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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 17, 2017 No. 71

About some questions of the Ministries of Health and national economy of the Republic of Kazakhstan

(as amended on 22-09-2020)

According to the Presidential decree of the Republic of Kazakhstan of January 25, 2017 "About further enhancement of system of public administration of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan DECIDES: No. 412

1. Reorganize:

1) Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan by allocation of Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan from it;

2) Committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan and Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan by merge in Committee on regulation of natural monopolies, protection of the competition and the rights of consumers of the Ministry of national economy of the Republic of Kazakhstan.

2. Rename:

1) Committee of control of medical and pharmaceutical activities of the Ministry of health and social development of the Republic of Kazakhstan in Committee of pharmacy of the Ministry of Health of the Republic of Kazakhstan;

2) Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan in Committee of payment of medical services of the Ministry of Health of the Republic of Kazakhstan;

3) public institutions - territorial subdivisions of Committee of control of medical and pharmaceutical activities of the Ministry of health and social development of the Republic of Kazakhstan, Committee of payment of medical services of the Ministry of health and social development of the Republic of Kazakhstan, Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan according to appendix 1 to this resolution;

4) the state legal entities according to appendix 2 to this resolution;

5) the state legal entities of Committee on consumer protection of the Ministry of national economy of the Republic of Kazakhstan according to appendix 3 to this resolution.

3. Determine:

1) the Ministry of Health of the Republic of Kazakhstan authorized body on management of the corresponding industry (sphere) of public administration concerning the state legal entities provided by the subitem 4) of Item 2 of this resolution;

2) Committee of protection of public health of the Ministry of Health of the Republic of Kazakhstan by authorized body on management of the corresponding industry (sphere) of public administration concerning the state legal entities provided by the subitem 5) of Item 2 of this resolution.

4. Approve enclosed:

1) Regulations on the Ministry of Health of the Republic of Kazakhstan (further - the Provision);

2) changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan.

5. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix 4 to this resolution.

6. This resolution becomes effective from the date of its signing, except for subitems 152-3), 152-4), 152-5), 152-6), 152-7), 152-8), 152-9) of functions of central office and the subitem 20) of function of departments of Item 16 of the Provision which become effective since April 11, 2019 according to the laws of the Republic of Kazakhstan of October 5, 2018 "About standardization" and "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning ensuring unity of measurements and standardization".

Prime Minister of the Republic of Kazakhstan

B. Sagintayev

Approved by the Order of the Government of the Republic of Kazakhstan of February 17, 2017 No. 71

Regulations on the Ministry of Health of the Republic of Kazakhstan

Chapter 1. General provisions

1. The Ministry of Health of the Republic of Kazakhstan (further - the Ministry) is the state body of the Republic of Kazakhstan performing management in the field of protection of public health, medical and pharmaceutical science, medical and pharmaceutical education, drug circulation, products of medical appointment and medical equipment, control of quality of medical services, sanitary and epidemiologic wellbeing of the population, control and supervision of observance of the requirements established by technical regulations and regulating documents and also in the field of safety of food products at stage of its realization (further - the regulated sphere), cross-industry coordination, strategic, regulating, control and supervising, realizable and allowing functions.

2. The ministry has the following departments:

Committee of sanitary and epidemiologic control of the Ministry of Health of the Republic of Kazakhstan;

Committee of medical and pharmaceutical control of the Ministry of Health of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President, the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the current legislation.

9. Ministry location: 010000, city of Astana, Esilsky district, prospectus of M?? g_l_k Ate 8, the office building "The house of the ministries", the 5th entrance.

10. Full name of the Ministry - public institution "Ministry of Health of the Republic of Kazakhstan".

11. This Provision is the constituent document of the Ministry.

12. Financing of activities of the Ministry is performed from the republican budget.

13. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of the Ministry.

If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Mission, main objectives, functions, prava of obligation of the Ministry

14. Mission of the Ministry:

improvement of health of citizens of Kazakhstan by effective forming and realization of state policy, implementation of cross-industry coordination and state regulation of provision of services in the field of health care.

15. Tasks:

forming and realization of state policy, implementation of cross-industry coordination and public administration in the area:

1) protection of public health, sanitary and epidemiologic wellbeing of the population, medical and pharmaceutical science, medical and pharmaceutical education, drug circulation, products of medical appointment and medical equipment, control of quality of medical services;

2) providing according to the legislation of the Republic of Kazakhstan receipts of free medical care by citizens within the amount guaranteed by the state;

3) organizations of providing population and organizations of health care with safe, effective and high-quality medicines;

4) implementation of cross-industry coordination of activities of state bodies for ensuring realization of state policy in the sphere of protection of sanitary and epidemiologic wellbeing of the population;

other tasks assigned to the Ministry by the legislation of the Republic of Kazakhstan.

16. Functions:

functions of central office:

1) forming and realization of state policy in the field of health care, in the sphere of sanitary and epidemiologic wellbeing of the population and protection of public health;

2) development and program implementation in the field of health care, in the sphere of sanitary and epidemiologic wellbeing of the population;

3) development and approval within the competence of regulatory legal acts, forms of accounting and reporting documentation, legal acts, including methodical recommendations in health care, of the sphere of sanitary and epidemiologic wellbeing of the population; regulating documents in the field of safety of the food products which are subject to sanitary and epidemiological surveillance;

4) determination of priorities of scientific developments, the organization of carrying out scientific research and coordination of scientific maintenance in the field of health care, development of the concept of medical science;

5) implementation of international cooperation in the field of health care, including in the sphere of sanitary and epidemiologic wellbeing of the population, medical and pharmaceutical science, medical and pharmaceutical education;

6) the conclusion of memorandums (agreements) with heads of the local executive bodies directed to achievement of resulting effects of activities in the field of health care;

7) implementation of monitoring of realization of policy in the field of health care;

8) organization of medical care;

9) development and approval of standards and regulations in the field of health care;

10) organization of forming of healthy lifestyle and healthy food;

11) implementation of forming and implementation of the state social order concerning health protection and promotion of healthy lifestyle among youth;

12) implementation of new methods of prevention, diagnostics, treatment and medical rehabilitation, and also on control of them;

13) ensuring development of medical and pharmaceutical science and coordination of scientific activities in the field of health care;

14) approval of regulations on internship and residency;

15) approval of the list of clinical specialties of internship, residency;

16) placement of the state educational order on preparation, retraining and advanced training of personnel in the field of health care;

17) providing together with authorized body in the field of education of training of general practitioners, pediatricians and average health workers concerning early identification of children of risk group;

18) approval of procedure for advanced training and retraining of medical and pharmaceutical personnel, and also qualification requirements to the organizations realizing programs of additional medical and pharmaceutical education;

19) approval of the state obligatory standards and standard professional training programs on medical and pharmaceutical specialties, and also regulations on clinical bases of the organizations of education in the field of health care and requirements imposed to them;

20) approval of standard training programs on medical and pharmaceutical specialties in coordination with authorized body in the field of education;

21) implementation of planning of preparation of medical and pharmaceutical personnel within the powers taking into account requirement of industry;

22) implementation of scientific and medical examination of scientific projects and programs, scientific and medical developments in the field of health care;

23) determination of procedure for issue of the conclusions (allowing documents) for import to the territory of the Republic of Kazakhstan and export from the territory of the Republic of Kazakhstan of haematopoietic stem cells, marrow in case of their movement for the purpose of performing unrelated transplantation, and also samples of cages, fabrics, biological liquids and secrets, including the waste products of the person, physiological and pathological allocations, dabs, scrapes, washouts intended for the diagnostic scientific purposes or received in the course of carrying out biomedical researches;

24) statement of structure and regulations on the form commission of authorized body;

25) approval of accreditation standards in the field of health care;

26) approval of requirements for carrying out clinical and preclinical (not clinical) trials;

27) development and approval of rules of encouragement of employees of the organizations of health care participating in rendering complex of actions within the guaranteed amount of free medical care (further - GOBMP), and rules of assignment of honorary titles of health care;

28) monitoring of rendering amount of medical care and ensuring effective use of resources within GOBMP and in system of compulsory social medical insurance (further - OSMS);

29) evaluating system of the motivation of employees of the medical organizations oriented to achievement of resulting effect of work within GOBMP and in the OSMS system;

30) implementation of coordination and monitoring of implementation and execution of the programs and the directions realized within GOBMP and in the OSMS system;

31) coordination of appointment of heads of local authorities of public administration by health care;

32) statement of structure and provision of the Central commission on questions of ethics;

33) implementation of actions for equipment of the state organizations of health care;

34) ensuring readiness of the subordinated organizations for the prevention and treatment of diseases of the population in case of emergency situations;

35) determination of procedure and conditions of rendering paid services in the organizations of health care;

36) approval of rules of the direction of citizens of the Republic of Kazakhstan on treatment abroad at the expense of budgetary funds;

37) approval of procedure for providing citizens with medicines;

38) development and approval of rules of evaluating safety and quality of the medicines and products of medical appointment registered in the Republic of Kazakhstan;

39) approval of the list of the socially important diseases and diseases constituting danger to people around;

40) approval of procedure for conducting examination of temporary disability, and also issue of leaf and certificate of temporary disability;

41) approval of the qualification requirements imposed to medical and pharmaceutical activities;

42) determination of procedure for cost recovery to the organizations of health care at the expense of budgetary funds;

43) approval of procedure for delivery of health care;

44) approval of procedure for rendering primary health care, and also attachment of citizens to the organizations of primary health care;

45) approval of procedure for rendering the consulting and diagnostic help;

46) approval of procedure for rendering the stationary help;

47) approval of procedure for rendering the hospital-replacing help;

48) approval of procedure for rendering emergency medical service;

49) approval of procedure for provision of medical care in the form of sanitary aircraft;

50) approval of procedure for recovery treatment and medical rehabilitation, including children's medical rehabilitation;

51) development and approval of the State pharmacopeia of the Republic of Kazakhstan;

52) determination of the list of the medicines, products of medical appointment and medical equipment which are purchased from the single distributor;

53) development and approval of rules of use of technical means of control, devices of observation and fixing, photo, the video equipments used in the medical organizations for the purpose of ensuring protection of the rights of patients;

54) coordination of activities of subjects of health care;

55) determination of procedure for carrying out certification on professional competence of specialists in the field of health care;

56) development and approval of standard rates of equipment of preclinical simulyatsionny offices of medical colleges;

57) approval of procedure for forming of the register of the subjects of health care enabling the wholesale and retail realization of products of medical appointment and medical equipment in notifying procedure;

58) determination of procedure for development and approval of the Kazakhstan national medicinal form, and also procedure for development and coordination of medicinal forms of the organizations of health care;

59) approval of rules of conducting inspection in the sphere of drug circulation, products of medical appointment and medical equipment;

60) approval of lists of the organizations for performing preclinical (not clinical), clinical trials of biologically active agents, pharmacological and medicines, products of medical appointment and medical equipment;

61) approval of procedure for performing medical examinations of persons applying for receipt of the right of control of vehicles;

62) determination of procedure for accreditation in the field of health care;

63) determination of procedure for ensuring obtaining by citizens of the Republic of Kazakhstan and oralmans of GOBMP;

64) approval of the list of clinical bases;

65) approval of standard form of the agreement of purchase of services at subjects of health care within GOBMP and in the OSMS system;

66) determination of procedure for fence, storage and use of blood and tissues of persons who were affected by ionizing radiation;

67) approval of procedure and conditions of making and transfer of health care of anatomic gift to the organizations;

68) approval of the state standard rate of network of the organizations of health care;

69) determination of payment procedure to donors for donation of blood and its components;

70) approval of procedure for rendering palliative care and sisterly leaving;

71) approval of regulations on organization activity and (or) structural divisions of the organizations of health care performing laboratory diagnostics, and also amount and types of the researches conducted by them;

72) approval of regulations on organization activity and (or) structural divisions of the organizations of health care performing pathoanatomical diagnostics and also procedure for carrying out pathoanatomical opening;

73) approval of procedure for the organization and conducting internal and external examinations of quality of medical services;

74) development and approval of the standard agreement on provision of medical care within GOBMP signed between the patient and the medical organization;

75) development and approval of technique of implementation of expert evaluation of optimum technical characteristics and kliniko-technical reasons for medical equipment;

76) determination of order of interaction on contractual fractionation;

77) approval of the list of orphan medicines;

78) statement of structure of the first-aid kit for first-aid treatment;

79) approval of the list of orphan (rare) diseases;

80) approval of the list of medical contraindications for the conclusion of employment contracts in the sphere of hard work, works with harmful (especially harmful) and (or) dangerous working conditions, at underground works, and also for the admission of persons of dekretirovanny national group to work;

81) development and approval of rules of pricing on medicines and products of medical appointment within GOBMP;

82) development and approval of rules of implementation of field service of medical equipment in the Republic of Kazakhstan;

83) development and approval of rules of the admission of foreign specialists to clinical practice, except for persons invited to implementation of professional medical activity in National holding in the field of health care and its affiliated organizations and also in "Nazarbaev Universitet" or its medical organizations, in the medical organizations of Administration of the President of the Republic of Kazakhstan;

84) development and approval proper pharmaceutical practician;

85) development and approval of rules of rendering the surdologichesky help to the population of the Republic of Kazakhstan;

86) determination of procedure for lifetime donation of fabrics (part of fabric) and (or) bodies (part of bodies) after death for the purpose of transplantation;

87) determination of procedure for creation of conditions by employers for passing of routine medical examinations to persons which are subject to these surveys within GOBMP;

88) development and approval of the instruction, algorithms and methodical recommendations about the organization of delivery of health care;

89) development and approval of technique of forming (calculation) of indicators in the field of health care;

90) determination of procedure for purchase of goods and services for implementation of examination in case of state registration of medicines, products of medical appointment and assessment of their safety and quality;

91) development and approval of regulations on activities of the medical and advisory commission;

92) approval of procedure for carrying out accreditation of the test laboratories performing exclusive activities for examination and assessment of safety and quality of medicines, products of medical appointment;

93) approval of procedure and terms of carrying out certification of specialists in the field of health care, and also evaluation procedure of professional readiness and confirmation of conformity of qualification of specialists in the field of health care;

94) approval of procedure and conditions of the admission to certification of specialists in the field of health care of persons who got medical education outside the Republic of Kazakhstan;

95) development of the regulations and limits providing financial stability of fund of social medical insurance;

96) development of the annual offer on limiting establishment of size of interest rate of commission fee from assets of fund of the social medical insurance aimed at providing activities of fund of social medical insurance;

97) approval of procedure, term of issue and withdrawal of the certificate on assignment of qualification category for specialists in the field of health care, except for specialists in the sphere of sanitary and epidemiologic wellbeing of the population;

98) development and determination of procedure and terms of calculation (deduction) and transfer of assignments and (or) fees;

99) development of the sizes of reserves of fund of social medical insurance on covering of contingencies;

100) development and approval of the sizes of rates for the medical services provided within GOBMP at the expense of means of the republican budget and in the OSMS system;

101) forming of the list of GOBMP;

102) development of the list of financial instruments for investment of assets of fund of social medical insurance;

103) development and approval of the list, forms, terms of submission of financial and other reporting by fund of social medical insurance for ensuring control functions;

104) implementation of the analysis, assessment and control of financial stability of fund of social medical insurance;

105) development and approval of technique of forming of rates for medical services in system of compulsory medical insurance;

106) approval of types and procedure for provision of high-technology medical services;

107) implementation of coordination of activities of the medical organizations rendering high-technology medical services;

108) ceiling approval of prices for purchase of medicines and products of medical appointment within GOBMP and compulsory social medical insurance;

109) approval of procedure for wholesale and retail sale of medicines, products of medical appointment and medical equipment;

110) approval of procedure for forming of the joint commission on quality of medical services, regulations on its activities;

111) approval of rules of purchase of services at subjects of health care within GOBMP and in the OSMS system;

112) price fixation on the goods (works, services) made and (or) realized by the subject of the state monopoly in coordination with antimonopoly authority;

113) establishment of the list of diseases in the presence of which person cannot adopt the child, accept it under guardianship or custody, patronage;

114) development and review of industry frame of qualifications in the field of health care;

115) development and approval of the subordinate regulatory legal acts determining procedure for rendering the state services;

116) approval of checking sheets and criteria for evaluation of risk degree together with authorized body on entrepreneurship;

117) approval of the minimum social standards in spheres of health care;

118) rendering within the competence of the state services, including electronic;

119) the organization of preparation, advanced training and retraining of personnel in the field of health care;

120) the organization of explanatory work among the population concerning protection of public health, sanitary and epidemiologic wellbeing of the population;

121) creation advisory and consultative and commissions of experts;

122) ensuring departmental statistical observation in the field of health care;

123) interaction with public associations on realization of state policy in the field of health care;

124) implementation of interaction and cooperation with the youth organizations for health care;

125) consideration of appeals of physical persons and legal entities concerning health care;

126) methodical and organizational coordination of work of authorized state bodies, subjects of health care and other organizations in the field of health care, protection of public health;

127) creation and ensuring functioning of electronic information resources and information systems, information and communication networks in the field of health care, in the sphere of sanitary and epidemiologic wellbeing of the population, the organization of access of physical persons and legal entities to them according to the legislation of the Republic of Kazakhstan in the sphere of informatization;

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