FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 25, 2013 No. 317-FZ

About modification of separate legal acts of the Russian Federation and recognition voided separate provisions of legal acts of the Russian Federation concerning protection of public health in the Russian Federation

Accepted by the State Duma of the Russian Federation on November 15, 2013

Approved by Council of the Russian Federation on November 20, 2013

Article 1

Bring in article 44 of the Federal law "About Prosecutor's Office of the Russian Federation" (in edition of the Federal Law of November 17, 1995 No. 168-FZ) (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 8, Art. 366; Russian Federation Code, 1995, No. 47, Art. 4472; 1999, No. 7, Art. 878; 2000, No. 2, Art. 140; 2002, No. 26, Art. 2523; 2004, No. 35, Art. 3607; 2005, No. 29, Art. 2906; 2007, No. 24, Art. 2830; 2011, No. 1, Art. 16; No. 46, Art. 6407; 2012, No. 53, Art. 7609; 2013, No. 27, Art. 3477) following changes:

1) in Item 6 of the word "Medical Attendance (including Providing with Drugs)" shall be replaced with words "Medical support (including providing with medicines for medical application)";

2) in paragraph three of Item 7 of the word "Medical attendance" shall be replaced with words "Medical support", shall be replaced with words the words "in medical institutions" "in the medical organizations".

Article 2

Bring in the Law of the Russian Federation of June 26, 1992 No. 3132-1 "About the status of judges in the Russian Federation" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30, Art. 1792; Russian Federation Code, 1995, No. 26, Art. 2399; 2001, No. 51, Art. 4834; 2004, No. 35, Art. 3607; 2008, No. 52, Art. 6229; 2009, No. 26, Art. 3124; 2012, No. 53, Art. 7594; 2013, No. 27, Art. 3477) following changes:

Shall be replaced with words 1) in Article 4.1 of the word "in the field of health care" "in the field of health care";

2) in Item 5 of Article 19 in the first offer of the word "medical attendance, including providing with medicines" shall be replaced with words "receipt of medical care, including providing with medicines for medical application", the fourth offer to state in the following edition: "At the same time the judge and members of his family who is in resignation or on pension receive medical care at the expense of means of the federal budget in the same medical organizations in which they stayed on the registry.".

Article 3

Bring in the Law of the Russian Federation of July 2, 1992 No. 3185-1 "About mental health services and guarantees of the rights of citizens in case of its rendering" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 33, Art. 1913; Russian Federation Code, 1998, No. 30, Art. 3613; 2002, No. 30, Art. 3033; 2003, No. 2, Art. 167; 2004, No. 27, Art. 2711; No. 35, Art. 3607; 2010, No. 31, Art. 4172; 2011, No. 7, Art. 901; No. 15, Art. 2040; No. 48, Art. 6727; 2013, No. 27, Art. 3477) following changes:

Part one of Article 1 to state 1) in the following edition:

"(1) Mental health services are given on the bases and according to the procedure which are established by this Law and other laws of the Russian Federation, and includes psychiatric inspection and psychiatric survey, prevention and diagnostics of mental disturbances, treatment and medical rehabilitation of persons suffering from mental disturbances.";

The word of "organizations" to replace 2) in Article 3 part one with the word of "organizations";

3) in Article 4:

a) in part one of the word "or from its consent" shall be replaced with words "and in the presence of its informed voluntary consent to medical intervention";

b) the second to state part in the following edition:

"(2) aged up to fifteen years or to the minor sick with drug addiction aged up to sixteen years mental health services are given to the Minor in the presence of the informed voluntary consent to medical intervention of one of parents or other legal representative, and mental health services are given to person recognized in the procedure established by the law incapacitated if such person on the condition is not capable to give the informed voluntary consent to medical intervention in the presence of the informed voluntary consent to medical intervention of his legal representative according to the procedure, established by this Law.";

c) add with part three of the following content:

"(3) Person who addressed for rendering mental health services, one of parents or other legal representative of person specified in part two of this Article have the right to refuse medical intervention or to demand its termination, except as specified, established by this Law. The legal representative of person recognized in the procedure established by the law as incapacitated performs this right if such person on the condition is not capable to refuse medical intervention.";

4) in Article 5:

a) in part two:

the fifth to state the paragraph in the following edition:

"stay in the medical organization giving mental health services in stationary conditions only during the term necessary for rendering mental health services in such conditions;";

word in paragraph eight of "medical means and methods" shall be replaced with words "methods of prevention, diagnostics, treatment and medical rehabilitation, medicines for medical application, specialized products of clinical nutrition and medical products";

b) in part three of the word "under dispensary observation in psychiatric hospital or in psychoneurological organization" shall be replaced with words "under dispensary observation or stay in the medical organization giving mental health services in stationary conditions, and also in stationary organization of social servicing for persons suffering from mental disturbances";

Part one of Article 6 to state 5) in the following edition:

"(1) the Citizen can be temporary (for the term of no more than five years and with the right of the subsequent re-examination) by results of obligatory psychiatric survey it is acknowledged unsuitable owing to mental disturbance to accomplishment of separate types of the professional activity and activities connected with source of enhanced danger. Such decision is made by the medical commission of the medical organization authorized on that by federal executive body in the field of health care or executive body of the subject of the Russian Federation in the field of health care based on assessment of condition of mental health of the citizen according to the list of medical psychiatric contraindications and can be appealed in court.";

6) in Article 7:

a) the second to state part in the following edition:

"(2) When rendering mental health services protection of the rights and legitimate interests of person recognized in the procedure established by the law as incapacitated the guardian performs it, protection of the rights and legitimate interests of the minor aged up to fifteen years or the minor sick with drug addiction aged up to sixteen years is performed by one of parents or other legal representative. In the cases provided by parts 3 and 5 of article 11 of the Federal Law of April 24, 2008 No. 48-FZ "About guardianship and custody", protection of the rights and legitimate interests of persons recognized in the procedure established by the law incapacitated and the minors which did not reach the age specified in this part is performed by guardianship and custody body or the organization (including the medical organization giving mental health services in stationary conditions, stationary organization of social servicing for persons suffering from mental disturbances) to which the law assigns fulfillment of duties of the guardian or custodian.";

b) in part three of the word "Administration of the Organization Rendering" shall be replaced with words "The organization rendering";

7) in Article 9 the first offer to state in the following edition: "Data on the fact of the address of the citizen for mental health services, condition of his mental health and the diagnosis of mental disturbance, other data received when rendering mental health services to it are the medical secret protected by the law.";

8) in Article 10:

a) the second to state part in the following edition:

"(2) For diagnostics of mental disturbances and treatment of person suffering from mental disturbance the methods of diagnostics and treatment which are not prohibited by the legislation of the Russian Federation, and also medicines are applied to medical application and the medical products registered according to the procedure, established by the legislation of the Russian Federation.";

b) in part three of the word "Medical Means and Methods" shall be replaced with words "Methods of diagnostics and treatment, and also medicines for medical application and medical products";

9) in Article 11:

a) state the name in the following edition:

"Article 11. The informed voluntary consent to medical intervention";

b) state part one in the following edition:

"(1) Treatment of person suffering from mental disturbance is performed in the presence according to the legislation in the field of health protection of its informed voluntary consent to medical intervention, except as specified, provided by part four of this Article.";

c) in part three the first offer to state in the following edition: "Concerning the minor aged up to fifteen years or the minor sick with drug addiction aged up to sixteen years one of parents or other legal representative, concerning person recognized in the procedure established by the law incapacitated if such person on the condition is not capable to give the informed voluntary consent to medical intervention, - his legal representative after the message gives the informed voluntary consent to medical intervention to persons giving the informed voluntary consent to medical intervention, the data provided by part two of this Article.", in the second offer of the word of "consent to treatment" shall be replaced with words "the informed voluntary consent to medical intervention";

d) in word part five of "medical means and methods" shall be replaced with words "methods of prevention, diagnostics, treatment and medical rehabilitation, medicines for medical application, specialized products of clinical nutrition and medical products";

10) in Article 12:

a) in part one the first offer to state in the following edition: "Person suffering from mental disturbance one of parents or other legal representative of the minor aged up to fifteen years or the minor sick with drug addiction aged up to sixteen years, the legal representative of person recognized in the procedure established by the law incapacitated if such person on the condition is not capable to refuse treatment, have the right to refuse the offered treatment or to demand its termination according to the procedure, established by the legislation in the field of health protection, except as specified, provided by part four of article 11 of this Law.";

b) in part two the first offer after the words "possible effects" to add with words "such refusal or", the second offer to state in the following edition: "The refusal of treatment is drawn up in writing, signed by person who refused treatment one of parents or other legal representative, the health worker and contains in medical documentation.";

Part the second Article 13 to state 11) in the following edition:

"(2) Enforcement powers of medical nature are performed in the medical organizations of the state health care system giving mental health services. Persons hospitalized in the medical organization giving mental health services in stationary conditions, by a court decision about application of enforcement powers of medical nature have the rights, the stipulated in Article 37 these Laws. Such persons are recognized disabled for the entire period of stay in the medical organization giving mental health services in stationary conditions and have the right to pension and benefits in accordance with the legislation of the Russian Federation about compulsory social insurance.";

Shall be replaced with words 12) in Article 15 of the word of "out-patient and stationary inspection" "psychiatric inspection in out-patient and stationary conditions";

13) in Article 16:

a) in part one:

declare paragraph two invalid;

third to state the paragraph in the following edition:

"mental health services when rendering primary health care, specialized medical care, fast, including fast specialized, medical care;";

the fourth to state the paragraph in the following edition:

"conducting medical examinations in accordance with the legislation of the Russian Federation;";

in paragraph seven of the word "in mental health and psychoneurological facilities" shall be replaced with words "in the medical organizations giving mental health services, stationary organizations of social servicing for persons suffering from mental disturbances";

b) in part two:

in the paragraph the second to replace the word of "organizations" with the word of "organizations", "extra hospital and stationary" to exclude words;

add with the new paragraph third the following content:

"will organize rendering the mental health services provided by part one of this Article;";

third - the eighth to consider paragraphs respectively paragraphs the fourth - the ninth;

c) the paragraph one of part three to declare invalid;

14) in Article 17:

a) in part one of the word "in federal specialized medical institutions which list affirms the Government of the Russian Federation" shall be replaced with words "in the medical organizations subordinated to federal executive bodies, the state academies of Sciences";

b) in part two of the word "in federal specialized medical institutions which list affirms the Government of the Russian Federation" shall be replaced with words "in the medical organizations subordinated to federal executive bodies, the state academies of Sciences";

Article 18 to state 15) in the following edition:

"Article 18. The organizations and persons giving mental health services

(1) Mental health services are given by the medical organizations, stationary organizations of social servicing for persons suffering from mental disturbances, the psychiatrists registered as individual entrepreneurs in the presence of the license for implementation of medical activities.

(2) Vida are specified to mental health services in constituent documents of legal entities. Information on the types of mental health services rendered by the medical organizations, stationary organizations of social servicing for persons suffering from mental disturbances the psychiatrists registered as individual entrepreneurs shall be available to citizens.";

16) in Article 19:

a) in part two of the word "medical personnel" shall be replaced with words "health workers";

b) in word part three of "medical personnel" shall be replaced with words "health workers";

17) in part one of Article 20 of the word of "medical personnel" shall be replaced with words "health workers";

18) in Article 22:

a) in part one:

word in paragraph three of "federal budgetary institutions" shall be replaced with words "the medical organizations subordinated to federal executive bodies, the state academies of Sciences", shall be replaced with words words of "budget institutions of subjects of the Russian Federation" "the medical organizations subordinated to executive bodies of the government of subjects of the Russian Federation,";

word in paragraph four of "federal budget institutions, budget institutions of subjects of the Russian Federation" shall be replaced with words "the medical organizations subordinated to federal executive bodies, the state academies of Sciences, the medical organizations subordinated to executive bodies of the government of subjects of the Russian Federation";

b) to declare paragraph two of part two invalid;

19) in Article 23:

a) the second to state part in the following edition:

"(2) Psychiatric survey is carried out in the presence of the informed voluntary consent inspected on its carrying out. Psychiatric survey of the minor aged up to fifteen years or the minor sick with drug addiction aged up to sixteen years is carried out in the presence of the informed voluntary consent to its carrying out one of parents or other legal representative, and concerning person recognized in the procedure established by the law incapacitated if such person on the condition is not capable to give the informed voluntary consent, - in the presence of the informed voluntary consent to carrying out psychiatric survey of the legal representative of such person. In case of objection of one of parents or in the absence of parents or other legal representative psychiatric survey of the minor is carried out according to the decision of guardianship and custody body which can be appealed in court. The legal representative of person recognized in the procedure established by the law as incapacitated informs guardianship and custody body at the place of residence of the ward on giving the informed voluntary consent to carrying out psychiatric survey of the ward no later than the day following behind day of giving the specified consent.";

b) add with part seven of the following content:

"(7) Psychiatric survey of the citizen specified in article 15 of this Law is carried out within military-medical examination according to article 61 of the Federal Law of November 21, 2011 No. 323-FZ "About bases of protection of public health in the Russian Federation".";

20) in Article 26:

a) state the name in the following edition:

"Article 26. The mental health services given in out-patient conditions";

b) state part one in the following edition:

"(1) concerning person suffering from mental disturbance in out-patient conditions prevention, diagnostics, treatment, medical rehabilitation and dispensary observation depending on medical indications are performed.";

c) the second to state part in the following edition:

"(2) Mental health services in out-patient conditions (except for dispensary observation) appear in case of the voluntary address of person suffering from mental disturbance according to article 4 of this Law.";

21) in Article 27:

a) the second to state part in the following edition:

"(2) the Solution of questions of need of establishment of dispensary observation and on its termination is accepted by the commission of psychiatrists appointed by the head of the medical organization giving mental health services in out-patient conditions or the commission of psychiatrists appointed by executive body of the subject of the Russian Federation in the field of health care.";

b) in part four the second offer to state in the following edition: "After the termination of dispensary observation mental health services in out-patient conditions are given according to part two of article 26 of this Law.";

c) add with part five of the following content:

"(5) the Procedure for dispensary observation of person suffering from chronic and long mental disturbance with the heavy permanent or often escalating painful manifestations is established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of health care.";

22) in Article 28:

a) state the name in the following edition:

"Article 28. The bases for hospitalization in the medical organization giving mental health services in stationary conditions";

b) in part one of the word "in psychiatric hospital" shall be replaced with words "in the medical organization giving mental health services in stationary conditions," the word "inspections" shall be replaced with words "psychiatric inspection";

c) in word part two of "the room in psychiatric hospital" shall be replaced with words "hospitalization in the medical organization giving mental health services in stationary conditions";

d) in part three to replace the word "Room" with the word "Hospitalization", shall be replaced with words the words "in psychiatric hospital" "in the medical organization giving mental health services in stationary conditions" the words "from its consent" shall be replaced with words "in the presence of its consent to hospitalization";

e) in part four the first offer to state in the following edition: "The minor aged up to fifteen years or sick drug addiction the minor aged up to sixteen years is hospitalized in the medical organization giving mental health services in stationary conditions for request or in the presence of consent to hospitalization of one of parents or other legal representative.", in the second offer of the word "the room of the minor aged up to 15 years in psychiatric hospital" shall be replaced with words "hospitalization of the minor specified in this part in the medical organization giving mental health services in stationary conditions";

e) in part chetvertoy.1 in the first offer of the word "is located in psychiatric hospital" shall be replaced with words "the word "consent" is hospitalized in the medical organization giving mental health services in stationary conditions," in the second offer shall be replaced with words "the informed voluntary consent to medical intervention", shall be replaced with words the words "is located in psychiatric hospital" "is hospitalized in the medical organization giving mental health services in stationary conditions," in the third offer of the word "the room of his ward in psychiatric hospital" shall be replaced with words "hospitalization of his ward in the medical organization giving mental health services in stationary conditions";

g) the fifth to state part in the following edition:

"(5) Consent to hospitalization in the medical organization giving mental health services in stationary conditions is drawn up in writing, is signed by the hospitalized person, one of parents or other legal representative, the health worker and contains in medical documentation.";

23) in Article 29:

a) in the name of the word "in psychiatric hospital" shall be replaced with words "in the medical organization giving mental health services in stationary conditions";

b) in paragraph one of the word "in psychiatric hospital without its consent or without the consent of his legal representative" shall be replaced with words "in the medical organization giving mental health services in stationary conditions without its consent or without the consent of one of parents or other legal representative", the word "inspection" shall be replaced with words "psychiatric inspection";

24) in Article 30:

a) in part one of the word "Stationary Mental Health Services Are Performed in the Least Restrictive Conditions Providing" shall be replaced with words "Mental health services in stationary conditions are given with the smallest restrictions providing" of the word by "medical personnel" shall be replaced with words "health workers";

b) in part two of the word "in psychiatric hospital" shall be replaced with words "in the medical organization giving mental health services in stationary conditions," words of "medical personnel" shall be replaced with words "health workers";

25) in Article 31:

a) state the name in the following edition:

"Article 31. Psychiatric survey of the minor hospitalized in the medical organization giving mental health services in stationary conditions";

b) in part one the first offer to state in the following edition: "The minor aged up to fifteen years or sick drug addiction the minor aged up to sixteen years, hospitalized in the medical organization giving mental health services in stationary conditions for request or with the consent of one of parents or other legal representative, is subject to obligatory psychiatric survey of psychiatrists of such medical organization by the commission according to the procedure, established by part one of article 32 of this Law.", in the second offer to "survey" shall be replaced with words the word to "psychiatric survey", in the third offer the word "surveys" shall be replaced with words "psychiatric surveys";

c) the second to state part in the following edition:

"(2) in case of detection of psychiatrists by the commission or the head of the medical organization giving mental health services in stationary conditions, the abuses allowed in case of hospitalization by the legal representative of the minor specified in part one of this Article, the head of the medical organization giving mental health services in stationary conditions informs on it guardianship and custody body at the place of residence of the ward.";

26) in Article 32:

a) state the name in the following edition:

"Article 32. Psychiatric survey of persons hospitalized in the medical organization giving mental health services in stationary conditions, in involuntary procedure";

b) in part one of the word "placed in psychiatric hospital" shall be replaced with words "hospitalized in the medical organization giving mental health services in stationary conditions," the word to "survey" shall be replaced with words to "psychiatric survey", shall be replaced with words words of "mental health facility" "the medical organization", shall be replaced with words the words "in psychiatric hospital" "in the medical organization giving mental health services in stationary conditions";

c) in part two of the word of "mental health facility" shall be replaced with words "the medical organization giving mental health services in stationary conditions," words "persons in it" shall be replaced with words "faces in it";

27) in Article 33:

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