Comments on article 346. Submission of an application for compulsory treatment of a citizen suffering from tuberculosis and evading treatment of the Civil Procedure Code of the Republic of Kazakhstan 

1. An application for compulsory treatment of a citizen with tuberculosis, without his consent, is submitted by a representative of the health authorities (organizations) at the location of the tuberculosis institution providing medical (dispensary) supervision of this patient, or to the court at the place of residence of the patient.

2. The application, which must specify the grounds provided by law for the treatment of a citizen with tuberculosis without his consent, shall be accompanied by the conclusion of the health organization recognizing the patient as having tuberculosis, as well as documents confirming the patient's refusal of treatment prescribed by a doctor.

3. An application against a citizen who is being released from a correctional institution of the penitentiary system of the internal affairs bodies and has tuberculosis shall be submitted to the court by the administration of the correctional institution no later than one month before the end of the sentence at the location of the correctional institution.

1. Tuberculosis patients are subject to mandatory medical supervision and treatment, and are provided with the necessary medicines within the guaranteed scope of free medical care. A contagious form of tuberculosis is a disease that poses a danger to others due to the release of tuberculosis bacteria into the external environment. Patients with a contagious form of tuberculosis are subject to mandatory hospitalization, treatment and rehabilitation. Compulsory treatment of citizens with tuberculosis includes anti-tuberculosis and symptomatic treatment with isolation of patients in specialized anti-tuberculosis organizations. Treatment and maintenance of tuberculosis patients in specialized anti-tuberculosis organizations for compulsory treatment are carried out at the expense of budgetary funds.The grounds for compulsory treatment of citizens with tuberculosis are their refusal of treatment prescribed by a doctor, as well as unauthorized care and violation of the treatment regime in tuberculosis and primary health care organizations, recorded in medical documentation.

2. The current CPC and the Code "On the Health of the People and the Healthcare System" clearly indicate that a representative of health authorities (organizations) can apply for compulsory treatment of a citizen with tuberculosis. This application is subject to consideration by the district court at the location of the tuberculosis facility providing medical (dispensary) supervision of the patient, or at the patient's place of residence.

3. The application, which must specify the grounds provided by law for the treatment of a citizen with tuberculosis without his consent, shall be accompanied by the conclusion of the health organization recognizing the patient as having tuberculosis, as well as documents confirming the patient's refusal of treatment prescribed by a doctor. The recognition of a citizen as a patient with a contagious form of tuberculosis is carried out on the basis of the conclusion of the health organization, taking into account the results of laboratory and instrumental studies. The procedure for conducting a medical examination in order to recognize a citizen as having a contagious form of tuberculosis is established by the authorized body. The Order of the Minister of Health of the Republic of Kazakhstan dated September 30, 2009 No. 481 approved the Rules for conducting a medical examination in order to recognize a citizen as sick with a contagious form of tuberculosis. These Rules define the procedure for conducting a medical examination in order to recognize a citizen as having a contagious form of tuberculosis.

The Order of the Acting Minister of Health of the Republic of Kazakhstan dated November 17, 2009 No. 729 approved the Rules for compulsory treatment of tuberculosis patients in specialized tuberculosis organizations and their discharge. These Rules regulate the following.The district phthisiatrician provides the patient's medical documentation to the centralized medical advisory commission of the TB Control Center (hereinafter referred to as the CCCC) to resolve the issue of prescribing compulsory treatment in a specialized TB control center (hereinafter referred to as the CPT). According to the conclusion of the CCCC, the chief doctor of the VET signs a submission on compulsory treatment in accordance with the form set out in the appendix to these Rules. The VET draws up documents for the patient who refuses or evades treatment, as defined in paragraph 9 of these Rules, and sends them to the court within five calendar days to resolve the issue of his compulsory treatment.

The following documents are provided for applying to the court:

1) the idea of compulsory medical treatment in two copies;

2) certificate of health status (extract from medical history, outpatient card);

3) a power of attorney for a representative of the VET to participate in the court session, certified by the chief doctor of the VET;

4) the conclusion of the Central Committee on the need to prescribe compulsory treatment.

If a citizen with tuberculosis is released from a correctional institution of the penitentiary system of the internal affairs bodies, an application for his compulsory treatment is submitted to the court by the administration of the correctional institution no later than one month before the end of the sentence at the location of the correctional institution according to the rules established by parts two and three of this article.

The organization of compulsory treatment of citizens with tuberculosis with incomplete treatment who are released from institutions of the penal correction system is carried out in accordance with the Rules for the organization of tuberculosis care in institutions of the penal correction system, approved by Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated August 19, 2014 No. 530.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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