of December 26, 2008 No. 2024
About approval of the Regulations on procedure of independent medical examination
According to article 37 of the Law of the Republic of Belarus of June 18, 1993 "About health care" the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on procedure of independent medical examination.
2. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of July 25, 2002 No. 1006 "About approval of the Regulations on independent medical examination" (The national register of legal acts of the Republic of Belarus, 2002, No. 88, 5/10866).
3. This resolution becomes effective since January 2, 2009.
Republic of Belarus S. Sidorsky
Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 26, 2008 No. 2024
1. This Provision establishes procedure of independent medical examination in case of the patient's disagreement with the conclusion of medico-rehabilitation commission of experts (further - MREK) or the military-medical examination performed by the military-medical or medical and flight commission (further - VVE).
2. Independent medical examination is recognized independent if the carrying-out her experts or members of expert medical commission are not in job or other dependency from the organization or the commission which were earlier carrying out medical expertize and also from state bodies, other organizations, the official and physical persons interested in its results.
3. For implementation of independent medical examination the permanent interdepartmental scientific commission of experts is created (further - NEK).
Organizational technical supply of activities of NEK is performed by public institution "Republican scientific and practical center of medical examination and rehabilitation" (further - RNPTs of medical examination and rehabilitation).
The structure and regulations on NEK affirm the Ministry of Health in coordination with republican state bodies which competence includes carrying out VVE.
4. The direction for independent medical examination is performed according to the statement of the patient within a month after pronouncement of the conclusion of higher MREK or VVE:
The Ministry of Health or managements of health care of regional executive committees, Healthcare Committee of the Minsk Gorispolkom - in case of appeal by the patient of the conclusion of MREK;
the republican state body performing management and control of carrying out VVE - in case of appeal by the patient of the conclusion of VVE.
5. Independent medical examination is performed within a month from the date of submission to RNPTs of medical examination and rehabilitation of necessary medical documents, as a rule, by carrying out expert evaluation of medical documents of the patient at meeting of NEK.
6. If implementation of independent medical examination requires additional inspection of the patient, it is performed in the direction of the chairman of NEK in the clinic of RNPTs of medical examination and rehabilitation or other state organizations of health care determined by the chairman of NEK.
7. In case of receipt of request from the chairman of NEK with request to submit documents for implementation of independent medical examination the organization within five working days from the date of its obtaining represents originals or copies of the documents specified in request certified in accordance with the established procedure to NEK or directs them the valuable (custom) mailing.
The medical record of the ambulatory patient and the medical record of the stationary patient, source medical documents MREK and VVE are represented only in the original.
8. For the period of additional inspection of the patient and submission to NEK of necessary documents implementation of independent medical examination stops.
9. Directs work of NEK the chairman who:
bears responsibility for the organization of work of NEK and justification of the passed decisions;
has the right to receive from the organizations irrespective of their patterns of ownership the data necessary for implementation of independent medical examination, including data on nature and working conditions of the patient;
fixes date, time and the venue of meeting of NEK;
performs other functions, stipulated by the legislation.
10. Members of NEK shall:
perform the comprehensive objective analysis of the documents submitted for independent medical examination, including results of the conducted examinations of the patient;
provide objectivity and justification of conclusions of the conclusion of NEK;
observe established procedure and terms of conducting independent medical examination;
ensure safety of the received documents and confidentiality of the data received when implementing independent medical examination.
11. Members of NEK have the right:
get acquainted with all received documents relating to implementation of independent medical examination;
put questions before the chairman of NEK of need of receipt of additional documents, carrying out additional physical examinations or about the termination of implementation of independent medical examination;
draw up special opinion in case of disagreement with the decision of NEK;
perform other functions, stipulated by the legislation.
12. Secretary of NEK:
will organize preparation of meetings of NEK, performs technical supply of its work;
brings to members of NEK of the data on date, time and the venue of meetings of NEK;
conducts clerical work of NEK, draws up protocols of its meetings and the conclusion of NEK about results of independent medical examination (further - the conclusion of NEK);
performs other functions, stipulated by the legislation.
13. Meetings of NEK are held as required in the terms established by the chairman of NEK, but at least once a month.
14. Meetings of NEK are conducted by the chairman of NEK or according to its order the vice-chairman.
The meeting of NEK is considered competent if at it there is at least a half of her members.
On meetings of NEK representatives of other organizations can be attracted in accordance with the established procedure (with the right of advisory vote).
15. Decisions of NEK are made by a simple majority vote the members of NEK who are present at meeting by open voting. In case of equality of votes the chairman's voice is considered decisive.
16. During independent medical examination the secretary of NEK takes the protocol in which the information about the patient, questions considered during the meeting, conclusions of members of NEK, their special opinion (in the presence), the list of the documents considered during the meeting of NEK and the other information which formed the basis for decision of NEK is specified.
Decisions of NEK are drawn up by protocols which are signed by the chairman of NEK and members of the commission participating in meeting.
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