Helsetilsynet

Date: Act 1984-03-30-15. (30 March 1984 No. 15)
Ministry: Ministry of Health and Care Services
Latest amendments: Act-2015-12-18-121 from 01.01.2016
Entry into force: 01.04.1984
English short name: Health Supervision Act

Norwegian name:  lov om statlig tilsyn med helse- og omsorgstjenesten m.m. (helsetilsynsloven)
Norwegian short name: helsetilsynsloven

The name of the Act amended by Act of 24 June 2011 No. 30 (entered into force 1 Jan. 2012 pursuant to Decree of 16 Dec. 2011 No. 1252). 

Section 1  Supervision authorities

The Norwegian Board of Health Supervision has overall supervision of health and care services in the country and shall exercise authority in accordance with that which is laid down in acts and regulations.

The Norwegian Board of Health Supervision is led by a director general. The director general is appointed by the King for a fixed term.

Each county shall have a county medical officer.

The Office of the County Governor is ascribed authority to carry out supervision of health and care services and is thus directly subject to the Norwegian Board of Health Supervision.

The King may decide that a county governor shall have more than one county in his or her district of office. The Norwegian Board of Health Supervision may allocate tasks to an individual county governor that encompass a larger geographical area than his or her own county.

Amended by Act of 16 June 1989 No. 86, 30 July 1992 No. 101, 21 Dec. 2000 No. 127, 13 Dec. 2002 No. 78 (entered into force 1 Jan. 2003 pursuant to Decree of 13 Dec. 2002 No. 1600), 29 Aug. 2003 No. 87 (entered into force 1 Sept. 2003 pursuant to Decree of 29 Aug. 2003 No. 1092), 24 June 2011 No. 30 (entered into force 1 Jan. 2012 pursuant to Decree of 16 Dec. 2011 No. 1252), 19 June 2015 No. 60 (entered into force 1 July 2015 puruant to Decree of 19 June 2015 No. 674).

Section 2  The tasks of the Offices of the County Governor and the Norwegian Board of Health Supervision

The Offices of the County Governor shall carry out supervision of health and care services in the county and with all health care personnel and other personnel in the county who provide health and care services.

In association with supervision, the Offices of the County Governor shall provide advice, guidance and information that contribute to ensuring that the needs of the population for health and care services are met.

The Offices of the County Governor shall keep the Norwegian Board of Health Supervision informed about health and care services in the county and about conditions that influence these.

The Offices of the County Governor shall inform the Norwegian Board of Health Supervision about conditions that require a warning or revocation, voluntary renouncement, or suspension of authorization, licence, certificate of completion of specialist training or the right to prescribe addictive medication or limitation of authorization pursuant to the Health Personnel Act Chapter 11.

The Norwegian Board of Health Supervision issues administrative reactions pursuant to the provisions in the Health Personnel Act Chapter 11. The Offices of the County Governor and the Norwegian Board of Health Supervision cannot use reports of adverse events to the Norwegian Directorate of Health pursuant to the Specialized Health Services Act Section 3-3 first paragraph as the basis for initiating a case or making a decision about an administrative reaction pursuant to the Health Personnel Act Chapter 11. The same applies to applying for prosecution pursuant to the Health Personnel Act Section 67 second paragraph.

When the Norwegian Board of Health Supervision receives reports of adverse events pursuant to the Specialized Health Services Act Section 3-3 a, the Norwegian Board of Health Supervision shall as soon as possible carry out local supervision if this is necessary in order to obtain adequate information about the supervision case.

The Offices of the County Governor and the Norwegian Board of Health Supervision shall register warnings and revocation, voluntary renouncement, or suspension of authorization, licence, certificate of completion of specialist training or the right to prescribe addictive medication or limitation of authorization pursuant to the Health Personnel Act Chapter 11.

The Offices of the County Governor and the Norwegian Board of Health Supervision shall inform the employer of personnel of warnings, revocation, voluntary renouncement, or suspension of authorization, licence, certificate of completion of specialist training or the right to prescribe addictive medication and limitation of authorization pursuant to the Health Personnel Act Chapter 11.

Amended by Act of 30 July 1992 No. 101, 2 July 1999 No. 64 (entered into force 1 Jan. 2001 pursuant to Decree of 1 Dec. 2000 No. 1199), 21 Dec. 2000 No. 127 (entered into force 1 Jan. 2001 pursuant to Decree of 21 Dec. 2000 No. 1359), 13 Dec. 2002 No. 78 (entered into force 1 Jan. 2003 pursuant to Decree of 13 Dec. 2002 No. 1600), 29 Aug. 2003 No. 87 (entered into force 1 Sept. 2003 pursuant to Decree of 29 Aug. 2003 No. 1092), 24 June 2011 No. 30 (entered into force 1 Jan. 2012 pursuant to Decree of 16 Dec. 2011 No. 1252), 22 June 2012 No. 46, 18 Dec. 2015 No. 121 (entered into force 1 Jan. 2016).

Section 3  The duty to establish an internal control system and supervision that internal control is carried out

Every organization that provides health and care services shall establish an internal control system for the activity and ensure that the activity and the services are planned, provided and maintained in accordance with requirements laid down in or pursuant to laws and regulations.

The Offices of the County Governor shall ensure that every organization that provides health and care services has established an internal control system and carries out control with its own activity in such a way that deficiencies in the services can be prevented.

Amended by Acts of 30 July 1992 No. 101, 13 Dec. 2002 No. 78 (entered into force 1 Jan. 2003 pursuant to Decree of 13 Dec. 2002 No. 1600), 29 Aug. 2003 No. 87 (entered into force 1 Sept. 2003 pursuant to Decree of 29 Aug. 2003 No. 1092), 24 June 2011 No. 30 (entered into force 1 Jan. 2012 pursuant to Decree of 16 Dec. 2011 No. 1252).

Section 4  (Repealed by Act of 29 August 2003 No. 87 (entered into force 1 Sept. 2003 pursuant to Decree of 29. Aug. 2003 No. 1092).)

 

Section 5  Authority to issue instructions

If an activity in the health and care services is run in a way that may have adverse effects for patients or other people or in any other way is unfavourable or unacceptable, the Norwegian Board of Health Supervision may issue instructions to rectify the conditions.

Amended by Acts of 30 July 1992 No. 101, 13 Dec. 2002 No. 78 (entered into force 1 Jan. 2003 pursuant to Decree of 13 Dec. 2002 No. 1600), 24 June 2011 No. 30 (entered into force 1 Jan. 2012 pursuant to Decree of 16 Dec. 2011 No. 1252).

Section 6  (Repealed by Act of 16 June 1989 No. 86)

 

Section 7  Specific regulations

The Ministry may issue further provisions for implementation and supplementation of this Act.

The King can give regulations that the Act and regulations pursuant to the Act in whole or in part shall apply to Svalbard and Jan Mayen and can determine special regulations with regard to local conditions.

Amended by Act of 20 June 2014 No. 39 (entered into force 1 Jan. 2014 pursuant to Decree of 20 June 2014 No. 788). 

Section 8  Entry into force

The present Act enters into force 1 April 1984.

II.

From the time the Act takes to enter into force the following amendments shall be made to other Acts: ---