LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 2018 No. 208-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan of September 18, 2009 "About health of the people and health care system" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 20-21, of Art. 89; 2010, No. 5, Art. 23; No. 7, Art. 32; No. 15, Art. 71; No. 24, Art. 149, 152; 2011, No. 1, Art. 2, 3; No. 2, Art. 21; No. 11, Art. 102; No. 12, Art. 111; No. 17, Art. 136; No. 21, Art. 161; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 8, Art. 64; No. 12, Art. 83; No. 14, Art. 92, 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; No. 7, Art. 36; No. 9, Art. 51; No. 12, Art. 57; No. 13, Art. 62; No. 14, Art. 72, 75; No. 16, Art. 83; 2014, No. 1, Art. 4; No. 7, Art. 37; No. 10, Art. 52; No. 11, Art. 65; No. 14, Art. 84, 86; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 1, Art. 2; No. 7, Art. 33; No. 10, Art. 50; No. 19-II, Art. 102; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 22-I, Art. 143; No. 22-V, Art. 156; No. 23-II, Art. 170; 2016, No. 6, Art. 45; No. 8-II, Art. 67, 70; No. 23, Art. 119; 2017, No. 1-2, of Art. 3; No. 4, Art. 7; No. 9, Art. 22; No. 13, Art. 45; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 10, Art. 32; No. 14, Art. 42; No. 15, Art. 47; No. 19, Art. 62):

1) in table of contents:

in Article 9 heading to replace the word "cities" with the word of "cities";

add with heading of Article 28-1 of the following content:

"Article 28-1. National accounts of health care";

to state heading of Article 34-1 in the following edition:

"Article 34-1. The principles of forming of the guaranteed amount of free medical care";

add with headings of Articles 34-2 and 34-3 of the following content:

"Article 34-2. The purposes of delivery of health care within the guaranteed amount of free medical care

Article 34-3. The minimum social standards in the field of health care";

add with heading of Article 38-1 of the following content:

"Article 38-1. First aid";

in heading of Article 76 of the word of "the guaranteed amount of free medical care and additional amount" shall be replaced with words "the minimum, basic and additional amounts";

to exclude headings of Articles 109 and 110;

to state heading of Chapter 19 in the following edition:

"Chapter 19. Rendering medico-public assistance to HIV-positive people";

to state headings of Articles 112 and 113 in the following edition:

"Article 112. Guarantees of the state in questions of prevention, diagnostics and treatment of HIV infection

Article 113. Social protection of HIV-positive persons";

add with heading of Article 175-1 of the following content:

"Article 175-1. Implementation of strategic partnership in the field of medical education and science the scientific organizations and the organizations of education in the field of health care";

to state headings of Articles 180 and 181 in the following edition:

"Article 180. Carrying out medical researches

Article 181. Commissions on bioethics";

to exclude heading of Article 185-1;

2) in Item 1 of Article 1:

add with subitem 13-3) of the following content:

"13-3) biobank - specialized storage of biological materials for the scientific and medical purposes;";

add with subitem 15-7) of the following content:

"15-7) copayment - payment of difference in the cost of medicines, medical products and the established marginal price of their compensation within the guaranteed amount of free medical care and in system of compulsory social medical insurance;";

add with subitems 36-1), 36-2) and 36-3) of the following content:

"36-1) health care system - set of state bodies and subjects of health care which activities are aimed at providing the rights of citizens to health protection;

36-2) manager of health care - the specialist in management of the state legal entity in the field of health care or heading separate activities of the state legal entity in the field of health care;

36-3) qualification category in the field of health care (further - qualification category) - the skill level of the specialist which is characterized by amount of the professional knowledge, skills necessary for performance of work within the corresponding medical and pharmaceutical specialty;";

37) to state the subitem in the following edition:

"37) assessment of research and educational personnel of the scientific organizations and organizations of education in the field of health care - the procedure of determination of level of pedagogical and professional competence of research and educational personnel of the scientific organizations and organizations of education in the field of health care;";

exclude subitem 37-1);

state subitem 37-3) in the following edition:

"37-3) certification of specialists in the field of health care - compulsory procedure for determination of compliance of health workers of clinical specialty and their admission to clinical practice (work with patients), managers of health care with issue of the appropriate certificate of the specialist to them;";

the subitem 41) after the word "educations" to add with words "sanitary and epidemiologic wellbeing of the population,";

47) to state the subitem in the following edition:

"47) the donor - the person, corpse of the person, animal from which are made donor blood sampling, its components, other donor material (including sperm, ova, gametes, tissues of reproductive organs, embryos), and also fabric withdrawal (part of fabric) and (or) bodies (part of bodies), haematopoietic stem cells for transplantation to the recipient;";

add with subitem 47-1) of the following content:

"47-1) donor function - the voluntary act of the donor including physical examination and accomplishment of the procedure of giving blood and its components for the medical purposes;";

52) to exclude the subitem;

add with subitems 54-1) and 63-1) of the following content:

"54-1) integrated academic medical center - merging of the medical organization of the higher and (or) postgraduate education with the scientific organizations and the organizations of health care for the purpose of joint use of resources for improvement of quality of medical services by integration of education, researches and clinical practice;";

"63-1) research in the field of public health - the research conducted on the basis of collection and generalization of kliniko-epidemiological data and other medical information for identification of the major factors influencing health and determining development of health care system, development of methods of directed influence and management of these factors;";

65) and 68-1) to state subitems in the following edition:

"65) the certificate of the specialist - the document of the established sample confirming qualification of physical person on compliance:

clinical specialty and for its admission to clinical practice (work with patients);

manager of health care;";

"68-1) medicobiological experiment - the research based on reproduction (modeling) of structurally functional complex of the studied condition or disease in the simplified form on laboratory animals for clarification of the reasons, conditions and origins of condition or development of disease, development of methods of treatment and prevention;";

add with subitems 68-2), 68-3), 68-14) and 79-1) of the following content:

"68-2) medical education - system of preparation, retraining and advanced training of health workers, and also set of the knowledge and skills necessary for the health worker received during training in programs of preparation, the retraining and advanced training in medical specialties supported by the official document about the end of training;

68-3) strategic partnership in the field of medical education and science - form of medium-term or long-term cooperation between the scientific organizations and the organizations of education in the field of health care, and the foreign organizations of the higher and (or) postgraduate education, and the medical organizations in the field of medical education and science for implementation and adaptation of international standards of education, science and clinical practice on the basis of the agreement;";

"68-14) medical research - research which purpose is obtaining by scientific methods of new knowledge about health of the person, diseases, about their diagnostics, treatment or prevention;";

"79-1) sisterly leaving - complex of the medical services rendered by average health workers to persons with serious illness needing leaving in the cases which are not requiring medical observation;";

state subitem 80-1) in the following edition:

"80-1) certificate on state registration - the document confirming safety of products (goods), certifying compliance of products (goods) to requirements of regulatory legal acts in the field of sanitary and epidemiologic wellbeing of the population and hygienic standard rates;";

add with subitem 84-6) of the following content:

"84-6) palliative care - complex of the medical services directed to improvement of quality of life of patients with incurable diseases in terminal (final) stage;";

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