It is registered
Ministry of Justice
Republic of Tajikistan
On May 13, 2014 No. 399
of May 3, 2014 No. 298
About the Procedure for medical examination of state of intoxication and registration of its results
According to article 73 of the Procedure Code about administrative offenses the Government of the Republic of Tajikistan decides;
1. Approve the Procedure for medical examination of state of intoxication and registration of its results it (is applied).
2. Irrespective of their patterns of ownership and departmental subordination to provide to the ministries and departments, executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas, the companies, the organizations and organizations accomplishment of this Procedure.
Prime Minister of the Republic of Tajikistan
Approved by the Order of the Government of the Republic of Tajikistan of May 3, 2014, No. 298
1. The procedure for medical examination of state of intoxication and registration of its results (further - the Procedure) determines procedure for performing medical examination of citizens for factual determination of alcohol intake, drugs and state of intoxication under control of vehicles, and also registrations of its results. Main objective of this Procedure is establishment of single practice in performing medical examination of citizens for determination of the fact of alcohol intake or drugs and assessment of state of intoxication under control of vehicles, and also registrations of its results.
2. In this Procedure the following determinations are used:
- medical examination - package of measures of medical nature, directed to determination of the fact of alcohol intake, drugs and assessment of state of intoxication;
- alcohol intoxication - the passing condition which resulted from the use of alcoholic drinks with manifestation of specific mental and behavioural disturbances;
- condition of drug intoxication - the condition which resulted from consumption of drugs with manifestation of specific mental and behavioural disturbances;
- the qualified medical advisory commission - the body functioning under head narcological organizations for the solution of disputable and difficult questions of medical examination, factual determination of alcohol intake, drugs and state of intoxication, and also registration of its results and studying of reliability of the carried-out surveys and issue of the protocol;
- syndromes - set of symptoms or clinical signs of frustration;
- biological environment (biosreda) - blood, saliva, urine and other allocations researched.
3. Medical examination for factual determination of alcohol intake, drugs and state of intoxication is carried out in specialized offices of the narcological centers by doctors addiction psychiatrists or in treatment and prevention facilities doctors the addiction psychiatrists or other medical experts who had special training on diagnostics of alcoholic, drug intoxication and also is direct in the organizations and vehicles which are specially equipped for these purposes.
In settlements, remote from medical institutions, where there is no staff of the doctor, the special solution of local medical authority, according to the procedure of exception, allows conducting examination or medical examination by the average health worker (paramedic) who is working in medical aid station and having special preparation on diagnostics of alcoholic, drug intoxication.
4. Special training of the doctors and average medical personnel making medical examination is performed based on the narcological centers according to special programs.
5. Medical examination for factual determination of alcohol intake or drugs and state of intoxication is carried out if the administrative responsibility for such acts is provided in compliance with the current legislation:
- consumption of alcoholic drinks;
- consumption of drugs;
- consumption of toxic substances;
- the control of vehicles is able alcoholic or drug intoxication condition;
- getting injured in alcohol intoxication or condition of drug intoxication. State of intoxication is estimated when;
- rough imprudence of the victim is or can be the cause of the accident or increases of the brought damage and also in case attraction to full financial responsibility is provided;
- the damage is caused during execution of service duties, etc., in the alcohol intoxication or condition caused by consumption of drugs.
This Procedure does not extend to narcological survey in case of medicolegal and forensic-psychiatric examinations. Forensic medical examination is carried out in accordance with the established procedure based on the resolution of investigating and judicial authorities.
6. Person making survey is guided by this Procedure and other industry legal acts.
7. Survey is made in the official directions of law enforcement agencies, court, and also officials of the companies, departments and organizations for place of employment osvidetelstvuyemy or without the direction in case of maintenance by the official of osvidetelstvuyemy. In all cases the doctor who is carrying out survey shall get acquainted with the reasons, the bases and the purposes which caused the necessity of survey.
Note: carrying out survey according to the personal address of citizens without the official direction is allowed. At the same time osvidetelstvuyemy shall submit the identity document and the written application with detailed statement of its request for performing medical examination. Results of survey are reported osvidetelstvuyemy, addressed without the official direction, orally, the protocol with result of survey can be issued by the official written request of the interested departments and the organizations.
8. Persons which are subject to survey from the moment of emergence of the circumstances requiring its carrying out shall be quickly brought to the place of survey or be independently.
9. The doctor or the average health worker shall make sure of the personality osvidetelstvuyemy by acquaintance with identity documents osvidetelstvuyemy (the passport, the car driver license or other document replacing them). Lack of identity documents, does not form the basis to carrying out survey, in this case the personality of osvidetelstvuyemy is identified by authorized bodies (except as specified, specified in the note of Item 7 of this Procedure).
10. In the absence of identity documents, in the magazine of survey it is fixed that data on his personality are written down according to the osvidetelstvuyemy or accompanying his face.
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