Laws and decrees

Passed by the House of representatives on December 19, 2011

Approved by the Council of the Republic on 20 December 2011

This Law is aimed at determining the legal and organizational basis of state regulation in the field of mental health care and ensuring the rights of citizens in its provision.

CHAPTER 1

GENERALITIES

Article 1. The main terms used in this Law and their definitions

For the purposes of this Law the following basic terms and their definitions shall apply:

close relatives-parents, adoptive parents, adult children, including adopted children, siblings, grandparents, grandchildren;

specialist in the provision of mental health care (hereinafter – specialist) – a person having higher medical education with the qualification of “psychiatrist”, “psychotherapist”, “Doctor-neuropsychiatrist”, “psychiatrist”, “psychiatrist-narcologist”, “a sex therapist” or the past retraining at the higher education or clinical residency on the specialty “Psychiatry”, “Psychotherapy”, “Addiction”, “Psychiatry-narcology” and in the manner prescribed by law, involved in activities associated with the organization and provision of mental health care;

hospitalization – the admission of a patient in a psychiatric hospital;

legal representative-parents, adoptive parents( adoptive parents), guardian, Trustee, as well as the organization in whose care the patient is;

compulsory psychiatric care – the provision of psychiatric care without the consent of the patient or his legal representative on the grounds and in the manner prescribed by this Law;

patient – a person suffering from a mental disorder (disease), a person who performs actions that give grounds to assume that he has a mental disorder (disease), a person who has applied for psychiatric care, a person receiving psychiatric care;

planned psychiatric care – a form of psychiatric care for mental disorders (diseases) that do not require urgent (urgent) medical intervention of a specialist and do not pose an immediate danger to the life and (or) health of the patient, life and (or) health of other persons;

compulsory psychiatric examination – psychiatric examination conducted without the consent of the patient or his legal representative on the grounds and in the manner prescribed by this Law;

psychiatric care – specialized medical care, including psychotherapeutic, psychoneurological, narcological, sexological, including prevention, diagnosis, treatment of mental disorders (diseases) and medical rehabilitation of patients;

psychiatric (psychoneurological) health organization (hereinafter-psychiatric organization) – health organization, the main purpose of which is the organization and provision of psychiatric care;

psychiatric hospital – the state psychiatric organization, other state organization of health care rendering in the order established by the legislation, psychiatric help in stationary conditions;

psychiatric examination-the study and assessment of the mental health of the patient;

mental health is a state of complete spiritual well-being of a person, characterized by his ability to adequately realize the surrounding reality, his mental state and behavior, and not only the absence of mental disorders (diseases);

mental disorder (disease) is a disorder of mental health with psychopathology and (or) behavioral manifestations due to the malfunction of the body due to exposure to biological, physical, chemical, psychological, social, and other factors and confirmed the diagnosis established by the doctor or medical Advisory Commission;

emergency (urgent) psychiatric care – a form of providing psychiatric care to a patient in case of sudden occurrence and (or) exacerbation of his mental disorder (disease), which requires urgent (urgent) medical intervention and may lead to the Commission of actions that threaten his life and (or) health, life and (or) health of other persons.

Article 2. Scope of this Law

This Law shall apply to citizens of the Republic of Belarus, as well as foreign citizens and stateless persons, unless otherwise provided by the Constitution of the Republic of Belarus, other legislative acts and international treaties of the Republic of Belarus.

Article 3. Legislation on mental health care

Legislation on the provision of psychiatric care is based on the Constitution of the Republic of Belarus and consists of this Law and other legislative acts, as well as international treaties of the Republic of Belarus.

If an international Treaty of the Republic of Belarus establishes other rules than those contained in this Law, the rules of the international Treaty of the Republic of Belarus shall apply.

Article 4. Organizations and individual entrepreneurs providing psychiatric care

Direct provision of psychiatric care is carried out by state and non-state psychiatric organizations, other health care organizations that are not psychiatric organizations and provide psychiatric care in the manner prescribed by law (hereinafter, unless otherwise provided by this Law – health care organizations).

The right to mental health care in the manner prescribed by law, also have:

other organizations that, along with their main activities, carry out medical activities;

individual entrepreneurs engaged in medical activities.

Organizations and individual entrepreneurs referred to in part two of this article shall be subject to this Law in the provision of psychiatric care in terms of the requirements imposed on health care organizations, unless otherwise provided by this Law and (or) other legislative acts.

Compulsory psychiatric examination and dispensary supervision are carried out by state psychiatric organizations and other state health organizations that are not psychiatric organizations and provide psychiatric care in the manner prescribed by law.

The provision of psychiatric care on the grounds provided for in part two of article 34 of this Law shall be carried out by psychiatric hospitals.

Article 5. Medical professionals providing psychiatric care. The medical Advisory Committee

Psychiatric care is provided by a specialist physician, unless otherwise provided by this Law.

In the absence of the ability to provide emergency (emergency) psychiatric care by a medical specialist such assistance can be rendered by a medical practitioner, having higher medical education with different skills than specialist physician (hereinafter – the doctor profession) and (or) health worker with specialized secondary medical education.

In the case of a patient prescribed by the doctor or medical Advisory Commission of a diagnosis of a mental disorder (disease) that do not pose immediate danger to life and (or) health, life and (or) health of other persons, psychiatric care the patient may be provided by a doctor other specialties on the recommendation of a specialist.

Medical Advisory commissions are established in health care organizations to establish the diagnosis of a mental disorder (disease), as well as to address other issues in the provision of psychiatric care.

Medical Advisory commissions established in psychiatric organizations must consist of at least three specialist doctors. The composition of medical Advisory commissions of other health care organizations that are not psychiatric organizations and provide psychiatric care in the manner prescribed by law, shall include a specialist doctor.

Article 6. Presumption of absence of mental disorder (disease)

A person shall be deemed not to have a mental disorder (disease) until the presence of a mental disorder (disease) is established on the grounds and in the manner prescribed by this Law.

Article 7. Protection of the rights and legitimate interests of the patient

The patient, when providing him with psychiatric care, has the right to invite a representative of his choice to protect his rights and legitimate interests in the manner prescribed by law.

Protection of the rights and legitimate interests of a minor patient, as well as a person recognized as legally incapable, when providing them with mental health care is carried out by their legal representatives.

Article 8. Responsibility for violation of legislation on psychiatric care

For violation of the legislation on the provision of mental health care, the perpetrators are liable in accordance with legislative acts.

CHAPTER 2

STATE REGULATION AND STATE POLICY IN THE FIELD OF MENTAL HEALTH CARE. STATE GUARANTEES TO PERSONS SUFFERING FROM MENTAL DISORDERS (DISEASES)

Article 9. State regulation in the field of psychiatric care

State regulation in the field of psychiatric care is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of health of the Republic of Belarus, other state bodies, including local Executive and administrative bodies, within their powers.

Article 10. Powers of the President of the Republic of Belarus in the field of psychiatric care

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