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LAW OF UKRAINE

of February 22, 2000 No. 1489-III

About mental health services

(as amended on 14-11-2017)

This Law determines legal and organizational basis of providing citizens with mental health services proceeding from priority of rights and freedoms of man and citizen, establishes obligations of executive bodies and local government bodies on the organization of rendering mental health services and legal and social protection of training of persons suffering from mental disturbances regulates the rights and obligations of specialists, other workers who are taking part in rendering mental health services implementation of social protection and training of persons suffering from mental disturbances.

Section I. General provisions

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

mental disturbances - the disorders of mental activities recognized such it agrees the International Statistical Classification of diseases, injuries and causes of death operating in Ukraine;

heavy mental disturbance - disorder of mental activities (consciousness obscuring, violation of perception, thinking, will, emotions, intelligence or memory) depriving of the person of capability is adequate to realize surrounding reality, the mental condition and behavior;

mental health services - complex of the special events directed to inspection of condition of mental health of persons on the bases and according to the procedure, provided by this Law and other laws, prevention, diagnostics of mental disturbances, treatment, supervision, leaving, medical and psychological recovery of persons suffering from mental disturbances including owing to the use of psychoactive agents;

the specialist - the health worker (the doctor, the nurse, the paramedic), the psychologist, the social worker and other worker having the corresponding education and special qualification and who is taking part in rendering mental health services;

the commission of psychiatrists - two or more psychiatrists who are jointly making decisions on the questions connected with rendering mental health services;

organization on rendering mental health services - mental health, narcological or other specialized agency of health care, the center, department, office and so forth, other institutions and organizations of any pattern of ownership which activities are connected with rendering mental health services;

organization of social protection of persons suffering from mental disturbances - the legal entity of any pattern of ownership providing social services to persons who suffer from mental disturbances

legal representatives are parents (adoptive parents), guardians or other persons authorized by the law to represent the interests of persons suffering from mental disturbances including to perform protection of their rights, freedoms and legitimate interests when rendering mental health services to them;

informed consent of person is the consent which is freely stated by person capable to understand information provided by available method on nature of its mental disturbance and the forecast of its possible development, the purpose, procedure and duration of rendering mental health services, methods of diagnostics, treatment and medicines which can be applied in the course of rendering mental health services, their side effects and alternative methods of treatment;

out-patient mental health services - the mental health services including inspection of condition of mental health of persons on the bases and according to the procedure, the provided this Law and other laws, prevention, diagnostics of mental disturbances, treatment, observation, leaving, medico-social resettlement of persons suffering from mental disturbances in out-patient conditions;

stationary mental health services - the mental health services including inspection of condition of mental health of persons on the bases and according to the procedure, the provided this Law and other laws, diagnostics of mental disturbances, treatment, observation, leaving, medico-social resettlement of persons suffering from mental disturbances, and rendered in stationary conditions over 24 hours in a row.

Article 2. Legislation of Ukraine on mental health services

The legislation of Ukraine on mental health services is based on the Constitution of Ukraine and consists of Bases of the legislation of Ukraine on health care, this Law and other regulatory legal acts adopted according to them.

Operation of this Law extends to the citizens of Ukraine, foreigners and persons without citizenship who are in Ukraine.

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than those which are stipulated by the legislation Ukraine about mental health services then are applied rules of the international treaty.

Article 3. Presumption of mental health

Each person is considered not having mental disturbance until availability of such frustration is established on the bases and according to the procedure, the provided this Law and other laws of Ukraine.

Article 4. Principles of rendering mental health services

Mental health services are given on the basis of the principles of legality, humanity, observance of rights of man and citizen, voluntariness, availability and according to the modern level of scientific knowledge, need and sufficiency of measures of treatment, medical, psychological and social resettlement, provision of educational, social services.

Article 5. The state guarantees on providing with mental health services and social protection of persons suffering from mental disturbances

The state guarantees:

proper financial provision of rendering mental health services to the population, approval and accomplishment of the state target programs in this sphere;

free delivery of health care to persons suffering from mental disturbances, in the state and municipal healthcare institutions and free or on favorable terms providing them with medicines and products of medical appointment according to the procedure, established by the Cabinet of Ministers of Ukraine;

the monetary assistance according to the procedure, established by the Cabinet of Ministers of Ukraine, to person living together with person with disability of I or ІІ groups owing to mental disturbance which according to the conclusion of the medical commission of medical institution needs permanent care - on care of it. The amount of the specified help is calculated as difference between three subsistence minimums on each family member and average monthly comprehensive income of family for the last six months, but there cannot be more, than subsistence minimum as like as two peas per month;

rendering in the public and municipal institutions on rendering to mental health services the free diagnostic, advisory, medical, rehabilitation help in out-patient and stationary conditions;

implementation of all types of examination of mental condition of person;

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