KINGDOM OF CAMBODIA
We,
Preah Bat Samdech Norodom
Sihanouk,
King of the Kingdom of Cambodia,
-
Having seen the
Constitution of the Kingdom of Cambodia;
-
Having seen Royal Kram
No. NS/RKM/0399/01 dated June 08, 1999, promulgating the Constitutional law
regarding the amendments to Articles 11, 12, 13, 18, 22, 24, 26, 28, 30, 34,
51, 90, 91, 93 and Articles in Chapter 8 through Chapter 14 of the Constitution
of the Kingdom of Cambodia;
-
Having seen Royal Kret
No. NS/RKT/1198/72 of November 30, 1998 regarding the appointment of the Royal
Government of Cambodia;
-
Having seen Royal Kram
No. 02/NS/94 of January 20, 1994, promulgating the Law on the Organization and
Functioning of the Council of Ministers;
-
Having seen Royal Kram
No. NS/RKM/1096/06 of January 24, 1996, promulgating the Law on the
Establishment of the Ministry of Health;
-
Pursuant to the proposal
of Samdech Prime Minister and Senior Minister of Health.
The Law on the Management of Private Medical, Paramedical, Medical Aide Practice which was adopted by the National Assembly on the 2nd of August 2000 at its 4th plenary session of the 2nd legislature and was entirely adopted by the Senate as to its form and legal concepts on the 28th of August 2000 at its 3rd plenary session of the 1st legislature; except paragraph 4 of Article 3 of Chapter 1; although the National Assembly has by an open vote rejected the Senate’s proposal at its 5th plenary session of the 2nd legislature on the 16th of October 2000; with the following provisions:
LAW on
Management of Private Medical,
Paramedical, and Medical Aide Practice
General Provisions
Article 1:
The purpose of this Law is to define procedures and conditions of functioning for management of private medical, paramedical, medical aide practice in the Kingdom of Cambodia.
Article 2:
-
A physician, pharmacist,
dentist and midwife shall be considered medical and paramedical practitioners;
and
-
A male nurse, female
nurse, laboratory specialist, physical therapist, dental specialist, and
similar practitioners shall be considered medical aide practitioners.
Anukret shall determine
professions similar to those stated in the above paragraph.
Article 3:
Any person who has the
following qualifications shall be entitled to practice as medic, paramedic, and
medical aide:
- Cambodian national;
- Hold a degree recognized by the Ministry of Health;
- Register with physician association, pharmacist association, dentist association, midwife association, or nurse association;
- Have never been convicted of any crime; and
- Good health to practice such service.
Article 4:
A foreign medic, medical
assistant, medical aide with high skill may be authorized to practice his or
her profession in the Kingdom of Cambodia. Anukret shall define the procedure
and condition for authorization.
CHAPTER 2
Creation,
Change and Termination of Medical,
Paramedical
and Medical Aide Services
Article 5:
The creation or change in
form of a private consultation and treatment office, oral/dental consultation
and treatment office, pregnancy consultation office, aesthetic operation
office, medical laboratory, maternity, polyclinic, other private medical,
paramedical and medical aide service shall be decided by Prakas of the Ministry
of Health. After obtaining an authorization from the Ministry of Health, a
medical practitioner shall respect the procedures in force.
The Ministry of Health
shall authorize the termination of medical operation.
Article 6:
The eligible practitioners
provided in Article 3 of this Law have the right to form:
-
A private consultation
and treatment office - only a medical doctor or medic;
-
A private dental or oral
consultation and treatment office - only a dental doctor, dentist or a
physician of oral specialty;
-
A private movement
treatment office - only a physical therapist (massager);
-
A private healthcare
office - only a medium male nurse or female nurse;
-
A private aesthetic
operation office - only a doctor having aesthetic specialty;
-
A private laboratory
office - only a medical doctor, pharmaceutical doctor, or superior pharmacist
who have laboratory specialty; and
-
A private maternity or
polyclinic - only a person who is medical doctor.
A medium midwife is entitled to operate only a private
pregnancy consultation office.
Article 7:
A responsible person shall
be present at his or her private maternity and polyclinic having a treatment
office for patient and private medical laboratory.
A replacement shall be
assigned in the absence of a responsible person (manager). Prakas of the
Ministry of Health shall determine qualifications of the responsible person and
assignee.
Article 8:
A medic, paramedic, or
medical aide shall have the right to apply for a creation of only one private
medical, paramedical, or medical aide service regardless of his or her degree
of multiple skills.
Article 9:
The procedure and
condition for creation change in form, termination of and technical
characteristics of a private medical, paramedical and Prakas of the Ministry of
Health shall determine medical aide service.
CHAPTER 3
Supervision
and Monitoring Authority
Article 10:
The authority to instruct,
supervise and monitor all medical, paramedical and medical aide professional
activities shall be borne by the Ministry of Health with a support of the
professional committee under the code of ethics of each profession.
The organization and
functioning of each professional committee shall be determined by a Reach Kret
(royal decree).
Anukret shall determine
the provisions of the code of professional ethics.
Article 11:
A commercial advertisement
or promotion shall be strictly prohibited except if it is a professional
advertisement that is not contrary to the code of ethics and determined by
Prakas of the Ministry of Health.
Article 12:
The management of private
medical, paramedical and medical aide professional practice shall be subject to
taxation and levies determined by the law in force unless there is an exception
provided in the law.
CHAPTER 4
Penalties
Article 13:
Any person who violates
Articles 5, 4, 7, 8, 11 or 12 of this Law shall be fined from 1,000,000 (one
million) Riels to 5,000,000 (five million) Riels plus suspension of medical,
paramedical and medical aide professional operations from 1 to 3 months or
either one of both penalties regardless of any other offenses.
Any case of recidivism
shall be subject to double fine penalty and permanent suspension or
termination.
Article 14:
Any person who hindered
any competent agent from performing his or her inspection under Article 10
above shall be fined from 5,000,000 (five million) Riels to 10,000,000 (ten
million) Riels.
Article 15:
Any civil servant or
person who conspired or abused of his or her roles shall be subject to penalty
as stipulated in Articles 13 or 14 of this Law.
CHAPTER 5
Transitional Provisions
Article 16:
Within no later than 6
(six) months after the entry into force of this Law, a private medical,
paramedical and medical aide practitioner whose service was officially
authorized by the Ministry of Health shall properly comply with additional
formalities under provisions of this Law.
CHAPTER 6
Final
Provision
Article 17:
Any provisions that are
contrary to this Law shall be deemed abrogated.
Having submitted to the King for signature
Prime Minister: Hun Sen
Senior Minister and Minister of Health: Hong Sun Huot
Secretary General of the
Royal Government: Nady Tan