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Rights and obligations of citizens in the field of health

  1. The right of citizens to health protection and free, high-quality medical care in accordance with the State Guarantees Program to provide citizens of the Russian Federation with free medical care.

Clause 1, Article 41 of the Constitution of the Russian Federation.

Art. 18, 19 of the Federal Law of the Russian Federation "On the basics of protecting the health of citizens in the Russian Federation" (No. 323-ФЗ of 11/21/11)

Art. 16 of the Federal Law of the Russian Federation "On Compulsory Health Insurance in the Russian Federation". (No. 326 dated November 29, 2010)

  1. The right of citizens to choose (replace) an insurance medical organization.

Art. 16 of the Federal Law of the Russian Federation "On Compulsory Health Insurance in the Russian Federation". (No. 326 dated November 29, 2010)

  1. The right of citizens to choose a medical organization from medical organizations participating in the implementation of the territorial program of compulsory medical insurance.

Art. 19, 21 of the Federal Law of the Russian Federation "On the basics of protecting the health of citizens in the Russian Federation" (No. 323-ФЗ of 11/21/11)

Art. 16 of the Federal Law of the Russian Federation "On Compulsory Health Insurance in the Russian Federation". (No. 326 dated November 29, 2010)

  1. The right of citizens to choose a doctor.

Art. 19, 21 of the Federal Law of the Russian Federation "On the basics of protecting the health of citizens in the Russian Federation" (No. 323-ФЗ of 11/21/11)

Art. 16 of the Federal Law of the Russian Federation "On Compulsory Health Insurance in the Russian Federation". (No. 326 dated November 29, 2010)

  1. The right of citizens to compensation for harm, caused to health in the provision of medical care.

Art. 19 of the Federal Law of the Russian Federation "On the basics of protecting the health of citizens in the Russian Federation" (No. 323-ФЗ of 11/21/11)

Art. 1064, 1068 of the Civil Code of the Russian Federation (part two) (14-Ф3 from 01/26/96)

Art. 16 of the Federal Law of the Russian Federation "On Compulsory Health Insurance in the Russian Federation". (No. 326 dated November 29, 2010)

Art. 45 of the Federal Law "On Medicines". (No. 86-Ф3 dated 06/22/98)

  1. The right of citizens to refuse a pathological anatomy of cic autopsy.

Art. 67 of the Federal Law of the Russian Federation "On the basics of protecting the health of citizens in the Russian Federation" (No. 323-ФЗ of 11/21/11).

7. The right of citizens to transplant organs.

Art. 47 of the Federal Law of the Russian Federation "On the basics of protecting the health of citizens in the Russian Federation" (No. 323-ФЗ of 11/21/11)

  1. Patient Rights.

Art. 19 clause 5 of the Federal Law of the Russian Federation “On the basics of protecting the health of citizens in the Russian Federation” (No. 323-ФЗ dated 11/21/11)

Responsibilities of citizens in the field of health

  1. Citizens must take care of their health.

  2. Citizens in cases stipulated by the legislation of m of the Russian Federation are required to undergo medical examinations, and citizens suffering from diseases that pose a danger to others, in cases provided by law of m of the Russian Federation, are required to undergo a medical examination and treatment, as well as the prevention of these diseases.

  3. Citizens under treatment are required to comply with the treatment regimen, including those defined for the period of their temporary incapacity for work, and the rules of conduct for the patient in medical organizations.

Rights and obligations of citizens in the field of health

Article 18. Right to health protection
1. Everyone has the right to protection of health.
2. The right to health protection is ensured by environmental protection, the creation of safe working conditions, favorable working conditions, life, recreation, education and training of citizens, the production and sale of food products of appropriate quality, quality, safe and affordable medicines, as well as the provision of affordable and high-quality medical help.

Article 19. The right to medical assistance
1. Everyone has the right to medical care.
2. Everyone has the right to guaranteed medical assistance provided without charge in accordance with the program of state guarantees of free medical assistance to citizens, as well as to receive paid medical services and other services, including in accordance with a voluntary medical insurance contract.
3. The right to medical assistance of foreign citizens residing and staying in the territory of the Russian Federation is established by the legislation of m of the Russian Federation and relevant international treaties of the Russian Federation. Stateless persons permanently residing in the Russian Federation enjoy the right to medical care on an equal basis with citizens of the Russian Federation, unless otherwise provided by international treaties of the Russian Federation.
4. The procedure for providing medical assistance to foreign citizens is determined by the Government of the Russian Federation.
5. The patient has the right to:
1) the choice of a doctor and the choice of a medical organization in accordance with this Federal Law;
2) prevention, diagnosis, treatment, medical rehabilitation in medical organizations in conditions corresponding to sanitary hygiene other requirements;
3) obtaining the advice of medical specialists comrade;
4) relieving pain associated with the disease and (or) medical intervention, available methods and drugs;
5) obtaining information about their rights and obligations, their condition on health, the choice of persons to whom information on the state of his health can be transmitted in the interests of the patient;
6) receiving medical nutrition if the patient is being treated in hospital;
7) protection of information constituting medical confidentiality ;
8) refusal of medical intervention;
9) compensation for harm caused to health in the provision of medical care;
10) admission to him of a lawyer or legal representative to protect his rights;
11) the clergyman’s admission to him I, and if the patient is on treatment in stationary conditions - conditions for the provision of worship, conduct which may in stationary conditions, including the provision of a separate room, if it does not violate the internal rules of the medical organization

.

Article 20. Informed voluntary consent to medical intervention and to refusal of medical intervention
1. A necessary prerequisite for medical intervention is the provision of informed voluntary consent of a citizen or his legal representative for medical intervention on the basis of the complete information provided by the medical officer in an accessible form on the goals, methods of providing medical care, the risk associated with them, possible options for medical intervention, on its consequences, as well as the intended results of medical care.
2. Informed voluntary consent to medical intervention is given by one of the parents or another legal representative in relation to:
1) a person who has not reached the age established by part 5 of article 47 and part 2 of article 54 of this Federal law, or a person recognized in the law incapacitated if such a person is incapable of consenting to a medical intervention in his condition;
2) his child is ill with drug addiction when he is undergoing drug treatment or with a medical examination ova of a minor him in order to establish the state of narcotic or other toxic intoxication (with the exception of cases established by the legislation of m of the Russian Federation of the acquisition of a minor by them of full legal capacity until they reach the age of eighteen his age).
3. A citizen, one of the parents, or another legal representative of the person specified in part 2 of this article, have the right to refuse medical intervention or to demand its termination, with the exception of cases provided for in part 9 of this article. The legal representative of a person recognized to be legally incompetent in the manner prescribed by law shall exercise this right if such a person is not capable of refusing medical intervention by his condition.
4. In case of refusal of medical intervention to a citizen, one of the parents or other legal representative of the person specified in part 2 of this article, the possible consequences of such refusal should be explained in an accessible form to him.
5. If one of the parents or another legal representative of the person specified in part 2 of this article or the legal representative of the person recognized as legally incompetent refuses medical intervention necessary to save his life, the medical organization has the right to apply to court to protect interests such a person. The legal representative of a person recognized as legally incompetent shall notify the guardianship authority at the ward's place of residence of the refusal of medical intervention necessary to save the ward's life no later than the day following the day of this refusal.
6. Persons specified in parts 1 and 2 of this article, in order to receive primary health care th when choosing a doctor and medical organization for the term of their choice, give informed voluntary consent to certain types of medical intervention, which are included in the list established by the authorized federal executive body.
7. Informed voluntary consent to medical intervention or refusal of medical intervention is made in writing, signed by a citizen, one of the parents or other legal representative, medical worker and is contained in the patient’s medical documentation.
8. The procedure for giving informed voluntary consent to medical intervention and refusal of medical intervention in relation to certain types of medical intervention, the form of informed voluntary consent to medical intervention and the form of refusal of medical intervention are approved by the authorized federal executive body.
9. Medical intervention without the consent of a citizen, one of the parents or another legal representative is allowed:
1) if medical intervention is necessary according to urgent indications to eliminate a threat to a person’s life and if his condition does not allow him to express his will or if there are no legal representatives (regarding persons specified in part 2 of this article); 2) in relation to persons suffering from diseases that pose a danger to others;
3) in relation to persons suffering from severe mental disorders;
4) about against persons who have committed socially dangerous acts (crimes);
5) during a forensic medical examination and/or forensic psychiatrist other examination.
10. The decision on medical intervention without the consent of a citizen, one of the parents or another legal representative is made:
1) in the cases specified in clauses 1 and 2 of part 9 of this article, by the consultation of doctors, and if it is impossible to assemble a consultation, - directly by the attending (duty) doctor with the introduction of such a decision in the patient’s medical documentation and subsequent notification of the officials of the medical organization (head of the medical organization or head of the department of the medical organization), citizen , in respect of whom a medical intervention was performed, of one of the parents or other legal representative of the person specified in part 2 of this article and in respect of whom the medical intervention was performed;
2) in relation to the persons referred to in paragraphs 3 and 4 of part 9 of this Article, by the court in the cases and in the manner established by the legislation of m of the Russian Federation.
11. Compulsory medical measures may be applied to persons who have committed crimes on the grounds and in the manner established by federal law.

Article 21. Choosing a doctor and medical organization
1. When a citizen is provided with medical care under the state guarantees program for the free provision of medical care to citizens, he has the right to choose a medical organization in the manner approved by the authorized federal executive body, and to choose a doctor, subject to the consent of the doctor. Features of the choice of a medical organization by citizens living in closed administrative-territorial entities in territories with physical, chemical and biological factors hazardous to human health, included in the corresponding list, as well as employees of organizations included in the list of organizations of individual industries with particularly hazardous working conditions are established by the Government of the Russian Federation.
2. In order to receive primary health care, the citizen chooses a medical organization, including on a territorial and private basis, not more than once a year (with the exception of cases of changing the place of residence or place of residence of a citizen) . In a selected medical organization, a citizen makes a choice not more than once a year (except for cases when a medical organization is replaced) by a general practitioner, local doctor, general practitioner (family doctor) or paramedic by applying in person or through your representative to the head of the medical organization.
3. The primary specialized medical care is provided:
1) in the direction of the local doctor-general practitioner, the local pediatrician, general practitioner (family doctor), paramedic, specialist physician a;
2) in the case of a citizen’s independent appeal to a medical organization, including the organization selected by him in accordance with part 2 of this article, taking into account the procedures for providing medical care.
4. To receive specialized medical care in a planned form, the choice of a medical organization is carried out in the direction of the attending physician. In the event that several medical organizations providing medical care in an appropriate profile take part in the implementation of the territorial program of state guarantees of free medical assistance to citizens, the attending physician must inform the citizen about the possibility of choosing a medical organization taking into account the conditions for providing medical care established by the territorial program of state guarantees of free medical assistance to citizens.
5. Emergency or emergency medical care is provided to citizens, taking into account compliance with the established requirements for the timing of its provision.
6. When a citizen is provided with medical care under the state guarantees program for the free provision of medical care to citizens, the choice of a medical organization (with the exception of emergency medical care) outside the territory of the subject of the Russian Federation in which the citizen resides is carried out in the manner established by the authorized federal executive body.
7. When choosing a doctor and a medical organization, a citizen has the right to receive information in an accessible form for him, including that placed on the Internet network (hereinafter referred to as the Internet) information network a medical organization, about its medical activities and about doctors, about the level of their education and qualifications.
8. The choice of a doctor and medical organization by military personnel and persons equated in medical support with military personnel, citizens who are in alternative civilian service, citizens who are called up for military service or assigned to alternative civilian service, and citizens who enter military service under a contract or equivalent to it service, as well as detained, detained, serving a sentence of restraint of liberty, arrest, imprisonment or administrative of arrest stvlyaetsya allowing for the medical care provided for in Articles 25 and 26 of the present Federal law.

Article 22. Health information
1. Everyone has the right to receive, in an accessible form for him, information available at the medical organization about his state of health, including information about the results of a medical examination, the presence of a disease, the diagnosis and prognosis of the development of the disease, methods of providing medical care, the risk associated with them, possible types of medical intervention, its consequences and the results of medical care.
2. Information about the state of health is provided to the patient personally by the attending physician or other medical personnel who are directly involved in the medical examination and treatment. In relation to persons who have not reached the age established in Part 2 of Article 54 of this Federal Law, and citizens who are recognized as legally incompetent in the manner prescribed by law, information about the state of health is provided to their legal representatives.
3. Health information cannot be provided to the patient against his will. In the case of an unfavorable prognosis of the development of the disease, the information should be communicated in a delicate form to the citizen or his spouse (spouse), one of close relatives (children, parents, adopted, adoptive parents, siblings, grandchildren, grandfathers, grandmothers), if the patient has not forbidden inform them of this and (or) did not identify another person to whom such information should be transmitted.
4. The patient or his legal representative has the right to directly get acquainted with the medical documentation reflecting his state of health, and receive advice from other specialists on the basis of such documentation.
5. The patient or his legal representative has the right on the basis of a written application to receive medical documents reflecting the state of health, their copies and extracts from medical documents. The grounds, procedure and terms for providing medical documents (their copies) and extracts from them are established by the authorized federal executive body.

Article 23. Information on factors affecting health
Citizens have the right to receive reliable and timely information on factors that contribute to maintaining health or having harmful effects on it, including information about the sanitary epidemic and well-being of the area of ​​residence, the state of the environment, rational nutritional standards, quality and safety of industrial products, food products, goods for personal and domestic needs, potential danger to human health and the work performed and services rendered. Such information is provided by state authorities and local authorities in accordance with their powers, as well as organizations in the manner prescribed by the legislation of m of the Russian Federation.

Section 24. Rights of workers employed in certain types of work to health protection
1. In order to protect health and preserve the ability to work, to prevent and timely detect occupational diseases, workers employed in work with harmful and (or) hazardous production factors, as well as in cases provided for by the legislation of m of the Russian Federation , employees engaged in certain types of work undergo mandatory medical examinations.
2. The list of harmful and (or) hazardous production factors and work during which mandatory preliminary medical examinations are carried out upon admission to work and periodic medical examinations is approved by the authorized federal executive body.
3. In the event that during medical examinations, medical contraindications are identified for certain types of work, the list of which is established by the authorized federal executive body, the employee may be recognized by the medical commission of a medical organization based on the results of an examination of professional suitability temporarily or permanently unsuitable for certain types of health reasons work.
4. In order to protect health, employers have the right to enter the staff of medical workers and create units (doctor’s office, health center, medical office, medical unit and other units) that provide medical assistance to employees of the organization. The procedure for organizing the activities of such units and medical workers is established by the authorized federal executive body.
5. Employers are required to provide conditions for employees to undergo medical examinations and medical examinations, as well as to freely let employees go for them.

Article 25. The rights of military personnel and persons equated with medical support to military personnel, as well as citizens undergoing alternative civilian service, citizens subject to military service (sent to alternative civilian service), and citizens entering military service or equivalent contractual health service
1. Military personnel and persons equated in medical support with military personnel (hereinafter - military personnel and persons equated to them), as well as citizens who undergo alternative civilian service, have the right to undergo military medical examination to determine their suitability for military service or service equivalent to it and for early dismissal from military service or service equivalent to it on the basis of the conclusion of the military medical commission.
2. Citizens who are drafted for military service or assigned to alternative civilian service, and citizens who enter military service or equivalent service under the contract, undergo a medical examination in the manner prescribed by Article 61 of this Federal Law, and have the right to receive complete information about medical contraindications x for military service or service equivalent to it and indications for deferment or exemption from military service due to health reasons. < br /> 3. Military personnel and persons equated with them have the right to receive medical care in departmental medical organizations, and in their absence or in the absence of departmental medical organizations of the appropriate profile, specialists or special medical equipment - to receive medical care in the manner established by the Government of the Russian Federation, at the expense of the federal budget appropriations provided for these purposes by the federal executive bodies in which the federal eral law provides for military service or service equal to it.
4. The procedure for organizing medical care for military personnel and persons equated to them is established by the Government of the Russian Federation, the specifics of organizing the provision of medical assistance to military personnel and persons equated to them, including the procedure for their release from performing military service duties (official duties) due to illness and other reasons, established by federal executive bodies, in which federal law provides for military service or service equivalent to it.
5. Citizens, when enrolling in military registration, conscription or enlistment in the military service or equivalent service under a contract, admission to military educational institutions professional education, military conscription, as well as citizens sent to alternative civilian service, are entitled to receive medical care in medical organizations within the framework of the state guarantees program for the free provision of medical care to citizens, with the exception of a medical examination for EFINITIONS fitness for military service or other similar service.
6. The specifics of protecting the health of military personnel and persons equated to them, as well as certain categories of citizens performing military service or equivalent service in federal executive bodies, in which federal law provides for military service or service equivalent to it, defines the legislation m Russian Federation, regulating the activities of these bodies.

Article 26. The right of persons detained, detained, serving a sentence of restriction of liberty, arrest, imprisonment or administrative arrest, to receive medical assistance
1. Persons detained, imprisoned, serving a sentence of restriction of liberty, arrest, imprisonment or administrative arrest, are entitled to provide medical assistance, including, if necessary, in medical organizations of the state healthcare system and municipal system health care, in accordance with the legislation m of the Russian Federation.
2. Pregnant women, women during childbirth and in the postpartum period, from among the persons referred to in part 1 of this article, are entitled to provide medical care, including in medical organizations for the protection of motherhood and childhood.
3. If it is not possible to provide medical assistance in institutions of the penal system, those imprisoned or serving a sentence of imprisonment have the right to medical assistance in medical organizations of the state health system and municipal health system, as well as to be invited for consultations with medical specialists of the indicated medical organizations in the manner established by the Government of the Russian Federation, at the expense of federal budgetary allocations the budget allocated for these purposes to the federal executive body that exercises enforcement functions, control and oversight functions in the field of criminal penalties against convicts.
4. When providing medical care in medical organizations of the state healthcare system and the municipal healthcare system, employees of the criminal executive bodies and institutions protect the persons referred to in part 3 of this article and, if necessary, provide round-the-clock monitoring to ensure the safety of these persons, medical workers, as well as other persons who are in medical organizations of the state and municipal health systems, in the manner established by the federal the executive body in charge of the development and implementation of state policy and regulatory regulation in the field of criminal penalties, together with the authorized federal executive body.
5. Testing of new methods of prevention, diagnosis, treatment, medical rehabilitation, as well as pharmaceuticals, specialized therapeutic food products, medical devices and disinfectants with the involvement of persons referred to in part 1 of this article as an object for these purposes Allowed.
6. In relation to persons serving sentences in penitentiary institutions, the voluntary health insurance contract is terminated.
7. The procedure for organizing the provision of medical care, including in medical organizations of the state and municipal health systems, to the persons specified in part 1 of this article, is established by the legislation of the Russian Federation m, including the regulatory legal acts of the authorized federal executive body that implements functions for the development and implementation of public policy and regulatory vom regulation in the field of criminal penalties, in agreement with the authority federal executive body.

Article 27. Responsibilities of citizens in the field of health protection
1. Citizens must take care of maintaining their health.
2. Citizens in cases stipulated by the legislation of m of the Russian Federation are required to undergo medical examinations, and citizens suffering from diseases that pose a danger to others, in cases stipulated by the legislation of m of the Russian Federation, are required to undergo a medical examination and treatment, and also to prevent these diseases.
3. Citizens undergoing treatment are required to comply with the treatment regimen, including those defined for the period of their temporary disability ty, and the rules of conduct of the patient in medical organizations.

Article 28. Public associations for the protection of the rights of citizens in the field of health protection
1. Citizens have the right to create public associations for the protection of citizens' rights in the field of health care, formed on a voluntary basis.
2. Public associations for the protection of the rights of citizens in the field of health protection may, in accordance with the procedure established by the legislation of the Russian Federation m of the Russian Federation, take part in the development of norms and rules in the field of health protection and in the resolution of issues related to the violation of such norms and rules.
3 . Public associations for the protection of citizens' rights in the field of health care are not entitled to advertise specific trade names of medicines, dietary supplements, medical devices, specialized therapeutic food products and breast milk substitutes.

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