The profession of physicians is one of the most difficult professions in the world, for physicians voluntarily assume responsibility for the fate of other people.

Considering this fact, the Armenian legislator should grant special rights to doctors, in order to protect them from abuse of their rights by patients and the possibility of resorting to manipulation by doctors.

The specifics of doctors’ rights stem from the fact that doctors have an important role in society. The medical profession is characterized by particular complexity and the excessive responsibility of doctors.

The Armenian legislation should contain such legal norms, which would ensure not only the moral and material independence of Armenian doctors, but also their professionalism. This is the ideal system for the protection of the rights of physicians, which we must all strive hard to achieve.

The Armenian legislator must uphold the high social status of the profession in the medical field.

The rights of physicians are enshrined by the Armenian legislator in Chapter 3 of the Law of the Republic of Armenia “On Medical Care, Service to the Population,” which is titled as follows: “Persons Providing Medical Care, Services, Their Rights and Obligations.” The law was adopted on March 04, 1996.

Like any other person, the doctor has the right to have his/her honor, dignity and professional reputation protected by this Law, as well as by the Constitution of the Republic of Armenia.

Doctors have the right to quality education, both at the basic level and at the postgraduate level, because they need constant improvement and study the latest achievements in medical science and practice due to the complexity and volume of their profession.

It is important to know that any doctor has the right to refuse to treat the patient, but on condition that it does not endanger the patient’s life and health. And the reason for refusal must be a lack of mutual trust, for example, if the patient does not comply with medical prescriptions in part or in full. A physician’s refusal in such a case is acceptable, as treatment under such circumstances would not be able to contribute to the best care for the patient.

In order to make the refusal legal, the doctor must perform certain formal actions, namely inform his superior or the relevant health authority of his refusal of a particular patient.

In the Republic of Armenia, the physician has the right to use the means of communication, transportation belonging to organizations or citizens without hindrance and free of charge, but only if the patient’s life is in danger. The doctor has the right to use another person’s means of transportation only for the purpose of transporting the patient to the nearest medical institution.

The norms of the Labor Code of the Republic of Armenia also apply to medical workers. The doctor is endowed with similar labor rights, such as:

• The right to work in proper working conditions, including the provision of the necessary equipment for physicians to perform their work duties as established by Armenian law.
• The right to professional retraining at the expense of the medical institution in accordance with the labor legislation of the Republic of Armenia.
• The right to incentives depending on the level of qualification, volume and quality of work, the specificity and complexity of the work, as well as the concrete results of the activity.
• The right to join trade unions.
• The right to professional insurance.

Based on the above-mentioned, medical workers have the right to the basic guarantees stipulated by the Constitution of the Republic of Armenia, the RA Labor Code, the RA Law “On Medical Care, Services to Population” and other normative legal acts of the Republic of Armenia.

But let us not forget that every right is limited by certain responsibilities, which are set down by laws of the Republic of Armenia. In medical relations, the patient’s obligations are translated into the rights of his or her physician.

As doctors provide services of a medical nature, their legal relationship with their patients is also regulated by the Law of the Republic of Armenia “On the Protection of Consumer Rights”.

According to this law, the doctor acts as a performer and the patient as a customer (consumer).

In order to engage in medical activities in the Republic of Armenia, in some cases it is mandatory to have a permit, certificates, and work experience. Moreover, Article 20 of the RA Law “On Medical Care, Service to Population”, imposes the obligation on certain representatives of medical personnel to undergo medical examinations and checkups before and at different times of employment.  This obligation is dictated by the purpose of ensuring the safety of hygiene of members of Armenian society, to prevent and pass prevention of contagious and other diseases, the occurrence of which is possible because of their work.

Further, Article 19 of the RA Law “On Medical Care, Service to Population” determines the list of responsibilities of those who provide medical services in the Republic of Armenia.

So, the doctor working in Armenia is obliged to provide first aid of medical nature, regardless of any factors. For example, regardless of the presence or absence of grounds guaranteeing payment for the rendered medical service.

The doctor in Armenia must ensure the quality and level of care provided to the patient, inform everyone about the type, method, extent and conditions of the medical help and provide necessary information about the health of the patient and his/her expenses.

The Armenian legislator has given doctors the duty of medical confidentiality.

Pursuant to the Constitution of the Republic of Armenia, medical secrecy refers to information related to professional activities, access to which is categorically limited.

Violation of this obligation may entail either administrative or criminal liability, depending on the extent and the nature of the harm caused to the patient due to the disclosure of information related to his or her health.

Doctors in Armenia also have a duty of care and respect towards their patients, and not only from the legal standpoint but also from the ethical and cultural standpoints of the Armenian people.

In conclusion, we would like to note that the legal relations between the doctor and the patient are also regulated by the subchapter of the Civil Code of the Republic of Armenia devoted to agreements on rendering services on indemnity.

According to Article 777 of the Civil Code of the Republic of Armenia, the main obligation of the provider is to provide the service. This article also states that the provider is obliged to provide the service personally, unless, of course, the contract stipulates otherwise.