ORDER OF THE MINISTER OF HEALTH OF THE REPUBLIC OF KAZAKHSTAN

of July 13, 2017 No. 504

About approval of Rules of performing medical examination for factual determination of the use of psychoactive agent and state of intoxication

According to subitem 122-2) of Item 1 of article 7 of the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" PRIKAZYVAYU:

1. Approve the enclosed Rules of performing medical examination for factual determination of the use of psychoactive agent and state of intoxication.

2. Recognize invalid some orders of the Minister of Health of the Republic of Kazakhstan according to appendix to this order.

3. To provide to department of the organization of medical care of the Ministry of Health of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order its direction in periodic printing editions, and also in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Health of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Health of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this order on the vice-Minister of Health of the Republic of Kazakhstan Aktayeva L. M.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Health of the Republic of Kazakhstan of July 13, 2017 No. 504

Rules of performing medical examination for factual determination of the use of psychoactive agent and state of intoxication

Chapter 1. General provisions

1. These rules of performing medical examination (further - Rules) are developed for factual determination of the use of psychoactive agent and state of intoxication according to subitem 122-2 of Item 1 of article 7 of the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" and determine procedure for performing medical examination for factual determination of the use of psychoactive agent and state of intoxication.

2. In the present Rules the following basic concepts are used:

1) drugs - the substances of synthetic or natural origin included in the List of the drugs, psychotropic substances and precursors which are subject to control according to the legislation of the Republic of Kazakhstan, the Single convention on drugs of 1961 with the amendments introduced in it according to the Protocol of 1972 on amendments to the Single convention on drugs of 1961 according to the Law of July 10, 1998 "About drugs, psychotropic substances, their analogs and precursors and measures of counteraction to their illicit trafficking and abuse of them" (further - the Law);

2) medical examination - out-patient survey of person for the purpose of establishment of condition of drug intoxication;

3) state of intoxication - the condition arising owing to sharp intoxication psychoactive agents (alcohol, drugs, psychotropic substances, precursors, their derivatives and analogs) and characterized by complex of mental, behavioural, vegetative and somatonevrologichesky disturbances;

4) psychotropic substances - the substances of synthetic or natural origin included in the List of the drugs, psychotropic substances and precursors which are subject to control according to the legislation of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan, including the Convention on psychotropic substances of 1971;

5) psychoactive agents - substances of synthetic or natural origin which in case of single acceptance make impact on mental and physical functions behavior of the person, and in case of the long use cause mental and physical dependence.

3. The purpose of performing medical examination is factual determination of the use of psychoactive agent and state of intoxication (further - Medical examination).

4. Persons in relation to whom responsibility for the use of psychoactive agent under control of vehicles is provided in state of intoxication, stay in state of intoxication in public places and at work are subject to medical examination.

5. The foreign persons who are constantly living and temporarily staying in the territory of the Republic of Kazakhstan and also the stateless persons which are in state of intoxication in the public place at work, or managing directors of the vehicle are subject to medical examination in accordance with general practice.

Persons using diplomatic immunity are not subject to medical examination, without their consent.

6. Medical examination of minor citizens of the Republic of Kazakhstan is carried out in the presence of parents or their legal representatives (parents, adoptive parents (adopters), the guardian, the custodian, the foster tutor, adoptive parents, other persons replacing them performing care, education, education, protection of the rights and interests of the child according to the legislation of the Republic of Kazakhstan).

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