ORDER OF THE CENTRAL MANAGEMENT OF THE SECURITY SERVICE OF UKRAINE

of March 4, 2013 No. 88

About the organization in the Security Service of Ukraine of identification of persons who illegally use drugs or psychotropic substances

According to article 10 of the Law of Ukraine "About the Security Service of Ukraine", parts two, third Article 12, part one of article 13 of the Law of Ukraine "About measures of counteraction to the illegal address of drugs, psychotropic substances and precursors and to abuse of them", Item 7 parts one of Article 40, of Article 46 of the Labor code of Ukraine, for the purpose of increase in the Security Service of Ukraine of efficiency of professional selection of personnel, timely identification and prevention of mental and behavioural disturbances as a result of the use of psychoactive agents, the facts of the use of drugs or psychotropic substances ORDER:

1. Approve the Instruction about the organization in the Security Service of Ukraine of identification of persons who illegally use drugs or psychotropic substances which is applied.

2. To provide to the chief of Military-medical management of the Security Service of Ukraine submission in accordance with the established procedure of this order on state registration in the Ministry of Justice of Ukraine.

3. To impose control over the implementation of this order on the vice-chairman of the Security Service of Ukraine according to distribution of functional obligations.

4. This order becomes effective from the date of its official publication.

Approved by the Order of the Central management of the Security Service of Ukraine of March 4, 2013 No. 88

The instruction about the organization in the Security Service of Ukraine of identification of persons who illegally use drugs or psychotropic substances

І. General provisions

1.1. This Instruction determines procedure for identification in the Security Service of Ukraine (further - the SSU) persons who illegally use drugs or psychotropic substances, among employees-military personnel the SSU (further the military personnel) which pass military service in divisions of the Central management, regional bodies, educational and other institutions, nauchnoissledovatelsky and other organizations, the organizations, educational military division of the SSU as a part of other educational institution, the Headquarters of the Anti-terrorist center under the SSU (further - bodies, divisions, institutions of the SSU), workers who signed the employment contract with the SSU (further - workers), candidates for military service for the SSU, candidates for training in the highest military educational institutions of the SSU (military educational divisions of the SSU of higher educational institutions of Ukraine), other higher educational institutions of Ukraine is, which perform training of specialists for requirements of the SSU according to the state order, and candidates for employment for the SSU (further - candidates).

1.2. Terms which are used in this Instruction have such values:

consultation of the narcologist - consultation which is held vrachomnarkology treatment-and-prophylactic institution of the SSU for the purpose of confirmation or non-confirmation of the fact of the illegal use by person of drugs or psychotropic substances, mental and behavioural disturbances as a result of the use of psychoactive agents and provides survey of person, the direction it on additional inspections (determination of level of gammaglutamiltransferaza, the bystry immunokhromatografichesky test for identification of narcotic substances, etc.), narcological physical examination, treatment;

physical examination - complex of the medical events determined by this Instruction which are held by treatment-and-prophylactic institutions of the SSU and narcological institutions of the Ministry of Health of Ukraine for the purpose of identification of persons who illegally use drugs or psychotropic substances;

narcological institution - institution which has the right to perform medical examination and physical examination of persons who abuse drugs or psychotropic substances, according to the list determined by the Ministry of Health of the Autonomous Republic of Crimea, managements of health care of the regional, Kiev and Sevastopol city public administrations, approved with the Ministry of Health of Ukraine;

narcological medical examination - medical examination in narcological institution of person concerning which there is suspicion of rather illegal use by it of drugs or psychotropic substances, for the purpose of establishment of condition of drug intoxication;

narcological physical examination - physical examination of person which illegally uses drugs or psychotropic substances which is carried out in stationary conditions of narcological institution on the direction of the narcologist of treatment-and-prophylactic institution of the SSU for the purpose of confirmation (or non-confirmations) "mental and behavioural disturbances as a result of the use of psychoactive agents" established by the narcologist of the diagnosis.

1.3. Identification of persons who illegally use drugs or psychotropic substances is carried out for the purpose of increase in efficiency of professional selection of personnel, timely identification of mental and behavioural disturbances as a result of the use of psychoactive agents, the facts of the use of drugs or psychotropic substances in case of:

1.3.1. Accomplishment by the military personnel and workers of job (functional) responsibilities (instructions) on place of passing of military service, work.

1.3.2. Passing by the military personnel, workers and candidates in lechebnoprofilaktichesky institution of the SSU or narcological institution:

routine narcological inspection in treatment-and-prophylactic institutions of the SSU according to the Instruction about procedure for carrying out obligatory routine narcological inspections in the Security Service of Ukraine approved by the order of the SSU of July 17, 2012 No. 310, of Ukraine registered in the Ministry of Justice on August 03, 2012 for No. 1330/21642 (daleeinstruktion about procedure for carrying out obligatory routine narcological inspections in the Security Service of Ukraine);

medical examination by the military-medical commissions (further - medical examination of VVK) treatment-and-prophylactic institutions of the SSU according to the Regulations on medical examination in the Security Service of Ukraine approved by the order of the Central management of the SSU of October 26, 2012 No. 482/DSK registered in the Ministry of Justice of Ukraine on November 16, 2012 for No. 1932/22244 (further - Regulations on medical examination in the Security Service of Ukraine);

profound physical examination according to the Instruction about procedure for carrying out medical examination in the Security Service of Ukraine approved by the order of the Central management of the SSU of May 18, 2012 No. 196, of Ukraine registered in the Ministry of Justice on June 07, 2012 for No. 918/21230 (further - the Instruction about procedure for carrying out medical examination in the Security Service of Ukraine);

medical examination or physical examination in treatment-and-prophylactic institution of the SSU in case of the personal address to the doctor according to the Instruction about procedure for medical support in the Security Service of Ukraine approved by the order of the SSU of October 08, 2007 No. 718, of Ukraine registered in the Ministry of Justice on October 31, 2007 for No. 1238/14505 (further - the Instruction about procedure for medical support in the Security Service of Ukraine);

medical examination in treatment-and-prophylactic institution of the SSU according to the Procedure for performing medical examinations of workers of certain categories approved by the order of the Ministry of Health of Ukraine of May 21, 2007 No. 246, registered in the Ministry of Justice of Ukraine on July 23, 2007 for No. 846/14113 (further - the Procedure for performing medical examinations of workers of certain categories);

narcological medical examination or narcological physical examination in narcological institutions according to Procedure for performing medical examination and physical examination of persons who abuse drugs or psychotropic substances, the approved order of the Ministry of Health of Ukraine and the Ministry of Internal Affairs of Ukraine of June 16, 1998 No. 158/417, registered in the Ministry of Justice of Ukraine on July 28, 1998 for No. 482/2922 (further - the Procedure for performing medical examination and physical examination of persons who abuse drugs or psychotropic substances).

1.4. If the serviceman, the worker refuses voluntary physical examination, it the corresponding official report (statement) moves:

to the chief of body, division, institution of the SSU in whom he serves, works, - in case of the direction on physical examination by the specified chief of body, division, institution of the SSU;

to the chief of treatment-and-prophylactic institution of the SSU - in case of the direction on physical examination by the health worker of treatment-and-prophylactic institution of the SSU.

In case of refusal of the serviceman, worker to submit the specified official report (statement) person determined by the chief of body, division, institution of the SSU from among persons which are present at refusal, or the health worker of lechebnoprofilaktichesky institution of the SSU determined by the chief of lechebnoprofilaktichesky institution of the SSU from among the health workers who are present at refusal draws up the statement in any form of the fact of refusal of the serviceman, worker of voluntary physical examination. The act is signed by person who constituted it, and other persons who were present at refusal of the serviceman, the worker.

The specified official report (statement) or the act if he was constituted, joins the personal record of the serviceman, the worker and is the basis for acceptance by the head of body, division, institution of the SSU of the decision taking into account condition of person.

1.5. If the candidate refuses voluntary physical examination, it submits the corresponding application to the chief of lechebnoprofilaktichesky institution of the SSU.

In case of refusal of the candidate to submit the specified application the health worker of lechebnoprofilaktichesky institution of the SSU determined by the chief of lechebnoprofilaktichesky institution of the SSU from among the health workers who are present at refusal draws up the statement in any form of the fact of refusal of the candidate of voluntary physical examination. The act is signed by person who constituted it, and other persons who were present at refusal of the candidate.

ІІ. Organization and procedure for carrying out physical examination of the military personnel, workers and candidates

2.1. Physical examination is conducted in case:

2.1.1. Availability at person:

signs of drug intoxication: incoordination of movements; the expressed shiver of fingers of hands; sharp change of color of integument of person (face reddening or unnatural pallor); inadequate behavior; the narrowed or very expanded pupils which do not react to light; slowness or on the contrary the increased playfulness or mobility of the course, language;

symptoms of mental or physical dependence on the drugs or psychotropic substances revealed in treatment-and-prophylactic institution of the SSU;

positive results of researches concerning availability of virus of hepatitis "B", "C", HIV which are carried out in treatment-and-prophylactic institutions.

2.1.2. Availability of reasonable suspicion of the use by person of drugs or psychotropic substances without appointment of the doctor - based on information provided to these and other persons, other facts.

2.2. In case of identification at the serviceman, the worker of the signs of drug intoxication determined in the paragraph the second subitem 2.1.1 of Item 2.1 of this Section in case of accomplishment of job (functional) responsibilities, instructions on the place of passing of military service, work the chief of body, division, institution of the SSU shall:

take measures concerning non-admission of the serviceman to execution of job (functional) responsibilities, discharge the worker of work for prevention of possible damnification to itself or other persons, interests of office activities, work;

call the doctor of treatment-and-prophylactic institution of the SSU (other lechebnoprofilaktichesky institution) for survey of person and provision to it emergency medical service;

draw up the inspection note of person signed by at least three persons, including the doctor of treatment-and-prophylactic institution of the SSU (other treatment-and-prophylactic institution) which inspected person;

suggest person to have voluntary narcological medical examination in narcological institution and to provide arrival of person in such institution accompanied by the employee of body, division, institution of the SSU - in case of establishment by the doctor of lack of indications to provision of emergency medical service;

report National police of Ukraine according to part one of article 12 of Akan of Ukraine "About measures of counteraction to the illegal address of drugs, psychotropic substances and precursors and abuses of them" in case of not passing by the serviceman or worker of narcological medical examination voluntarily;

direct person within 3 working days from the date of factual determination of drug intoxication to consultation to the narcologist of lechebnoprofilaktichesky institution of the SSU accompanied by the employee of body, division, institution of the SSU with provision of results of the narcological medical examination performed in narcological institution, the office characteristic of the serviceman, the characteristic of the worker on representation of the direct head and the signature of the chief of body, division, institution of the SSU.

2.3. Military personnel and workers concerning whom there was reasonable suspicion concerning the use by them of drugs or psychotropic substances without appointment of the doctor according to subitem 2.1.2 of Item 2.1 of this Section in case of execution of job (functional) responsibilities (instructions) on the place of passing of military service or work go the chief of relevant organ, division, institution of the SSU for consultation to the narcologist with indication of the bases for the direction, provision of the office characteristic of the serviceman, the characteristic of the worker.

2.4. In case of identification at the serviceman, the worker of the signs of drug intoxication determined in the paragraph the second subitem 2.1.1 of Item 2.1 of this Section during passing of medical examination, inspection by it in lechebnoprofilaktichesky institution of the SSU according to paragraphs to the second - the sixth subitem 1.3.2 of Item 1.3 of the Section I of this Instruction the chief of this institution based on information obtained from the narcologist or the doctor of other specialty after establishment of lack of the bases for provision of emergency medical service to the specified serviceman or the worker immediately informs on it the chief of relevant organ, division, institution of the SSU for taking measures provided by paragraphs the fourth or seventh Item 2.2 of this Section.

2.5. In case of identification at the serviceman, the worker of symptoms of mental or physical dependence on drugs or psychotropic substances, positive results of researches concerning availability of virus of hepatitis "B", "C", HIV according to paragraphs to the third, fourth subitem 2.1.1 of Item 2.1 of this Section and during passing of medical examination, inspection by them in lechebnoprofilaktichesky institution of the SSU according to paragraphs to third - the sixth subitem 1.3.2 of Item 1.3 of the Section I of this Instruction, such persons go the therapist of the shop medical site (the therapist local polyclinics of military-medical service of Military-medical management of the SSU of body, division, institution of the SSU) for consultation to the narcologist with indication of in medical documentation of the bases for the direction.

2.6. About results of consultation of the narcologist by the chief of lechebnoprofilaktichesky institution of the SSU written information is provided to the chief of relevant organ, division, institution of the SSU.

2.7. Military personnel, workers with symptoms of mental or physical dependence on drugs or psychotropic substances according to the paragraph to third subitem 2.1.1 of Item 2.1 of this Section which are revealed by the narcologist of treatment-and-prophylactic institution of the SSU during routine narcological inspection according to the paragraph to the second subitem 1.3.2 of Item 1.3 of the Section I of this Instruction go this doctor for narcological physical examination in narcological institution.

2.8. In case of identification at candidates of the signs of drug intoxication determined in the paragraph the second subitem 2.1.1 of Item 2.1 of this Section during passing of medical examination of VVK according to the paragraph to third subitem 1.3.2 of Item 1.3 of the Section I of this Instruction or medical examination according to the paragraph to the sixth subitem 1.3.2 of Item 1.3 of the Section I of this Instruction, the specified medical examinations stop, and person is offered to undergo voluntarily additional inspections and (or) narcological medical examination according to Procedure for performing medical examination and physical examination of persons who abuse drugs or psychotropic substances, for the purpose of confirmation or non-confirmation of condition of drug intoxication.

Medical examinations after receipt of results of additional inspections and (or) narcological medical examination continue with pronouncement of the resolution according to Regulations on medical examination in the Security Service of Ukraine or provision of the medical certificate about passing of the previous (periodic) medical examination of the worker according to Procedure for performing medical examinations of workers of certain categories.

2.9. To candidates with symptoms of mental or physical dependence on drugs or psychotropic substances according to the paragraph to third the subitem

2.1.1 Item 2.1 of this Section which are revealed by the narcologist of lechebnoprofilaktichesky institution of the SSU during routine narcological inspection according to the paragraph to the second subitem 1.3.2 of Item 1.3 of the Section I of this Instruction, it is offered to undergo voluntarily in the direction of this narcologist additional inspections and (or) narcological physical examination according to Procedure for performing medical examination and physical examination of persons who abuse drugs or psychotropic substances, for the purpose of confirmation or non-confirmation of the diagnosis "mental and behavioural disturbances as a result of the use of psychoactive agents".

ІІІ. Accounting of results of physical examination

3.1. Documentary drawn up results of physical examination join the personal record of the serviceman, worker and are the basis for acceptance by the head of body, division, institution of the SSU of the decision according to the legislation of Ukraine.

3.2. In case of establishment at the serviceman, the worker by results of the narcological physical examination conducted in narcological institution according to Procedure for performing medical examination and physical examination of persons who abuse drugs or psychotropic substances for mental and behavioural disturbances as a result of the use of psychoactive agents the chief of treatment-and-prophylactic institution of the SSU informs on it the chief of relevant organ, division, institution of the SSU for decision making relatively:

the military personnel - about the direction on medical examination of VVK according to Regulations on medical examination in the Security Service of Ukraine;

workers - concerning accomplishment of job descriptions.

3.3. In case of establishment of mental and behavioural disturbances as a result of the use of psychoactive agents when passing medical examination at candidates on:

military service in the SSU, day (internal) form of education in the highest military educational institutions of the SSU (military educational divisions of the SSU of higher educational institutions), other higher educational institutions of Ukraine which perform training of specialists for requirements of the SSU according to the state order - the decree VVK according to Regulations on medical examination in the Security Service of Ukraine is issued;

employment in the SSU - is provided the medical certificate according to Procedure for performing medical examinations of workers of certain categories.

3.4. Documentary drawn up results which confirm the facts of stay of the candidate in condition of drug intoxication or the use by it of drugs or psychotropic substances go the chairman of VVK or the medical and advisory commission of treatment-and-prophylactic institution of the SSU to the employee of division of staffing who directed person to medical examination, for accounting in case of determination of category of professional suitability of the candidate.

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