Article 32. The rights of officials in the exercise of State control and supervision in the provision of medical services (assistance) The Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan
1. Officials exercising state control and supervision in the provision of medical services (assistance), in addition to the rights provided for in paragraph 1 of Article 154 of the Entrepreneurial Code of the Republic of Kazakhstan, have the right:
1) involve independent experts in the field of healthcare in the implementation of state control in the provision of medical services (assistance);
2) to request and receive from the healthcare entity the necessary information on the provision of medical care to the population;
3) make copies of documents necessary for monitoring and supervision in the field of medical services (assistance), and receive relevant data (electronic health passports, electronic cards and detailed reports on changes made to them) from the medical information system of the healthcare entity;
3-1) apply rapid response measures in accordance with this Code;
4) initiate the creation of a commission with the involvement of independent experts in the field of healthcare.
5) to carry out an investigation in the field of medical services (assistance);
6) based on the results of state control, take measures provided for by the laws of the Republic of Kazakhstan in relation to the subject (object) of control and supervision that violated the requirements of the legislation of the Republic of Kazakhstan.
2. Officials exercising state control in the form of preventive control, inspection and investigation are prohibited from making demands and requests that are not related to the subject of preventive control, inspection or investigation.
3. For decision-making in the implementation of state control and supervision in the provision of medical services (assistance), depending on the established violations of the legislation of the Republic of Kazakhstan in the field of healthcare by officials exercising state control and supervision in the provision of medical services (assistance), the following acts are issued:
1) an act on the results of preventive control with a visit to the subject (object) of control and supervision, inspection and (or) investigation;
2) an instruction on the elimination of identified violations of the requirements of regulatory legal acts in the field of medical services (assistance);
3) resolutions of the chief State medical inspectors on:
suspension of the validity of a permit in the field of healthcare in accordance with the procedure provided for in Article 19 of this Code and the laws of the Republic of Kazakhstan;
suspension of execution or cancellation or revocation of acts adopted by subordinate officials;
4) resolutions of the chief state medical inspectors on the application of rapid response measures on:
suspension of activities related to the provision of medical services (assistance) by the subject (object) of control and supervision or its individual types (processes, actions) upon detection of the absence of a permit document (license, license attachment, certificate of a healthcare specialist);
temporary suspension of persons from work upon identification of activities without a certificate of a specialist in the field of healthcare;
5) a private presentation by the Chief State medical Inspector on taking measures to eliminate cases of violations of the rule of law, as well as the causes and conditions conducive to the commission of administrative offenses, in accordance with the procedure established by the Code of the Republic of Kazakhstan on Administrative Offenses.
4. The Chief State Medical Inspector of the Republic of Kazakhstan and (or) his deputy, based on the result of the inspection, has the right to issue an order to the head of the local public health management body of the region, cities of republican significance and the capital.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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