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Ministry of Justice of Ukraine

February 10, 2012

No. 212/20525

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE AND MINISTRY OF HEALTH OF UKRAINE

of February 10, 2012 No. 239/5/104

About approval of the Order of interaction of institutions of health care of the Public criminal and executive service of Ukraine with health care institutions concerning provision of medical care to persons detained

(as amended on 10-05-2017)

According to article 11 of the Law of Ukraine "About pre-trial detention", Articles 6, 39, 72 Bases of the legislation of Ukraine on health care and for the purpose of enhancement of medical support of persons detained PRIKAZYVAYEM:

1. Approve the Order of interaction of institutions of health care of the Public criminal and executive service of Ukraine with health care institutions concerning provision of medical care to persons detained (further - the Procedure) which is applied.

2. To provide to chiefs of managements (departments) of the Public penitentiary service of Ukraine in the Autonomous Republic of Crimea and Sevastopol, Kiev and Kiev region, areas studying of this Procedure by personnel of bodies, organizations of execution of punishments and pre-trial detention centers and to take measures concerning its accomplishment.

3. To provide to the Minister of Health of the Autonomous Republic of Crimea, chiefs of managements (head departments) of health care of the regional, Kiev and Sevastopol city public administrations accomplishment of the order in health care institutions.

4. (Zerkal O. V.) to submit to department of interaction with authorities of the Ministry of Justice of Ukraine this order on state registration according to the Presidential decree of Ukraine of 03.10.92 No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

5. To impose control over the implementation of this order on the First Deputy Chairman of the Public penitentiary service of Ukraine and the First Deputy Minister of Health of Ukraine.

6. This order becomes effective from the date of its official publication.

Minister of Justice of Ukraine

A. V. Lavrinovich

Minister of Health of Ukraine

O. V. Anishchenko

Approved by the Order of the Ministry of Justice of Ukraine, the Ministry of Health of Ukraine of February 10, 2012, No. 239/5/104

Order of interaction of institutions of health care of the Public criminal and executive service of Ukraine with health care institutions concerning provision of medical care to persons detained

І. General provisions

1.1. This Procedure determines interaction of institutions of health care of the Public criminal and executive service of Ukraine with health care institutions concerning provision of medical care to persons detained.

1.2. The approximate list of institutions of health care for provision of medical care to persons detained (the approximate list is farther), is determined by the Ministry of Health of the Autonomous Republic of Crimea, managements (head departments) of health care of the regional, Kiev and Sevastopol city public administrations and interregional managements concerning execution of criminal penalties and probation of the Ministry of Justice taking into account specialization of institutions of health care and availability of the conditions allowing to provide isolation of persons detained.

ІІ. The organization of interaction of institutions of health care of the Public criminal and executive service of Ukraine with health care institutions in case of arrival of persons detained in pre-trial detention centers and during their stay in the pre-trial detention center

2.1. All persons which arrived to pre-trial detention centers (further - the pre-trial detention center), including persons who move under guards (are escorted), have primary medical examination for the purpose of identification of persons to which bodily harms are caused and which pose epidemic threat for environment or need emergency medical service.

On everyone person who again arrived to the pre-trial detention center is brought form of primary accounting documentation No. 025/about "The medical record of the outpatient No. ___", approved by the order of the Ministry of Health of Ukraine of February 14, 2012 No. 110, registered in the Ministry of Justice of Ukraine on April 28, 2012 for No. 661/20974 (further - the Order No. 110).

In case of detection of injuries at person detained by the health worker constitutes the reference in triplicate in which nature of damages, their sizes and arrangement is in detail described. The first two copies of the reference join materials of the personal record and medical card of person detained, and the third copy is handed out to it.

At person detained the pre-trial detention center management for days in writing informs the prosecutor on the fact of detection of injuries, and also is fixed in register of detection of injuries at persons which arrived to the pre-trial detention center (appendix).

2.2. All persons which are disposed from the pre-trial detention center have medical examination with carrying out fluorographic inspection (persons who follow en route, - in case fluorographic examination was conducted more than 12 months to that). After the end of survey the conclusion concerning the state of health of everyone who is disposed which is entered in the medical record of the outpatient becomes.

The health worker who performed survey appends the signature under the conclusion on the open reference of the personal record of person which is disposed from the pre-trial detention center.

2.3. Physical examination of persons detained is performed in case of their address with the claim to the state of health at the initiative of the doctor of medical part of the pre-trial detention center or administration of the pre-trial detention center.

During physical examination of person detained for the purpose of establishment of the diagnosis the doctor of medical part of the pre-trial detention center uses data of the anamnesis, medical documentation which is attached to the personal record, the results of survey yielded laboratory, radiological and functional methods of research. If necessary the management of the pre-trial detention center sends request in institution of health care which provided medical care to person detained concerning results of dispensary, out-patient, stationary supervision or treatment.

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