(2023-8-22-ны өдрийн орчуулга)                                                           Unofficial translation

LAW OF MONGOLIA

April 22, 2016              Ulaanbaatar city

ON MEDICAL CARE AND SERVICE

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations in connection with activities on the organization, management, financing, and supervision of medical care and services to be provided to the population.

Article 2.Legislation on medical care and service

2.1.The legislation on medical care and service shall consist of the Constitution of Mongolia, the Law on Health, the Law on Medicines and Medical Devices, the Law on Health Insurance, this Law, and other legislative acts issued in conformity with them.

2.2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Definitions of terms of the Law

3.1.The following terms used in this Law shall have the following meanings:

3.1.1."medical care and services" means complex activities of diagnosis, treatment, nursing, palliative care, and rehabilitation of diseases, injuries, and loss of human body functions based on modern and traditional medical science;

3.1.2."hospital" means a legal entity with the function of providing specialized medical care and services;

3.1.3."family doctor" means a physician specializing in family medicine working in a family, soum, or village health center;

3.1.4."health insurance" means as provided in sub-paragraph 3.1.1 of the Law on Health Insurance;

3.1.5."medical referral care and services" means specialized medical care and services to be provided by the organization specified in paragraph 8.1 of this Law to clients sent by a health institution or medical specialist;

3.1.6."supervision" means comprehensive measures to monitor, check, evaluate, and provide advice and assistance by the competent authority on whether the health institutions and medical specialists complying or not with the relevant legislation, mandatory standards, rules, procedures, and instructions;

3.1.7."payment method calculated per citizen" means that the financing of family health care and service expenses is calculated by the citizen registered with the family doctor;

3.1.8."case-based payment method" means financing of the costs by pre-packaged calculation for each case of health care and services.

/This sub-paragraph was modified by the law as of August 28, 2020 and it shall enter into force on January 1, 2021/

CHAPTER TWO

ORGANIZATION OF MEDICAL CARE AND SERVICES

Article 4.Type of medical care and services

4.1.Medical care and services shall have the following types:

4.1.1.family health care and services to be provided independently as for the primary care and services or in a team by a medical specialist specializing in family medical science;

4.1.2.specialized medical care and services provided independently or in a team by a medical specialist other than family medical science;

4.1.3.obstetric care and services provided by medical professionals to mothers, fetuses, and infants during pregnancy, childbirth, and postpartum;

4.1.4.urgent medical care for diagnosis, treatment, resuscitation, and prevention of life-threatening diseases;

4.1.5.ambulance services to be provided on-site and during transportation medical care, and delivery to the hospital in case of sudden acute illness, accident, injury, poisoning, pregnancy, childbirth, or threat of death;

4.1.6.specialized nursing care and services aimed at promoting, palliating, and improving health by caring for clients with illnesses;

4.1.7.rehabilitation care and services aimed at eliminating the consequences caused by the loss of human body structure and function caused by diseases and other factors.

Article 5.Organization of family health care and services

5.1.Family health care and services shall include primary medical care and services based on modern and traditional medical science including the activities to evaluate and monitor the client's health status, support health, prevent disease, early detection, diagnosis, treatment, nursing, palliation, and rehabilitation.

5.2.Family health center with a special permit specified in sub-paragraph 14.2.1 of this Law shall provide family health care and services in the aimags' center and the Capital city, soums and villages' health center shall provide in soums and villages.

5.3.The location and scope of service of the family, soum, and village health center shall be determined by the Governor of the aimag or the Capital city upon discussing and resolving by the Citizens' Representatives Khural of that level based on the proposal of the Health Department of the respective aimag or the Capital city within the framework of health care and service policy and planning.

/This paragraph was amended by the law as of April 22, 2022/

5.4.Procedures for selection of family health centers, conclusion of contracts, evaluation of implementation, monitoring, extension and termination of contracts, and contract models and performance criteria shall be approved by the Cabinet member in charge of health affairs.

5.5.The procedures and other activities specified in paragraph 5.4 of this Law shall be implemented by the Health Department of the aimag and the Capital city.

Article 6.Functions of family, soum and village health centers

6.1.In addition to the main functions specified in paragraphs 16.2 and 16.7 of the Law on Health, the family, soum, and village health center shall perform the following functions:

6.1.1.to provide care and services in the list specified in paragraph 6.2 of this Law;

6.1.2.to send a person who needs specialized medical care and services, obstetric care and services, nursing and rehabilitation care and services to relevant health care institutions, establish feedback, and ensure the continuity of care and services;

6.1.3.to organize and implement programs and measures to promote and protect public health among the population of their territory;

6.1.4.to conduct rehabilitation, home care and services, day treatment, diagnosis, and analysis listed in paragraph 6.2 of this Law;

6.1.5.soum, village health center to provide ambulance services.

6.2.The list and procedures of the care and services to be provided at the family, soum, and village health centers shall be approved by the Cabinet member in charge of health affairs.

Article 7.Select and register a doctor at a family, soum, or village health center, and receive referrals and hierarchical care and services

7.1.Citizens of Mongolia shall select and access services from a doctor at a family, soum, or village health center with a special permit operating in the administrative or territorial unit where they reside.

7.2.Local citizens may select a doctor from a health center in the nearby soum or village.

7.3.Relations in connection with the selection and registration of a doctor at family, soum, or village health center shall be regulated by the procedure approved by the Cabinet member in charge of health affairs.

7.4.Citizens shall seek a doctor at the family, soum or village health center in matters related to their health or that of their family members, and refer to other related health institutions in accordance with instruction and directives of the doctor.

7.5.In the following cases,  citizens can directly apply to a hospital and palliative care center for medical referrals, tertiary care and services:

7.5.1.suffered an accident or injury, threat to death, or was in an urgent situation to seek emergency medical care;

7.5.2.receive emergency obstetric care and services during childbirth;

7.5.3.receive care and services due to diseases of the teeth, jaw, and mouth.

7.6.Relations in connection with the sending of  citizens to a hospital for medical inquiries, tertiary care, and services from the family, soum, or village health center shall be regulated by the procedure approved by the Cabinet member in charge of health affairs.

Article 8.Organization of specialized medical care and services

8.1.Specialized medical care and services shall be provided by specialized hospitals, general hospitals, special hospitals, maternity hospitals, and clinics of all types of ownership with a special permit specified in sub-paragraph 14.2.2 of this Law.

8.2.Specialized medical care and services shall be belonged to the care and services specified in sub-paragraph 3.1.5 of this Law.

8.3.The list and procedures of organizations providing specialized medical care and services shall be approved by the Cabinet member in charge of health affairs.

8.4.The clinic shall engage in services on providing specialized medical and obstetric care and services, and emergency care, and conducting training, research, and supporting the  basic operations.

8.5.The specialized hospitals, general hospitals, special hospitals, and maternity hospitals shall conduct services on providing specialized medical and obstetric care and services, ambulance services, and emergency medical care, engaging in pharmacy operations, production, use and storage of blood and blood products, preparation, use and storage of tissues and organs for donation, conducting the training, research, academic work, and supporting the basic operations of the hospital.

Article 9.Organization of obstetric care and services

9.1.Obstetric care and services shall be provided by licensed family, soum, village health centers, clinics, maternity hospitals, general hospitals, and specialized hospitals.

9.2.Obstetric referral care and services shall be provided by maternity hospitals, general hospitals, and specialized hospitals.

9.3.Organizations other than family health centers and clinics providing obstetric care and services shall have maternity rest rooms.

9.4.Instructions to be adhered to in obstetric care and services, procedure for abortion and termination of pregnancy shall be approved by the Cabinet member in charge of health affairs.

Article 10.Organization of medical emergencies

10.1.Emergency medical care shall be provided by the licensed family, soums, village health centers, clinics, maternity hospitals, general hospitals, special hospitals, specialized hospitals, and organizations other than family health centers shall have emergency care units.

10.2.Emergency medical and child-delivery care shall be provided by the nearest health care facility to the citizen.

10.3.Instructions, procedures, and forms related to the prioritization of clients for emergency medical care and the organization of emergency care shall be approved by the Cabinet member in charge of health affairs.

Article 11.Organization of ambulance services

11.1.Ambulance services shall be provided by the licensed ambulance centers, soums, village health centers, general hospitals of all types of ownership, specialized hospitals, and special hospitals.

11.2.Ambulance services shall be provided by a team consisting of a medical specialist specializing in emergency care and other health workers trained in that field.

11.3.The organization and scope of the ambulance service shall be regulated by the procedure approved by the Cabinet member in charge of health affairs.

Article 12.Organization of specialized nursing care and services

12.1.Specialized nursing care and services shall be provided in the following form:

12.1.1.comprehensively with other medical care and services;

12.1.2.solely.

12.2.Specialized nursing care and services shall be provided by legal entities of all types of ownership with a special permit.

12.3.Organizations providing specialized nursing care and services shall be under the following types:

 12.3.1.nursing center;

 12.3.2.palliative care center.

12.4.Organizations providing specialized nursing care and services shall provide care and services to clients sent from family, soums, village health centers and hospitals.

12.5.Procedures for establishment of nursing and palliative care centers, lists of care and services to be provided, list of diseases of the clients to be sent to nursing centers, and palliative care centers shall be approved by the Cabinet member in charge of health affairs.

12.6.Selection procedure, contract model and performance criteria for specialized nursing care and service providers shall be governed by the Law on Health Insurance.

Article 13.Organization of rehabilitation care and services

13.1.Rehabilitation care and services shall be provided in the following form:

13.1.1.comprehensively with other medical care and services;

13.1.2.solely.

13.2.Specialized rehabilitation care and services shall be provided by legal entities of all types of ownership with a special permit.

13.3.Organizations providing specialized rehabilitation care and services shall be under the following types:

13.3.1.rehabilitation center;

13.3.2.sanatorium.

13.4.Rehabilitation care and services shall be provided by rehabilitation doctors, movement therapists, occupational therapists, speech therapists, psychotherapists and other medical specialists specializing in rehabilitation.

13.5.Establishment of rehabilitation centers and sanatoriums, list of cares and services to be provided, procedures and list of diseases of clients to be sent to sanatoriums and rehabilitation centers shall be approved by the Cabinet member in charge of health affairs.

13.6.The selection procedure, contract model and performance criteria for specialized rehabilitation care and service providers shall be governed by the Law on Health Insurance.

Article 14.Special permit for medical care and services

14.1.Organizations providing medical care and services shall have a special permit issued by the competent authority.

14.2.The special permit provided for in sub-paragraph 19.3.1 of the Law on Health shall be granted to organizations providing medical care and services in the following types:

14.2.1.family health care and services;

14.2.2.specialized medical care and services;

14.2.3.obstetric care and services;

14.2.4.emergency medical care;

14.2.5.ambulance services;

14.2.6.specialized nursing care and services;

14.2.7.specialized care and services for rehabilitation.

14.3.Relations in connection with obtaining specifications for medical care, services and technical and technological needs, developing and implementing professional activity projects, issuing, extending, suspending, revoking, monitoring, registering and reporting special permits specified in paragraph 14.2 of this Law shall be regulated by the Law on Health.

14.4.Requirements for buildings and facilities, tools, equipment, accessories, medicine, medical devices, and human resources of organizations providing medical care and services shall be approved jointly by the state central administrative body in charge of health affairs and the state administrative body in charge of standards affairs.

CHAPTER THREE

MANAGEMENT AND ORGANIZATION OF STATE AND LOCALLY OWNED HOSPITALS

Article 15.Selection and requirements for the member of the board of directors

15.1.The member of the board of directors shall meet the following criteria:

15.1.1.no conflict of interest with the respective hospital;

15.1.2.have public health and medical science education, or have experience in the field of health care, specializing in the fields of law, economics, management, and organization;

15.1.3.not engaged in political party management, full-time or elected work;

15.1.4.did not invest in other health care institutions.

15.2.The term of office of the member of the board of directors shall be six years.

15.3.In order to ensure the continuity of the board of directors' activities and maintain the coherency, four of the original members or two members of each representative except for the owner's representative shall be elected for three years, and the other five members shall be elected for six years, and further it shall be confirmed in accordance with the period specified in paragraph 15.2 of this Law.

15.4.The term of the representative member, other than the representative of the owner of the first member of the board of directors, shall be decided by lottery in accordance with the terms specified in paragraph 15.3 of this Law.

15.5.In order to ensure the continuity of the board of directors' activities, up to two-thirds of the members of the board of directors shall be re-elected at one time.

15.6.The chairman of the board of directors shall be nominated by the members of the board and elected by a majority vote by secret ballot.

15.7.The term of office of the chairman of the board of directors shall be three years and may be re-elected once.

15.8.If the chairman of the board of directors dies or is re-called in accordance with paragraph 15.10 of this Law, the oldest member shall perform his/her duties until a new chairman is elected.

15.9.In case of temporary absence of the chairman of the board of directors, the member recommended by him/her, or if not recommended, the oldest member by age shall replace him/her.

15.10.The chairman and member of the board of directors shall be re-called before the end of the term of office on the following grounds:

15.10.1.applied for exemption due to health or other valid reasons;

15.10.2.the commission of a crime was determined by a valid court decision;

15.10.3.violation of paragraph 15.1 of this Law was found after the selection;

15.10.4.transferred to another job, appointed or elected to political party leadership, full-time or elected position;

15.10.5.the position of the member representing the owner has changed;

15.10.6.did not personally attend the meeting of the board of directors three or more times in a row without valid reasons.

15.11.It shall be prohibited to the chairman and member of the board of directors from carrying out the following activities:

15.11.1.in addition to the incentives specified in paragraph 15.21 of this Law, to receive gifts, services, monetary income, loans, and assistance, or exercise benefits directly or indirectly from others in connection with the performance of his/her official duties;

15.11.2.to propose a joint interested party for the purchase of goods, works and services for the relevant state and locally owned specialized hospital and general hospital, and to receive profit from the supplier of the orders;

15.11.3.to interfere with the powers and activities of the executive management.

15.12.It shall be prohibited to recall or dismiss the chairman or member of the board of directors before the end of the term of office on grounds other than those specified in paragraphs 15.10 and 15.11 of this Law.

15.13.In the event that the term of office of a member of the board of directors expires, he/she dies, or he/she is recalled or dismissed on the grounds specified in paragraphs 15.10 and 15.11 of this Law, the person nominated or selected for the board of directors in accordance with this Law shall be confirmed by the competent person within one month.

15.14.The chairman of the board of directors shall manage and organize the activities of the board and supervise the implementation of its decisions.

15.15.The main form of activity of the board of directors shall be a meeting, it shall convene at least once a quarter, and if necessary, extraordinary meetings shall be convened upon the proposal of the chairman of the board of directors or at least five members.

15.16.The meeting shall become effective when the overwhelming majority of members attend the meeting of the board of directors.

15.17.Matters discussed at the meeting of the board of directors shall be decided by the majority vote of the members present at the meeting.

15.18.Minutes shall be kept of issues discussed and resolved by voting, results of voting and decisions made at the meeting of the board of directors, resolutions shall be issued on the decided issues, and the chairman of the board shall sign and confirm the minutes and resolutions of the meeting.

15.19.The board of directors shall have a stamp and official letterhead made in accordance with the established procedure.

15.20.The board of directors shall have one full-time employee.

15.21.The incentives of the member of the board of directors and the expenses related to the activities of the board shall be financed from the budget of the hospital.

15.22.The standard amount of incentives for members of the board of directors and the procedure for granting them shall be jointly approved by the Cabinet members in charge of financial, budgetary and health affairs.

15.23.Three members representing the public of the board of directors of the state-owned specialized hospital shall be selected openly by the state central administrative body in charge of health affairs, and three members representing the public of the locally owned general hospital shall be openly selected by the office of the aimag and district governors.

15.24.The meeting to organize the open selection specified in paragraph 15.23 of this Law shall be held separately with the participation of the following representatives:

15.24.1.select a representative of the organization that protects the rights and legal interests of the majority of the insured;

15.24.2.select representatives of non-governmental organizations operating in the field of health;

15.24.3.select representatives of health professional societies, associations, and professional branch councils.

15.25.The organization organizing the selection specified in paragraph 15.23 of this Law shall publicly announce the date of the nomination meeting 14 days in advance.

15.26.The non-governmental organization to be nominated for the public representative of the board of directors of state and locally owned specialized hospitals and general hospitals shall meet the following requirements:

15.26.1.has been continuously operating for more than six months;

15.26.2.no conflict of interest with the respective hospital;

15.26.3.no financial violations.

15.27.In the meeting of nomination and selection, one certified person shall be nominated for one hospital selection by the organization that protect the rights and legal interests of the majority of the insured, non-governmental organizations operating in the field of health, and health professional societies, associations, and professional branch councils of their respective jurisdictions in accordance with the selection procedure specified in paragraph 15.23 of this Law, and a representative of that organization shall participate in the meeting with the right to one vote.

15.28.At the nomination and selection meeting of each hospital, a candidate who meets the criteria specified in paragraph 15.1 of this Law shall be presented, and one candidate who receives the majority of votes through open voting or if none of the candidates received the majority of votes, the two candidates with the highest number of votes shall be put in the second ballot, and the candidate with the majority of votes shall be submitted to the competent person specified in paragraph 15.30 of this Law, with the meeting minutes signed by the leaders of the meeting.

15.29.The procedure for organizing the nomination and selection meeting shall be approved by the Cabinet member in charge of health affairs.

15.30.The candidate for the member of the board of directors of the state-owned specialized hospital shall be directly certified by the Cabinet member in charge of health affairs, and the candidate for the member of the board of directors of the locally owned general hospital shall be directly certified by the governor of the aimag and district.

Article 16.Executive management of state and locally owned specialized hospitals and general hospitals, their rights and obligations

16.1.The executive management of state and locally owned specialized hospitals and general hospitals shall be carried out by the hospital director to be selected and appointed by the hospital's board of directors.

16.2.The procedure for selecting the director of state and locally owned specialized hospitals and general hospitals shall be approved by the Cabinet member in charge of health affairs.

16.3.The director of a state and locally owned specialized hospital or general hospital shall meet the following requirements:

16.3.1.worked in the health sector for at least 10 years;

16.3.2.worked in a management position in a healthcare institution for at least five years;

16.3.3.graduated from public health and medical science education university and specialized in health management;

16.3.4.the right to hold a certain position or conduct activities has not been removed by a court decision;

16.3.5.not a member of a political party;

16.3.6.does not hold a management position in a private healthcare institution;

16.3.7.does not work as part of the management of other organizations and business entities.

16.4.The director of the hospital shall be appointed by the board of directors for a period of five years and may be reappointed once more.

16.5.The contract specified in sub-paragraph 16.7.1 of this Law shall be signed by the chairman of the board of directors and the director of the hospital, and the contract shall include other rights, obligations, responsibilities, remuneration, bonuses and other relevant issues than those specified in this Law.

16.6.The director of the hospital shall have the following common rights:

16.6.1.to select and appoint the deputy director and the management of the organizational unit of the hospital;

16.6.2.to conclude or terminate an employment contract with a member of the management team or an employee of the organization;

16.6.3.to manage the hospital budget according to the budget schedule approved by the board of directors;

16.6.4.to spend the approved budget efficiently, to provide incentives based on employee productivity and results within the salary fund determined by the board of directors, to provide social security for employees, and to empower medical professionals;

/This sub-paragraph was modified by the law as of August 28, 2020 and it shall enter into force on January 1, 2021/

16.6.5.perform activities on behalf of the hospital by making deals and signing contracts within the competence granted by the board of directors;

16.6.6.rights provided in this Law and other legislation.

16.7.The director of the hospital shall have the following common obligations:

16.7.1.to work by concluding a contract with the board of directors;

16.7.2.to implement hospital executive management as a team;

16.7.3.to organize the work of keeping accounting, balance sheet, and statistical data in accordance with legislation;

16.7.4.within 10 days after being appointed to the relevant position, to submit the list of his/her affiliated parties to the board of directors, and notify the board of directors of any changes in the list from time to time;

16.7.5.obligations provided in this Law and other legislation.

CHAPTER FOUR

FINANCING OF MEDICAL CARE AND SERVICES

Article 17.Financing of care and services to be provided by family, soum and village health centers

17.1.The cost of care and services provided by the family, soum, and village health center specified in paragraph 24.6 of the Law on Health shall be financed from the state budget in the following ways:

17.1.1.the list of cares and services specified in paragraph 6.2 of this Law by the method of payment calculated per citizen;

17.1.2.the costs of activities and measures to support and protect public health by economic category;

17.1.3.the cost of ambulance services by the case-based payment method;

17.1.4.the cost of obstetric care and services related to pregnancy, childbirth, and the postpartum period by the case-based payment method;

17.1.5.the cost of emergency medical care by case-based payment method;

17.1.6.the costs of health care and services during disasters and public outbreaks of infectious diseases by economic category;

17.1.7.the costs of health care and services to be provided to citizens who are injured or sick in the course of saving human lives in necessary defense, unavoidable situations by case-based payment method.

17.2.The costs of the care and services to be provided by the family, soum, and village health centers specified in paragraph 9.1 of the Law on Health Insurance shall be calculated by the case-based payment method, and financed from the health insurance fund.

17.3.It shall be prohibited for family, soum and village health centers to provide care and services to citizens upon receiving the payment, except as specified in this Law, the Law on Health, and the Law on Health Insurance.

Article 18.Financing of care and services provided by specialized hospitals, general and special hospitals, maternity hospitals and clinics

18.1.In accordance with paragraph 24.6 of the Law on Health, the cost of care and services to be provided by specialized hospitals, general and special hospitals, maternity hospitals, and clinics shall be financed from the state budget in the following ways:

18.1.1.the cost of obstetric care and services during pregnancy, childbirth, and postpartum by the case-based payment method;

18.1.2.the cost of epidemiological services, mandatory and epidemiological immunization, sterilization and disinfection of infectious disease epicenters by case-based payment method;

18.1.3.the cost of care and services during disasters and public outbreaks of infectious diseases, as well as the cost of activities and measures to support and protect public health by economic category;

18.1.4.the cost of some medical care and services to be provided to children by the case-based payment method;

18.1.5.the cost of some care and services for cancer, mental disorder, and infectious diseases by the case-based payment method;

18.1.6.the cost of ambulance service by case-based payment method;

18.1.7.the cost of emergency medical care by case-based payment method;

18.1.8.the costs of health care and services to be provided to citizens who are injured or sick in the course of saving human lives in necessary defense, unavoidable situations by case-based payment method;

18.1.9.the cost of certain medicines for diseases requiring long-term rehabilitation and palliative treatment by case-based payment method;

18.1.10.the costs of medical and mental rehabilitation care and services to be provided to victims of physical and sexual violence and exploitation by case-based payment methods.

18.2.The cost of care and services to be provided by specialized hospitals, general and special hospitals, maternity hospitals, and clinics shall be calculated by the case-based payment method specified in paragraph 9.1 of the Law on Health Insurance, and financed from the health insurance fund.

Article 19.Financing of care and services to be provided by nursing centers, palliative care centers, rehabilitation centers, sanatoriums

19.1.Financing of specialized nursing and rehabilitation care and services to be provided by nursing centers, palliative care centers, rehabilitation centers, and sanatoriums shall be regulated by the Law on Health Insurance.

Article 20.Financing of ambulance care and services

20.1.The cost of ambulance services to be provided by ambulance organizations shall be financed from the state budget by the case-based payment method.

Article 21.Financing regulation of medical care and services

21.1.When determining the amount of financing for cares and services specified in paragraphs 17.1, 17.2, 18.1, 18.2, 19.1, and 20.1 of this Law, the standards grounded on the normative cost estimation based on the guidelines and standards of the respective care and services shall be applied.

21.2.The specialized hospitals, general and special hospitals, maternity hospitals, and clinics shall perform the care and services specified in paragraph 18.1 and 18.2 of this Law upon receiving advance financing in accordance with the contract, and the procedure for obtaining financing and the criteria for evaluating performance shall be jointly approved by the Cabinet members in charge of financial, budgetary and health affairs.

21.3.Financing of care and services to be financed by the Health Insurance Fund shall be regulated in accordance with Article 9 of the Law on Health Insurance.

21.4.Services that are not included in the list of cares and services to be provided by state and local-owned organizations specified in Articles 18 and 19 of this Law may be provided additionally at the request of the client, and the procedures related to the payment of additional service fees by citizens shall be jointly approved by the Cabinet members in charge of financial, budgetary and health affairs.

21.5.The client shall be responsible for the payment of the paid care and services to be provided by the state and locally owned medical care and service organizations, and of the additional care and services specified in paragraph 21.4 of this Law.

21.6.List of cares and services financed from the state budget specified in paragraph 18.1 of this Law to be performed by private specialized hospitals, general hospitals, clinics and ambulance centers based on the contracts, the procedures on the selection and conclusion of contracts, evaluation of implementation, monitoring, extension and termination of contracts, the contract model, and performance criteria thereto shall be approved by the Government.

21.7.The activities specified in paragraph 21.6 of this Law shall be carried out by the state central administrative body in charge of health affairs independently and/or in cooperation with the Health Department of the aimag and the Capital city.

21.8.The care and services specified in paragraph 18.1 of this Law to be performed based on the contracts by private specialized hospitals, general hospitals, clinics, and ambulance centers shall be implemented from step by step.

CHAPTER FIVE

DOCTOR'S RIGHTS AND OBLIGATIONS

Article 22.Rights and obligations of the specialized and resident doctor

22.1.In addition to the rights and obligations of a medical specialist specified in Article 28 of the Law on Health, a specialized doctor shall have the following rights and obligations:

22.1.1.conduct examination, analysis, diagnosis, give counseling, and make treatment, surgery, operation;

22.1.2.write prescriptions;

22.1.3.determine the death;

22.1.4.determine gender;

22.1.5.make a statement about  citizens' health in military service, obtaining the right to drive a vehicle, being appointed to certain positions prescribed by law, and other conditions;

22.1.6.by the decision of the court or prosecutor's office, conduct a medical examination, take tests, provide treatment, make a conclusion, and evaluate civil legal capacity;

22.1.7.provide with professional and methodological guidance to the resident doctor working under his/her direct supervision and management;

22.1.8.for the purpose of diagnosis and treatment, may be performed by the resident doctor the tasks on examination, analysis, and diagnosis of the client, and in this case, make a decision on granting a permission to the resident doctor in writing, and notify it to the management;

22.1.9.other rights and obligations provided by the legislation.

22.2.In addition to the rights and obligations of a medical specialist specified in Article 28 of the Law on Health, the resident doctor shall have the following rights and obligations:

22.2.1.receive methodological assistance from a specialized doctor when performing the work specified in sub-paragraphs 22.2.2 and 22.2.3 of this Law;

22.2.2.examine, analyze and diagnose the client according to the list of care and services provided independently by the resident doctor approved by the hospital managing official;

22.2.3.perform examination, analysis, diagnosis, treatment, surgery, and operations on clients under the direct supervision and management of a specialized doctor;

22.2.4.notify the specialized doctor without delay if any difficulties occur during the execution of the work specified in sub-paragraph 22.2.2 of this Law;

22.2.5.other rights and obligations provided by the legislation.

22.3.The model working procedure of the resident doctor shall be approved by the Cabinet member in charge of health affairs.

22.4.Relations in connection with permit to engage in professional activities of medical specialists, post-graduate training, and qualification degrees shall be organized in accordance with Article 25 of the Law on Health.

CHAPTER SIX

ACCREDITATION OF MEDICAL CARE AND SERVICES

Article 23.Accreditation of medical care and services

23.1.Healthcare organizations providing medical care and services shall evaluate the type, technology, quality and performance of care and services and obtain accreditation on a voluntary basis.

23.2.Relations in connection with the accreditation of health institutions providing medical care and services shall be organized in accordance with Article 22 of the Law on Health.

CHAPTER SEVEN

MISCELLANEOUS

Article 24.Liability to be imposed on the violators of the legislation

24.1.If the actions of officials who violate this Law are not in criminal nature, they shall be held liable as provided in the Law on Civil Service.

24.2.Any person and legal entity who violates this Law shall be held liable as provided for in the Criminal code or the Law on Violations.

/This article was modified by the law as of May 11, 2017/

24.3.The imposition of a fine and liability on a person who violates the law on medical care and services shall not be a ground to release him/her from the liability to eliminate the violation and compensate for the damage caused to others due to the violation.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ENKHBOLD.Z