Adela Danaj
1-The Test, The Minister and Health
The Ministry of Health opened once again the debate regaring the testing of nurses and doctors. Since this testing is outside any legal provision, the Nurses Order filed a charge in the Administrative Court of Appeals. The latter, although it shouldn’t have overpassed Law No. 10171, approved on December 22, 2009 insisted that nurses should take the test proposed by the Ministry of Health.
In fact, testing doctors and nurses in Albania has become part of a saga with many series, the end of which will be no less than law infringement and ignoring high health institutions and mining the medical’s profession. APPA raised this concern several months ago in the hope that the situation would find a quick solution.
Minister Beqaj confirmed that this test will not jeopardize the position of any doctor or nurse, it will be organized in the framework of increasing the quality of the services offered towards patients. The Minister seems to forget that white shirts have earned their position through their studies and continuous tests before entering their profession. However not to make the issue of law infringement evasive and to identify once more how the law will be broken openly for the 5600 nurses that will be tested, APPA reminds that: In accordance with article 10 of the law no. 10171, approved on December 22. 2009 the regulation on ‘’Organization of State Exams for Regulated Professions in Albania’’ was designed.
Nurses and doctors are part of the regulated professions, therefore their testing is legally foreseen and regulated. Article 2 point 4/a of the regulation foresees that: ‘’Regulated professions are excluded from the obligation to take the state exam, since law no. 10171 entered into force. This means that all nurses and doctors graduated since 2009 and before are not subject to any state exam that might question their profession, excluding cases when there is a charge or concrete doubt against them. However, this is not the only infringement of the law. For the same issue, the obligation to take the test means infringement of Law no. 9718, approved on April 19, 2007. This law foresees all responsibilities and duties of the Order of the Nurse Institution. Article 6 of the law states that:
- The Order of the Nurse mission is safeguarding the approved standards of the Ministry of Health, in practicing the profession of nurse, lab technician, physiotherapist, midwife, imagery technician and logopedist through oversight of ethical norms and Deontological Code of the above mentioned professions as well as protecting the public from bad exercise of the profession.
- In accordance with this mission the Order of the Nurse
- Registers nurses, midwifes, physiotherapists, lab technicians, imagery technicians and logopedists in the register of this order;
- Oversees the implementation of professional duties in accordance with the requests of the medical sciences, ethical rules and the Deontological Code;
- Ensures the ethical-moral behaviour of the community of nurses, midwifes, lab technicians, imagery techynicians and logopedists, the independence of exercising the profession and protects the moral interests of this profession;
- Protects the interests of patients and the public from bad exercise of medicine and breaking the Deontologic Medical Code from nurses, midwifes, lab technicians, imagery technicians and logopedists;
- Cooperates in developing professional standards in planning and designing programs of professional development and conducting different specializations and continuing education for midwifes, lab technicians, imagery technicians and logopedists;
- Confirms the membership in the Order of Nurses, through a membership certificate;
- Guarantees that members of the Order comply with the duties of the program of re-certification, decided by the respective institution.
This article has foreseen every request and pretense that the Ministry of Health is making, therefore there is no need to create a new investigative group that will conduct the work performed today by respective institutions, the authority of which is recognized by law. APPA urges again the Ministry of Health to abide by the law and support doctors and nurses, who have entered a circle that seemingly has no end.
References:
Top Chanel TV: 5600 infermierë në testim. Pas vendimit të Gjykatës së Apelit fillon zbatimi i konkursit: http://top-channel.tv/lajme/artikull.php?id=304501
Urdhri i Infermierit. LIGJ Nr.9718, datë 19.4.2007. PëR Urdhrin e Infermierit Në RepublikëN e ShqipëRisë http://www.urdhriinfermierit.org/images/stories/uish/legjislacioni/Ligji-Urdhrin-Infermierit190115.pdf
Urdhri i Infermierit. Rregullorja e Provimit të Shtetit:
