LAW OF THE KYRGYZ REPUBLIC

of January 12, 2024 No. 14

About protection of public health in the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on November 22, 2023

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Law determines legal, economic, social and medical basis, guarantees and measures for protection of public health in the Kyrgyz Republic.

2. This Law extends to citizens of the Kyrgyz Republic, foreign citizens and stateless persons, constantly or temporarily living in the territory of the Kyrgyz Republic (further - citizens), all legal entities and physical persons which activities are connected with health protection.

Article 2. Legislation of the Kyrgyz Republic on protection of public health

1. The legislation of the Kyrgyz Republic on protection of public health is based on the Constitution of the Kyrgyz Republic and consists of this Law, other laws and other regulatory legal acts of the Kyrgyz Republic accepted according to them.

2. The conventional principles and rules of international law, and also the international agreements which became effective according to the legislation of the Kyrgyz Republic are component of system of law of the Kyrgyz Republic.

Article 3. The basic concepts and determinations used in this Law

1. In this Law the following concepts are used:

1) abilitation is process which purpose to help to acquire or develop yet not created functions and skills which offers recovery of the lost functions as a result of injury or disease;

2) agonists of opioids - substances which pharmacological effects develop owing to activation of opioid receptors and to which all opioids belong;

3) accreditation - the official procedure of recognition of competence of the organizations of health care for implementation of professional activity according to accreditation standards;

4) certification on professional competence of the specialist - the procedure of determination of compliance of person who got medical, pharmaceutical or other education, to requirements to implementation of medical activities for certain medical specialty or pharmaceutical activities;

5) audit of maternal death rate - the profound systematic overview of cases of maternal death rate for the purpose of identification of their reasons which are the cornerstone of the medical, social and other factors promoting death for development of recommendations about prevention of these cases further;

6) the doctor - the specialist with the higher medical education who received preparation in the field of diagnostics, treatment and prevention of diseases;

7) the general practitioner - the doctor who had special training on delivery of health care to patients;

8) the doctor-intern, the attending physician - the student within the program of internship or internship and working in the medical organization under the leadership of the mentor;

9) auxiliary reproductive technologies - methods of treatment of infertility (artificial insemination, artificial insemination and implantation of embryo) in case of which application separate or all stages of conception and early development of embryos are performed out of maternal organism (including with use of donor and/or cryotinned gametes, tissues of reproductive organs and embryos, and also surrogacy);

10) haematopoietic stem cells - cells of marrow from which as a result of differentiation and maturing all types of blood cells turn out: erythrocytes, platelets and different types of leukocytes;

11) children of early age are children aged from 12 months up to 36 months;

12) children's mix - milk or similar to milk the product of animal or phytogenesis made on industrial basis according to the requirements established by technical regulations to this product, and intended for requirements satisfaction in food of babies since the birth and/or within the first six months of life, also includes products which continue to satisfy partially needs of the child for food after the first six months;

13) remote medical services - the provision of medical services for the purpose of diagnostics, treatments, medical rehabilitation and prevention of diseases and injuries, carrying out researches and estimates by means of digital technologies providing remote interaction of health workers among themselves, with physical persons and (or) their legal representatives, identification of specified persons, and also documentation of the actions made by them;

14) the distributor or the distributor of the designated products - the physical person or legal entity which is engaged in wholesale or at retail the designated products;

15) donor function - the voluntary act of the donor including physical examination and accomplishment of the procedure of donation of blood and its components for the medical purposes;

16) the agreement of surrogacy - the agreement between persons/person, persons interested/person interested to have the child, and the woman who agreed to application of method of artificial insemination or implantation of embryo and its incubation till the birth;

17) donation - the procedure of blood donation by the person before which the candidate passes the "way of the donor" including six stages (registration, testing, appointment, the use of food or drink, blood donation, receipt of the reference);

18) the donor - physical person:

a) voluntarily this blood and its components for the medical purposes;

b) providing part of the blood, other fabrics or body for transfusion or change to the patient;

19) the Single payer - executive body on realization of policy in the sphere of compulsory medical insurance, authorized to perform financing of programs of compulsory medical insurance;

20) the diseases constituting danger to people around - diseases which sources can lead to infection and (or) death of large number of people in the shortest possible time;

21) dependence on psychoactive agents (dependence syndrome) - the complex of symptoms consisting of mental and physical dependence, the psychoactive agents arising owing to the long and intensive use. The syndrome of dependence is established by criteria of the international classifications;

22) the statement for advantage for health - any statement which claims, assumes or implies that there is communication between product or its components and health. Such statement includes, but is not limited to the following:

a) approval about nutritious function which describes physiological role of nutrient for growth, development and normal functions of organism;

b) the statement for any other functional impact which concerns specific useful consequences of consumption of food product or its components which are connected with positive impact on health either function improvement, or change, or preserving health;

c) the statement for decrease in risk of disease connected with consumption of product or its component in the context of general diet, reduction of risk of development of the disease or condition connected with health;

23) malignant new growth (tumor) - the education having infiltrative growth, sprouting in surrounding fabrics, destroying them capable to metastasis;

24) person with limited opportunities of health (further - LOVZ) - person who has the violation of health with permanent disorder of functions of organism caused by the diseases, consequences of injuries or defects leading to activity restriction, and causing the necessity of its social protection and rehabilitation;

25) person with the mental and behavioural disturbances caused by the use of psychoactive agent - person who is in condition of physical and/or mental dependence on any psychoactive agent and to whom in accordance with the established procedure the medical institution establishes the diagnosis on the International classification of disease;

26) implantation - method of artificial insemination by introduction in cavity of uterus of the impregnated ovum;

27) insemination - method of artificial insemination by artificial introduction of men's gametes in uterus cavity for the purpose of fertilization;

28) insulin - pancreas hormone as the main medicine for treatment of diabetes of 1 type;

29) artificial feeding - feeding by any foodstuff made on industrial basis which in parts or in full replaces breast milk;

30) clinical base - the organization of health care determined by authorized state body as clinical base, which is providing preparation, retraining and advanced training of medical personnel and giving medical and sanitary help to patients, and also underwent accreditation in authorized state body in health sector;

31) the clinical protocol - the document establishing general requirements to delivery of health care to the patient in case of certain disease or clinical situation on evidential basis to which health workers shall follow;

32) the complex integrated health care system of the Kyrgyz Republic - the system of medical and social services throughout human life for the prevention, timely identification, treatment and rehabilitation provided by the state, municipal and private organizations of health care and social service enabling the realization of state policy on accomplishment of national and state programs in the field of protection of public health on the principles of succession, to development of medical education and medical science of the Kyrgyz Republic;

33) blood components - used for the medical purposes the uniform elements (the erythrocytes, leukocytes, platelets, plasma constituting plasmas) constituting blood which can be prepared from whole blood by various methods;

34) blood preservation - procurement of donor blood in the preserving means for the purpose of creation of conditions for preserving its structure and properties during long term;

35) feeding from small bottle - feeding by liquid or semisolid food from small bottle with pacifier;

36) consultation - meeting of doctors of one or different specialties for the purpose of development of the conclusion about the state of health surveyed establishments of the diagnosis of disease, determination of its forecast, tactics of inspection and treatment of the patient;

37) the consolidated budget of health care system of the Kyrgyz Republic - set of means of the government budget, compulsory medical insurance, external borrowings and grant help of donors, and also the means accumulated on special treasurer accounts, the means received from the copayment of the population and other means which are not forbidden by the budget legislation of the Kyrgyz Republic;

38) contraception - methods and warning facilities of undesirable pregnancy;

39) blood - the whole blood prepared from the donor and processed either for transfusion, or for further production;

40) cryopreservation - storage of biomaterial at low temperatures with possibility of its subsequent recovery;

41) critical cases are cases when childbirth happened to complications or there were situations, life-endangering, and pregnancy complications which research help to estimate quality of urgent interventions;

42) logo - emblem, the image or symbol by means of which the company or product are identified;

43) marking of food products - information on food products placed in the form of texts, drawings, signs, symbols, other designations and (or) their combinations on consumer packaging, shipping package or on other type of the data carrier attached to consumer packaging and (or) to shipping package, either placed in them or attached to them;

44) marketing - promotion, distribution, sale of the designated products and means, including ensuring public relations, and also information support;

45) materials and the equipment - medical or other equipment, means for rendering the medical and sanitary help and other materials used by the organizations of health care and organizations of social security;

46) maternal health - health of the woman during pregnancy, in labor, the postnatal period which includes preparation for pregnancy, planning of family, dorodovy and post-natal care, for the purpose of providing to the woman and the newborn of safe childbirth, decrease in maternal incidence and death rate;

47) maternal death rate - the death of the woman caused by pregnancy (irrespective of its duration and localization) and come during pregnancy or within 42 days after its termination from any reason connected with the pregnancy burdened by it or its maintaining, but not from accident or accidentally arisen reason;

48) medicobiological research - the research based on reproduction (modeling) of structurally functional complex of the studied condition or disease in the simplified form on laboratory animals for clarification of the reasons, conditions and origins of condition or development of disease, development of methods of treatment and prevention;

49) medico-social protection of persons with noninfectious diseases - system of the special economic, social, legal and medical measures guaranteed by the state providing to persons with noninfectious diseases health protection and conditions of activity;

50) the medical and sanitary help - complex of the medical and other measures directed to protection, strengthening and recovery of health of citizens;

51) the medico-public assistance - type of delivery of health care in the presence at the patient of the chronic diseases which are requiring permanent round-the-clock medical observation and leaving, but not requiring intensive delivery of health care;

52) medical information system - the information system providing conducting processes of subjects of health care in electronic format;

53) medical prevention - the complex of the medical services directed to decrease in probability of emergence of diseases, identification of the reasons and conditions promoting their origin and distribution based on personal interest of the patient;

54) medical rehabilitation - complex of the medical services directed to recovery of normal activity of organism of the patient and compensation of its functionality broken as a result of disease;

55) medical service - the service directed to improvement of health or diagnostics, treatment and rehabilitation of patients, providing compensation of the made costs according to the budget legislation of the Kyrgyz Republic;

56) medical ethics - set of ethical standards and the principles of behavior of the health worker in case of relations with the patient, society, other health workers in the course of rendering the medical and sanitary, sanitary and preventive help;

57) health and pharmaceutical workers - persons with the higher, secondary professional medical, pharmaceutical and other education performing activities in the organizations of health care;

58) medical intervention - any inspection, treatment and consultation having preventive, diagnostic, medical, rehabilitation or research orientation, which is carried out by the doctor or other health worker in relation to the specific patient;

59) methods of artificial insemination - the methods of treatment of infertility applied when implementing separate or all stages of conception and early development of embryo out of organism;

60) the baby - the child aged up to twelve months;

61) milk for mother - milk or similar to milk the product of animal or phytogenesis made on industrial basis according to the requirements established by technical regulations to this product, intended for pregnant women and the nursing women;

62) multidisciplinary team - the team of specialists of the different directions of primary health care (family doctors, paramedics, midwifes, nurses, social workers, psychologists in the field of health care) created for joint operation on rendering medical services to families in prevention, diagnostics and treatment of diseases irrespective of their location;

63) the narcological organizations - the organizations (departments or offices) which give narcological help in the procedure established by the law;

64) drugs - substances of synthetic or natural origin, their medicines, and also the plants classified as those in the corresponding international conventions, and equally in other substances and plants, owing to their action or abuse of them included in national lists of the drugs, psychotropic substances and precursors which are subject to control in the Kyrgyz Republic;

65) violations and lagging in development of children - any essential variations from normal development at infantile or children's age which are characterized by delay in comparison with average development of children in society and are consequence of these or those changes in the state of health or adverse influence of the circle;

66) noninfectious diseases - group of diseases which includes diabetes, cardiovascular diseases, cancer, chronic respiratory diseases and mental disturbances which are in many respects preventable and connected by general risk factors, deep determinants and opportunities for interventions;

67) the newborn - the child from the moment of the birth and before achievement of age by it 28 days (4 weeks);

68) sample of the designated products - portion or small amount of the designated product provided free of charge;

69) oncology - the field of medicine and biology studying origins, development mechanisms, clinical manifestations of new growths (tumors) and developing methods of their diagnostics, treatment, prevention;

70) opioid - the general term applied to alkaloids from sleeping pill poppy, to their synthetic analogs and connections synthesized in organism which interact with the same specific receptors in brain have capability to relieve pain and cause feeling of wellbeing (euphoria);

71) body - the part of organism representing evolutionarily developed complex of fabrics united by general function, the structural organization and development;

72) the organizations of health care - the state, municipal and private organizations of health care created by the founder (owner) for rendering the medical and sanitary help to citizens in the Kyrgyz Republic;

73) internship - the level of postgraduate medical education which purpose is acquisition or change of professional qualification of the doctor on the corresponding specialty for the admission to independent clinical practice;

74) diabetes complications - the vascular complications of diabetes leading to otsloyka of retina of eye and complete or partial loss of sight (diabetic retinopathy), the damage of kidneys which is one of basic reasons of final stage of chronic renal failure (diabetic nephropathy), to the pathological condition of the lower extremities leading to emergence of trophic ulcers, infection, gangrene, possible amputations and thereof invalidizations (syndrome of diabetic foot);

75) protection of public health - set of the measures of political, economic, legal, social, cultural, scientific, ecological, medical, sanitary and hygienic and anti-epidemic nature directed to preserving and strengthening of physical and mental health of each person, provision to it medical care in case of loss of health;

76) palliative care - the complex of actions including the medical interventions, actions of psychological nature and leaving performed for the purpose of improvement of quality of life of incurably sick citizens and directed to pain relief, other heavy displays of disease;

77) batches of the designated products - certain quantity of the designated products provided by the producer or the distributor during the long period of time gratuitously or at low price for the social purposes;

78) "the passport of the diabetic" or identification code - the document with data on disease issued by the organizations of health care for the permanent address of the patient for timely rendering qualified specialized, emergency medical service to the patient with diabetes;

79) the patient - person who is given medical and sanitary help in the organizations of health care, or at privately practicing health workers with execution of the corresponding medical documentation;

80) cross advertizing - use of similar trade names, design of packaging, labels, the text, images, color schemes, symbols or slogans, and also other means in case of promotion of other product;

81) perinatal death rate - all cases of death of fruit and the newborn from 22 weeks of pregnancy to 7 days after the birth;

82) perinatal audit - ego process of assessment of the factors connected with perinatal death rate which could be avoided;

83) personal medical data - the personal data containing the data about health of physical person and the medical services rendered to him fixed on electronic, paper or other material media;

84) planning of family - system of the social, medical and legal measures directed to the conscious choice by citizens of the birth and education of certain number of children, observance of intervals between their birth, and also preserving reproductive health of citizens;

85) gametes - men's gametes (spermatozoa) and female gametes (ova);

86) semi-annual inventory of insulin - the strategic inventory of insulin necessary for ensuring activity of persons with diabetes which absence leads to inevitable death of persons with diabetes;

The subsequent mix - means 87):

a) milk or similar to milk product of animal or phytogenesis which is made on industrial basis and is on sale, or is provided by different way as suitable for feeding of babies 6 months up to three years are more senior;

b) any nutritious mix for the special medical purposes or dietary requirements, and also any therapeutic product for children with sharp depletion is more senior than 6 months up to three years;

88) the Program of the state guarantees for providing citizens with the medical and sanitary help (further - the Program of the state guarantees) - the guaranteed amounts, types and conditions of provision of the medical and sanitary help to citizens providing realization of their rights to the medical and sanitary help in the organizations of health care irrespective of patterns of ownership according to the legislation of the Kyrgyz Republic in health sector, compulsory medical insurance at the expense of means of compulsory medical insurance;

89) the companies and organizations of mercy - the non-profit organizations created for implementation of charity for the benefit of separate categories of citizens;

90) precursors - the substances and their salts classified in international conventions as the chemical materials used for production of drugs and psychotropic substances and also the chemicals and their salts used with the same purpose and which are subject to control in the Kyrgyz Republic;

91) blood medicine - the medicine received from blood or plasma of the person using various technologies;

92) applied biomedical research - the biomedical research directed to achievement of specific purposes in the sphere of diagnostics, treatment or prevention of diseases;

93) feeding up - any product (further - feeding up product) made (made) industrial or otherwise, used as amendment to breast milk, children's mix or the subsequent mix for babies aged from 6 months to age of 36 months;

94) the producer (manufacturer) of the designated products - the organization irrespective of its form of business or the individual entrepreneur, including foreign, performing on its own behalf production (production) of the designated products for realization to acquirers (consumers) and bearing responsibility for compliance of these products to requirements of technical regulations;

95) products and means for artificial nutrition of children (further - the designated products):

a) children's mix;

b) any other product sold in the market or otherwise provided as suitable product for feeding of children aged up to six months;

c) subsequent mix;

d) mix for children of early age;

e) medical product, ready to the use, / ready clinical nutrition;

e) feeding up;

g) small bottles for feeding, nipples (horns), pacifiers;

h) the milk for mother made on industrial basis;

i) any other products recognized by the decision of the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers) products and means for artificial nutrition of children and falling under operation of this Law;

Promotion of the designated products includes 96):

a) advertizing of the designated products;

b) carrying out special showings, use of special displays, provision of various methods of discounts for the prices of the designated product (sale, sale below cost, sale with loading), provision of the designated product as prize or gift;

c) provision of one or more samples of the designated product to any person;

d) donation and distribution of any information and educational materials on idealization of consumption of the designated products;

e) use of statements for advantage for health on labels of the designated products, or in any information and educational materials concerning food of children of chest and early age, except as specified, the stipulated in Article 111 these Laws;

e) cross advertizing of the designated product;

97) professional mistake of health workers - mistake in case of execution of the professional obligations by them, under circumstances, independent of them, being consequence of fair delusion and not containing actus reus or sign of offense;

98) psychotropic substances - substances of synthetic or natural origin, and also their medicines classified as those in the corresponding international conventions, and equally in other substances or any natural materials, owing to their action or abuse of them included in national lists of the drugs, psychotropic substances and precursors which are subject to control in the Kyrgyz Republic;

99) psychiatry - the industry of clinical medicine studying mental disturbances through medicine methodology prism, methods of their diagnostics, prevention and treatment;

100) mental health is condition of psychological and social wellbeing in case of which the person realizes the opportunities, effectively resists to vital difficulties and stress, performs productive conscious activities and makes the contribution to development of society;

101) the psychiatric organizations - the organizations (departments or offices) which give mental health services in the procedure established by the law;

102) mental health services - inspection of mental health of citizens on the bases and according to the procedure, established by this Law and other laws of the Kyrgyz Republic, prevention, diagnostics of mental disturbances, treatment, leaving, medico-social resettlement of persons with mental disturbances;

103) mental disturbance (disease) of not psychotic level - the disorder of mental activities which is not followed by disorder of consciousness, implying safety intellectual mnesticheskoy spheres of the patient and excluding availability of sharp mental disturbances in the form of the nonsense, hallucinations and aggressive tendencies in behavior caused by availability of painful experiences;

104) psychoactive agent - substance which, influences functioning of the central nervous system and leads to change of mental condition, up to the changed consciousness condition, including substance from national lists of the drugs, psychotropic substances and precursors which are subject to control in the Kyrgyz Republic;

105) blood donation Item - the place of blood sampling and its components in stationary and exit conditions;

106) employees of the organizations of health care - the physical persons working in the organizations of health care and also service personnel and the other persons working on a voluntary basis;

107) distributors of the designated products - the physical person or legal entity which is engaged in wholesale or at retail the designated products;

108) rehabilitation in medicine - complex of the medical, pedagogical and social actions directed to recovery (or compensation) the broken functions of organism, and also social functions and working ability of patients and LOVZ;

109) the register of persons having diabetes - registration and the automated accounting of persons with diabetes for the purpose of creation of databank and strategy development of further observation and their treatment;

110) advertizing of the designated product - submission of information on the designated product for the purpose of assistance to its sale or transfer, including without limitation:

a) use of printing, electronic mass media, telecommunication and other means of communication (written publications, television, radio, movies, electronic transfer, including the Internet, social networks, video clips, phone or mobile application);

b) representation of emblems, signs, billboards, announcements, notifications, illustrations or other samples;

111) reproductive health - the condition of complete physical, mental health and social wellbeing of the person determining its capability to reproduction of posterity;

112) reproductive organs and fabrics - the bodies and fabrics participating in reproduction process, providing continuity and succession of life; the ovum, sperm, ovaries, testicles or embryos, in particular, concern to them;

113) the reproductive rights - the rights of citizens to reproduction of posterity, protection of their reproductive health and free decision making concerning the birth or refusal of the birth of children in scrap or out of scrap, methods of conception and the birth of children, and also on the public, information and advisory assistance in this sphere;

114) the recipient - the patient to whom transfusion of donor blood or its components and medicines, transplantation of body or fabrics from the donor is made;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info