Law nr. 60 from 30.03.2012

Chapter I - GENERAL PROVISIONS


    Article 1. Object of the Law
    This law regulates the rights of disabled people for their social inclusion, ensuring the possibility of their participation in all areas of life without discrimination, at the same level with other members of society, having as basic rights and fundamental freedoms.

    Article 2. Definitions
    In this law, the main concepts are defined as follows:
    disabled person - a person with physical, mental, intellectual or sensory disabilities which in interaction with various barriers / obstacles may hinder their full and effective participation in society on an equal basis with others;
    disability - a generic term for damage / deficiencies, activity limitations and participation restrictions, which denotes the negative aspects of interaction between the individual (who has a health problem) and contextual factors that are found (the environmental and personal factors);
    capacity for work - the relationship between individual biological and request training opportunities, is determined by physical and intellectual abilities and level of socio-professional integration that takes training and experience;
    inclusion - multidimensional set of measures and actions in social protection, employment, housing, education, sport, health, information and communication, mobility, security, justice and culture and other areas aimed at integrating people with disabilities in society;
    early intervention (for children) - the process of anticipating, identifying and undertaking effective measures for children and families in order to minimize potential negative impacts and consequences of the pathological condition of the child and contribute significantly to the health and development;
    personal assistance - customized care services (in areas of social protection, employment, health, educational, information, access to infrastructure, etc.) that meet the need for mobility and other needs of the child or adult with severe disabilities who require support integration into society, offered in the individual program of rehabilitation and social inclusion and the initial assessment or complex;
    reasonable accommodation - changes and adjustments necessary and appropriate, not imposing a disproportionate or undue burden when necessary, to enable persons with disabilities the enjoyment or exercise, on equal terms with others of all rights and fundamental freedoms human rights;
    universal design - designing products, environments, programs and services that can be used by all people, to the extent possible, without the need for adaptation or special design. Universal design does not exclude assistive devices for particular groups of persons with disabilities when necessary;
    adequate standard of living - protecting and promoting rights of disabled people to food, clothing and adequate housing on an equal footing with other citizens, without discrimination based on disability;
    accessibility - set of measures and work to adapt the physical environment, transport and information and communication environment, including information and communications technologies and systems, according to the needs of people with disabilities, an essential factor for the exercise of rights and fulfillment of obligations of the disabilities in society;
    individual program of rehabilitation and social inclusion - a document developed by the National Council for Determination of Disability and Work Capacity and its territorial structures, which are set out general guidance on the activities and services for the disabled person needs in the social inclusion;
    medical rehabilitation - of measures of health care provided at all stages of care (primary, secondary and tertiary) to malfunction and disabled persons, directed towards maintaining health and quality of life of people concerned, for preventing or reducing disability by applying coordinated and combined various methods of rehabilitation, and mental functioning;
    vocational rehabilitation - complex of medical, professional, social and educational oriented compensation recovery or disturbed functions of the body and work capacity of persons with disabilities who, because of health interact with obstacles, can not conduct its work according to qualifications;
    sheltered employment - space for the professional activity of persons with disabilities in the workplace including institution building and any other place within the institution and beyond, the disabled person has access while exercising his employment adapted to their needs, including equipment and access roads;
    specialized businesses - businesses and organizations whose capital is owned 100% by the companies and associations of persons with disabilities, designed to achieve its statutory objectives, in which more than 50% of all employed workers are persons with disabilities. Is assigned to specialized companies also workshops and occupational therapy departments, without legal status in the social and medical institutions who are entitled to carry out independent economic activities, violates the law.

    Article 3. The purpose and objectives of the Law
    (1) The purpose of this law is to establish safeguards to protect and promote the rights of persons with disabilities and their families.
    (2) The measures provided for in this law leads to the following objectives:
    a) prevention of disability;
    b) rehabilitation of persons with disabilities;
    c) active participation of people with disabilities in community life;
    d) increasing employment of persons with disabilities;
    e) quality of life of people with disabilities and their families;
    f) stimulate labor market participation of persons with disabilities;
    g) development of appropriate social services needs of people with disabilities;
    h) creating and ensuring the appropriate education, training and training of persons with disabilities;
    i) avoid or eliminate all forms of discrimination against persons with disabilities.

    Article 4. Scope of this Law
    This Law shall extend to persons with disabilities Moldovan citizens or foreign citizens having legal residence in the Republic of Moldova in the law.

    Article 5. Principles of application of this law
    Protection and promotion of persons with disabilities based on the following principles:
    a) rights and fundamental freedoms;
    b) equality;
    c) equal treatment in respect of employment and employment;
    d) social solidarity;
    e) non-discrimination;
    f) Partnership;
    g) freedom of choice and control over their lives or decision on services and forms of support to them;
    h) respect for inherent dignity, individual autonomy, freedom to make their own choices and independence of persons;
    i) acceptance of persons with disabilities as part of human diversity and humanity;
    j) full and effective participation and inclusion in society;
    k) accessibility;
    l) equal rights of women and men;
    m) respecting development capacities of children with disabilities and their right to preserve their identities.

    Article 6. Legislation on social inclusion people with disabilities
    (1) Legislation on social inclusion of people with disabilities is based on the Constitution of the Republic of Moldova consists of this Law and other laws and regulations on measures of social inclusion of people with disabilities.
    (2) The state is responsible for national policy of prevention and treatment of disability, rehabilitation, reasonable accommodation and social inclusion of people with disabilities, their rights and obligations of the parties (the state, on the one hand, and beneficiaries on the elsewhere), provides, in collaboration with relevant bodies, organizations and directly responsible to the beneficiaries, implementation of lawful, stipulates the rights and obligations of the parties.

    Article 7. For people with disabilities in political and public life
    (1) Persons with disabilities can effectively and fully participate in political and public life on equal terms with other citizens.
    (2) The State shall provide persons with disabilities:
    a) political rights and the opportunity to enjoy them on an equal basis with others;
    b) the right and opportunity to vote and be elected;
    c) The right to adequate voting procedures and materials, accessible and easy to understand and use (implementing alternative voting methods);
    d) the right to express their choice by secret ballot in elections and referendums, without intimidation;
    e) the right to effectively hold office and the person chosen to perform any function at the executive or legislature, facilitating the use of new technologies and assist, where appropriate;
    f) the right to free expression of will of the voters and, for this purpose, where appropriate and upon request, allow them to vote assisting a person of their choice;
    g) The right to free formation of opinion on political parties and electoral candidates, including the organization of debates and radio-television in sign language, the printing of election materials to use writing systems used by the visually impaired view, by using other information tools accessible to persons with disabilities.
    (3) Rights of persons with disabilities to participate in political and public life are regulated by special laws.

    Article 8. Equality and non-discrimination persons with disabilities
    (1) Persons with disabilities have the right to be recognized wherever they are, as individuals with equal rights before the law.
    (2) People with disabilities enjoy legal capacity equally with others in all aspects of life, and if necessary, and legal safeguards and the exercise of legal capacity, the legislation in force.
    (3) People with disabilities have the inalienable right to human dignity regardless of disability or other health condition, regardless of race, nationality, ethnic origin, language, religion, sex, sexual orientation, opinion, political affiliation, wealth or social origin any other reason.
    (4) People with disabilities enjoy all civil, political, social, economic and cultural rights and fundamental freedoms enshrined in the Constitution, the Convention on the Rights of Persons with Disabilities (ratified by Law no. 166 of July 9 2010), this Law and other regulations.
    (5) People with disabilities, under the equal rights of others, have equal obligations and responsibilities under the laws of the Republic of Moldova.
    (6) Discrimination against persons with disabilities is any distinction, exclusion, exclusion, restriction or preference, and the refusal to create conditions favorable and reasonable accommodation, leading to failure or complication recognition, performance or use of civil, political, economic, social or cultural, is prohibited and punishable by law.
    (7) The State, through the underlying structures of the central and local public authorities and institutions specialized in human rights (ombudsman), ensures the right people with disabilities enjoy legal capacity to the same extent as others in all aspects life and guarantees them equal and effective legal protection against discrimination on any grounds.
    (8) To ensure equality and eliminate discrimination against persons with disabilities, the state promotes reasonable accommodation measures.
    (9) The specific measures needed to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination.
    (10) children with disabilities fully enjoy all human rights and fundamental freedoms on an equal footing with other children.
    (11) In all actions concerning children with disabilities will be considered with priority interests of the child.
    (12) The State shall take measures to ensure that all categories of disabled people, including women and girls with disabilities are not subject to multiple discrimination, and enjoy all the rights and fundamental freedoms.
    (13) The State guarantees to exclude any discrimination on grounds of disability.

    Article 9. The right to ownership, management income and other personal
    (1) central and local authorities take appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to manage their financial affairs and to have equal access to bank loans, mortgages and other forms credit financial benefit, as appropriate, protection and legal assistance in exercising those rights, and ensure that people with disabilities are not arbitrarily deprived of their property.
    (2) If the disabled person, regardless of age, is unable to manage their personal assets, it is entitled to protection and legal assistance as required by law.

    Article 10. Rights of people with disability and liability for violations
    (1) Protecting the rights, interests and fundamental freedoms of persons with disabilities shall comply with the law.
    (2) Compliance with the UN Convention on the Rights of Persons with Disabilities by central and local authorities, by institutions and companies regardless of its ownership by associations and individuals in charge of all levels is provided by civil society and the ombudsman required by law.
    (3) People with disabilities enjoy legal capacity in all areas of life on an equal footing with other citizens.
    (4) Persons in charge and all persons guilty of violation of rights, interests and fundamental freedoms of persons with disabilities are liable according to law.

    Article 11. Awareness Society
    (1) the growing respect for the rights and dignity of persons with disabilities, state, legal persons of public law and private and governmental organizations take measures to raise society.
    (2) The legal persons of public or private and governmental organizations:
    a) promote a positive perception and an active social role for people with disabilities;
    b) growing at all levels of education, including early age children, a respectful attitude towards the rights of persons with disabilities;
    c) promote the recognition of skills, merits and abilities of persons with disabilities, as well as the contribution made by them in their jobs;
    d) encourage media outlets to report on people with disabilities in a manner that would contribute to their social inclusion;
    e) promote public awareness programs regarding persons with disabilities and their rights.

Chapter II - DETERMINATION OF DISABILITY


    Article 12. The institution responsible for determining disability
    (1) disability in children aged under 18 years and in adults is determined by the National Council for Determination of Disability and Work Capacity (hereinafter - Council) or its territorial structures, institutions under the Ministry of Labour and Social Protection.
    (2) Basic skills of the Council are:
    a) determination of disability and working capacity of the person;
    b) preparing an individual program of rehabilitation and social inclusion;
    c) establish the circumstances / reasons that led to disability and duration of disability;
    d) establish the work and working conditions of persons with disabilities;
    e) ensuring the electronic and hard copy of those surveyed;
    f) preparation and issue of certificate of degree of disability.
    (3) Council Regulation on organization and operation approved by the Government.
    (4) People who disagree with the decision of admission to degree of disability are entitled to challenge the Board of litigation, an established advisory body to the Ministry of Labour and Social Protection. Decisions of the disputes may be appealed as provided by law.
    (5) The nominal composition and rules of organization and functioning of the Commission of disputes shall be approved by the Ministry of Labour and Social Protection.

    Article 13. Procedure for determining disability
    (1) Disability is determined by the Council or its territorial structures in the following acts:
    a) submission form of health care institution when the person is registered, issued only after the application of appropriate diagnosis, treatment and rehabilitation, where there are obvious signs of functional disorders of the body caused by disease, the consequences of trauma or pathology;
    b) research papers, documents certifying the training, skills, retraining;
    c) for persons already employed, the form completed and issued by the institution in which the person is employed, which include individual characteristics and position, conditions of work, all vacant positions within the institution and the requirements of this ;
    d) in the newborn, the preschool children, pupils and students, the form completed and released, as appropriate, early intervention service, the pedagogical assistance service for pre-school institution or educational institution, which contain data on individual health, individual characteristics and study its conditions and other circumstances of the educational process;
    e) if the persons registered with local structures of social assistance, social security or employment of labor and expertise are presented for the first time or repeatedly (reexpertizare) form completed and released the structures mentioned the benefits and social services that benefit the person. In case of access to information systems of the structures mentioned, the Council and its regional structures will access the necessary data electronically.
    (2) Instruction on how to determine the disability is approved by Government.

    Article 14. Basic factors and criteria determining disability
    (1) In determining disability factors are taken into account medical, pedagogical, the usual professional and other social factors.
    (2) The basic criteria for determining disability are as follows:
    a) ability to study and train;
    b) intellectual skills and behavior;
    c) ability to self and self-care;
    d) communication skills (sight, hearing, speech) and situational adaptation;
    e) motor skills and dexterity;
    f) ability to work and kept the body's vital capacity;
    g) ability to participate in social and professional life - due to physical, mental, intellectual or sensory long.

    Article 15. Determining disability in children age of 18 years
    (1) disability in children aged under 18 is determined based on the severity of individual functional deficiencies caused by disease, defects, trauma leading to activity limitations and participation restrictions stated in terms of psychosocial functioning and is age appropriate three levels: severe, sharp and mean.
    (2) severe disability is paid to children who, in relation to age, ability for self still unformed or lost, respectively, have a high degree of physical or psychological dependence. Autonomy of the person is very low because of severe activity limitation. Child requires constant care and supervision from another person.
    (3) increased disability is paid to children that failure to carry out development under proper social role and age are important functional limitations due to motor, sensory, neurological or metabolic disorder resulting from severe in advanced stages, complications of devices and systems.
    (4) Disability shall mean the ability to benefit children with physical (motor, metabolic) or reduced intellectual, corresponding to a low functional deficiencies, resulting in limitations in activity, compared with corresponding age expectations.
    (5) Criteria for determining disability in children aged under 18 years shall be approved by a joint order of the Ministry of Health, Ministry of Labour and Social Protection and Ministry of Education.
    (6) by the deadline which was set reexpertizarea children with disabilities, severity grades I, II and III are equivalent, as appropriate, with severe disability, disability and increased average disability.

    Article 16. Determination of disability in people adult
    (1) disability in adults is determined based on the severity of individual functional deficiencies caused by disease, defects, trauma leading to activity limitations and participation restrictions stated in terms of socio-professional application (keeping working capacity) and three degrees : Severe, sharp and mean. Maintaining work capacity is assessed as a percentage, a percentage range of 5%:
    a) Severe disability is characterized by severe functional deficiencies caused by disease, defects, trauma leading to activity limitations and participation restrictions, and ability to work is kept within a percentage of 0-20%;
    b) increased disability is characterized by marked functional deficiencies caused by disease, defects, trauma leading to activity limitations and participation restrictions, and ability to work is kept within a percentage of 25-40%;
    c) average disability environments are characterized by functional deficiencies caused by disease, defects, trauma leading to activity limitations and participation restrictions, and ability to work is kept within a percentage of 45-60%.
    (2) People with mild functional deficiencies caused by disease, defects, injuries and kept having the ability to work within a percentage of 65-100% are considered able to work that are not assigned to degree of disability.
    (3) In determining the persons involved in work disability, the Council and its regional structures take into account education, position, working conditions and making recommendations for the further exercise of professional activity.
    (4) For persons health because they can not perform the work according to professional qualifications and those who do not have a professional qualification or are not placed in employment, the Council or its territorial structures making recommendations for the exercise of other activities similar qualifications they hold or which do not require qualification or territorial authorities issue recommendations for employment and rehabilitation institutions seeking guidance, training, medical rehabilitation, training, other services provided by institutions.
    (5) People with disabilities in the disability determination process expertise and recommendations received guidance and training, medical and professional expertise are repeated after the period in which they received services.
    (6) For persons who have reached normal retirement age and, where appropriate, of persons because of severe functional disorders of the body are not able to perform work under the qualification they hold, or exercise another activity not require professional qualifications or to acquire a new qualification in guidance and training by medical and professional rehabilitation, degree of disability is determined on the basis of medico-social and psychological ability to work without setting the percentage value.
    (7) In adults, disability may occur due to:
    a) a general disease;
    b) a congenital or childhood diseases;
    c) an occupational disease;
    d) an accident;
    e) participation in liquidation of accident at the Chernobyl CAE;
    f) military service or the particular.
    (8) Criteria for determining disability in adults is approved by a joint order of the Ministry of Health and Ministry of Labour and Social Protection.
    (9) by the deadline for which was established reexpertizarea disabled person or if not within the degrees of disability, disability grade I, II and III are equivalent, as appropriate, with severe disability, disability and increased average disability.
    (10) Persons with a disability degree without the right time to address the Council for review and determination of disability under the new criteria.

Chapter III - ACCESSIBILITY

    Article 17. State policy in the field of accessibility
    (1) In order to ensure independent living for people with disabilities, and local public authorities, NGOs, businesses, regardless of legal form, depending on their functional skills, assess the situation in the field and take concrete measures to facilitate access for people with disabilities on an equal basis with others, the physical environment, to transportation, to information and communication means, including information technology and electronic communications to other utilities and services open or provided to the public, both in urban as well as in rural areas, in accordance with current standards.
    (2) Identify and eliminate obstacles / barriers to accessibility for persons with disabilities should be applied particularly to buildings, roads, transportation and other indoor and outdoor facilities, including schools, homes, public institutions and jobs, services information and communication, including electronic services and emergency services also to other utilities and public services.
    (3) Design and development of goods, services, equipment and utilities are based on universal design, which requires the minimum possible adaptation and the lowest cost them so they meet the needs of people with disabilities.

    Article 18. Design and construction of objects social infrastructure to meet the needs persons with disabilities
    (1) design and construction is not allowed to population centers, residential neighborhoods formation, development of project solutions, construction and reconstruction of buildings, facilities, and communications complexes, also the production or acquisition of urban public transport, the media and telecommunications without setting these objectives and means in a way that disabled people have access to them and act on.
    (2) The responsible authorities are to authorize the operation of public utility objects specified in par. (1) only in compliance with regulations in the field, so that disabled people have unimpeded access to them.

    Article 19. Arranging objects of social infrastructure to be used by persons with disabilities
    (1) the social objects must be arranged in such a way as to make them accessible for disabled people: equipped with access roads and installed in accordance with the laws in force regarding the area.
    (2) If the objects of social, technical reasons, can not be arranged so as to be accessible to persons with disabilities in compliance with regulations in force, local authorities, associations and legal entities public or private sector should take appropriate measures for reasonable accommodation of the objects in question to the needs of people with disabilities.
    (3) Norms for adapting the objectives of social infrastructure to the needs of people with disabilities shall be approved by the national body in construction management.
    (4) Realization of this Article is the national body vested with management in construction, local authorities and economic entities regardless of ownership and participation in public associations.

    Article 20. Providing access for people with disabilities means of transport
    (1) To facilitate the free access of disabled people in transport and travel, Ministry of Transport and Roads, other public authorities and local businesses regardless of ownership, with the participation of public associations are required to:
    a) adapt the means of transport in circulation;
    b) re-equip vehicles according to the needs of people with motor disabilities (manual guidance);
    c) adapt the means of transportation stations, including tactile paving marking the spaces in the front door access to transport;
    d) install appropriate signage needs of people with hearing and visual impairments in public transport;
    e) large print and colors contrasting routes and indicators in urban public transport;
    f) accommodate pedestrian crossings and intersections of streets and roads corresponding to the needs of people with visual and hearing impairments;
    g) mounted audible and visual signaling systems at intersections with traffic.
    (2) All taxi operators must provide at least a car adapted to transport disabled persons using a wheelchair. Taxi driver is discriminatory refusal to provide transport disabled person and the device worked. The device is shipped free application without additional fees.
    (3) rail infrastructure managers are obliged to adapt at least one car and the main train station to allow access for people with disabilities who use wheelchairs and tactile paving to mark the contrasting ways to boarding platforms, ticket office or other utilities.
    (4) Air Transport Infrastructure managers must ensure the accompanying persons with disabilities so that they can access and use of air transport and airport infrastructure managers are obliged to adapt the main public spaces to allow access for people with disabilities who use wheelchairs and tactile paving to mark the contrasting paths boarding counters or other utilities.
    (5) guide dog accompanying the disabled person has free access in all public places and transport.
    (6) Local authorities and legal persons of public or private law must adapt to reserves and to signal the international sign at least 4% of the total number of parking spaces, but no more than two places to Free parking of vehicles for people with locomotor disability parking spaces in addition to public buildings, as well as those organized.
    (7) persons with locomotor disability benefits, to request a permit for free parking places managed by local authorities. Vehicle transporting a disabled person owning locomotor enjoy free parking permit.
    (8) permits under par. (7) shall be issued by local authorities.
    (9) The norms of adaptation of means of transport and road infrastructure to the needs of persons with disabilities shall be approved by the Government.

    Article 21. Arranging accommodation for to be used by people with disabilities
    (1) The accommodation occupied by people with disabilities or families that are composed of a disabled person are equipped with special tools and devices in accordance with the recommendations of the individual program of rehabilitation and social inclusion of persons with disabilities and procedures, criteria established by the responsible authorities.
    (2) accommodation equipment is charged to local authorities, enterprises, institutions or organizations which are housing management. Individual houses equipment is charged to local authorities and is made as required, with representatives of associations of persons with disabilities. Authorities develop and approve procedures and its programs, including the established criteria for selecting recipients of services the equipment room / housing based on needs assessment, materials and living conditions thereof.
    (3) Owners of hotel rooms are required to adapt at least one room to accommodate the disabled person using a wheelchair, also install appropriate signage needs of people with hearing and visual impairments.
    (4) The acquisition and installation of elevators in apartment buildings and public institutions, authorities and operators should take account of their equipment with display system written in Braille or other alternative modes of communication.
    (5) Norms for adapting the housing needs of persons with disabilities shall be approved by the Government.

    Article 22. Housing needs of persons with disabilities
    (1) Provision of housing and improving housing conditions of persons with disabilities is required by law and the evidence these people provided by local authorities in the place of living for people with disabilities.
    (2) The listing for People with housing needs by local authorities, people with disabilities will be included on a separate list.
    (3) The allocation of housing, local authorities, enterprises, institutions or organizations, as appropriate, take into account the needs of people with disabilities, including proximity to work, the place of residence of their relatives and / or the premises of the institution rehabilitation, with the principle of accessibility and reasonable adjustment.
    (4) People with disabilities, as prescribed and taking into account their wishes, wherever possible, are provided with accommodation on the lower floors and apartments on those floors above have the right to request an exchange with apartments lower floors.
    (5) Housing for people with disabilities assigned to the requirements determined by the state sanitary health.
    (6) In exchange for housing consists of apartment, person with disabilities may require local authorities to award a residential area plot of land for individual housing construction.
    (7) The achievement of this Article is vested with local authorities to develop and approve procedures and its programs, including construction related to housing.

    Article 23. Ensuring access of people with disabilities to cultural sites, tourist and complexes (rooms) sports
    (1) Ministry of Culture, Ministry of Youth and Sports, Tourism Agency, other relevant bodies and local public authorities are obliged to facilitate access for people with disabilities to cultural values, the objectives of heritage, tourism, sports and leisure sites free.
    (2) To ensure access by persons with disabilities to culture, sport and tourism, and local public authorities, associations and legal persons of public or private law shall take the following specific measures:
    a) encouraging the participation of persons with disabilities and their families in cultural events, sports and tourism;
    b) organize, in collaboration or partnership with legal, public or private events and cultural activities, sports and leisure;
    c) provide for the sport by people with disabilities;
    d) to support the work of disabled sports organizations.
    (3) Local authorities provide disabled access free or discount the cultural, tourist and complexes (rooms) sports.
    (4) associations, institutions, organizations and legal persons of public or private law providing cultural, tourism and sports are required to ensure free access of persons with disabilities to services in at least 2% of the total places.

    Article 24. Participation of enterprises, institutions, organizations to achieve policy State social inclusion of people with disabilities
    Businesses, institutions, organizations and legal entities of public or private law allocates funds for construction financing, to purchase necessary equipment and complex social and cultural objectives (rooms) sports for their maintenance, to produce goods and services for purchase vehicles to meet the needs of people with disabilities.

    Article 25. Access to information
    (1) The State recognizes and promotes sign language and other alternative modes of communication as a means of communication between people.
    (2) The State, through the Ministry of Information Technology and Communications and other public authorities, promoting access for people with disabilities to information and mass media and information technology and electronic communications.
    (3) The State, through the Ministry of Education, Culture Ministry, other central authorities and local authorities and companies, provides, in accordance with the law, editing by alternative communication systems (the Braille system, the audio version in simple and understandable language, etc..) of artistic literature, textbooks, other teaching materials and training resources.
    (4) Public authorities and institutions have an obligation to make websites accessible for people with disabilities in accordance with international guidelines for accessibility.
    (5) The purchase of equipment and software, public institutions will consider the requirements for accessibility.
    (6) Businesses providing communication and information offers disabled people discounts on payment services.
    (7) Public authorities shall coordinate with the Deaf Association in Moldova and undertake the contract, if necessary, an interpreter of sign that will ensure communication between authorities and persons with hearing disabilities.
    (8) norms of adapting information and communications needs of people with disabilities and the use of alternative modes of communication (Braille, audio version, sign language, etc..) In these systems are approved by the Government.

    Article 26. Liability for failure obligations on accessibility
    People in positions of responsibility, enterprises, institutions and organizations irrespective of ownership, not fulfilling the provisions of this Act in respect of existing barriers and setting appropriate agreement in force, buildings, facilities and premises, including those of housing, means of transport, the media and telecommunications, the cultural, tourist complexes (rooms) sports and other objects of social infrastructure to ensure access to them and their use by people with disabilities liable under Contravention Code.

Chapter IV - EDUCATION, TRAINING AND PREPARATION TRAINING FOR PEOPLE WITH DISABILITIES


    Article 27. Necessary conditions for education, professional training people with disabilities
    (1) Persons with disabilities have access to education at all levels on equal terms with other citizens.
    (2) The right to education can not be restricted on account of learning difficulties or other problems caused by certain disabilities.
    (3) The State, through the authorities and institutions, guarantees disabled people the necessary conditions for education, training, training, vocational training and lifelong learning, lifelong learning without discrimination and on equal terms with other citizens.
    (4) The State, through the Ministry of Education and other central public authorities and local authorities provide disabled access to preschool education, school and extracurricular activities to get secondary education, specialized secondary education and higher education tailored to individual needs, in accordance individual program of rehabilitation and social inclusion.
    (5) The State, through the Ministry of Education and other central public authorities and local authorities take appropriate measures to employ teachers, including teachers with disabilities, qualified sign language and / or Braille, in other alternative ways of communication , and to train professionals in training people with disabilities and staff working with these people at all levels.
    (6) public authorities and educational institutions responsible for ensuring:
    a) reasonable accommodation conditions for learning to individual needs of persons with disabilities;
    b) Facilitating the learning of alternative modes of communication, Braille, alternative script, orientation, motor skills, and facilitate mutual support and mutual guidance among people with similar problems;
    c) Facilitating the learning of sign language and promote the linguistic identity of the hearing impaired;
    d) education of persons, especially children, visually impaired, hearing or deafblind in the most appropriate and individualized programs and languages, ways and means, and in environments which promote maximum academic and social development;
    e) conditions to develop and promote an inclusive education system;
    f) creation of educational institutions at all levels of support services for people with disabilities and / or equipping these institutions with the necessary equipment to support and promote inclusive education for persons with disabilities.
    (7) Ministry of Education and educational institutions, together with representatives of associations of persons with disabilities, establish annual training facilities for persons with disabilities.

    Article 28. Providing a pre-school education children with disabilities
    (1) In order to offer real opportunities for education of preschool children with disabilities and provide necessary assistance regarding their rehabilitation, Ministry of Education and local government in pre-school creates favorable conditions for the stay in each of these children.
    (2) In children with severe disabilities whose health care institutions exclude stay in the educational process is provided, at the request of parents, the local government through alternative forms of education and the various community and social services specialized or where appropriate, they are referring to highly specialized services.

    Article 29. Access to general education (primary, secondary), College education and higher education
    (1) Persons with disabilities are general education, specialized secondary education and higher education in educational institutions established by the Government.
    (2) To ensure access to educational services for disabled children, they are insured, if necessary, to support teachers / assistants / other support services and / or reasonable accommodation.
    (3) For children with disabilities who are in treatment or recovery or health care institutions longer balneotherapeutic conditions are created for further study in these institutions.
    (4) If the disabled entrance exams and is the same position with the other candidates (note, the number of points, etc..), They are admitted in educational institutions as a priority.
    (5) The total number of places in educational institutions in budget-funded enrollment plan (for each specialty / area of ??training and education as educational level), 15 percent will be assigned Abiturient with disabilities, and If no request from them or their number is below the indicated remaining places will be filled on general principle.
    (6) People with disabilities, including children, receive social grants under the legislation in force.
    (7) The state guarantees the employment of young professionals with disabilities who have completed higher education and specialized in budget financing.

    Article 30. Educating and training children disabilities at home
    If you can not educate and train children with disabilities in educational institutions, the specialized doctor / health services with parental consent, education and training takes place at home, according to a plan of education for individual instruction at home.

    Article 31. Extracurricular education of children with disabilities
    Multilateral development of children with disabilities, to educate them to active citizenship, the interest in work, their familiarity with the achievements of science, technology, art and sport, local authorities and associations organized for children and extracurricular activities extracurricular.

    Article 32. Training, raising vocational and training people disabilities
    (1) Training and raising the professional level is disabled in educational institutions in specialized businesses and jobs protected under individual program of rehabilitation and social inclusion.
    (2) Training, raising professional and training persons with disabilities is achieved in various ways, including education of the day, evening education, part-time education, distance learning, individual learning, learning in groups in special classes under individual education plans, including training at home or in non-formal education programs.
    (3) The State, through the Ministry of Education, other central public authorities and local authorities provide guarantees disabled people teaching and instructional material, including material for the blind (the Braille system), literature variant noise, including hearing aids for group learning systems, ensuring the implementation of the sign language for deaf people, the training period (including during orientation, training and vocational rehabilitation), education, training and improvement, as legislation.
    (4) Ministry of Education develop and approve individual FP education and training of persons with disabilities.
    (5) Ministry of Education, together with drivers schools, developing curricula and training programs and organize training adapted the theoretical and practical driving license applicants for a car from among different categories of persons with disabilities, including those with disabilities motor (manual guidance).

Chapter V - INTEGRATION IN WORK FOR PEOPLE WITH DISABILITIES

    Article 33. Right to work for persons with disabilities
    (1) The right to work for persons with disabilities is guaranteed.
    (2) People with disabilities enjoy all rights set forth in Labor Code and other regulations in the field. No one can limit the right to work for persons with disabilities only under the legislation in force.
    (3) Any discrimination based on disability on all aspects and forms of employment, including conditions of recruitment, placement, employment and exercise of employment, career advancement, health and safety conditions at labor.
    (4) In order to achieve the right to work, people with disabilities are given the opportunity to work within any enterprises, institutions, organizations, including the specialized enterprises, departments and specialized sectors, if the conditions are established by law.
    (5) No person Dismissal attend medical rehabilitation, social work or relevant institutions, regardless of period of stay in these institutions.
    (6) People with disabilities have access to information on offers of employment and have equal opportunities in employment.
    (7) To ensure the integration into employment of persons with disabilities, employers take the following specific measures:
    a) reasonable accommodation at work;
    b) design and adapt workplaces so that they become accessible to people with disabilities;
    c) providing new technologies and assistive devices, tools and equipment to enable persons with disabilities obtain and maintain employment;
    d) providing appropriate training and support for these people.
    (8) The central and local government employers will provide necessary support for implementation of measures referred to in paragraph. (7) functional within their power.

    Article 34. The employment of persons with disabilities
    (1) the employment of persons with disabilities shall be without discrimination, respecting the laws in force.
    (2) People with disabilities fall under their professional work and their working capacity, certified by the certificate of admission to degree of disability and the recommendations contained in the individual program of rehabilitation and social inclusion, issued by the Council or its territorial structures .
    (3) Employment of the disabled person at work involves the following forms:
    a) enterprises, institutions and organizations in the normal way;
    b) at home;
    c) the specialist firm.
    (4) Employers, regardless of legal form, which as planned staffing have 20 employees and more, or reserves creates jobs and employ people with disabilities work at a rate of at least 5 percent the total number of employees. However, employers provide records requests (documents attached thereto) of persons with disabilities who asked to be employed in a separate register of close surveillance, which contains documents on hiring decisions or refusal, the refusal reasons , appeals etc.
    (5) Employers shall inform mandatory territorial agency for employment on:
    a) jobs created and / or reserved for employment of persons with disabilities within 5 days from the date they were created / reserved;
    b) employment of persons with disabilities jobs that were created / booked within 3 days after they were occupied.
    (6) National Agency for Employment, along with central and local public authorities and with the participation of disabled persons associations, unions and employers to develop annual programs to the employment of persons with disabilities.
    (7) Employers who violate paragraph. (4) and (5) during a financial year are sanctioned under Contravention Code.

    Article 35. Work at Home
    (1) Persons with disabilities can practice working from home.
    (2) People with disabilities employed at home benefit from the employer for transportation to and from the home of the necessary raw materials and finished goods and work, and reasonable accommodation, as appropriate.
    (3) Local authorities provide facilities for people with disabilities in employment practice at home, and the opening of individual enterprises.

    Article 36. Specialized companies
    (1) companies and associations of persons with disabilities create specialized enterprises employing persons with disabilities jobs.
    (2) The state partially subsidizes the purchase of equipment and raw materials, job creation also partially offset the state social insurance contributions paid by firms specialized Invalids Society in Moldova, the Moldovan Blind Society and Deaf Association of the Republic Moldova. These funds are approved annually by the state budget law.
    (3) specialized companies are exempt from taxes as required by law.
    (4) companies specialized associations of persons with disabilities, in collaboration with local agencies for employment, shall, as appropriate, measures for finding and employees of these enterprises in normal working conditions, according to law.

    Article 37. Placing obligations on employers employment of persons who lost ability to work
    (1) as recommended by the Council or its territorial structures, the disabled person is placed in employment to the employer whose enterprise / institution that has partially lost the ability to work.
    (2) The employer shall allocate the available jobs or to create new jobs to place people in employment who have partially lost the ability to work following an accident at work at that employer or contracted a disease work from which they were recognized as persons with disabilities.
    (3) If the missing conditions for the continuation of work of people who have partially lost their ability to work with the same employer, placing them in work is done through local agencies for employment and associations of persons with disabilities.
    (4) Employers who violate paragraph. (1) and (2) are sanctioned under Contravention Code.
    (5) Employees who have been assessed the percentage of work capacity preserved following a work accident or occupational disease are paid on account of the enterprise / institution blame, compensation and benefits under unique legislation.

    Article 38. And working time rules production for people with disabilities
    (1) For people with severe disabilities and steep, where they enjoy greater facilities is established reduced duration of working time of 30 hours per week, amount of remuneration of labor is equal to that established for employees with the normal working time.
    (2) overtime work, weekly rest day work and night work performed by people with severe disabilities and steep allowed only with the consent of the persons concerned, if these jobs are not contraindicated by physicians.
    (3) Employers, in agreement with union committees have the right to reduce standards for persons with disabilities.

    Article 39. Leave people with disabilities
    (1) For people with severe disabilities in service if they do not have greater facilities, annual leave shall be for a period of 40 days, and for people with disabilities increased - with annual leave period of 32 days.
    (2) At the request of the person with disabilities, the employer may grant additional leave without pay for a period of up to 60 days.

    Article 40. Orientation, training and rehabilitation training of persons with disabilities
    (1) Persons with disabilities of working age who want to integrate or reintegrate into the labor market have access to guidance, training and vocational rehabilitation, regardless of type and degree of disability.
    (2) Persons with disabilities participate actively in the assessment of the percentage of work capacity and providing guidance, training and vocational rehabilitation, access to information and choice of activities and skills according to their wishes.
    (3) orientation and training services are offered by territorial authority for employment according to individual program of rehabilitation and social inclusion of persons with disabilities.
    (4) guidance and training disabled person who is trained and has appropriate age into employment, the person who does not have a job, one that has no professional experience or that, although employed and recommended retraining under the individual program of rehabilitation and social inclusion, as appropriate.
    (5) Vocational rehabilitation services are provided by the Experimental Republican Center Prosthesis, Orthopedics and Rehabilitation and rehabilitation centers and specialized institutions in accordance with the recommendations in the individual program of rehabilitation and social inclusion.
    (6) Vocational rehabilitation benefits from employed persons or, where applicable, the person who has proposed a job but because of health interact with obstacles, can not operate according to qualification and requires work restore, recover or offset the disturbed functions of the body and work capacity.
    (7) The disabled person or, where appropriate, its family is the main decision on orientation, training and vocational rehabilitation.
    (8) Funds required for orientation, training and vocational rehabilitation of persons with disabilities are allocated from the state budget through responsible institutions, as provided by law.
    (9) To ensure the evaluation of the percentage of work capacity, as well as the process of orientation, training and vocational rehabilitation of disabled persons, responsible public authorities shall take the following specific measures:
    a) achieve and / or diversify orientation programs, training and vocational rehabilitation of persons with disabilities;
    b) to correlate the orientation, training and vocational rehabilitation of disabled persons with labor market requirements;
    c) create conditions for access of disabled persons to assess the percentage of their working capacity, as well as the orientation, training and rehabilitation work in any occupation, based on personal skills.

Chapter VI - HEALTH, MEDICAL AND REHABILITATION IN SOCIETY OF PEOPLE WITH DISABILITIES

    Article 41. Prevention of disability
    (1) To prevent the occurrence of disability among the population, medical institutions, local and central public authorities, legal entities public or private, individual entrepreneurs who use employment and other structures involved are obliged to take care and social policies aimed at:
    a) diagnosis, treatment, rehabilitation and primary prevention of disease;
    b) maintain and protect health;
    c) creation and maintenance of hygienic conditions favorable for life and work;
    d) environmental sanitation;
    e) propagation of active recreation and physical culture mass;
    f) rational nutrition and health education population.
    (2) State, the competent authorities of central and local government is obliged to provide free public access and information about health and social services offered in order to minimize and prevent the occurrence of disability among children, adults and people elderly.

    Article 42. Right to health care
    (1) The State guarantees the right of persons with disabilities in a respectful attitude and human service providers from health, without discrimination based on disability.
    (2) People with disabilities enjoy all the rights and assume all responsibilities provided by the laws of health care.
    (3) People with disabilities are entitled to:
    a) timely and quality medical care within the compulsory health insurance;
    b) the provider of primary care and family doctor;
    c) treatment and personal care;
    d) medical care throughout the country, the community (in residential area) and specialized health care facilities where the physician, outpatient care is ineffective or unavailable;
    e) the amount and quality of medical services under a single program of compulsory health insurance;
    f) health care, where are Moldovan citizens living abroad, in accordance with international treaties and agreements to which Moldova is party.
    (4) prohibits discrimination against persons with disabilities in the healthcare, medical insurance (compulsory and voluntary), life insurance, annual comprehensive medical examination, preventive measures, health education and obtain personal information about health.
    (5) The medical assistance, disability benefits, also home visits, aiming at full satisfaction of all their social and medical needs, needs determined by the type and degree of disability, in accordance with the law .
    (6) The mandatory health insurance, the government has ensured quality for those on degree of disability, as well as some of caregivers, in accordance with the law.
    (7) People with disabilities are involved in making decisions about personal health in all cases unless there is a serious threat to health or their lives.
    (8) People with disabilities give their consent for medical intervention in person, fully informed consent or refusal voluntarily in accordance with the law.
    (9) public medical institutions perform annual comprehensive medical examination of persons with disabilities according to the unique program of compulsory health insurance.
    (10) In the case of fixed bed medical examination of the family doctor, specialists examinations and investigations are made possible at home person.
    (11) During the medical examination and treatment, the disabled person is entitled to request information about medical procedures that apply, the potential risk posed by their therapeutic effectiveness and about alternative methods also about diagnosis, prognosis and development of recommendations about treatment and prevention in an accessible format.
    (12) The medical care of women with disabilities are taken into account their special needs, including gynecological treatment and advice on family planning and reproductive health.
    (13) In addition to services provided in the unique program of mandatory health insurance, local authorities will provide people with disabilities and other health services, including free or discounted dental prosthetic price within available funds .

    Article 43. Medical and social rehabilitation people with disabilities
    (1) central and local authorities to organize and contribute to the formation and development of medical and social rehabilitation of persons with disabilities to help them achieve and maintain an optimal level of physical, intellectual, psychological and / or social, providing them together means to change lifestyle and achieve greater independence.
    (2) specialized health care institutions provide disabled people with articles and specialized rehabilitation equipment (ocular prostheses, hearing aids, means tiflotehnice, optical, etc..) In accordance with the law.
    (3) People with disabilities are entitled to free balneotherapeutic rehabilitation or partial payment if it is provided in individual program of rehabilitation and social inclusion, and is made according to regulations approved by the Government.
    (4) People with incurable diseases or terminal have the right to palliative care, providing for physical needs, mental, emotional and spiritual needs of patients and their families.
    (5) Any person with disabilities has the right to reduce suffering and pain reduction through all available legal means and methods, determined the current level of medical science and the real possibilities of health care provider.
    (6) People with disabilities are entitled to, if necessary, for nursing home services rendered as provided by law.
    (7) Funds required to implement the provisions of this Article shall allocate the expense and within the means provided in the central and local budgets.

    Article 44. Early intervention
    (1) early intervention services are offered medical and social services to children's physical, including vision and hearing, cognitive development, communication development, social development, development of psycho-emotional and adaptive.
    (2) early intervention services are offered by medical institutions and organizations specialized in the provision of medical and social services, regardless of its ownership and legal form of organization, operating in accordance with law.
    (3) early intervention services shall be performed by qualified personnel, the maximum volume adapted to the child, in a normal family and community.
    (4) funding early intervention services to provide the means the compulsory health insurance funds or, where appropriate, grants, donations and other sources as required by law.
    (5) The framework of activity and minimum standards of quality early intervention services approved by the Government.

    Article 45. Individual program of rehabilitation and social inclusion of persons with disabilities
    (1) rehabilitation and social inclusion of persons with disabilities shall be in accordance with general guidance in the individual program of rehabilitation and social inclusion established by the Council or its territorial structures, and the specific activities and services developed and offered by the authorities responsible for medical, social, educational and professional place of residence of person.
    (2) The individual program of rehabilitation and social inclusion for people with disabilities are developed set general recommendations for activities and services in the medical, social, educational and professional person needs in the process of social inclusion.
    (3) The responsible authorities in the medical, social, educational and professional place of residence for people with disabilities in the general recommendations of the individual program of rehabilitation and social inclusion, develop and implement specific activities and services for the person concerned.
    (4) individual program of rehabilitation and social inclusion and activities and services referred to in para. (3) are binding for people with disabilities to appropriate state bodies, also for businesses, institutions, organizations and businesses regardless of ownership.

Chapter VII - SOCIAL PROTECTION OF PEOPLE DISABLED


    Article 46. Social security of persons with disabilities
    (1) Persons with disabilities are entitled to social security benefits in accordance with applicable law.
    (2) If you do not qualify for the payment of social security disability benefits from social assistance in accordance with applicable law.
    (3) Evidence of disabled people who receive social security benefits made by the National Social Insurance and its territorial structures.

    Article 47. Welfare of persons with disabilities
    (1) Persons with disabilities are entitled to social assistance in accordance with applicable law.
    (2) Social assistance is provided in the form of social benefits and social services.

    Article 48. Social assistance offered to people with disabilities
    (1) Persons with disabilities are entitled to compensation, benefits, compensation, welfare and other social benefits, to minimize or eliminate the effects of social risk consequences.
    (2) The financing of social assistance benefits are achieved from the state budget, local budgets and extra-budgetary sources (donations, sponsorships) as required by law.
    (3) Evidence of disabled people who receive social assistance are made by local authorities, for benefits paid from local budgets, or by the National Social Insurance and its territorial structures, for benefits paid from the budget State.
    (4) The granting of social assistance benefits shall be established by special legislation.

    Article 49. Compensation for travel transport and transport services
    (1) Persons with severe disability and increased, children with disabilities and persons accompanying a person with severe disability or a disabled child are given, the place of residence by local authorities, compensation from local budgets public transport travel urban, suburban and interurban (except taxi).
    (2) persons with locomotor disability benefits, in addition, the annual compensation for the costs of transport services, and severe motor disability may elect to request the right to import, with certain exemptions, a transportation over abroad according to law.
    (3) The award of compensation, and how to record and import vehicles are set by the Government.

    Article 50. Facilities for People with disabilities
    (1) Persons with disabilities benefit from various facilities in the form of exemptions and reductions in accordance with applicable law.
    (2) Facilities shall in particular areas: services, procurement of goods, issuing the documents and pay various contributions (fees, taxes).
    (3) The offering of facilities is determined by special legislation.

    Article 51. Providing people with disabilities with technical aids
    People with disabilities have the right to make partial payment or free of technical aids, based on prescriptions, which were provided by Experimental Republican Center Prosthesis, Orthopedics and Rehabilitation and other specialized institutions established by the Government.

    Article 52. Social services
    (1) the rehabilitation and social inclusion, people with disabilities have basic social services, specialized and highly specialized, in accordance with applicable law.
    (2) type of social service to benefit the disabled person is determined by the recommendations contained in the individual program of rehabilitation and social inclusion and is based on its initial assessment and / or complex individual / family, carried out by assistant employee social welfare territorial structure to work within the municipality and the multidisciplinary team, and adapted to the needs of the person concerned.
    (3) The social services for people with disabilities, providers will ensure the involvement of qualified staff and volunteers, based on the individual needs of persons with disabilities.
    (4) Evidence of disabled beneficiaries of social services carried out by local authorities, regional structures and social assistance providers.
    (5) The granting of social services is established by special legislation.

    Article 53. Social care services at home and personal assistance service
    (1) The territorial structure of social welfare following services:
    a) social care services at home - for people with disabilities lack support from children, the extended family, as well as from other people (friends, relatives, neighbors) who need help from another person as recommended in individual program of rehabilitation and social inclusion complex as assessed by the person / family, made by social worker employed by the territorial structure of social assistance for the city and the multidisciplinary team;
    b) personal assistance services - for people with severe disabilities that require care, accompanying and constant supervision from another person in their integration in society (in the fields of social, labor, health, educational, information, access infrastructure, etc..), as recommended in the individual program of rehabilitation and social inclusion complex as assessed by the person / family, social worker made the territorial structure employee social assistance for the city and the multidisciplinary team.
    (2) social home care service is provided by the social worker.
    (3) personal assistance service is provided by the personal assistant.
    (4) Local authorities are responsible for the employment of social workers and personal assistants, in accordance with applicable law.
    (5) Training of social workers and personal assistants will be made by the responsible institutions based on a curriculum developed and approved by the Ministry of Labour and Social Protection.
    (6) Rules of organization and functioning of social care services at home and personal care and working hours for social workers and personal assistants are approved by the Government.
    (7) The beneficiaries of social services specified in par. (1). a) and b) may elect, upon request, in exchange for services provided, entitled to a carer's allowance, cover and supervision in accordance with applicable law.

Chapter VIII - AUTHORITIES OF INCLUSION FOR PEOPLE WITH DISABILITIES

    Article 54. National Council for rights persons with disabilities
    (1) Monitor the implementation and promotion of national policy on social inclusion of people with disabilities is conducted by the National Council for the Rights of Persons with Disabilities.
    (2) National Council for the Rights of Persons with Disabilities is an advisory body to set in order to monitor and promote implementation of state policy in the field (legislation, strategies, programs, action plans, etc..) And the UN Convention on the Rights persons with disabilities, to provide for this population to achieve equal opportunity rights and fundamental freedoms at the same level with other members of society.
    (3) The composition of the National Council for the Rights of Persons with disabilities between representatives of the central and local nongovernmental organizations and representatives of public organizations whose sphere of activity includes the issues people with disabilities.
    (4) Chairman of the National Council for the Rights of Persons with Disabilities is a deputy prime minister responsible for social and is vice minister of labor, social protection and family.
    (5) National Council Secretariat rights of disabled people appointed by the Government to achieve the purposes specified in par. (2) in different sectors and at different administrative levels.
    (6) The nominal composition and regulation of activity of the National Council for the Rights of Persons with disabilities shall be approved by the Government.

    Article 55. Public administration authorities central
    (1) Ministry of Labour and Social Protection is the central body of government empowered to develop, promote and realize the state policy on social protection of disabled persons also ensure coordination and evaluation of functionality of their social inclusion people.
    (2) other central public administration authorities are responsible for social inclusion of people with disabilities within their functional skills in accordance with applicable law.
    (3) The development of social protection policy for people with disabilities, the Ministry of Labour and Social Protection and other central public administration authorities shall consult the National Council for the Rights of Persons with disabilities and representatives of civil society.
    (4) The development and approval of sectoral policies, other central public administration authorities shall consult with the Ministry of Labour and Social Protection, the National Council for the Rights of Persons with disabilities and representatives of civil society to assess the impact of these policies on inclusion system social people with disabilities.
    (5) In assessing the functioning of the social inclusion of people with disabilities, Ministry of Labour, Family and require support, information, reports from central and local authorities, the National Council for the Rights of Persons with Disabilities, the civil society and other stakeholders in the process.

    Article 56. Local authorities
    (1) Local authorities, in collaboration with civil society, social policy made the disabled and law enforcement in the territories.
    (2) Social assistance for persons with disabilities is provided by local authorities through its structures (sections / departments of social assistance and family protection, education, culture, sport) and to other state bodies in accordance with applicable law.
    (3) Local authorities:
    a) review and evaluate social problems of disabled people in the territory belonged, and the results, approve and develop local programs of social assistance for this group, exercise control over their implementation;
    b) establish, independently or in partnership with civil society, basic social services and social services specialized for people with disabilities, providing human, material and financial resources necessary for their proper functioning;
    c) may provide additional facilities for disabled people on access to medical, social, commercial, transport, telecommunications and other social services.
    (4) The development and approval of local programs of social inclusion, local government shall consult with the Ministry of Labour and Social Protection, National Council for the Rights of Persons with disabilities and representatives of civil society to assess the impact of these programs on the system of inclusion social people with disabilities.

Chapter IX - NGO OF PERSONS DISABLED

    Article 57. The right of persons with disabilities to create public associations
    (1) In order to protect their rights and interests, in order to provide mutual support and provision of services, people with disabilities and they are allowed to create public associations as provided by law.
    (2) People with disabilities have the right to join voluntary associations to be represented at international, national, regional and local level.
    (3) Local authorities supports associations of people with disabilities and organizations representing their interests, including placing them with offices and equipment required for operation.

    Article 58. Distribution of housing built in means associations of persons with disabilities
    Homes built or purchased by associations of people with disabilities do not become alienated from their own means and their distribution remains up associations concerned, in accordance with the law.

    Article 59. External relations associations persons with disabilities
    (1) According to its statute, associations of persons with disabilities can join the national and international associations may maintain direct relationships with these associations also may conclude cooperation agreements with them in accordance with national legislation and international force.
    (2) The State recognizes the right of associations representing people with disabilities to people with disabilities at national, regional and local consultative role of these joint decisions on those issues that are also participating in these associations to promote policy Inclusion of persons with disabilities.

Chapter X - FINAL AND TRANSITIONAL

     Article 60
     (1) This Law shall take effect upon its publication, except:
     a) Articles 12-16, which shall be implemented from January 1, 2013;
     b) Article 44 and Article 53 (1) b), which shall be implemented from January 1, 2013;
     c) the provisions of Article 49 (2) and (3), concerning the right to import, with certain exemptions, a transportation abroad, which shall be implemented from January 1, 2014.
     (2) Upon entry into force of this Law, the Law no. 821-XII of 24 December 1991 on social protection of invalids and Parliament Decision. 822-XII of 24 December 1991 to implement the Law on social protection of invalids.

     Article 61
     Within 12 months after entry into force of this Act, the Government:
     a) Develop and submit proposals to bring legislation into conformity with this Law;
     b) bring its legislation in conformity with this law.

Law nr. 92 Adopted on 26.04.2012

Chapter I - GENERAL PROVISIONS


    Article 1. Object and purpose of law
    (1) This Act establishes the legal and institutional framework for controlling medical devices, active implantable medical devices, in vitro diagnostic medical devices in use and used hereinafter medical devices and for controlling the marketing, distribution and supply of services in medical devices.
    (2) The provisions of this law apply to medical devices and accessories when accessories are used with a device to allow its use for its intended purpose. In this law, the accessories are interpreted as medical devices.
    (3) The purpose of this law is to ensure optimal conditions for providing quality medical devices on the market, effective and safe, to ensure quality of medical services, protect and promote health.

    Article 2. Definitions
    In this law, the following definitions apply:
    Medical device - instrument, apparatus, equipment, material or other article, whether used alone or in combination, including the software intended by its manufacturer to be used specifically for diagnostic and / or therapeutic purposes and necessary for proper application , for the manufacturer to be used for human purposes:
    - Diagnosis, prevention, monitoring, treatment or alleviation of disease;
    - Diagnosis, prevention, monitoring, treatment, alleviation or compensation for an injury or handicap,
    - Investigation, replacement or modification of anatomy or physiological process;
    - Control of conception,
    and fulfills its principal intended action is not in / or the human body by pharmacological, immunological or metabolic means, but whose operation can be assisted by such means;
    active medical device - medical device whose operation is based on a source of electricity or any power source other than that generated by the human body or gravity;
    active implantable medical device - medical device asset is intended to be placed, wholly or in part, by medical or surgical intervention, and remain implanted in the human body or in its hole;
    accessory - article, although not a medical device is particularly intended to be used with a device to enable its use for the purposes intended by the manufacturer;
    in vitro diagnostic medical device - medical device is a reagent, reagent product, calibrator, control material, kit, instrument, apparatus, equipment or system, whether used alone or in combination, intended by the manufacturer for use in vitro examining evidence, including blood and tissue donations, derived from the human body, solely or mainly for the purpose of obtaining information:
    - Physiological or pathological status of an anomaly or defect;
    - To determine the safety and compatibility with a potential recipient;
    - To monitor therapeutic measures.
    Specimen receptacles are considered in vitro diagnostic medical devices. Sample containers are vacuum devices or not, specifically intended by the manufacturer to keep the original and preservation of evidence obtained from the human body for in vitro diagnostic examination;
    individual device custom - made medical device as prescribed by qualified medical practitioner that develops under its construction characteristics of the device intended for a particular patient. Limitation may also be issued by any other person authorized by virtue of his professional qualifications. Medical device product range to be adapted to meet the specific requirements of a qualified medical practitioner prescription or other authorized person is not considered individually control device;
    device intended for clinical investigation - device intended to be used by qualified medical practitioner when a clinical investigation result in an appropriate clinical setting. The goal of achieving clinical investigation, any person who, by virtue of his professional qualifications, is authorized to conduct such investigations will be accepted as equivalent to qualified medical practitioner;
    conformity assessment - a process which evaluates and demonstrates that there were specific requirements for medical devices;
    Registration - a document completed action providing objective evidence of activities performed or results in medical devices;
    Essential requirements - requirements established by national technical regulations for national security, life safety of medical devices, health and human security for the animal and plant, environment and material goods for the purpose of protection of consumer interests, including prevention practices misleading consumers regarding the composition, purpose, origin, quality and safety of medical devices;
    notified body - conformity assessment, legal entity based in Moldova, designated Medicines and Medical Devices Agency and approved by the Ministry of Health for the evaluation of medical devices compliance, according to the procedure established by the Government;
    monitoring of use - set of measures that ensure and confirm the reliability and performance, as intended, the whole life of the detection device and incidents in their use;
    incident - defects that cause or could cause fatalities, injuries or serious damage to health of the patient, user, or third persons that affect environmental quality and defects which, through repetition, produce disturbances in the medical, economic loss , time and other data;
    register - all the information documented, entered manually and / or automated information system, on medical devices, manufacturers and suppliers of medical devices;
    manufacturer - natural or legal person having the responsibility to design, produce, pack and label medical device delivered to the market under his own name, whether this function is performed by itself or by a third party on its behalf ( responsible for making available on the market). The term also applies to natural or legal person who assembles, packages, processes, refurbishes and / or label products and / or their assigned destination medical device with the intention of making available on the market under his own name. The term does not apply to persons who are not producers for the purposes of this definition, assembles or adapts devices already on the market care for the patient;
    intended purpose - use medical device is intended according to data provided by the manufacturer on the label, instruction and / or promotional materials (trade literature);
    making available on the market - the market supply of medical devices for distribution, consumption or use during a business in return for payment or free;
    marketing - making available on the market for the first time a medical device;
    authorized representative - natural or legal person established in Moldova, specifically designated by the manufacturer and acting and can be contacted by authorities and bodies empowered instead of the manufacturer on its obligations specified in this Law;
    device for self - medical device intended by the manufacturer for use at home;
    device for performance evaluation - medical device designed by the manufacturer to be subject to one or more performance evaluation studies in laboratories for medical analyzes or in other appropriate locations outside their offices;
    clinical data - information on safety and / or performance from the use of a medical device. Clinical data obtained from:
    - Clinical investigation of the device concerned;
    - Clinical investigation or other studies referred to in the literature, having as its object a device similar equivalence can be demonstrated with the device;
    - Published and / or unpublished reports on other clinical experience, or the device in question, or a similar medical device for which equivalence can be demonstrated with the device;
    measuring device according to - the instrument, equipment, installation, reference material and possessing standardized metrological characteristics of measuring which provides independently or in combination with one or multiple devices.

    Article 3. Medical devices incorporating medicinal substances
    (1) If a device is designed for taking drugs, it is regulated by this law, without prejudice to the law on drugs.
    (2) If such a device is made available on the market in a form the device and form a single drug product designed exclusively for use in combination once and is not reusable, that device will be considered drug.
    (3) Where a device incorporates as an integral part a substance which, if used separately, can be considered a medicinal product constituent or a medicinal product derived from human blood or plasma and can have on human body action ancillary to that of the device, that device is subject to this law.

    Article 4. Providing market
    (1) Medical devices can be made available on the market, put into service or used unless they have undergone conformity assessment and are registered under this law, so as not to affect the safety and health of patients, users and, where appropriate, others and the environment.
    (2) manufacturers of medical devices are required, before putting into operation and use of medical devices have reacted to these devices undergo conformity assessment procedures for conformity assessment according to medical devices, set by the Government, transposing EU directives applicable to medical devices.
    (3) medical devices sold, distributed, be put in place and maintained for use in the intended purpose.
    (4) medical devices must meet the essential requirements of the Government decision to implement European directives applicable to medical devices. Medical devices are deemed to comply with the essential requirements in case the corresponding harmonized European standards.

    Article 5. Certification and registration procedures
    Medical devices are certified and / or recorded on conformity assessment procedures established by the Government.
    Article 6. Exceptions to application
    This law does not apply:
    a) drugs;
    b) cosmetic products;
    c) human blood, human blood products, human plasma or human blood cells or devices incorporating, when making them available on the market such products derived from blood, plasma or cells;
    d) transplants or tissues or cells of human origin and products incorporating or derived from tissues or cells of human origin;
    e) transplants or tissues or cells of animal origin, unless a device is manufactured utilizing animal tissues viable or viable products derived from animal tissue;
    f) personal protective equipment. If it decides that such a product falls within this law, shall be taken into account in particular the main intended purpose.

Chapter II- Authorities and Body Mandated in Medical Devices


    Article 7. Medicines and Devices Agency Medical
    (1) Medicines and Medical Devices Agency (hereinafter Agency) under the Ministry of Health, with legal person status, authorized to exercise management functions of medical devices, with priority objectives focused on implementing the legal framework has the following main areas of activity :
    a) monitoring of supplies and equipment to medical devices, especially in public medical institutions, and implementation of national programs;
    b) market surveillance procedures under this law, including by authorizing the importation of medical devices;
    c) monitoring the quality of products on the market;
    d) ensuring health information system in medical devices;
    e) ensuring the implementation of quality standards and protection;
    f) monitoring and verification of results on management of medical devices in accordance with procedures approved by the Government;
    g) creating and maintaining the register of medical devices according to Law. 71-XVI from 22 March 2007 on registers;
    h) conducting centralized procurement of medical devices for public health care institutions.
    (2) Rules of organization and functioning, structure and limit the Agency is approved by the Government.
    (3) Agency is the competent authority and decision-making in medical devices.

    Article 8. Commission for Medical Devices
    (1) Commission for medical devices is a body of experts in medical fields, which can be trained and experts in fields other than medical.
    (2) Commission for medical devices, together with the Agency organize the clinical investigation of medical devices on human subjects, according to regulations.
    (3) Composition, organization and powers of the Commission for medical devices approved by the Government.

    Article 9. The Minister for Health
    In medical devices, the main tasks of the Ministry of Health are:
    a) approve the nomination list of notified bodies on proposals by the Agency;
    b) develops and promotes policies on medical devices.

    Article 10. Conditions and additional documents Licensing Activities medical devices
    (1) Production, marketing, technical support and repair of medical devices, including optics, is carried out under license issued by the Licensing Board as provided by law.
    (2) The conditions of licensing are:
    a) the licensed activity in accordance with legal and regulatory framework;
    b) ensuring that legal metrological control of measuring instruments used in health and public safety;
    c) in a visible indication of commodity prices and tariffs for services in a form;
    d) permit holding facilities, fire, environmental and occupational safety;
    e) Availability of space with an ownership or rental for licensed activity;
    f) Availability of specialists (engineers, bioengineering).
    (3) The license statement for medical devices are attached the following additional documents:
    a) copy of the deed or lease agreement will run the building where the licensed activity;
    b) copies of documents confirming the right business studies, including areas required;
    c) copies of documents confirming the continuous training and certification in areas required;
    d) certificate of equivalence of the diploma obtained abroad, issued as provided, as appropriate.

    Article 11. Suspension and revocation of license
    (1) serve as grounds for license suspension:
    a) violation of the requirements provided in art. 10;
    b) lack of the property or expiration of the tenancy of the property where the licensed activity;
    c) mismatch of the studies of persons employed with the types of activities performed;
    d) non-normative acts in force in the field, including regulation / statute of organization and functioning of the institution.
    (2) serve as grounds for license revocation:
    a) conduct by the licensee to other matters than that specified in the license;
    b) activity to another address than the one indicated in the license;
    c) provide market and marketing of medical devices without documents of origin, certified, registered, marked accordingly;
    d) engage in illegal activities of the licensee, seized by the authorities responsible for regulation and control;
    e) the final decision of the court.

    Article 12. Powers Agency
    In medical devices, the Agency's main tasks are:
    a) the criteria established by the Government on the designation and notification of conformity assessment bodies for medical devices, proposed to the Ministry of Health on the nomination list of notified bodies, whose technical competence is determined by the national accreditation body recommendations;
    b) continuously monitor and estimate the activity of notified bodies, to withdraw the notification if they do not have adequate technical competence;
    c) decide on the classification of a medical device if the dispute between the manufacturer and notified bodies;
    d) authorize, in special cases (disasters, catastrophes, epidemics, epizootics, mass poisoning, in other cases that threaten human health, the absence of market substitutes or medical devices), making available on the market and putting into operation medical devices authorized in Moldova, but allowed the country of origin;
    e) authorizes the program for the investigational procedure using medical devices intended for clinical investigation with the Commission for medical devices, may require the manufacturer or his authorized representative at the end of the investigation report;
    f) participate in development programs in health care standards to harmonize standards with European directives for medical devices;
    g) coordinates regulations and standards, except for national standards relating to medical devices;
    h) aims that by reviewing the rules and regulations on medical devices to comply with harmonized European and international standards;
    i) comply with international recommendations on medical devices occurred in other areas if these recommendations are within the regulated area;
    j) coordinates the surveillance of medical devices;
    k) to order provisional measures to withdraw the medical devices market if they produce incidents;
    l) restrict or prohibit the right to use medical devices if they generate incidents;
    m) prohibit the production and / or marketing of unregistered medical devices if they are made available on the market;
    n) advising the activities of manufacturing, marketing, import, repair, testing and commissioning of medical devices in accordance with the conformity assessment procedures, to include natural persons and legal activities Register of medical devices;
    a) registered in Moldova certified medical devices, medical devices CE marked, certified by notified bodies published in the Official Journal of the European Community or the accredited conformity assessment bodies which have concluded international recognition by recording register their devices;
    p) provides certification of competence natural or legal persons responsible for making available on the market of medical devices, with their inclusion in the Register of authorized distributors of medical devices;
    q) develop guidance on the conditions for obtaining advice and records to be approved by order of the Ministry of Health and published in the Official Gazette of the Republic of Moldova;
    r) authorize the importation of medical devices;
    s) perform other duties prescribed by law.
    Article 13. Powers of assessment bodies
                          conformity
    Notified bodies shall carry out conformity assessment of medical devices in accordance with the conformity assessment procedures in government decisions transposing European directives applicable to medical devices.

Chapter III - Classification of Medical Devices


    Article 14. Classification of medical devices
    (1) Medical devices are grouped into classes I, IIA, IIB and III, depending on the risks of use.
    (2) criteria for the classification of medical devices are defined in the Annex to this Law.

    Article 15. Conflicts of classification
    In case of dispute between the manufacturer and the notified body responsible for conformity assessment on a medical device classification rules resulting from the application of the device, they are required to notify the Agency.

Chapter IV - The Free Movement of Medical Devices Certificates and the Intended Purposes Special


    Article 16. CE MS
    (1) Devices other than those ordered or intended for clinical investigation must bear the conformity mark SM the availability on the market.
    (2) SM marking of conformity shall be affixed to the device or, where appropriate, its sterile packaging in a visible, legible and can not be deleted, and the manual. Where applicable, mark MS will be applied on the consumer packaging.
    (3) shall be accompanied by the identification number of the notified body to assess compliance.
    (4) The affixing of markings or inscriptions which are likely to mislead third parties regarding the meaning or the graphics of the mark MS. Any other marking may be affixed to the device, the packaging or instructions for the device, provided that it does not reduce visibility and legibility of marking MS.

    Article 17. Devices for clinical investigations
      Testing devices for clinical investigations carried out in accordance with regulations approved by the Government.

    Article 18. Language information
    (1) Information accompanying medical devices and are available to the user and / or the patient will be exposed to language or, where appropriate, international languages ​​(English, Russian).
    (2) records and correspondence relating to conformity assessment procedures shall be made mandatory in the state.

Chapter V - Standards of Medical Devices


    Article 19. The essential
    Essential requirements are those required medical devices specified in international standards and national ones.

    Article 20. National standards related
    List related national standards endorsed by a national standards body, approved by order of the Ministry of Health and published in the Official Gazette of the Republic of Moldova. List of national standards related to updates whenever necessary.

Chapter VI - Supervision Of Medical Devices


    Article 21. Supervision of medical devices
    (1) The purpose of surveillance of medical devices is to ensure that the manufacturer duly fulfills the obligations imposed by the approved quality system.
    (2) The manufacturer must allow the notified body to carry out necessary inspections, putting at its disposal all relevant information, including:
    a) quality system documentation;
    b) the data stipulated in section design of the quality system, such as results of analyzes, calculations, tests, etc..;
    c) the data stipulated in section manufacturing quality system, such as records of inspections and test data, calibration data, qualification reports of the personnel concerned, etc..
    (3) medical device vigilance procedure is established by the Government.

    Article 22. Incidents
    (1) After an assessment of the incident by the body other than the one that has approved medical devices with the manufacturer, if possible, the Agency, together with the manufacturer or his authorized representative, shall take measures required by regulations normative.
    (2) If incidents occur mismatch caused by medical devices to the essential requirements of the incorrect application of standards and the disparity between standards, the Agency will take appropriate action.

    Article 23. CE incorrectly applied
    If inadequate medical devices bearing the CE marking, the Agency is required to notify the Commission within 72 hours after discovery.

    Article 24. Responsibility for monitoring
    Responsible for supervising medical devices in use is users and aims to provide original quality, security and performance level as intended. In this regard, users are required:
    a) to establish and implement a monitoring program of medical devices that takes into account risk, the use and complexity;
    b) Make periodic review, maintenance and repair of medical devices;
    c) communicate to producers and agency any incident during use;
    d) Agency to report all medical devices available in the unit, recorded in the accounts as assets, regardless of how purchasing them.

    Article 25. Actions under the supervision
    (1) The Agency shall take measures to recall or ban the use of medical devices, under regulations approved by the Government.
    (2) The measures specified in par. (1) shall immediately notify the interested party. It shall inform the Agency about possible remedies and the time limit required of such remedies.

    Article 26. The manufacturer
    (1) If the measures referred to in art. 25, the manufacturer or his authorized representative must be able to express their point of view, except that direct consultation is not possible because the measure must be taken urgently, and thus endangered the health and safety of patients and / or users.
    (2) The manufacturer or, where appropriate, his authorized representative is required to provide service and spare parts for medical devices that provide the market for a period of 10 years.

    Article 27. Notified body
    The notified body shall inform the Agency about all certificates suspended or withdrawn and, on request, will provide all information according to Law. 422-XVI of 22 December 2006 on general product safety.

Chapter VII - Sanctions


    Article 28. Liability
    (1) Violation of this law will result in disciplinary, material, civil or, where appropriate, criminal under the law.
    (2) For misdemeanors, the supervising agency may order the suspension of production and / or availability of medical devices market.

    Article 29. The contraventions and fines
    The contraventions and enforcement fines are agency staff and staff notified bodies appointed for that purpose.

Chapter VIII - Database


    Article 30. State Register of devices medical

    To track medical devices subject to conformity assessment, producers and suppliers of medical devices is established the State Register of medical devices under the law. Responsible for creating and managing the State Register of medical devices is the Ministry of Health.

For more information see the Health Care Legislation of Moldova
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