In an approach on behalf of the President of the National Commission or Exceptional Situations and the Prime Minister, Ion Chicu, the People’s Advocate informs about the intention of an imposing number of doctors to submit requests for resignation because of the lack of protective equipment, which would provide safety to medical personnel when providing medical care. The signals were sent to the Ombudsman this week by representatives of several public medical-sanitary institutions in the country. Mihail Cotorobai emphasizes that the information came not only from the public medical-sanitary institutions that provide the treatment and diagnosis of the infected or suspected citizens of COVID-19, but also from the medical personnel from other public medical-sanitary institutions (including districtual), who consider that it is not sufficiently protected for any medical interventions involving this category of patients.

The People’s Advocate recalls that the Law on Performing the Medical Profession No. 264 of 27.10.2005, in Art. 18 ensures the right of the doctor to refuse to perform certain medical interventions, in the absence of the necessary technical-medical possibilities. This right is also stipulated in point 69 of Section 7 of the Government Decision no. 192 from 24.03.2017 on approving the Code of the Medical Employee’s and Pharmacist’s Deontology [1].

Mihail Cotorobai considers that there is a danger that during the emergency period, because of the lack of technical-material equipment necessary for the protection of the medical personnel, several doctors will resign and the employer will be in a position to respect this right [2], guaranteed by the legislation of the Republic of Moldova. Or, under the epidemiological conditions in the country the mass dismissals of the medical personnel could lead to a collapse of the health system and to serious problems related to ensuring public safety and health in the country.

Based on the above, the People’s Advocate asked the President of the National Commission for Exceptional Situations and the Prime Minister to urgently identify additional funds, in order to ensure the adequate conditions for the protection of medical workers from COVID-19 contamination, both at the level of hospital medical institutions, as well as at primary health care level.

The People’s Advocate emphasizes that namely the major risk of illness and the lack of adequate working conditions, motivates the refusal of many workers to work, which will inevitably affect the access and quality of the medical services provided to patients. The recommended measures are urgently needed both to ensure the respect of the patient’s right to quality medical services and to ensure the safety of the employees of the health system who are at major risk of illness because of non-compliant working conditions.

                                                                                                                                       2020.03.24

        Department for Human Rights Promotion and Communication

  Tel. 060002656

                                                              Department of applications management and investigation

           Tel.: 060002648

[1] 69. The medical worker may refuse to perform a medical act for good professional reasons, which can be argued by the lack of sufficient knowledge and the specific qualification in the field or in case of limited technical-material possibilities to perform the requested assistance, except in the cases of vital urgency.

[2] Article 85 of the Labour Code of the Republic of Moldova