ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of December 15, 2006 No. 478

About approval of the Regulations on procedure for medical support of persons containing in penal institutions

1. Approve Regulations on procedure for medical support of persons containing in penal institutions of the republic according to appendix.

Appendix

to the Order of the Minister of Justice No. 478 of December 15, 2006

Regulations on procedure for medical support of persons containing in penal institutions

Section I. General provisions

1. This provision regulates procedure for delivery of health care to persons containing in penal institutions and implementation of necessary treatment-and-prophylactic actions.

2. Delivery of health care to persons containing in penal institutions is performed according to provisions of the criminal and executive legislation, regulations of the Ministry of Health and Social Affairs, Ministry of Justice, and also this provision.

3. Medical care is provided to persons containing in penal institutions as required or according to the address, qualified personnel, is free also according to the existing legislation.

Persons containing in penal institutions use free treatment and medicines according to amount of the single Program of compulsory medical insurance.

4. Each penal institution provides medical care at least by the therapist, the stomatologist, the gynecologist (in organizations which contain women) and the psychiatrist.

In penal institution with a capacity at least 100 places the stationary health center for delivery of health care to each convict shall function in the permanent mode.

5. The therapeutic, surgical, mental health and dental services appear the prisoner. At the expense of own means the convict with the consent of administration of penal institution and who is previously imprisoned - with the consent of administration of penal institution and criminal prosecution authority, the judge on criminal prosecution or degree of jurisdiction, can use as well services of the private doctor, except for the psychiatrist, the expert and the doctor of forensic medical examination. The refusal of administration of penal institution in rendering the private doctor to medical consultation shall be reasonable. The refusal in provision of visit of the doctor specified to prisoners does not exclude possibility of appointment of other private doctor.

6. Acceptance of patients and delivery of health care are performed in medical part of penal institution on their preliminary record and according to the schedule approved by the chief of penal institution (except for urgent cases).

7. The convict shall pay the expenses connected with treatment of the mutilation which is intentionally put to itself, except as specified, provided by part (4) Art. 248 of the Executive code.

8. Based on the decision of the ad medical commission of penal institution created by the order of the chief of organization and approved with medical management of Department of penal institutions prisoners, TB patients, venereal diseases, alcoholism, drug addiction or toxicomania, are subject to obligatory treatment.

9. The direction of patients for treatment in the conditions of hospital in penitentiary hospitals is performed according to the recommendation of the doctor of medical part of penal institution. Transfer is made according to the established procedure of the translation of convicts provided by the existing regulations.

10. In case of urgent need in rendering specialized medical care hospitalization of patients can be performed in treatment and prevention facilities of the Ministry of Health and social are sewn up (MZ and SZ) with ensuring necessary protection and convoy.

11. In case of planned hospitalization the imprisoned patients are transferred to treatment and prevention facilities of the Ministry of Health and Social Affairs based on the order of the CEO of Department of penal institutions with providing necessary convoy and protection.

12. In case of need urgent medical care hospitalization of patients in treatment and prevention facilities MZ and SZ based on the conclusion of the doctor is performed by the chief of organization or the orderly officer. Subsequently the translation affirms as all cases of long hospitalization the order of the CEO of Department of penal institutions.

13. Rendering the medical and advisory care by the prisoner by treatment and prevention facilities of the Ministry of Health and Social Affairs will be performed based on the signed contracts.

Section II. The organization of delivery of health care to persons containing in penal institutions

14. Physical examination of persons containing in penal institutions is carried out without fail in case of receipt, and to term of imprisonment, in case of the address and in planned procedure, at least once within 6 months. Physical examination is conducted in confidential conditions.

15. In case of receipt in penal institution to again arrived persons (including transit) physical preventive examination for the purpose of identification of persons constituting epidemiological danger to the people around, patients needing urgent medical care, ascertaining of bodily harms or other violent traces and tortures, alcohol intoxication, etc. is conducted.

16. When ascertaining at the prisoner of bodily harms and traces from tortures it is necessary that he was examined by the doctor with rendering necessary medical care. Concerning detection at arrived in penal institution of the traces of tortures concluded with bodily harms, the administration of organization shall inform in writing in the shortest possible time Department of penal institutions and territorial authority of prosecutor's office in which zone of activities the penal institution is located.

17. In case of arrival of the prisoner in penal institution in state of intoxication he shall be examined by the health worker. After the conducted examination according to regulations MZ and SZ the protocol with indication of clinical condition of the prisoner and result of the conducted examinations is constituted. In case of need medical care with its isolation is provided to this prisoner.

18. On arrival in penal institution prisoners surely are exposed to sanitary processing according to the procedure, established by sanitary and epidemiologic regulations. Sanitary processing (hairstyle, disinsection, bath) is performed by structure of service of the mode and supervision. The orderly officer, the chief of the block and the doctor on duty are responsible for carrying out adequate measures.

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