ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 16, 2009 No. 296

About approval of the Regulations on procedure for conducting testing for alcohol, testings for drugs and medical examination for determination of state of intoxication and its nature

Based on part (2-6) articles 17 of the Law No. 713/2001 on control and the prevention of abuse of alcohol, illegal consumption of drugs and other psychotropic substances (The official monitor of the Republic of Moldova, 2002, Art. No. 36-38, 208) DECIDES: the Government

1. Approve Regulations on procedure for conducting testing for alcohol, testings for drugs and medical examination for determination of state of intoxication and its nature it (is applied).

2. To the Ministry of Health to exercise control of the organization of medical examination for determination of state of intoxication and its nature in the public medical and sanitary organizations authorized for these purposes.

3. Provide to the Ministry of Internal Affairs equipment of workers of the National inspectorate of public safety of the General inspectorate of police with technical means for conducting testing for alcohol, testing for drugs and to exercise control of situation in this area.

4. To impose control over the implementation of this Resolution on the Ministry of Health and the Ministry of Internal Affairs.

Approved by the Order of the Government of the Republic of Moldova of April 16, 2009 No. 296

Regulations on procedure for conducting testing for alcohol, testings for drugs and medical examination for determination of state of intoxication and its nature

I. General provisions

1. The regulations on procedure for conducting testing for alcohol, testings for drugs and medical examination (further - the Provision) are developed for determination of state of intoxication and its nature for the purpose of practical application of the Law No. 713/2001 on control and the prevention of abuse of alcohol, illegal consumption of drugs and other psychotropic substances.

2. For the purposes of this provision the concepts provided in the Law No. 713/2001 on control and the prevention of abuse of alcohol, illegal consumption of drugs and other psychotropic substances and also the following concepts are used:

other substances causing intoxication – drugs or substances, or medicines with similar action, and also the substances causing befuddling;

the laboratory medical analysis – complex of procedures for determination in biological examples of concentration of alcohol, availability and concentration of the narcotic, psychotropic substances, ethnobotanical means and their analogs and/or other substances causing intoxication;

authorized medical and sanitary institution – the public medical and sanitary organization properly equipped for performing medical examination for determination of state of intoxication and its nature and selection of biological tests.

3. For drivers of vehicles the following most admissible concentration of alcohol are established:

a) in blood - 0,3 of g/l;

b) in the exhaled air - 0,15 of mg/l.

4. The conclusion about state of intoxication is taken out:

a) the minimum degree – in case of establishment of concentration of alcohol from 0,3 to 0,7 of g/l in blood or from 0,15 to 0,35 of mg/l in the exhaled air;

b) the expressed degree – in case of excess of concentration of 0,7 alcohol of g/l in blood or 0,35 of mg/l in the exhaled air.

4-1. Availability is recognized organism of the narcotic, psychotropic, ethnobotanical drugs or substances and their analogs or medicines with similar action causing psychofunctional frustration of organism and the corresponding established clinical manifestations by condition of drug intoxication.

5. The following categories of persons are exposed to testing for alcohol and testing for drugs according to the decision of the police officer or other person, representative to hold similar testing:

a) the transport drivers suspected of alcohol intake, drugs, the ethnobotanical means, their analogs and/or other substances causing intoxication;

b) the persons suspected of alcohol intake, drugs, the ethnobotanical means, their analogs and/or other substances causing intoxication, disturbing the public peace and/or showing aggressive and violent behavior;

c) persons involved in the road accident, except for the hard cases which led to travmatization or the death of persons.

6. Are exposed to medical examination:

a) person who as a result of testing for alcohol establishes the concentration of alcohol in the exhaled air corresponding to state of intoxication of the expressed alkogolemiya degree;

b) persons suspected of making of crimes under the influence of alcohol, drugs, the ethnobotanical means, their analogs or other substances causing intoxication according to the decision of the employee of law enforcement agency;

c) the transport drivers and other participants of traffic involved in the road accident which entailed travmatization or the death of persons;

d) the persons suspected of alcohol intake, drugs, the ethnobotanical means, their analogs and other substances causing intoxication, disturbing the public peace and/or showing aggressive and violent behavior, refusing testing for alcohol and/or testing for drugs;

e) persons not concordant with results of testing for alcohol and/or testings for drugs or the protesting these results;

f) persons who addressed independently.

7. The necessary expenses connected with performing medical examination for determination of state of intoxication and its nature and also and/or the laboratory analysis of the selected tests (blood and/or urine) become covered at the expense of the applicant of survey/protest according to the existing regulations.

8. Provision of services by public medical and sanitary organizations and their payment by law enforcement agencies are performed based on the agreements signed according to the current legislation.

II. Procedure for conducting testing for alcohol and testing for drugs

9. Testing for alcohol and testing for drugs is held by the persons authorized for these purposes (workers of the National inspectorate of public safety of the General inspectorate of police, health workers, inspectors of "Control of sobriety" and others), trained in accordance with the established procedure, with observance of rules and the existing sanitary and epidemiologic standard rates according to the instructions approved for this purpose.

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