ІНСТИТУТ ПОПЕРЕДНЬОГО РОЗПОРЯДЖЕННЯ ПАЦІЄНТА: ЗАРУБІЖНИЙ ДОСВІД І ПЕРСПЕКТИВИ РОЗВИТКУ В УКРАЇНІ
Keywords:
patient, patient rights, advance directive, informed consent, improving of legislation, patient autonomy, requests to avoid treatmentAbstract
The article analyzes the advance directive as a manifestation of patient autonomy (free expression of will) in the context of current Ukrainian legislation and relevant experience of foreign countries. The need to optimize the existing legal regulation is emphasized.
The institution of an advance directive plays an important role in the proper protection of patients' rights, which is confirmed by the establishment of the right to such a directive both in international acts and in the legislation of many countries. The first legislative act on advance directives is considered to be the "Patient Self-Determination Act" of 1991, adopted in the United States of America. In addition, Treatment Avoidance Requests (protocols) are quite widespread in Europe, North America and other countries, which, by their legal nature, are officially recognized rights of the patient to refuse certain types of medical intervention.
In Ukraine, the existence of advance directives derives straight from the provisions of the constitutional norms, as well as the Law of Ukraine "Basics of the Legislation of Ukraine on Health Care" and the Civil Code of Ukraine. Certain powers are also established at the level of bylaws. However, the current legislation of Ukraine contains significant gaps in this area, such as: the lack of a clear confirmation of the patient's right to an advance directive and the corresponding procedure, the inconsistency of the Law of Ukraine "Basics of the Legislation of Ukraine on Health Care" and the Civil Code of Ukraine. In this regard, ways to overcome the outlined problem are proposed.
