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LAW OF THE REPUBLIC OF ARMENIA

of June 19, 2004 No. ZR-80

About mental health services and servicing

(as amended of the Law of the Republic of Armenia of 03.07.2020 No. ZR-346)

Accepted by National Assembly of the Republic of Armenia on May 25, 2004

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

This Law governs the relations connected with mental health care, mental health services and servicing of citizens, stateless persons, foreign citizens, the rights of persons having problems with mental health, both cases and procedure for their implementation, protection and restriction.

Article 2. Legislation on mental health services and servicing

1. The legislation on mental health services and servicing consists of the Constitution, this Law, other laws and other legal acts.

2. In the presence of contradictions between regulations of the international treaties ratified by the Republic of Armenia, and this Law regulations of international treaties are applied.

Article 3. The basic concepts used in the Law

1. In this Law the following concepts are used:

1) mental health - the inaliennable and non-transferable non-material benefit of the person including the corresponding perception of the environment, capability to realize own potential, to overcome stressful life situations, to work effectively, and also to make own contribution to public life, manifestation and preserving stable emotionality;

2) mental health care - strengthening of mental health, prevention of mental disturbances, treatment and rehabilitation of persons with mental disturbances, providing condition of full-fledged mental wellbeing;

3) mental disturbance - the frustration provided by the qualifier of the diseases approved in the procedure established by the legislation, the corresponding categories mental and behavioural frustration;

4) person with problems with mental health - person for whom in the procedure established by this Law mental disturbance is diagnosed;

5) mental health services and servicing - the organization of medical mental health services and servicing in the stationary or out-patient conditions provided by this Law;

6) stationary mental health services and servicing - condition of the organization of stationary mental health services and servicing according to the Law "About Medical Care and Servicing of the Population";

7) out-patient mental health services and servicing - condition of the organization of out-patient mental health services and servicing according to the Law "About Medical Care and Servicing of the Population";

8) the psychiatric organization - the legal entity or the individual entrepreneur, the public or local government office which is not state body or local government body, having the license for implementation of the corresponding type of medical care and servicing which provides mental health services and services in stationary and (or) out-patient form;

9) psychiatric department of general observation - the department operating as a part of the medical organization having the license for implementation of medical care and servicing which main objective - implementation of mental health services and servicing in stationary conditions;

10) psychiatric department of special type - the department operating as a part of the psychiatric organization in which person who on mental condition is dangerous to itself or other persons and requires permanent observation and treatment is the judgment for the purpose of forced treatment;

11) the psychiatrist - the physical person who got the higher medical education, qualification and postgraduate specialization in psychiatry performing mental health services and servicing;

12) the family doctor - the physical person who got the higher medical education, qualification which underwent for the last five years retraining on the subjects concerning mental health, performing mental health services and servicing in link of primary health protection;

13) the psychologist - the physical person who got the higher psychological education performing psychological services;

14) hospitalization - acceptance of person having problems with mental health, voluntarily or involuntary or in forced form in the psychiatric organization for the purpose of provision of stationary mental health services and servicing;

15) involuntary treatment - transfer of person to the psychiatric organization and its stationary psychiatric treatment without its consent on the bases established by this Law, according to the procedure, established by the Code of civil procedure of the Republic of Armenia;

16) forced observation or treatment - forced out-patient observation or treatment or stationary (in psychiatric department of general observation or psychiatric department of special type) treatment of person without its consent based on the judgment on the application of enforcement measure of medical nature according to the procedure established by the Code of penal procedure of the Republic of Armenia;

17) the psychiatric commission - the group consisting, at least, of two psychiatrists, if necessary - also other specialists doctors which is created by the legal act of executive body of the psychiatric organization in case of involuntary hospitalization - for each case, and is competent to draw the professional conclusion or the motivated decision on availability or absence at person of mental disturbance, representation by person in this mental condition of danger to or societies and all medical questions following from this.

In case of the opinions of psychiatrists of the psychiatric commission consisting of two psychiatrists contradicting each other, in the commission the third psychiatrist is attracted by the legal act of executive body;

18) the information leaflet - the document in the corresponding form approved by state body in health sector of the Republic of Armenia (further - authorized body) in which the rights, freedoms of person receiving mental health services and servicing in the psychiatric organization, and their restrictions are specified;

19) the child - person, the stipulated in Clause 1 Law "About the Child's Rights";

20) measure of physical constraint - use of physical force and (or) mechanical measures of constraint (the belts fixing bandages) for the purpose of deduction of person having problems with mental health or constraint of its movements;

21) isolation measure - accommodation of person having problems with mental health in the allocated room for the purpose of restriction of its movement;

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