Statutes - Institute for Patients' Rights and Health Education

Statutes

Foundation Institute for Patients' Rights and Health Education

 

Consolidated text 

I. GENERAL PROVISIONS

§ 1.

The Foundation named "Institute for Patients' Rights and Health Education" - hereinafter referred to as the "Foundation" - established by Arkadiusz Nowak, hereinafter referred to as the "Founder", by means of a notarial deed in the notary's office of Jolanta Bujalska in Warsaw under the number Repertory no. 3878/2004 of 22.10.2004, acts pursuant to the provisions of the Act of 6 April 1984 on foundations, Journal of Laws no. 46 of 1991, item 203.

§ 2.

The seat of the Foundation is the capital city of Warsaw.

§ 3.

The competent Minister is the Minister of Health.

§ 4.

The Foundation's area of operation is the Republic of Poland.

For the proper fulfilment of its social objectives, the Foundation may operate in the country and abroad.

(3) In order to fulfil its statutory tasks, the Foundation may establish permanent and temporary field offices. 

§ 5.

1 The Foundation may carry out paid and unpaid public benefit activities.

The Foundation does not carry out business activities.

The Foundation allocates all income to its statutory activities.

(4) The activities of the Foundation are based on the voluntary work of those who support the activities of the Foundation and the work of those employed by the Foundation. 

§ 6.

The Foundation may use an abbreviated name as follows: "Institute for Patients' Rights and Health Education", and may use a distinctive logo. 

§ 7.

The Foundation has the right to use badges and seals in accordance with the regulations in force in this regard:

1 It will use the seal: "Institute for Patients' Rights and Health Education".

(2) The Foundation may establish badges and medals of honour as well as scholarships and distinctions to be awarded to natural and legal persons of merit for the purposes chosen by the Foundation.

 

II. OBJECTIVES OF THE FOUNDATION

§ 8.

The Foundation is established to disseminate health-related topics, in particular:

1) Disseminate to the public the rights of patients and how to enforce them.

2) Support measures to improve compliance with patients' rights.

3) To promote actions to improve the health of the population and health-seeking attitudes.

4) To develop and support systemic solutions aimed at the welfare of the patient, including the rational use of funds and contributions allocated to health care.

 III. MODES OF OPERATION OF THE FOUNDATION

§ 9.

In order to achieve its objectives, the Foundation may undertake, inter alia, activities in the field of:

1. initiate, support and conduct social and educational campaigns to improve knowledge of patient rights and health-seeking attitudes.

2. organise and conduct training, debates, workshops, conferences and other events related to health care issues.

3. support and activate patient and other vulnerable groups, especially older people.

4. education and awareness-raising in the area of patients' rights and state health policy.

5. conduct studies and research on topics related to patient rights and health education.

6. cooperation with state bodies, local authorities, non-governmental organisations and professional organisations, in particular patient organisations, in the field of patients' rights and health education.

7. international cooperation in the area of patients' rights and health education.

8. work to build solutions for creating and respecting the rights of patients and other vulnerable people in Poland.

9. promote the activities of the Foundation and cooperate with the media.

10. legal, organisational and factual advice to patients, their carers and other vulnerable people.

11. production of reports, analyses, studies.

12. to carry out publishing activities.

13. other forms of educational activities.

 

§ 10.

(1) The Foundation may undertake all legal and factual actions, including raising funds from natural and legal persons, in order to fulfil its statutory tasks.

(2) The funds referred to in paragraph 1 may also be used to finance projects to support patient health care.   

   IV. ASSETS OF THE FOUNDATION

§ 11.

The Foundation's assets consist of the Founder's Fund in the monetary amount set out in the notarial deed of its establishment and the assets acquired in the course of the Foundation's activities. 

§ 12 .

The Foundation's assets are, in particular:

Funds provided by funders irrespective of the amount specified in § 11, Bequests, legacies, donations and grants from natural and legal persons from at home and abroad,Income from other sources.

§ 13.

(1) The assets of the Foundation shall be used to finance activities in furtherance of the purpose of the Foundation.

2. it is prohibited to:

1) granting loans or providing security for liabilities with the Foundation's assets in relation to its members, members of its bodies or employees as well as to persons with whom the Foundation's employees are married or in a relationship of kinship or affinity in a direct line, kinship or affinity in a collateral line to the second degree, or are related by adoption, custody or guardianship, hereinafter referred to as "related persons",

2) to transfer the assets of the Foundation for the benefit of the members of the Foundation, members of the Foundation's bodies or the Foundation's employees, as well as their relatives, on principles other than in relation to third parties, in particular if the transfer is made free of charge or on preferential conditions,

3) to use the assets for the benefit of the members of the Foundation, members of the Foundation's bodies or the Foundation's employees, as well as their close relatives, in a manner other than in relation to third parties, unless this use results directly from the statutory purpose of the Foundation,

4) purchase, on a special basis, goods and services from entities in which members of the Foundation, members of the Foundation's bodies or the Foundation's employees and persons close to them participate.

§ 14.

The Foundation is liable for its obligations with all its assets.

V. ORGANS OF THE FOUNDATION

§ 15.

The organs of the Foundation are:

1) The Foundation Council - the controlling body,

2) The Foundation Board - the executive body.

§ 16.

(1) The control body of the Foundation is the Foundation Council.

(2) The term of office of the Foundation Council is 3 years.

(3) The Council of the Foundation consists of 4 to 7 persons. Members of the Foundation's Council may be natural persons who have not been convicted by a final court judgement, who are not members of the governing body and who are not in a relationship of kinship and affinity, and who are distinguished by their professional and moral authority, and who by their social work wish to contribute to the achievement of the statutory objectives of the Foundation.

(4) The members of the Foundation Council are appointed and dismissed by the Founder.

(5) Members of the Council of the Foundation may serve for an unlimited number of terms.

6 Persons appointed to the Council of the Foundation:

1) perform their functions socially,

(2) may, at their request, receive reasonable reimbursement of expenses incurred in connection with their function.

(7) The Council of the Foundation, in a secret ballot, elects from among its members the Chairman of the Council and adopts the Rules of Procedure of the Council.

(8) Resolutions of the Council of the Foundation are passed by a simple majority of votes, except that resolutions on amendments to the Articles of Association of the Foundation require a majority of at least ¾ of votes, in the presence of at least 50% number of Council members. In the event of a tie, the Chairman's vote is decisive.

(9) Membership of the Council of the Foundation shall cease in the event of:

1) conviction by a final court sentence,

2) end of term,

3) dismissal by the Council of the Foundation by a simple majority at the request of the Founder, in the event of acting to the detriment of the Foundation,

4) resignation,

5) cancellation by the Founder,

6) death.

§ 17.

The powers of the Foundation Board include:

1) To resolve the liquidation of the Foundation,

2) Appointing and dismissing members of the Foundation's Board of Directors,

3) To give its opinion on the Foundation's activity plans,

4) To give its opinion on the Foundation's annual and multi-annual financial plans,

5) To carry out periodic audits of the Foundation's activities and financial management by delegated members of the Council,

6) Accepting the Board's periodic reports on the Foundation's activities,

7) To give an opinion on the annual accounts,

8) Setting the Council's rules of procedure.

9) Persons of particular merit to the Foundation, and those who make a special contribution to the benefit of patients, are entitled to be awarded the title of "Friend of the Patient" by the Foundation Council.

§ 18.

The Foundation Council meets at least twice a year.

§ 19.

(1) The Board of the Foundation is the executive body of the Foundation.

(2) The Board of the Foundation consists of 2 - 4 persons, i.e. the President, the Vice-President and the members of the Board. The Founder may also be a member of the Board.

(3) The term of office of the Board of the Foundation shall be 5 years. Members of the Board may hold office for an unlimited number of terms.

4 The work of the Board is directed by the President, who determines the division of work among the Board members.    

§ 20.

(1) The Foundation Board manages the Foundation's activities and represents the Foundation externally.

(2) The powers of the Board of Directors include the management of all the affairs of the Foundation, and in particular:

1) to adopt the Foundation's programmes of activities and determine the means of their implementation, to plan projects aimed at the development of the Foundation and determine the means of their implementation;

2) to adopt, by resolution, the Foundation's annual balance sheets,

3) the setting of salaries for those employed by the Foundation,

4) determining the amount of payment for services provided by the Foundation within the framework of its statutory objectives ,

5) making declarations of intent to accept an inheritance or a donation,

6) adopting amendments to the statutes ,

7) to conclude dispositive contracts, relating to the Foundation's assets, civil law contracts, contracts with employees.

8) to decide on all matters not reserved by the Statutes for other bodies.

    3 Membership of the Board of Directors shall expire in the event of:

1) conviction by a final court sentence,

2) end of term,

3) dismissal by the Council of the Foundation in the event of:

4) act to the detriment of the Foundation

5) fail to participate in the work of the Management Board

6) undertaking competitive activities,

7) resignation,

8) death.

§ 21.

The President and the Vice-President, acting alone, or two Board Members acting jointly, are authorised to represent the Foundation externally and, in particular, to make declarations regarding the Foundation's property rights and obligations.

§ 22.

Resolutions of the Board of the Foundation are passed by a simple majority of votes in the presence of at least 50% number of Board members. In the event of an equal number of votes - the President's vote is decisive.

§ 23.

In contracts between the Foundation and the members of the Board, the Foundation is represented by a person appointed by the Foundation Council.

 VI. WINDING-UP OF THE FOUNDATION

§ 24.

The Foundation is liquidated in the cases provided for in the Act of 6 April 1984 on Foundations , on the basis of a Resolution of the Council of the Foundation passed by a majority of at least ¾ of the votes, in the presence of at least 50% members of the Council. The Foundation Council appoints a liquidator.

§ 25.

The assets of the Foundation remaining after its liquidation shall be used for the rehabilitation of disabled people.