Law on psychiatric care and guarantees of citizens' rights in its provision - Causes, Symptoms and Treatment .MF .

August 12, 2017 17:52 | The Doctor's Consultation

rights of citizens in the provision of mental health care are regulated by the RF Law "On psychiatric care and guarantees of the rights in its provision" dated July 2, 1992 (In red. The federal law from 21.07.1998 N 117-FZ of 25.07.2002 N 116-FZ, from 10.01.2003 N 15-FZ).In accordance with this Act hereinafter presented article numbers.

Section I. GENERAL PROVISIONS

Article 1. Mental health care and the principles of providing Mental health care includes mental health survey of citizens on the grounds and in the manner established by this Law and other laws of the Russian Federatio

n, the diagnosis of mental disorders,treatment, care and medical and social rehabilitation of persons suffering from mental disorders.Mental health care for persons suffering from mental disorders, guaranteed by the state and is based on the principles of legality, humanity and respect for human rights and the citizen.

Article 2. Legislation of the Russian Federation on Mental Health Care (1) of the Russian Federation legislation on mental health care consists of this Law, other federal laws and laws of the Russian Federation.(2) The relations connected with the activities in the field of mental health care, are also regulated by the normative legal acts of the Russian Federation and issued in accordance with their regulatory legal acts of the federal executive bodies, authorized to address issues in the field of mental health care, as well as the regulations of theacts of the Russian Federation.Part III is no longer valid.(4) If an international treaty to which the Russian Federation stipulates other rules than those of the Russian Federation on the mental health care provided by the legislation, the rules of the international treaty.

Article 3. Application of this Act This Act applies to Russian citizens in the provision of psychiatric care and applies to all institutions and individuals providing mental health care in the Russian Federation.Foreign citizens and stateless persons in the territory of the Russian Federation, in the provision of mental health care they enjoy all the rights established by this Law, on a par with Russian citizens.

Article 4. Voluntary seeking psychiatric help Psychiatric care is provided under the voluntary request of the person or with his consent, except as provided in this Law.A minor under the age of 15 years, as well as the person found in the legally incompetent manner, psychiatric care is provided at the request of or with the consent of their legal representatives in the manner provided in this Act.

Article 5. The rights of persons with mental disorders (1) Persons with mental disorders have all the rights and freedoms of citizens guaranteed by the Constitution of the Russian Federation and federal laws.Limitation of rights and freedoms associated with a mental disorder, is permissible only in cases stipulated by the Russian Federation laws.All persons suffering from mental disorders in the provision of mental health care they are entitled to: a respectful and humane treatment precluding humiliation of human dignity;receive information about their rights, as well as available to them the form and in accordance with their mental state information on the nature of their mental disorders and methods of treatment;mental health care in the least restrictive environment possible in the community;content in the hospital only for a period of time required for examination and treatment;all treatments (including spa) for medical reasons;the provision of psychiatric care in conditions that meet sanitary requirements;prior consent and refusal at any stage from being used as an object of medical devices and methods for testing, research or teaching activities of the photo, video or filming;invitation at their request all professionals involved in the provision of mental health care, with the consent of the latter to work in the medical commission on matters governed by this Law;legal counsel, legal representative or any other person in the manner prescribed by law.(3) Restriction of the rights and freedoms of persons with mental disorders, only on the basis of a psychiatric diagnosis, the fact of being under medical observation in a psychiatric hospital or in a mental institution for social protection or special education is not allowed.Officials responsible for such violations shall be liable in accordance with legislation of Russian Federation and the Russian Federation.

Article 6. Restrictions on the implementation of certain types of professional activities and activities related to high-risk source citizen may be temporarily (for a period not exceeding five years, and with the right to re-examination) found unfit due to mental disorder, to perform certain professional activities andactivities related to the source of increased danger.Such a decision shall be taken by medical commission, authorized by the health authority, based on an assessment of mental health status of the citizen in accordance with the list of mental health-related and can be appealed in court.The list of medical psychiatric contraindications for certain types of professional activities and the activities related to the source of increased danger, approved by the Russian Government, and periodically (at least once every five years) is revised in light of experience and scientific achievements.

Article 7. Representation of citizens who receive psychiatric care citizen in the provision of mental health care he is entitled to invite a representative of their choice to protect their legitimate rights and interests.Making representations made in accordance with civil and civil procedural legislation of the Russian Federation.The protection of rights and legal interests of a minor under the age of 15 years and a person found in the legally incompetent manner in the provision of psychiatric care is carried out by their legal representatives (parents, adoptive parents, guardians), and in their absence - the administration of the psychiatric hospital or neuropsychiatric institutionfor welfare or special education.Protection of the rights and legitimate interests of citizens in the provision of mental health care it can carry out the lawyer.Procedure lawyer invitation and payment for his services provided by the legislation of the Russian Federation.The administration of the institution, providing psychiatric care, provides the opportunity to advocate the invitation, except for urgent cases provided for in paragraph "a" of the fourth part of Article 23 and paragraph "a" of Article 29 of this Law.

Article 8. Prohibition of claims status information

mental health When implementing the citizen's rights and freedoms of the requirements to provide information about the state of his mental health or survey his psychiatrist be allowed only in cases stipulated by the Russian Federation laws.

Article 9. Maintain patient confidentiality in the provision of mental health care

Information on the citizen's mental disorder evidence seeking psychiatric care and treatment in institutions providing such assistance, as well as other information about the state of mental health are medical secret,protected by the law.For the realization of the rights and legal interests of a person suffering from a mental disorder, at his request or at the request of the legal representative they can be given information about the state of mental health of the person and of his mental health care provided.

Article 10. Diagnosis and treatment of persons suffering from mental disorders diagnosis of mental disorder is in accordance with recognized international standards and can not be based only on a citizen disagrees with the accepted in society the moral, cultural, political or religious values ​​or on other reasons,is not directly related to the state of his mental health.For the diagnosis and treatment of persons suffering from mental illness, medications used and the methods allowed in the order established by the RF legislation on health care.Medical tools and methods are used only for diagnostic and therapeutic purposes in accordance with the nature of painful disorders and should not be used to punish a person suffering from a mental disorder, or for the benefit of others.

Article 11. Consent to treatment Treatment of a person suffering from a mental disorder, is carried out after obtaining his written consent, except in cases specified in part four of this article.The doctor is obliged to provide a person suffering from a mental disorder in an accessible for his form and taking into account his mental state information about the nature of mental disorder, the aims, methods, including alternative, and the duration of the recommended treatment, as well as the pain, the possible risks, side effects andexpected results.For information recorded in the medical records.Consent to treatment of a minor under the age of 15 years, as well as those recognized in the legally incompetent manner, given their legal representatives after telling them the information specified in part two of this article.The treatment can be carried out without the consent of a person suffering from a mental disorder, with or without the consent of his legal representative only in the application of compulsory medical measures on the grounds stipulated by the Criminal Code of Russian Federation, as well as involuntary admission on the grounds specified in Article 29 of this Law.In these cases, except for emergency treatment applied by the decision of the commission of psychiatrists.With regard to persons referred to in Paragraph four of this article, the use to treat psychiatric disorders, surgical and other practices that cause irreversible consequences, as well as conducting medical tests of means and methods is not allowed.

Article 12. Refusal of treatment person suffering from a mental disorder, or his legal representative have the right to refuse the proposed treatment or discontinue it, except for the cases stipulated by part four of Article 11 of this Law.A person who refuses treatment, or a legal representative of the possible consequences of stopping treatment must be explained.Refusal of treatment and giving details of the possible consequences is made entry in the medical documentation signed by a person or his legal representative and a psychiatrist.

Article 13. Compulsory medical measures Compulsory medical measures shall be applied by the court in relation to persons suffering from mental disorders who have committed socially dangerous acts on the grounds and in the manner established by the Russian Federation Criminal Code and Criminal Procedure Code of the Russian Federation.Compulsory medical measures implemented in mental health authorities institutions.Persons placed in a psychiatric hospital by court order on the application of coercive measures of a medical nature, enjoy the rights provided for in Article 37 of this Law.They are recognized as disabled for the entire period of stay in the hospital and are entitled to benefits under the state social security or a pension on a common basis.

Article 14. Forensic psychiatric examination

Forensic psychiatric examination in criminal and civil cases is made on the grounds and in the manner prescribed by the legislation of the Russian Federation.

Article 15. Psychiatric evaluation to decide on the validity of a citizen to serve as a soldier

grounds and procedure for outpatient and inpatient examination when deciding on the validity of a citizen on the state of his mental health to serve as a soldier of the Armed Forces, troops andsecurity agencies, internal forces and other military units, persons of commanding and ordinary structure of law-enforcement bodies, State fire service, the institutions and bodies of the correctional system are defined by this Law and the legislation of the Russian Federation on military service.

Section II.SOFTWARE mental health care and social support to persons suffering from mental disorders

Article 16. Forms of mental health care and social assistance, guaranteed by the state State guarantees: emergency psychiatric care;consultative-diagnostic, therapeutic, psychoprophylactic, rehabilitative care in outpatient and inpatient settings;all kinds of psychiatric examination, determination of temporary incapacity;social and household assistance and employment of persons with mental disorders;decision custody issues;legal advice and other legal assistance in psychiatric and neuropsychiatric institutions;social and home appliance disabled and elderly persons with mental disorders, as well as care for them;training of persons with disabilities and minors with mental disorders;Psychiatric help in natural disasters and catastrophes.For persons suffering from mental disorders, mental health care and social support to the state creates all kinds of institutions providing outpatient and inpatient psychiatric care, as far as possible in the community of patients;organizing general education and vocational training of minors with mental disorders;creating medical manufacturing facilities for occupational therapy, training in new occupations and employment in these enterprises of persons with mental disabilities, including persons with disabilities, as well as special production plant or portions to facilitate the work conditions for such persons;It establishes a mandatory quota of jobs in enterprises, institutions and organizations for the employment of persons with mental disorders;applies methods of economic incentives for enterprises, institutions and organizations that provide jobs for people with mental disorders;It creates a hostel for people with mental disorders who have lost their social ties;take other measures necessary for the social support of people with mental disorders.(3) The organization of mental health services by federal specialized medical institutions, the list of which is approved by the Russian Government, and specialized medical institutions of the Russian Federation.Addressing social support and social services for persons with mental disorders who are in difficult situations, carried out by public authorities of the Russian Federation.

Article 17. Funding of psychiatric care

· (1) Financial provision of mental health care provided to the population in the federal specialized medical institutions, the list of which is approved by the Russian Government, the Russian Federation is a consumable obligation.