By | October 23, 2020

Violation of legal provisions and sanctions imposed

Violation of legal provisions and sanctions imposed administrative contravention is a culpable violation of legal or sub-legal provisions, committed by act or omission and for which the law provides an administrative penalty.
Procedures for imposing fines and appeals are regulated by law no. 7697, dated 7.4.1993 “On administrative contraventions.”
The body reviewing the administrative offense must take into account:
a) the circumstances of the crime;
b) if the offender is previously administratively convicted;
c) the importance of the minor offense;
d) the consequences that have come from the action or inaction.

Data to be contained in the decision on administrative offense
The decision on administrative offense provides:
a) the body that issued the act;
b) the identity of the offender;
c) a summary explanation of the facts and evidence on which the decision is based;
d) the violation committed, referring to the legal provision on which the decision is based;
e) administrative measures, including fines, liability for damages or other;

Providing health care in violation of legal provisions constitutes an administrative contravention and is punished by the State Inspectorate of Health as follows:

a) Non-fulfillment of obligations
-Health service providers must, when providing health care services, act by professional and ethical standards.
-Quality and safety of health care by the means is a professional and moral obligation of health care.
This sanction aims to evaluate and improve the delivery of patient care related to general standards and the quality of health care services.
For non-fulfillment of these points, the sanction is:
With a fine from 50,000 to 100,000 ALL and, in repeated cases, with revocation of license.
b) Refusal by the state supervision process’s service provider, exercised by the responsible institutions such as State Health Inspectorate, Ministry of Health, is punished with a fine from 20,000 to 50,000 ALL.
c) Lack of accreditation and licensing of non-public hospitals that provide health care in the Republic of Albania is punished with a fine of 500,000. In case of repetition, with five times the fine and rebuke to the competent bodies.
e) Failure to register health professionals
All professionals working in the field of health must register with the Ministry of Health.
In case the registration is missing, the sanction for the violation of this legal provision is: with a fine from 5 000 to 10 000 ALL.
d) Non-public hospitals are obliged to provide medical assistance to Albanian and foreign citizens, insured or not, who need urgent hospital service for any illness or accident. If this principle is not applied, it is a violation of administrative and is punished with a fine in two monthly salaries.
e) Non-public hospitals compensate the injured patient, according to the Civil Code, when the injury came from non-compliance with the rules during the exercise of duty by the medical staff or Failure to provide urgent medical assistance promptly. Article 608 of the Civil Code stipulates that: “A person who, illegally and culpably, causes harm to another in his person, is obliged to compensate the damage caused.”
Non-public hospitals may be closed in the following cases:
A) Failure to meet the necessary conditions for the exercise of hospital activity according to the criteria set out in the license
B) Violation of laws and bylaws in force
C) Non-implementation, within the conditions and deadlines, of the tasks left by the Ministry of Health to correct violations
D) Failure to exercise the activity for one year from the date of license approval

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