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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 12, 2015 No. 50

About approval of the Regulations on performing medical examination regarding establishment of state of intoxication alcohol, drugs and psychotropic substances or the fact of alcohol intake, drugs and psychotropic substances in the Kyrgyz Republic

(as amended on 31-10-2019)

For the purpose of implementation of the laws of the Kyrgyz Republic "About drugs, psychotropic substances and precursors", "About prevention of offenses in the Kyrgyz Republic", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on performing medical examination regarding establishment of state of intoxication by alcohol, drugs and psychotropic substances or the fact of alcohol intake, drugs and psychotropic substances in the Kyrgyz Republic according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister

J. K. Otorbayev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of February 12, 2015 No. 50

Regulations on performing medical examination regarding establishment of state of intoxication alcohol, drugs and psychotropic substances or the fact of alcohol intake, drugs and psychotropic substances in the Kyrgyz Republic

1. General provisions

1. This Provision regulates procedure for performing medical examination regarding establishment of state of intoxication alcohol, drugs and psychotropic substances or the fact of alcohol intake, drugs and psychotropic substances.

2. Performing medical examination is assigned to State Healthcare Institutions.

3. Medical examination and execution of the protocol of medical examination are performed by doctors the addiction psychiatrists or doctors of other specialties who had special training and to whom obligations on performing medical examination are assigned.

2. Bases for appointment and performing medical examination

4. Medical examination regarding establishment of state of intoxication or the fact of alcohol intake, drugs and psychotropic substances is carried out in the following cases:

- on the bases provided by the Code of the Kyrgyz Republic about violations, the legislation of the Kyrgyz Republic (emergence at work in condition of alcoholic, other intoxication, drinking of alcoholic drinks on workplace, control of vehicles in state of intoxication, etc.);

- in case of the road accidents concerning participants of the road accidents;

- in connection with making or suspicion about committing by person of the illegal acts attracting the responsibility provided by the penal legislation of the Kyrgyz Republic;

- according to the application in person of citizens;

- in case of inspection of the military personnel who was traumatized, mutilations, wounds, poisonings provided by the Law of the Kyrgyz Republic "About compulsory national insurance of life and health of the military personnel and persons liable for call-up called on training and special sessions, and persons equated to them";

- in case of inspection of the foreign citizens and stateless persons who are subject to the direction on survey on an equal basis with citizens of the Kyrgyz Republic except the cases established by the legislation of the Kyrgyz Republic;

- in case of failure of face of survey regarding stay in state of intoxication with use of special technical means or its disagreement with result of such survey.

5. The protocol on the direction on medical examination constituted by the employee of authorized body with indication of the reasons which caused the necessity of performing medical examination shall be provided to the doctor making medical examination.

6. In case of medical examination according to the personal address of the citizen, osvidetelstvuyemy person shall submit the document proving his identity and the written application about carrying out to it medical examination with statement of the reason of its request.

3. Procedure for performing medical examination

7. Methods when performing medical examination are:

- clinical inspection (survey, observation, interrogation, physical methods of inspection);

- high-quality chemical tests on content of alcohol, drugs and psychotropic substances in organism (research of the exhaled air, urine);

- laboratory research of various biological environments of organism on qualitative and quantitative content of alcohol, drugs and psychotropic substances in organism (urine, blood).

8. Clinical inspection is basis for pronouncement of the conclusion about results of medical examination.

9. In addition for pronouncement of the conclusion about intoxication are used research of the exhaled air on alcohol and data of laboratory and chemical researches of biological environments on content of alcohol, drugs and psychotropic substances in organism.

10. When carrying out research of the exhaled air on alcohol, for the purpose of non-admission of mistakes and misstatement of results of research of the exhaled air, the room shall be well aired, smells of air, alcohol, gasoline, cologne, acetone and other flying combustible substances are eliminated.

The research of biological environments on content of alcohol, drugs and psychotropic substances in organism or the exhaled air on alcohol can be conducted with use of methods, devices (the chromatograph, the breathalyzer, etc.), the chemical reactions and tests registered and permitted in medical practice of the Kyrgyz Republic.

11. Obligatory blood test on availability in it of alcohol, drugs and psychotropic substances is carried out in the following cases:

- in the presence of medical indications (for example, severe injuries, poisonings, unconsciousness, etc.);

- in conflict and disputable cases (when subexpert does not agree with the exposed conclusion);

- when making the road accident concerning participants of the road accident (from the death or significant material damage);

- in case of suspicion on not alcoholic (narcotic, toxic) intoxication;

- in case of repeated medical examination no later than two hours after primary medical examination;

- according to the written requirement of osvidetelstvuyemy person;

- in case of inspection of the military personnel in case of the appeal to medical institutions (irrespective of patterns of ownership) over one days, but no later than 48 hours from the moment of getting injured, wound, mutilation, poisoning.

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