ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 12, 2022 No. 707

About modification and amendments in the order of the Minister of investments and development of the Republic of Kazakhstan of June 5, 2017 No. 324 "About approval of Rules of medical examination and survey in civil aviation of the Republic of Kazakhstan" and in the order of the Minister of investments and development of the Republic of Kazakhstan of June 6, 2017 No. 329 "About approval of Rules of delivery of health care to passengers in civil aviation"

I ORDER:

1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of June 5, 2017 No. 324 "About approval of Rules of medical examination and survey in civil aviation of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 15325) the following changes and amendments:

in the Rules of medical examination and survey in civil aviation of the Republic of Kazakhstan approved by the specified order:

be reworded as follows Item 3:

"3. These rules extend to officials of authorized organization in the field of civil aviation, airline (operators) and the organizations of civil aviation, the health workers participating in medical examination and survey, aviation personnel, and also categories of persons which are subject to obligatory medical examination and medical examination.";

5, 6 and 7 to be reworded as follows Items:

"5. In these rules the following terms and determinations are used:

1) the aviation doctor – the medical specialist having the higher medical education and preparation in the field of aviation medicine, providing professional health of persons on whom safety of flights, and also health of air passengers depends in case of their address;

2) the aviation medical center (further – AMTs) – the legal entity performing medical examination in the field of civil aviation;

3) the aviation medical expert (further – the expert) – physical person which has the certificate of the aviation medical expert, participating in safety of flights by performing medical examination;

4) aviation personnel – the physical persons having special and (or) professional training, performing activities for accomplishment and ensuring flights of aircrafts, airborne transportations and aviation works, maintenance of aircrafts, the organization and servicing of air traffic, air traffic control;

5) the certificate of aviation personnel – the document confirming qualification and powers of aviation personnel;

6) authorized body in the field of civil aviation (further – authorized body) – the central executive body performing management in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation;

7) authorized organization in the field of civil aviation (further - authorized organization) – the joint-stock company with absolute participation of the state in the authorized capital performing the activities aimed at providing sustainable development of industry of civil aviation of the Republic of Kazakhstan, safety of flights and aviation safety;

8) extralight aircraft (further – SLA) – the civil aviation using aircrafts with the maximum certified take-off weight less than seven hundred fifty kilograms, other aircraft and auxiliary devices;

9) the profile specialist – the health worker with the higher medical education having the certificate in the field of health care;

10) easy aircraft (further – LA) – the civil aviation using aircrafts with the maximum certified take-off weight less than five thousand seven hundred kilograms including helicopters with the maximum certified take-off weight less than three thousand hundred eighty kilograms;

11) expanded medical examination – medical examination which is carried out by the expert with execution of the general report, reports of the ophthalmologist, the ENT SPECIALIST and recommendations of other specialists;

12) the consulting physician – the aviation doctor who is taking out medical recommendations about the specialty according to health of physical person / applicant;

13) medical examination – inspection of physical person for the purpose of establishment or confirmation of the fact of availability or absence at it of disease, determination of the state of health;

14) medical examination – establishment or confirmation of availability or absence at aviation personnel of disease, determination of the state of health, and also temporary disability, professional suitability to work in the taken-up change;

15) the medical certificate – the document of the established sample issued by positive results of medical examination, confirming the applicant's compliance to requirements imposed to the validity for health reasons and the providing admission to professional activity;

16) the owner of the medical certificate – the physical person having the existing medical certificate;

17) the applicant – the physical person who submitted the application for obtaining or renewal of the medical certificate;

18) the external pilot – physical person which performs necessary actions for accomplishment of flight of the unmanned aerial vehicle and which manipulates relevant organs of flight control during flight time.

6. The applicant on obtaining, prolongation, renewal of the medical certificate, signs and represents to the expert the application according to appendix 1 to these rules (further – the statement) in which specifies whether it underwent earlier medical examination, reports date, the place and results of the last medical examination.

The applicant inform the expert on whether took place refusal cases in issue, cancellations, suspensions of action of the medical certificate, about the reasons of such refusal, the personal, family and heritable anamnesis earlier.

When passing medical examination the applicant on passing of medical examination gives the expert information on availability at it of the diseases known to it and the flights constituting danger to accomplishment.

7. Medical examination is carried out by the expert. In the presence of the disease providing regular medical examinations, the expert appoints additional surveys and recommendations for ensuring proper monitoring.";

be reworded as follows Items 9 and 10:

"9. The following categories of persons are subject to medical examination:

1) the persons arriving for study and studying for the pilot;

2) pilots of commercial aircraft (the airplane, the airship, the helicopter and the aircraft with system of increase in carrying power);

3) pilots of polynomial crew;

4) linear pilots of airline (the airplane, the helicopter and the aircraft with system of increase in carrying power);

5) navigators;

6) flight engineers;

7) aircraft mechanics;

8) bortradist;

9) operators;

10) pilots are fans (the airplane, the airship, the helicopter and the aircraft with system of increase in carrying power);

11) pilots are glider pilots;

12) pilots of free aerostat;

13) stewards;

14) the air traffic controllers and persons arriving for study and studying for the air traffic controller;

15) external pilots;

16) pilots of LA and SLA.

10. The medical certificate is issued to persons listed in subitems 1), 2), 3), 4), 5), 6), 7), 8), 9), 10), 11), 12), 14) and 15) of Item 9 of these rules in form, according to appendix 2 to these rules.

The medical certificate and 16) of Item 9 of these rules is issued to persons listed in subitems 13) in form, according to appendix 3 to these rules.";

be reworded as follows Item 12:

"12. Types of medical certificates:

1) to persons belonging to subitems 1), 2), 3) and 4) of Item 9 of these rules "The medical certificate of 1 class" is issued;

2) to persons belonging to subitems 5), 6), 7), 8), 9), 10), 11), 12) and 13) of Item 9 of these rules the medical certificate 2 classes" is issued ";

3) to persons belonging to subitems 14) and 15) of Item 9 of these rules the medical certificate 3 classes" is issued ";

4) to persons belonging to the subitem 16) of Item 9 of these rules "The medical certificate LA and SLA" is issued.";

be reworded as follows Item 14:

"14. For prolongation and renewal of action of the medical certificate the following documents are filed:

1) statement;

2) previous medical certificate;

3) report of the previous medical examination.";

be reworded as follows Item 22:

"22. In case of medical examination the expert in indications determines amount of physical examination in case of medical examination according to appendix 8 to these rules and appoints survey of consulting physicians.

The psychological techniques applied for the purpose of professional psychological selection of the candidate for training in specialties of civil aviation to receipt of the medical certificate and the owner of the medical certificate are carried out according to appendix 8-1 to these rules.";

be reworded as follows Item 24:

"24. The expert writes down in medical documentation data of physical examination, the diagnosis, recommendations of profile specialists, consulting physicians and fills in the report on medical examination (further – the Report) in form according to appendix 13 to these rules. Accuracy of the data of physical examination is certified by the signature and personal seal of the expert.

Reports of the expert are stored within 10 years.

Coding of diagnoses is carried out according to MKB-11.

In case of report layout corrections are prohibited.

The original of the report is stored in archive of the expert, the copy of the report (certified by the expert's seal) is provided to the applicant. The electronic copy of the report is provided in authorized organization within 3 working days from the date of issue of the certificate for evaluating. The medical certificate is issued to the applicant in day of report layout and pronouncement of the medical certificate.

The authorized organization within 10 working days carries out assessment of the report of medical examination on compliance to requirements of 6 and 7 these rules provided in appendices 4, of 5,.";

be reworded as follows Item 26:

"26. The expert sets restriction in the medical certificate.

When the decision on the validity is possible only in case of restriction establishment, the expert estimates the state of health of the applicant and if necessary consults with flight operation specialists, air traffic control specialists or other specialists. In case of determination of restriction the capabilities, skills and experience of the applicant relating to the activities which are carried out by it aircraft type, types and nature performed flights and works are estimated.

In case of incomplete compliance of the applicant to requirements of 6 and 7 these rules provided in appendices 4, of 5, provided that this condition does not threaten safety of flights, it is established restriction codes according to appendix 14 to these rules.

In the presence of four and more diseases and syndromes, and also the risk factors which are mutually burdening each other and threatening safety of flights the decision on worthlessness to work on set of diagnoses is passed.

At the same time such risk factors as age, sex, addictions are considered.";

be reworded as follows Items 42 and 43:

"42. The expert 2 classes performs issue, prolongation and renewal of the medical certificate 2, 3 classes and LA and SLA.

43. The expert of class LA and SLA performs prolongation, renewal of the medical certificate of class LA and SLA.";

be reworded as follows Item 49-1:

"49-1. The faces tied with accomplishment and ensuring flights of aircrafts and their maintenance, servicing of air traffic are forbidden to perform such activities of the being able alcoholic, drug, inhalant intoxication (their analogs) or to use the substances causing such intoxication in the course of accomplishment of the obligations.";

be reworded as follows Item 53:

"53. Are subject to medical examination:

1) categories of persons specified in Item 9 of the these rules, except persons specified in subitems 11) 12) and 15) of Item 9 to these rules;

2) reserve crews;

3) instructors of parachute service, parachutists;

4) heads of flights;

5) the employees of the organization of civil aviation performing works on servicing of aircrafts, airfields and air passengers (service of aviation safety, engineering air service, airfield service, service of the organization of passenger and freight transportation, service of aviapetrols, oil, lubricants, dispatching service of the airport);

6) the transport drivers performing works on servicing of aircrafts, transportation of passengers, baggage, loads, including dangerous goods.";

55, of 56, 57 and 58 to be reworded as follows Items:

"55. Medical examination at the airports and airfields (helidromes) is carried out by the health duty worker (the doctor, the health worker with secondary education) first-aid post of the organizations of civil aviation (medical the organizations for the contract with the organization of civil aviation).

Health workers have special preparation in narcological dispensary (hospital).

Medical examination is performed in individual procedure without outerwear and headdress.

Presence of strangers during performing medical examination is not allowed.

56. Medical examination of crew members of the aircraft is performed before flights, but not earlier than in 2 hours prior to departure; in case of departure delay on 6 hours and more crew members of the aircraft have medical examination repeatedly.

Medical examination of crew members of the aircraft performing several flights during working hours is carried out once during working hours before the first departure.

Reserve crews have medical examination before zastupleniye in reserve, and also before departure when from the moment of passing of survey there passed 6 hours and more.

Medical examination of instructors of parachute service (parachutists) who are carrying out several jumps during working hours is carried out once, but not earlier than in 1 hour before the first jump.

Change of air traffic controllers of air traffic management (further – Department of Internal Affairs) has medical examination before zastupleniye on watch, but not earlier than in 1 hour prior to change.

To persons belonging to the subitem 5) of Item 53 of these rules, medical examination is performed before zastupleniye on watch (change), but not earlier than in 1 hour prior to change.

To persons belonging to the subitem 6) of Item 53 of these rules, medical examination is performed not later than 30 minutes before zastupleniye on watch (change) and within 30 minutes after the end of watch (change).

57. Before performing medical examination the health worker checks at crew members of the aircraft and air traffic controllers of Department of Internal Affairs the medical certificate, and at employees of the organization of civil aviation checks the identity certificate (the document confirming the personality) or the omission.

58. The owner of the medical certificate, and also the employee of the organization of civil aviation, airline is discharged of work in case of establishment of disease signs at it, exhaustion, the fact of the use of medicines without appointment of the doctor, alcoholic beverages, narco - and psychotropic substances, violation of preflight (prereplaceable) rest and diet, the invalid medical certificate.";

be reworded as follows Item 61:

"61. In the presence of claims to feeling sick, insufficient (defective) rest the crew member of the aircraft, the air traffic controller, the employee of the organization of civil aviation, airline is discharged of work.

The crew member, the air traffic controller discharged of work goes to the aviation doctor or the expert, the employee of the organization of civil aviation, airline discharged of work goes to the health worker of the organization of civil aviation, airline or the district doctor at the place of residence.";

be reworded as follows Items 70 and 71:

"70. Results of performing medical examination are registered in the Magazine of pre-flight medical examination according to appendix 16 and in the Magazine of prereplaceable (postreplaceable) medical examination according to appendix 16-1 to these rules.

71. In case of registration of task for flight the health worker puts stamp with the name of first-aid post, the number, month, hours and minutes of passing of medical examination by the crew member of the aircraft completing medical examination specifies the number of persons allowed to flight and undersigns; additional records or corrections in task for flight are not allowed.

After medical examination on the route sheet at the driver, and at the drivers who do not have route sheets - in notebook which sheets are numbered, strung together and under seal the organizations of civil aviation, airlines are put stamp "It is allowed to work", date, time of medical examination and the signature of the health worker.";

be reworded as follows Item 73:

"73. In case of discharge from accomplishment of service duties of the crew member, the air traffic controller and the employee of the organization the health worker makes about it the log entry of discharges from flights (change of Department of Internal Affairs) according to appendix 17 and in the Magazine of discharges from work of employees of the organization of civil aviation according to appendix 17-1 to these rules and issues the certificate of discharge from flights (change of Department of Internal Affairs) in form according to appendix 18 and the certificate of discharge from work of the worker on form according to appendix 18-1 to these rules, reports on discharge on management of the relevant service.";

4, of 5, of 6, 7 and 8 to these rules to be reworded as follows appendices according to appendices 1, of 2, of 3, 4 and 5 to this order;

add with appendix 8-1 according to appendix 6 to this order;

to be reworded as follows appendix 11 to these rules according to appendix 7 to this order;

to be reworded as follows appendix 13 to these rules according to appendix 8 to this order;

to be reworded as follows appendix 16 to these rules according to appendix 9 to this order;

add with appendix 16-1 according to appendix 10 to this order;

to be reworded as follows appendix 17 to these rules according to appendix 11 to this order;

add with appendix 17-1 according to appendix 12 to this order;

to be reworded as follows appendix 18 to these rules according to appendix 13 to this order;

add with appendix 18-1 according to appendix 14 to this order.

2. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of June 6, 2017 No. 329 "About approval of Rules of delivery of health care to passengers in civil aviation" (it is registered in the Register of state registration of regulatory legal acts for No. 15323) the following changes and amendments:

in the Rules of delivery of health care to passengers in civil aviation approved by the specified order:

be reworded as follows Item 3:

"3. The first and pre-medical medical care onboard the aircraft appear to passengers and crew of the aircraft.";

be reworded as follows Item 6:

"6. In these rules the following concepts and terms are used:

1) airline – the legal entity having the air operator certificate of civil aircrafts;

2) the organization of civil aviation – the legal entity performing activities in the field of civil aviation;

3) first aid is complex of urgent basic actions for rescuing of human life, the prevention of complications in case of the emergency conditions, and also for the purpose of decrease in threat for health and the life of injured person in case of medical emergency which are carried out on site incidents by the victim (self-help) or other person which is nearby (mutual assistance) before arrival of health workers.

First aid can be persons without medical education including who had the corresponding training, according to the procedure, determined by authorized body;

4) set of first aid of "first aid kit" (further – set of first aid) – the set of medical products intended for first-aid treatment onboard the aircraft;

5) the airport – the complex of constructions intended for acceptance and sending aircrafts, servicing of airborne transportations and having airfield, air terminal, other necessary constructions and the equipment for these purposes;

6) the aircraft – the device supported in the atmosphere due to its interaction with air excepting interaction with the air reflected from land (water) surface;

7) flight of the aircraft – movement of the aircraft on land (water) surface and in airspace from the beginning of running start in case of take-off (separation from terrestrial or surface of the water in case of vertical take-off) before the end of run (release of landing strip without stopping) or contacts of land (water) surface in case of vertical landing;

8) crew of the aircraft – face of aviation personnel to which according to the procedure, established by authorized body in the field of civil aviation or authorized body in the field of the state aircraft, execution of certain obligations on management and servicing of the aircraft on accomplishment of flights is entrusted;

9) universal preventive set of "universal precaution kit" (further – universal preventive set) – the set of medical products onboard the aircraft intended for the organization and holding primary actions in case of identification of sick (corpse), suspicious on diseases of infectious diseases, quarantine infections, contagious viral hemorrhagic fevers, malaria and infectious diseases of not clear etiology;

10) the steward – person belonging to aviation personnel who for the benefit of safety and for the purpose of servicing of passengers and (or) transportation of goods carries out obligations onboard the aircraft charged to it by the operator or the commander of the aircraft, but not being member of flight crew;

11) the onboard first-aid kit – set of medicines and medical products intended for rendering the first and pre-medical medical care, and also for prevention of spread of infectious diseases;

12) pre-medical medical care – the medical care provided by average health workers independently or as a part of multidisciplinary team, including promotion of health, assessment of condition of the patient, statement of the pre-medical diagnosis, purpose of the plan of pre-medical interventions, execution of pre-medical manipulations and procedures and patient care, persons with disability and the dying people;

13) medicine – the means representing or containing the substance or combination of substances coming into contact with human body, intended for treatment, prevention of diseases of the person or recovery, correction or change of its physiological functions by means of pharmacological, immunological or metabolic impact or for diagnosis of diseases and condition of the person;

14) decontamination – the procedure, for elimination of the infectious or toxic agent on the surface of body of the person or animal, in product or on the product prepared for consumption or on other objects, including transport vehicles which represents risk for health of passengers;

15) the passenger – the physical person which is not part of crew and transported on the aircraft according to the agreement of airborne transportation or on other legal causes;

16) passenger salon – part of the aircraft, equipped with passenger chairs and intended for accommodation of passengers;

17) infectious and parasitic diseases - diseases of the person which emergence and distribution is caused by impact on it biological factors of the habitat and possibility of transfer of disease from the sick person, animal to the healthy person;

18) the member of kabinny crew – person belonging to aviation personnel who for the benefit of safety and for the purpose of servicing of passengers and (or) transportation of goods carries out the obligations onboard the aircraft charged to it by the operator or the commander of the aircraft, but not being the member of flight crew;

19) emergency medical service – the medical care provided in case of sudden sharp diseases and conditions, exacerbation of the chronic diseases which are not posing explicit threat of life of the patient;

20) set of medical means of "medical kit" (further – set of medical means) – the set of medicines and medical products intended for rendering pre-medical medical care onboard the aircraft;

21) medical aid station – structural division of the organization of civil aviation, providing medical care according to these rules and the current legislation of the Republic of Kazakhstan;

22) the operator – the physical person or legal entity which is engaged in operation of civil aircrafts or offering the services in this area

23) task for flight – the document of the established form containing the necessary information about crew, the aircraft, determining route and the purpose of flight (flights);

24) safety of flight – the package of measures, the flights providing safe carrying out in case of which the risk of damnification of life or to human health or causing damage to property is reduced to acceptable level and is supported at this or lower level by means of continuous process of identification of sources of danger and control of risk factors;

25) the member of flight crew - the person belonging to aviation personnel, having the existing certificate of aviation personnel to whom the obligations connected with control of the aircraft during flight time are assigned;

26) the international flight – flight of the aircraft in case of which the aircraft crosses border of foreign state;

27) the emergency medical care – the medical care provided in case of sudden sharp diseases and conditions, exacerbation of the chronic diseases requiring immediate medical intervention for prevention of essential harm to health and (or) elimination of threat of life.";

exclude Item 8;

9, 10 and 11 to be reworded as follows Items:

"9. In first-aid post medical care is provided in forms emergency and the emergency medical service without the round-the-clock medical observation including complex of medical services and sanitary and anti-epidemic and sanitary and preventive actions in the territory of the airport.

10. In case of receipt of the message on availability onboard the aircraft of the passenger needing medical care, the health worker of first-aid post arrives to the aircraft during its parking, gives appropriate assistance and makes the decision on possibility of further flight (hospitalization) of the passenger.

11. In case of the request of the passenger for medical care in first-aid post:

1) physical examination of the passenger is conducted, the preliminary diagnosis is established and medical care is provided;

2) short-term rest is provided to the passenger and observation of it;

3) in the presence of indications for hospitalization of the patient goes to medical institution of territorial authority of health care;

4) in the presence of contraindications for use of air transport the sick passenger is discharged of flight, the reference forming the basis for return of the aviation ticket according to appendix 1 to these rules is issued to it;

5) the dispatcher of service of the organization of transportations is informed on the passenger discharged of flight;

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