Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of January 7, 2012 No. 349-Z

About rendering mental health services

(as amended on 11-11-2019)

Accepted by the House of Representatives on December 19, 2011

Approved by Council of the Republic on December 20, 2011

This Law is directed to determination of legal and organizational basis of state regulation in the field of rendering mental health services and providing the rights of citizens in case of its rendering.

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

close relatives are parents, adoptive parents (adopters), children including adopted (adopted) brothers and sisters, the grandfather, the grandma, grandsons;

the specialist doctor in the field of rendering mental health services (further – the specialist doctor) – the person having the higher medical education with qualification "Psychiatrist", "Psychotherapist", "Doctor-neuropsychiatrist", "Narcologist", "Psychiatrist-narcologist" or who underwent retraining at the level of the higher education or clinical internship in "Psychiatry", "Psychotherapy", "Narcology", "Psychiatry narcology" and according to the procedure, established by the legislation, engaged in the activities connected with the organization and rendering mental health services;

hospitalization – the room of the patient in psychiatric hospital;

the final diagnosis of mental disturbance (disease) – the diagnosis established by the specialist doctor or the medical and consulting commission based on data on the postponed earlier mental disturbances (diseases), results of the conducted examinations and assessment of condition of mental health of the patient;

the legal representative – parents, adoptive parents (adopters), the guardian, the custodian, and also the organization on which care there is patient;

rendering mental health services forcibly – rendering mental health services without the consent of the patient or his legal representative on the bases and according to the procedure, the established this Law;

the patient – person suffering from mental disturbance (disease), person whose actions (failure to act) give the grounds to assume availability at it mental disturbance (disease), person who addressed for rendering mental health services, person receiving mental health services;

planned mental health services – form of rendering mental health services in case of the mental disturbances (diseases) which are not requiring the emergency or urgent medical intervention of the specialist doctor and not posing direct hazard to life and (or) health of the patient, life and (or) health of other persons;

forced psychiatric survey – the psychiatric survey which is carried out without the consent of the patient or his legal representative on the bases and according to the procedure, the established this Law;

mental health services – specialized medical care, including psychotherapeutic, psychoneurological, narcological, including medical prevention, diagnostics, treatment of mental disturbances (diseases) and medical rehabilitation of patients;

the psychiatric (psychoneurological) organization (further – the psychiatric organization) – the medical scientific organization which is engaged in accordance with the established procedure in rendering mental health services and also the organization of health care which core activity are the organization and rendering mental health services;

psychiatric hospital – the state psychiatric organization, other state organization rendering according to the procedure, established by the legislation, mental health services in stationary conditions;

psychiatric survey – studying and assessment of condition of mental health of the patient;

mental health – the condition of complete spiritual wellbeing of the person which is characterized by its capability is adequate to realize surrounding reality, the mental condition and behavior, and not just lack of mental disturbances (diseases);

mental disturbance (disease) – the condition (disease) caused by disorder of mental health of the person owing to violation of functioning of organism as a result of impact of biological, physical, chemical, psychological, social, other factors, which is characterized by psychopathological and (or) behavioural violations;

emergency mental health services – form of rendering mental health services in case of sudden origin at the patient of mental disturbances (diseases) and (or) aggravation of chronic mental disturbances (diseases) requiring the emergency or urgent medical intervention.

Article 2. Coverage of this Law

Operation of this Law extends to citizens of the Republic of Belarus, and also foreign citizens and stateless persons if other is not provided by the Constitution of the Republic of Belarus, other legal acts and international treaties of the Republic of Belarus.

Article 3. Legal regulation of the relations in the field of rendering mental health services

rendering mental health services

The relations in the field of rendering mental health services are governed by the legislation in the field of rendering mental health services, and also international treaties of the Republic of Belarus.

The legislation in the field of rendering mental health services is based on the Constitution of the Republic of Belarus and No. 2435-XII "About health care", this Law and other acts of the legislation consists of the Law of the Republic of Belarus of June 18, 1993.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. The organizations and the individual entrepreneurs giving mental health services

Direct rendering mental health services is performed by the state and non-state psychiatric organizations, other organizations of health care which are not the psychiatric organizations and rendering according to the procedure, established by the legislation, mental health services (further if other is not provided by this Law, – the organizations of health care).

The right to rendering mental health services according to the procedure, established by the legislation, also have:

State committee of judicial examinations;

other organizations which along with the main activities perform medical activities including the organizations of social servicing performing stationary social servicing (further – stationary organizations of social servicing), organizations of criminal executive system on which staff the specialist doctor is;

the individual entrepreneurs performing medical activities.

Operation of this Law regarding requirements imposed to the organizations of health care extends to the organizations and the individual entrepreneurs specified in part two of this Article when rendering mental health services by them if other is not provided by this Law and (or) other legal acts.

Forced psychiatric survey is performed by the state psychiatric organizations and other state organizations of health care which are not the psychiatric organizations and rendering according to the procedure, established by the legislation, mental health services.

Dispensary observation is performed by the state psychiatric organizations and other state organizations of health care which are not the psychiatric organizations and rendering according to the procedure, established by the legislation, mental health services, and also stationary organizations of social servicing, organizations of criminal executive system on which staff the specialist doctor is.

Rendering mental health services on the bases provided by part two of article 34 of this Law is performed by psychiatric hospitals.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.