Legea nr. 519 pentru aprobarea Ordonantei de urgenta a Guvernului nr. 102/1999 privind protectia speciala si incadrarea in munca a persoanelor cu handicap
Parlamentul României
Lege nr. 519 din 12/07/2002
Publicat in Monitorul Oficial, Partea I nr. 555 din 29/07/2002 pentru aprobarea Ordonantei de urgenta a Guvernului nr. 102/1999 privind protectia speciala si încadrarea în munca a persoanelor cu handicap
Parlamentul României adopta prezenta lege.
Articol unic. – Se aproba Ordonanta de urgenta a Guvernului nr. 102 din 29 iunie 1999 privind protectia speciala si încadrarea în munca a persoanelor cu handicap, publicata în Monitorul Oficial al României, Partea I, nr. 310 din 30 iunie 1999, cu urmatoarele modificari si completari:
1. La articolul 1, alineatele (1) si (3) vor avea urmatorul cuprins:
„Art. 1. – (1) Persoanele cu handicap, în întelesul prezentei ordonante de urgenta, sunt acele persoane carora mediul social, neadaptat deficientelor lor fizice, senzoriale, psihice, mentale, le împiedica total sau le limiteaza accesul cu sanse egale la viata sociala, potrivit vârstei, sexului, factorilor materiali, sociali si culturali proprii, necesitând masuri de protectie speciala în sprijinul integrarii lor sociale si profesionale.
(3) Masurile de protectie speciala se aplica pe baza încadrarii în categorii de persoane cu handicap, în raport cu gradul de handicap, stabilit în urma evaluarii efectuate de catre comisiile de expertiza medicala a persoanelor cu handicap pentru adulti, potrivit criteriilor stabilite prin ordin al ministrului sanatatii si familiei. Pentru copiii cu handicap criteriile de încadrare în gradele de handicap se stabilesc prin ordin comun al ministrului sanatatii si familiei si al secretarului de stat al Autoritatii Nationale pentru Protectia Copilului si Adoptie. Ordinele vor fi publicate în Monitorul Oficial al României, Partea I.”
2. Articolul 2 va avea urmatorul cuprins:
„Art. 2. – (1) Încadrarea într-o categorie de persoane cu handicap care necesita protectie speciala în raport cu gradul de handicap se atesta, atât pentru adulti, cât si pentru copii, potrivit criteriilor de diagnostic anatomo-clinic, diagnostic functional si de evaluare a capacitatii de munca si de autoservire. Gradul de handicap – usor, mediu, accentuat si grav – se atesta prin certificat emis de catre comisiile de expertiza medicala a persoanelor cu handicap pentru adulti prevazute la cap. V, respectiv de comisiile pentru protectia copilului, în cazul copiilor cu handicap.
(2)În sensul prezentei ordonante de urgenta, prin copil se întelege persoana care nu a împlinit vârsta de 18 ani si care nu are capacitate deplina de exercit iu. (3) O data cu eliberarea certificatelor de încadrare în grade de handicap, comisiile de expertiza medicala a persoanelor cu handicap pentru adulti, respectiv comisiile pentru protectia copilului, în cazul copiilor cu handicap, au obligatia sa elaboreze un program individual de recuperare, readaptare si integrare sociala,
care sa prevada actiunile medicale, educative, profesionale si sociale necesare pentru recuperarea, readaptarea, instruirea si integrarea sau reintegrarea sociala a persoanei cu handicap. (4) Pentru elaborarea programului individual de recuperare, readaptare si integrare sociala comisiile de expertiza medicala a persoanelor cu handicap pentru adulti, respectiv comisiile pentru protectia copilului, în cazul copiilor cu handicap, se vor consulta în mod
obligatoriu cu persoana cu handicap si, dupa caz, cu reprezentantii legali ai acesteia, precum si cu specialisti din diferite domenii, în functie de specificul fiecarui caz. (5) Secretariatul de Stat pentru Persoanele cu Handicap, autoritatile administratiei publice centrale de specialitate si ale administratiei publice locale au obligatia de a asigura, pe baza dispozitiilor legale în vigoare, conditiile necesare pentru realizarea programului individual de recuperare,
readaptare si integrare sociala pentru fiecare persoana cu handicap.”
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