of November 23, 2016 No. 477-V
About rendering mental health services
This Law is directed to determination of legal and organizational basis of state regulation in the sphere of rendering mental health services and providing the rights of citizens in case of its rendering.
The basic concepts used for the purposes of this Law mean the following:
1) mental health services – complex of the actions directed to prevention, diagnostics of mental disturbances, treatment and rehabilitation of person suffering from mental disturbance or to inspection of condition of mental health of person which makes the actions which are the basis to assume availability at it mental disturbance;
2) mental disturbance – the condition of mental health of the person caused by violation of work of brain as a result of impact of biological, physical, chemical, psychological, social and other factors, established by the corresponding diagnosis;
3) mental health – the condition of spiritual wellbeing of the person which is characterized by its capability is adequate to realize and perceive surrounding reality, the mental condition and behavior in case of which there is no mental disturbance;
4) the patient – the person suffering from mental disturbance, receiving mental health services in out-patient or stationary conditions;
5) the representative of person who is given mental health services, – person acting for and on behalf of person of the reached age of eighteen years who is given mental health services for the purpose of protection of its rights and legitimate interests (further – the representative);
6) the specialist doctor – person having the higher medical education, which the medical activities connected with the organization and rendering mental health services having the right to be engaged according to the legislation of Turkmenistan;
7) psychiatric survey – the physical examination of person conducted for the purpose of determination of availability at it mental disturbance or need of rendering mental health services to it;
8) hospitalization of person suffering from mental disturbance – the placement of person suffering from mental disturbance to mental health (psychoneurological) facility (further – mental health facility);
9) mental health facility – medical institution which core activity is rendering mental health services, and also the psychiatric department (office) which is (being) in other medical institution, giving mental health services.
The legislation of Turkmenistan on rendering mental health services is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan in the sphere of rendering mental health services.
Operation of this Law extends to citizens of Turkmenistan, and also to foreign citizens and persons without citizenship if other is not established by the legislation of Turkmenistan.
The state guarantees to persons suffering from mental disturbances:
1) protection of their rights and legitimate interests;
2) rendering high-quality and safe mental health services in out-patient and stationary conditions;
3) acceptance of other measures necessary for rendering social support to them.
Also other state guarantees according to the legislation of Turkmenistan can be provided to persons suffering from mental disturbances.
Basic rights of person suffering from mental disturbance are:
1) implementation of the civil, political, economic, social and cultural laws;
2) the valid and humane attitude towards excluding humiliation of human dignity;
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