising
(1) Advertising forms to practice is intended to provide public information on their activities.
(2) Advertising must be truthful, not misleading, to observe professional secrecy and be done with dignity and
prudence.
(3) Whatever means of advertising used, all laudatory or comparative claims and all claims concerning the
identity of patients are prohibited.
(4) The means of advertising forms to practice cannot be used as advertising to acquire customers.
Article 49 - Means of advertising
(1) forms of exercising the medical profession can use one or more means of advertising, namely:
a) placing a firm;
b) advertising notices under the provisions of this code of medical ethics;
c) advertisements and endorsements in directories and phone books;
d) invitations, brochures and notices of conferences, colloquia, etc., and specialized training;
e) professional correspondence and business cards;
f) Internet address.
(3) Web page cannot contain any character insertion having advertising character or mention of a product or
service, different from the activities that the doctor has the right to provide or that form of practicing the
profession.
(4) web page cannot contain links to other addresses whose contents would be contrary to the essential
principles of the medical profession.
(5) To achieve the requirements specified in par. (4), doctor or the form to practice the profession who owns the
website must provide regular visits and evaluation of their pages and of the pages that are allowed access by the
connections made through their address and should have them immediately disposed where content and form
are contrary to essential principles of medical profession.
CHAPTER VIII Conducting the proceedings
ARTICLE 54 Swiftness
(1) Research and analysis of any complaints regarding a potential violation of the provisions of this code of ethics
are promptly made by persons appointed to research the deed or by those who were required data related to the
settlement of the complaint being required to act on the best effort, not delaying or extending the
accomplishments of the attributions, including disclosure of the required data.
(2) in the application of data and information necessary to settle the disciplinary proceedings, it will be indicate
the date by which data communication or information requested is to be made.
Article 55 - Presumption of innocence
(1) Research and analysis of any complaint will be made with account of and respecting the doctors presumption
of innocence.
(2) The persons appointed to research the complaint or members of the discipline committee will act with tact and
moderation, not to prejudge or to issue any personal views and in no sense a solution during the solving of the
referral.
Article 56 - Impartiality
(1) The person designated to research the complaint or members of the discipline committee which has / have
any personal interest in any way, or has / have family ties with the doctor under investigation or the person
making the complaint , will inform the President of the committee, who will decide, as appropriate, to maintain or
replace the person.
(2) The provisions of paragraph (1) apply also if conflict situations exist.
(3) No person involved in disciplinary investigation or settlement will not make public statements on that case
until its final resolution.
ARTICLE 57 - Written Contradictoriality
(1) The committee of discipline will persist in getting a written position of each party involved in the disciplinary
case.
(2) Oral contradictoriality will run only if it is strictly necessary to solve a case, not being able to hear the case
otherwise. In this case, the presiding judge will act with tact and understanding, being prohibited from directly
addressing the parties involved or issuing of judgments or opinions about the case by the members of the
committee.
Article 58 - Expertise
(1) according to the cause subject to research, the discipline committee may require specialized expertise from