Article 34-2. Rapid response measures and the procedure for their application in the field of medical services (assistance) The Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

Home / RLA / Article 34-2. Rapid response measures and the procedure for their application in the field of medical services (assistance) The Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

Article 34-2. Rapid response measures and the procedure for their application in the field of medical services (assistance) The Code on the Health of the People and the Healthcare System of the Republic of Kazakhstan

1. During the implementation and (or) based on the results of state control, control and supervisory authorities in the field of medical services (assistance) apply rapid response measures in case of identification of activities related to the provision of medical services (assistance) by the subject (object) of control and supervision that pose an immediate threat to human life and health.

2. Rapid response measures are the methods of influencing subjects (objects) of control and supervision provided for in this article, applied during the implementation and (or) based on the results of an audit and investigation.

In case of detection of violations of the requirements that are the basis for the application of rapid response measures, during the implementation and (or) based on the results of the audit, investigation, rapid response measures are applied without initiating administrative proceedings.

3. Rapid response measures include the following types::

1) suspension of the activity of the subject (object) of control and supervision for the provision of medical services (assistance) or its individual types (processes, actions) upon detection of the absence of a permit document (license, annex to the license, certificate of a healthcare specialist);

2) temporary suspension of persons from work upon identification of activities without a certificate of a specialist in the field of healthcare.

4. The basis for the application of rapid response measures is the provision of medical services (assistance) without a permit document (license, license attachment, certificate of a healthcare professional).

When conducting an investigation to establish the causes of violations of the requirements of the legislation of the Republic of Kazakhstan and to identify the subjects (objects) of control and supervision that violated these requirements, rapid response measures are applied only in the absence of a permit document (license, license attachment and certificate of a healthcare specialist).

5. The body of control and supervision in the field of the provision of medical services (assistance) during the implementation and (or) based on the results of an inspection or investigation, if a violation of the requirements is found, which is the basis for the application of rapid response measures, issues an act of supervision in the form of a resolution provided for in subparagraph 4) paragraph 3 of Article 32 of this Code.

The act of supervision is drawn up and handed over to the subject of control and supervision in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

6. In case of refusal to accept the act of supervision, upon its delivery, a corresponding entry is deliberately made in it and a video recording is made recording the fact of refusal to accept the act. The act of supervision is sent to the legal address, location or actual address of the subject of control and supervision by registered mail with a notification of its delivery.

7. Refusal to receive an act of supervision is not a reason for its non-fulfillment.

8. Violations of requirements identified during the implementation and/or as a result of an audit or investigation, which are the basis for the application of rapid response measures, are reflected in the acts of supervision.

9. The subject of control and supervision is obliged to eliminate the identified violations, which are the basis for the application of a rapid response measure, within the time limits specified in the acts of supervision.

10. Prior to the expiration of the time limits stipulated by the acts of supervision, the subject of control and supervision is obliged to provide information on the elimination of identified violations, accompanied (if necessary) by materials proving the elimination of violations.

11. If information is provided on the elimination of identified violations that are the basis for the application of a rapid response measure, in accordance with paragraph 10 of this article or after the expiration of the time limits for the elimination of violations identified during the implementation and (or) based on the results of an inspection or investigation, an unscheduled inspection is conducted to monitor their elimination.

The act of supervision is terminated if the control and supervision body in the field of medical services (assistance) confirms the elimination of identified violations of the requirements that are the basis for the application of rapid response measures, based on the act on the results of an unscheduled inspection in accordance with subparagraph 2-1) of paragraph 5 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.

12. In case of failure to eliminate the identified violations, which are the basis for the application of rapid response measures, based on the results of an unscheduled inspection, measures are taken to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.

13. In case of disagreement with the results of the audit or investigation, which led to the application of rapid response measures, the subject of control and supervision may file a complaint about the invalidation and cancellation of the act of supervision.

A complaint is filed with a higher state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or with a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Filing a complaint does not suspend the execution of the act of supervision.

14. The grounds for invalidation and cancellation of an act of supervision by a higher authority or official are:

1) the lack of grounds for the application of rapid response measures;

2) the application of a rapid response measure on grounds that do not correspond to this measure;

3) the use of control and supervision bodies in the provision of medical services (assistance) rapid response measures on issues beyond their competence;

4) failure to comply with the procedure for coordinating and taking prompt response measures established by Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

15. Information on the application of rapid response measures is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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