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LAW OF THE AZERBAIJAN REPUBLIC

On June 12, 2001 No. 142-IIG

About mental health services

(as amended on 20-11-2020)

This Law governs the relations arising in the field of rendering mental health services in the Azerbaijan Republic, establishes the rights and obligations of legal entities and physical persons in this area.

Section I. General provisions

Article 1. Basic concepts

1.0. The basic concepts used in this Law express the following values:

1.0.1. the psychiatrist - the specialist who is engaged in the procedure established by the legislation in psychiatric activities;

1.0.2. the chief psychiatrist - the specialist appointed by relevant organ of the executive authority on the territory in the field of mental health services;

1.0.3. hospitalization - the placement of person to mental health facility (psychoneurological organization) for the purpose of survey and treatment;

1.0.4. involuntary hospitalization - the room of person who was not committing crime with heavy mental disturbance (disease) in mental health facility in the presence of the bases for survey and treatment established by this Law in spite of himself based on the judgment according to the procedure, established by this Law and the Code of civil procedure of the Azerbaijan Republic.

1.0.5. forced hospitalization (enforcement powers of medical nature) - the placement of the persons who committed crime in deranged condition or got sick with mental disease after crime execution, or being in the condition of mental disturbance which is not excluding sanity, to mental health facility for survey and treatment based on the judgment according to the procedure established by the Criminal code and the Code of penal procedure of the Azerbaijan Republic;

1.0.6. the informed consent - expression by the patient or his legal representative of the fact that he understands information on adoption of the voluntary decision on treatment, the purposes and benefit of treatment, amount, term and method of measures of treatment, expected risks, and also on refusal of treatment and its suspension provided to it;

1.0.7. emergency mental health services - the mental health services given according to the decision of the psychiatrist (the medical and psychiatric commission) in case the delay of rendering mental health services to person poses threat of life and to his health or other persons;

1.0.8. the patient - the person who is in condition of mental disturbance or using mental health services;

1.0.9. mental health services - type of the specialized medical care covering survey of mental condition of the patient, diagnostics of mental disturbance, treatment and prevention, psychosocial rehabilitation;

1.0.10. mental health facility (psychoneurological organization) - the medical institution performing in the procedure established by the legislation activities in the field of mental health services or its department;

1.0.11. mental disturbance (disease) - clinically expressed psychopathological form of behavior which is followed by violation of social adaptation and health.

Article 2. Legislation of the Azerbaijan Republic on mental health services

The legislation of the Azerbaijan Republic on mental health services consists of the Constitution of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About public health care", this Law, other regulatory legal acts and international treaties supported by the Azerbaijan Republic.

Article 3. Basic principles of rendering mental health services

Rendering the medical and public assistance to persons which are in condition of mental disturbance is guaranteed by the state and performed on the basis of the principles of legality, humanity, observance of rights and freedoms of man and citizen.

Article 4. Scope of this Law

4.1. This Law extends on the legal entities and physical person receiving mental health services, and also giving mental health services in the territory of the Azerbaijan Republic.

4.2. The persons without citizenship who are constantly living in the Azerbaijan Republic have all rights connected with mental health services provided by this Law for citizens of the Azerbaijan Republic.

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