Article 32-1. Medical examination of civil servants for the use of narcotic drugs, psychotropic substances, and their analogues Act on Narcotic Drugs, Psychotropic Substances, their Analogues, and Precursors and measures to counter their illicit trafficking and abuse
1. Civil servants are sent to undergo a medical examination for the use of narcotic drugs, psychotropic substances, and their analogues.
2. The basis for sending civil servants to undergo a medical examination for the use of narcotic drugs, psychotropic substances, and their analogues is the inclusion of their public positions in the list of positions subject to medical examination (hereinafter referred to as the list of positions), formed taking into account the following criteria:
1) the nature and specifics of the job responsibilities associated with an increased level of responsibility and risks;
2) the degree of probability of a threat to the life and health of other persons in case of improper performance of official duties;
3) requirements for the physical and mental state of civil servants holding relevant positions.
3. The list of positions is formed taking into account:
1) the results of the previous medical examination, for which there were no grounds for dismissal, but certain signs were identified that require a re-assessment of the condition.;
2) information about the commission by a civil servant of road accidents in which the fact of the use of narcotic drugs, psychotropic substances, their analogues or being intoxicated has been established;
3) information, confirmed by the results of an inspection conducted at the request of an individual or legal entity, on the facts of the behavior of a civil servant, indicating that he may be in a state of intoxication;
4) information posted in the mass media or on Internet resources containing information about the behavior of a government employee with signs of being intoxicated;
5) information provided by authorized state bodies confirming the facts of the use of narcotic drugs, psychotropic substances, their analogues by a civil servant or his being in a state of intoxication.
4. The collection of information coming from the sources specified in this article is carried out by the personnel management service (HR service) of the state body.
5. The list of positions is approved by the head of the state body or the head of its staff and refers to documents of limited distribution marked "For official use".
6. Civil servants who are not included in the list of positions are referred for medical examination.:
1) upon presentation by the Personnel Management Service (HR service), which contains information on the signs of possible use of narcotic drugs, psychotropic substances, and their analogues by a civil servant, identified in accordance with the procedure for identifying signs of use of narcotic drugs, psychotropic substances, and their analogues, as well as the registration of its results;
2) if a civil servant is at his workplace or in the performance of official duties with signs of narcotic or other substance abuse intoxication, issued by the relevant act of the personnel management service (HR service);
3) if a civil servant commits actions during working hours that endanger the life and health of other persons, violate public order or interfere with the normal functioning of a state body.;
4) in case of detection of narcotic drugs and psychotropic substances, their analogues in the workplace.
7. The referral of a civil servant for a medical examination is carried out by the personnel management service (HR service) within forty-eight hours from the moment the head of the state body or the head of his staff decides to conduct a medical examination.
8. The referral indicates the purpose of the medical examination, the justification for conducting it, as well as the name of the medical organization to which the civil servant is sent.
9. The storage and processing of medical examination results is carried out in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection.
10. If a civil servant refuses to undergo a medical examination or evades its passage by the personnel management service (HR department), an appropriate act is drawn up, which reflects the circumstances of the refusal or evasion.
The specified act is attached to the personal file of the civil servant.
Refusal to undergo a medical examination is the basis for dismissal (termination of powers) of a civil servant in accordance with the legislation of the Republic of Kazakhstan in the field of public service.
11. In case of confirmation of the fact of the use of narcotic drugs, psychotropic substances, and their analogues by a civil servant, the head of the state body or the head of its staff ensures that relevant information is sent to the authorized body for civil service affairs and law enforcement agencies in cases and in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.
12. A medical examination by a civil servant is carried out during working hours.
13. Civil servants holding senior government positions are subject to an annual medical examination.
14. The provisions of this article do not apply to cases stipulated by the legislation of the Republic of Kazakhstan on law enforcement service, special state bodies, military service and the status of military personnel, and civil protection.
The Law of the Republic of Kazakhstan dated July 10, 1998 No. 279.
This Law regulates the legal basis of state policy in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors and establishes measures to counteract their illicit trafficking in order to provide drug treatment and protect the health of citizens, public and state security.
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