THE PRACTICE OF ADOPTING ETHICAL CODES IN THE SPHERE OF HEALTHCARE IN UKRAINE AND OTHER COUNTRIES
Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue
Abstract
The international experience of the practice of creating ethical codes in the sphere of health protection is considered. Their structure and basic provisions are revealed, namely: the first international code of medical ethics, adopted by the 3rd General Assembly of the VMA in 1949, the Code of Professional Ethics of the Doctor of the Medical Order of France, the principles of the Code of Medical Ethics of the American Medical Association, the Code of Professional Ethics of the Orthodox the doctor of the Russian Federation, the Ethics Code of the doctor of the Republic of Tatarstan, the Ethics Code of the medical expert and the pharmacist of Moldova. It is concluded that the ethical code on the one hand is general, on the other - it specifies the duties of the doctor in relation to the patient, determines the relationship between doctors, the place of the doctor in society, the basis of his professional activities. A comparative analysis of such ethical codes indicates the ambiguity of approaches to formulating their provisions, broad or narrow understanding of the ethical foundations of providing medical care to the patient. It is pointed out the necessity of using such experience in other countries of the world. The study of the content of the ethical codes of a physician and nurse in Ukraine is conducted. In particular, it was established that the norms of the Ethical Code of the Ukrainian doctor do not cancel and do not replace the provisions of the current legislation, but only supplement and specify it. It is emphasized that the Ukrainian Code of Ethics operates throughout Ukraine, is valid for all doctors who are members of professional medical associations and work in medical institutions, regardless of the source of funding and ownership. The main sections of the Code are presented: principles of medical ethics and deontology; doctor’s commitment to the patient; the relationship and interaction of medical workers and representatives of other professions; performance of professional duties. Among the obligations of the doctor concerning the patient is allocated: confidentiality of information about the patient’s condition; non-interference in his private life; obtaining voluntary consent of the patient for medical procedures; determination of cases of refusal of the doctor to provide medical care. The conclusion is made on the necessity of widespread introduction into the practice of medical care of ethical codes of medical workers, determined by solving them important issues that are not raised and not resolved by legislative acts in the medical sector, namely: ethical relations between the doctor and the patient, between the doctors in case of assistance one patient, professional duties of the doctor in relation to the patient and in relation to fulfillment of his powers, prevention of corruption manifestations in the medical profession. A comparative analysis of the ethical codes of health workers from other countries, in particular the French Republic and Ukraine, indicates the need for more serious and thorough preparation of such Ukrainian documents, the adoption of positive experience of foreign countries, greater clarification of the professional ethics of the doctor, especially in relations with patients. We support the proposals of scientists on the need for approval of ethical codes of medical workers by subordinate acts.
Authors and Affiliations
О. О. Терзі
Keywords
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