The law for medical students changes/Government proposals after the decision of the Constitution

2024-05-10 16:14:00, Aktualitet CNA

The law for medical students changes/Government proposals after the decision of

After the partial repeal that the Constitutional Court decided on the law on medical students, the Ministry of Health has proposed changes to the law, to reduce the period of stay of new graduates in Albania from 5 to 3 years.

The draft law "For an addition and some changes to the law no. 60/2023 "On the special treatment of students who follow the integrated study program of the second cycle "general medicine" in public institutions of higher education", published in public consultations, provides transitional provisions on the extent of the effects of the provisions of of this draft law which will be from the academic year 2024-2025 to the academic year 2028-2029.

The proposals for the adoption of the previous law were accompanied by protests from the students of the University of Medicine due to the obligation to employ newly graduated doctors for no less than 5 years in the Albanian health system.

The new law was approved by the Parliament of Albania on July 21, 2023 by the Parliament of Albania, after its review by parliamentary committees through the accelerated procedure.

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After his appeal to the Constitutional Court, in February 2024, the latter made the decision to partially repeal the law, as well as to reduce the period of compulsory employment of students in Albania after graduation.

In the previous law, it was determined that, after graduation, medical students were obliged to stay employed in the country for a period of 5 years. The legal changes also affect other students from the second to the fourth year, who would be obliged to sign an agreement before the start of the new academic year agreeing to work for no less than 3 years in the country.

For this category, the draft law proposes reducing the period of stay from 3 to 2 years.

The proposed bill:

Article 1 of the draft law provides that in Article 1 where the object of the law is defined, after the words "...for the treatment of students..." the words "...Albanian citizens..." should be added. This definition is intended to exclude non-Albanian citizens from the implementation of the rights and obligations according to this law, given that mainly foreign or foreign students have special definitions for their registration in public institutions of higher education in the field of medicine. .

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Article 2 of the draft law provides that the changes in Article 4 of Law no. 60/2023 providing that in article 4, point 1, letter "b", the words "5 (five) years" should be replaced by the words "3 (three) years".

In Article 4, point 1, letter "c", the words "5-year" should be replaced by the words "3-year".

In Article 4, point 2, letter "a", the words "3 (three) years" should be replaced by the words "2 (two) years". In Article 4, point 2, letter "b", the words "3-year" should be replaced by "2-year". In Article 4, point 3, letter "a", the words "2 (two) years" should be replaced by the words "1 (one) year". In Article 4, point 3, letter "b", the words "2-year" should be replaced by the words "1-year".

Article 3 of the draft law provides for the completion of the legal omission in Article 6 of Law no. 60/2023, "On the special treatment of students who follow the integrated study program of the second cycle "General Medicine" in public institutions of higher education", on the procedures and objective criteria of priority employment, financial treatment within of providing the necessary means of living, as well as the calculation of the payment of the waiting period in the duration of the obligation for employment.

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Specifically, anticipating the reformulation of Article 6 as follows: In point 1, it is determined that the student who completes the integrated study program of the second cycle "General Medicine" in public institutions of higher education and has signed an agreement according to the provisions of this law, in at the moment of the birth of the right for his employment, the following procedures are followed: a) he is employed in health institutions according to the needs for doctors announced by the ministry responsible for health and the selection of jobs is done by the licensed doctor, based on the ranking according to average grade at the end of studies; b) the time of carrying out the procedure for the employment of the doctor by the ministry responsible for health, is within 3 (three) months from the moment of birth of the right to employment.

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In point 2, it is determined that in cases where the employment is not realized within 3 (three) months for reasons beyond the doctor's control, until the creation of the opportunity for employment in public health institutions, for a period of up to 9 (nine) months, the doctor the right arises to be treated with 80% of the salary of a general practitioner in primary care, for a period no longer than this term, or to choose to be employed in non-public health institutions in the country, by notifying the ministry responsible for health, as and maintaining the right to priority employment within the period of 9 (nine) months in public health institutions. In point 3, it is determined that the periods according to points 1 and 2 of this article are included within the deadlines defined in article 4 of this law when the doctor is employed, otherwise after their end, the obligation according to the provisions of this law is considered fulfilled and the doctor has the right to be equipped with the relevant university diploma. In point 4, the minister responsible for education and the minister responsible for health are authorized to determine with a joint instruction the way and procedures of priority employment.

Article 4 of the draft law provides transitional provisions on the extent of the effects of the provisions of this draft law which will be from the academic year 2024-2025 to the academic year 2028-2029.

Article 5 of the draft law provides for its entry into force, specifying that this law enters into force 15 days after publication in the Official Gazette./ Monitor.al