DESPRE LIPSA OBLIGĂRII LA INTERNARE SAU TRATAMENT A PERSOANELOR INFECTATE CU SARS-COV-2*
ON THE LACK OF COMPULSORY HOSPITALISATION OR TREATMENT FOR PERSONS INFECTED WITH SARS-COV-2 IN ROMANIA

Summary/Abstract: Recently, in a Romanian news article titled „A 70-Year-Old Man, Forcibly Hospitalized, Fled From Emergency Room. He Is Infected With COVID-19” (sic) one could read that the man had been taken from his home by police and paramedics and unwillingly admitted to a hospital for infectious diseases. As such, this paper discusses the right of persons infected with SARS-CoV-2 to be treated at home. We will take into account the provisions of the Romanian Law no. 95/2006 on healthcare reform and the orders issued by our minister of health, without overlooking the guidelines issued by the National Centre for Surveillance and Control of Communicable Diseases and the European Centre for Disease Prevention and Control. After analysing the legal provisions we can only conclude that the above mentioned operation carried out by the police had no legal basis, insofar as it concerned aspects other than patient diagnosis, and most probably was the result of a poor understanding of the legislative framework precisely by those called to apply it. Furthermore – considering that the measures regarding the prevention and management of the emergency situations generated by epidemics, as well as communicable diseases for which the declaration, the treatment or the hospitalization are obligatory, are to be established by order of the minister of health – not even the current state of emergency can justify such acts all the more so since the Ministry of Health did not take the measure of compulsory hospitalization or treatment for persons infected with the new coronavirus.

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