Law on psychiatric care and guarantees of the rights of citizens in its provision - Causes, symptoms and treatment. MF.

The rights of citizens in the provision of psychiatric care are regulated by the RF Law "On Psychiatric Assistance and Guarantees of Rights in Its Delivery" of July 2, 1992( as amended by Federal Law No. 117-FZ of July 21, 1998, No. 116-FZ of July 25, 2002,from 10.01.2003 N 15-FZ).In accordance with this Law, the text of the article contains the articles.

Section I. GENERAL PROVISIONS

Article 1. Psychiatric care and the principles of its provision Psychiatric care includes a survey of the mental health of citizens on the grounds and in the manner established by this Law and other laws of the Russian Federation, the diagnosis of mental disorders, treatment, care and medico-social rehabilitation of persons suffering from mental disorders. Psychiatric care for people with mental disorders is guaranteed by the state and is carried out on the basis of the principles of legality, humanity and respect for human rights and citizenship.

Article 2. Legislation of the Russian Federation on psychiatric care

( 1) The legislation of the Russian Federation on psychiatric care consists of this Law, other federal laws, as well as the laws of the subjects of the Russian Federation.(2) Relations related to activities in the field of psychiatric care are also regulated by regulations of the Government of the Russian Federation and normative legal acts issued by federal executive bodies authorized to resolve issues in the provision of psychiatric care published in accordance with them, as well as regulatory legalacts of the subjects of the Russian Federation. Part three was no longer valid.(4) If an international treaty in which the Russian Federation participates establishes rules other than those provided for in the Russian Federation's legislation on psychiatric care, then the rules of the international treaty are applied.

Article 3. Application of this Law This Law extends to the citizens of the Russian Federation in the provision of psychiatric care and is applied to all institutions and persons providing psychiatric care in the territory of the Russian Federation. Foreign citizens and stateless persons who are on the territory of the Russian Federation, when providing psychiatric assistance, enjoy all the rights established by this Law on a par with citizens of the Russian Federation.

Article 4. Voluntary treatment for psychiatric care Psychiatric care is provided when the person voluntarily applies or with his consent, except in cases provided for by this Law. A minor under the age of 15 years, and also to a person recognized as legally incompetent, psychiatric assistance is provided at the request or with the consent of their legal representatives in the manner provided for in this Act.

Article 5. Rights of persons suffering from mental disorders ( 1) Persons suffering from mental disorders have all the rights and freedoms of citizens provided for by the Constitution of the Russian Federation and federal laws. Restriction of rights and freedoms of citizens associated with a mental disorder is permissible only in cases stipulated by the laws of the Russian Federation. All persons suffering from mental disorders in the provision of psychiatric care are entitled to: a respectful and humane attitude that excludes the humiliation of human dignity;obtaining information about their rights, as well as in the form accessible to them and taking into account their mental state information about the nature of their mental disorders and the treatment methods used;Psychiatric care in the least restrictive settings, if possible at the place of residence;maintenance in a psychiatric hospital only for the period necessary for examination and treatment;all types of treatment( including sanatorium and resort) for medical reasons;the provision of psychiatric care in conditions that meet sanitary and hygienic requirements;preliminary consent and refusal at any stage from use as a test object of medical devices and methods, scientific research or educational process, from photo, video or filming;invitation on their request to any specialist involved in the provision of psychiatric care, with the consent of the latter to work in the medical commission on matters governed by this law;assistance of an attorney, legal representative or other person in the manner prescribed by law.(3) Restriction of the rights and freedoms of persons suffering from mental disorders, only on the basis of a psychiatric diagnosis, the fact of being under clinical observation in a psychiatric hospital or in a psychoneurological institution for social security or special education is not allowed. Officials guilty of such violations are liable in accordance with the legislation of the Russian Federation and the subjects of the Russian Federation.

Article 6. Restrictions on the performance of certain professional activities and activities related to the source of increased danger A citizen may be temporarily( for a period of not more than five years and with the right of subsequent re-examination) recognized as unfit due to a mental disorder to perform certain types of professional activities and activities,connected with a source of increased danger. Such a decision is made by the medical commission authorized by the health authority on the basis of assessing the state of mental health of a citizen in accordance with the list of medical psychiatric contraindications and may be appealed to the court. The list of medical psychiatric contraindications for the implementation of certain types of professional activities and activities associated with a source of increased danger is approved by the Government of the Russian Federation and periodically( at least once every five years) is reviewed taking into account the accumulated experience and scientific achievements.

Article 7. Representation of citizens who receive psychiatric assistance A citizen in the provision of psychiatric assistance is entitled to invite a representative at his choice to protect his rights and legitimate interests. Registration of representation is made in the order established by civil and civil procedural legislation of the Russian Federation. The protection of the rights and legitimate interests of a minor under the age of 15 and a person recognized as legally incompetent in the course of their provision of psychiatric assistance is exercised by their legal representatives( parents, adoptive parents, guardians) and, in their absence, by the administration of a psychiatric hospital or psychoneurological institutionfor social security or special education. Protection of the rights and legitimate interests of a citizen in the provision of psychiatric assistance may be provided by a lawyer. The procedure for inviting an attorney and paying for his services is provided for by the legislation of the Russian Federation. The administration of the institution providing psychiatric assistance provides the opportunity to invite an attorney, except for urgent cases stipulated in clause "a" of part four of article 23 and clause "a" of article 29 of this Law.

Article 8. Prohibition of the requirement of information on the state of mental health

When a citizen realizes his rights and freedoms, the requirement to provide information about the state of his mental health or to be examined by his psychiatrist is allowed only in cases established by the laws of the Russian Federation.

Article 9. Preservation of medical secrecy in the provision of psychiatric care

Information about the presence of a mental disorder in a citizen, the facts of applying for psychiatric care and treatment in an institution providing such assistance, as well as other information about the state of mental health are a medical secret protected by law. To realize the rights and legitimate interests of a person suffering from a mental disorder, at his request or at the request of his legal representative, they can be provided with information on the mental health of this person and on the psychiatric care provided to him.

Article 10. Diagnosis and treatment of people with mental disorders The diagnosis of a mental disorder is made in accordance with generally accepted international standards and can not be based only on the disagreement of a citizen with moral, cultural, political or religious values ​​accepted in society, or for other reasons not directly attributable to him.connected with the state of his mental health. For the diagnosis and treatment of a person suffering from a mental disorder, medical means and methods that are permitted in the manner prescribed by the legislation of the Russian Federation on health care are used. Medical devices and methods are used only for diagnostic and therapeutic purposes in accordance with the nature of painful disorders and should not be used to punish a person suffering from a mental disorder or in the interests of others.

Article 11. Consent to treatment Treatment of a person suffering from a mental disorder shall be carried out after receiving his written consent, except as provided for in part four of this article. The physician must provide the person suffering from a mental disorder with information on the nature of the mental disorder, goals, methods, including alternatives, and the duration of the recommended treatment, as well as on pain, possible risk, side effects andexpected results. The information is recorded in the medical records. Consent to the treatment of a minor under the age of 15 years, as well as a person recognized as legally incapacitated by law, is given by their legal representatives after informing them of the information provided for in part two of this article. Treatment can be carried out without the consent of a person suffering from a mental disorder or without the consent of his legal representative only when applying compulsory medical measures on the grounds provided for by the Criminal Code of the Russian Federation, as well as involuntary hospitalization on the grounds provided for in § 29 of this Law. In these cases, except urgent, treatment is applied by the decision of the commission of doctors-psychiatrists. With regard to the persons specified in part four of this article, the use of surgical and other methods that cause irreversible effects for the treatment of mental disorders, as well as testing of medical devices and methods are not allowed.

Article 12. Cancellation of treatment A person suffering from a mental disorder or his legal representative has the right to refuse or terminate the proposed treatment, except as provided for in Section 11, Paragraph four of this Law. A person refusing treatment or his legal representative should be explained the possible consequences of cessation of treatment. Refusal of treatment with indication of information about possible consequences is documented in a medical record signed by a person or his legal representative and a psychiatrist.

Article 13. Compulsory medical measures Compulsory medical measures are applied by a court decision in respect of persons suffering from mental disorders who have committed socially dangerous acts on the grounds and in accordance with the procedure established by the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. Compulsory medical measures are carried out in psychiatric institutions of health authorities. Persons placed in a psychiatric hospital by a court decision on the application of compulsory measures of a medical nature shall enjoy the rights provided for in § 37 of this Law. They are recognized as incapacitated for the entire period of their stay in a psychiatric hospital and are entitled to a state social insurance benefit or to a pension on general grounds.

Article 14. Forensic psychiatric examination

Forensic psychiatric examination in criminal and civil cases is performed on the grounds and in accordance with the procedure provided for by the legislation of the Russian Federation.

Article 15. Psychiatric examination for resolving the issue of the citizen's eligibility for service as a serviceman

Grounds and procedure for outpatient and in-patient examination when deciding whether a citizen is fit for mental health to serve as a serviceman of the Armed Forces, troops and security agencies, internaltroops and other military formations, persons of the commanding and rank-and-file of the bodies of internal affairs, the State Fire Service, institutions and bodies criminalo-executive system are determined by this Law and the legislation of the Russian Federation on military service.

Section II.SUPPORT FOR PSYCHIATRIC ASSISTANCE AND SOCIAL SUPPORT OF PERSONS AFFECTING THE MENTAL DISORDERS

Article 16. Types of psychiatric care and social support guaranteed by the state The state guarantees: emergency psychiatric care;consultative-diagnostic, therapeutic, psycho-preventive, rehabilitation assistance in out-of-hospital and inpatient settings;all types of psychiatric examination, determination of temporary incapacity for work;social and domestic assistance and assistance in employment of persons suffering from mental disorders;the decision of questions of trusteeship;legal advice and other types of legal assistance in psychiatric and neuropsychiatric institutions;social and domestic arrangements for disabled people and elderly people with mental disorders, as well as care for them;Training of people with disabilities and juveniles suffering from mental disorders;psychiatric assistance in natural disasters and catastrophes. In order to provide for people with mental disorders, psychiatric care and their social support, the state: creates all types of institutions providing community and inpatient psychiatric care, if possible at the place of residence of patients;organizes general education and vocational training for minors suffering from mental disorders;creates medical-industrial enterprises for labor therapy, training new professions, and employing people with mental disorders, including disabled people, as well as special production facilities, workshops or sections with facilitated working conditions for such persons;establishes mandatory quotas for workplaces at enterprises, institutions and organizations for the employment of persons suffering from mental disorders;applies economic incentive methods to enterprises, institutions and organizations that provide jobs for people with mental disorders;creates dormitories for people with mental disorders who have lost social ties;takes other measures necessary for the social support of persons suffering from mental disorders.(3) The organization of the provision of psychiatric care is carried out by federal specialized medical institutions, the list of which is approved by the Government of the Russian Federation, and specialized medical institutions of the subjects of the Russian Federation. The issues of social support and social services for people with mental disorders who are in a difficult life situation are implemented by state authorities of the subjects of the Russian Federation.

Article 17. Financing of psychiatric care

·( 1) The financial provision of psychiatric care provided to the population in federal specialized medical institutions, the list of which is approved by the Government of the Russian Federation, is an expenditure obligation of the Russian Federation.

·( 2) Financial provision of psychiatric assistance to the population( with the exception of psychiatric care provided in federal specialized medical institutions, the list of which is approved by the Government of the Russian Federation), as well as social support and social services for persons suffering from mental disorders in difficult life situations, is an expense obligation of the subjects of the Russian Federation.

Section III.INSTITUTIONS AND PERSONS WHO PROVIDE PSYCHIATRIC ASSISTANCE.RIGHTS AND DUTIES OF MEDICAL WORKERS AND OTHER SPECIALISTS

Article 18. Institutions and persons providing psychiatric assistance Psychiatric care is rendered by state, non-state psychiatric and psychoneurological institutions and private psychiatric doctors who are licensed in accordance with the legislation of the Russian Federation. Types of psychiatric care provided by psychiatric and psycho-neurological institutions or by private practitioners-psychiatrists are specified in the statutory documents;information about them should be available to visitors.

Article 19. Right to activity in providing psychiatric assistance A doctor who has received a higher medical education and who has confirmed his / her qualification in the manner prescribed by the legislation of the Russian Federation has the right to practice mental health care. Other specialists and medical personnel participating in the provision of psychiatric care must, in the manner prescribed by the legislation of the Russian Federation, undergo special training and confirm their qualifications for admission to work with persons suffering from mental disorders. The activities of a psychiatrist, other specialists and medical personnel in the provision of psychiatric care are based on professional ethics and are carried out in accordance with the law.

Article 20. Rights and duties of medical workers and other specialists in the provision of psychiatric assistance The professional rights and duties of a psychiatrist, other specialists and medical personnel in the provision of psychiatric care are established by the legislation of the Russian Federation on health care and this Law. It is the exclusive right of a psychiatrist or a commission of psychiatric doctors to determine the diagnosis of a mental illness, decide on the provision of psychiatric help in involuntary order, or give an opinion to consider this issue. The conclusion of a doctor of another specialty about the state of a person's mental health is preliminary and does not constitute a basis for resolving the issue of restriction of his rights and legitimate interests, as well as for providing him with the guarantees prescribed by law for persons suffering from mental disorders.

Article 21. Independence of a psychiatrist in the provision of psychiatric assistance In the provision of psychiatric care, a psychiatrist is independent in his decisions and is guided only by medical evidence, medical duty and law. A psychiatrist whose opinion does not coincide with the decision of the medical commission is entitled to give his opinion, which is attached to the medical documentation.

Article 22. Guarantees and benefits to psychiatrists, other specialists, medical and other personnel participating in the provision of psychiatric assistance

·( 1) Physicians-psychiatrists, other specialists, medical and other personnel of health institutions participating in the provision of psychiatric care, havethe right to shortened working hours, additional leave for work in especially dangerous for health and hard working conditions in accordance with the legislation of the Russian Federation. The procedure for granting these guarantees and fixing the amount of allowances for official salaries for work in especially dangerous for health and hard working conditions for employees of federal health institutions is determined by the Government of the Russian Federation. The procedure for granting these guarantees and fixing the allowances for official salaries for work in especially dangerous for health and hard working conditions for employees of health facilities of the constituent entities of the Russian Federation is determined by the executive authorities of the subjects of the Russian Federation.

·( 2) Doctors, psychiatrists, other specialists, medical and other personnel of health care institutions participating in the provision of psychiatric care are subject to: compulsory insurance in case of harm to their health or death in the performance of their duties in accordance with the procedure established by the legislation of the Russian Federation;compulsory social insurance against accidents at work and occupational diseases in accordance with the procedure established by the legislation of the Russian Federation.

Section IV.TYPES OF PSYCHIATRIC ASSISTANCE AND ORDER OF ITS

PROVISIONS Article 23. Psychiatric examination Psychiatric examination is carried out to determine whether a subject is suffering from a mental disorder, whether he needs psychiatric care, or to decide on the type of such care. Psychiatric examination, as well as preventive examinations are carried out at the request or with the consent of the subject;in respect of a minor under 15 years of age - at the request or with the consent of his parents or other legal representative;in respect of a person recognized as legally incapacitated by law - at the request or with the consent of his legal representative. In case of opposition of one of the parents or in the absence of the parents or other legal representative, the examination of the minor is carried out by the decision of the guardianship and trusteeship body, which may be appealed to the court. The doctor conducting the psychiatric examination is obliged to present himself as a psychiatrist to the examined person and his legal representative, with the exception of cases stipulated by point "a" of part four of this article. A psychiatric examination of a person can be conducted without his consent or without the consent of his legal representative in cases where, according to available data, the examinee commits actions that give grounds for assuming that he has a serious mental disorder that causes: a) his immediate danger to himself or others;b) his helplessness, that is, his inability to satisfy his basic life needs independently, or c) a significant harm to his health due to the deterioration of the mentalIf the person is left without psychiatric care. Psychiatric examination of a person may be conducted without his consent or without the consent of his legal representative, if the subject is under clinical supervision on the grounds provided for in part one of Article 27 of this Law. The data of the psychiatric examination and the conclusion on the mental health status of the subject are recorded in the medical records, which also indicate the reasons for contacting a psychiatrist and medical advice.

Article 24. Psychiatric examination of a person without his consent or without the consent of his legal representative In cases stipulated by clause "a" of part four and part five of article 23 of this Law, a decision on the psychiatric examination of a person without his consent or without the consent of his legal representative is adopteddoctor-psychiatrist independently. In cases stipulated by clauses "b" and "c" of part four of Article 23 of this Law, a decision on the psychiatric examination of a person without his consent or without the consent of his legal representative is taken by a psychiatrist with the sanction of a judge.

Article 25. Procedure for submitting an application and taking a decision on the psychiatric examination of a person without his consent or without the consent of his legal representative A decision on the psychiatric examination of a person without his consent or without the consent of his legal representative, except in cases provided for in Section 23, Paragraph five of this Law, is accepted by a psychiatrist upon an application containing information on the grounds for such an examination listed in part four of Article 23 of this Lawit. The application can be filed by relatives of a person subject to psychiatric examination, a doctor of any medical specialty, officials and other citizens. In urgent cases when, according to the information received, the person poses an immediate danger to himself or others, the application can be oral. The decision to take a psychiatric examination is taken immediately by a psychiatrist and recorded in a medical record. In the absence of an immediate danger to the person or others, the statement of psychiatric examination must be in writing, contain detailed information justifying the need for such an examination and indicating the refusal of the person or his legal representative to seek medical advice from a psychiatrist. A psychiatrist has the right to request additional information necessary for making a decision. Having established that there are no data in the application evidencing the existence of the circumstances stipulated by clauses "b" and "c" of part four of Article 23 of this Law, the psychiatrist in writing, reasonably refuses to take a psychiatric examination. Having established the validity of the application for a psychiatric examination of a person without his consent or without the consent of his legal representative, the psychiatrist sends to the court at the place of residence of the person his written opinion on the need for such an examination, as well as the application for examination and other available materials. The judge decides whether to issue a sanction within three days from the receipt of all materials. The actions of a judge may be appealed to a court in the manner established by the legislation of the Russian Federation.

Article 26. Types of outpatient psychiatric care Ambulatory psychiatric care for a person suffering from a mental disorder, depending on medical indications, is provided in the form of consultative and curative care or dispensary supervision. Consultative and medical assistance is provided by a psychiatrist in case of self-treatment of a person suffering from a mental disorder, at his request or with his consent, and with respect to a minor under the age of 15 - at the request or with the consent of his parents or other legal representative. Clinical follow-up can be established regardless of the consent of the person suffering from a mental disorder or his legal representative in cases provided for in Section 27, Paragraph one of this Law, and involves monitoring the mental health of a person through regular check-ups by a psychiatrist and providing him with the necessary medical and social assistance.

Article 27. Clinical supervision Clinical follow-up can be established for a person suffering from a chronic and protracted mental disorder with severe persistent or often aggravated morbid manifestations. The decision on the need for the establishment of dispensary observation and on its termination is taken by a commission of psychiatrists appointed by the administration of a psychiatric institution providing outpatient psychiatric care or by a commission of psychiatrists appointed by the health authority of a subject of the Russian Federation. A motivated decision of the commission of psychiatrists is made out in a medical record. The decision to establish or stop dispensary supervision may be appealed in accordance with the procedure established by Section VI of this Law. The previously established dispensary observation is terminated upon recovery or a significant and persistent improvement in the mental state of the person. After discontinuation of outpatient observation, outpatient psychiatric care, at the request or with the consent of the person or at the request or with the consent of his legal representative, is provided in an advisory-curative form. In case of a change in mental state, a person suffering from a mental disorder may be examined without his consent or without the consent of his legal representative on the grounds and pursuant to the procedure provided for in Section 23, Paragraph four, by Articles 24 and 25 of this Law. Clinical follow-up can be resumed in such cases by the decision of the commission of psychiatrists.

Article 28. Basis for hospitalization in a psychiatric hospital The grounds for hospitalization in a psychiatric hospital are the presence of a person with a mental disorder and the decision of a psychiatrist to conduct a survey or treatment in a hospital setting or a judge's decision. The basis for placement in a psychiatric hospital may also be the need for a psychiatric examination in cases and in the manner prescribed by the laws of the Russian Federation. The placement of a person in a psychiatric hospital, with the exception of cases provided for in Article 29 of this Law, is carried out voluntarily - at his request or with his consent. A minor under the age of 15 years is placed in a psychiatric hospital at the request or with the consent of his parents or other legal representative. A person recognized as legally incapacitated by law is placed in a psychiatric hospital at the request or with the consent of his legal representative. In case of objection of one of the parents or in the absence of the parents or other legal representative, the placement of the minor in the psychiatric hospital shall be carried out by the decision of the guardianship and trusteeship body, which may be appealed to the court. The received consent for hospitalization is made out by recording in the medical documentation signed by the person or his legal representative and a psychiatrist.

Article 29. Grounds for hospitalization in a psychiatric hospital in involuntary order

A person suffering from a mental disorder may be hospitalized in a psychiatric hospital without his consent or without the consent of his legal representative, unless the judge decides if his examination or treatment is possible only in a hospital setting,and a mental disorder is severe and causes: a) his immediate danger to himself or others, or b) his helplessness, that is, his inabilitytoyatelno meet the basic necessities of life, or c) significant damage to his health from deteriorating mental state where a person is left without psychiatric care.

Article 30. Security measures for the provision of psychiatric care Inpatient psychiatric care is provided in the least restrictive conditions that ensure the safety of the hospitalized person and other persons, provided that the medical staff respects his rights and legitimate interests. Measures of physical restraint and isolation during involuntary hospitalization and stay in a psychiatric hospital are applied only in those cases, forms and for the period when, in the opinion of a psychiatrist, other methods can not prevent the actions of a hospitalized person posing an imminent danger to him or others, and are carried out with the constant supervision of medical personnel. The forms and time of application of measures of physical restraint or isolation are recorded in medical records. Militia officers are obliged to assist medical workers in involuntary hospitalization and to ensure safe conditions for access to and examination of a hospitalized person. In cases where it is necessary to prevent actions that threaten the life and health of others around the hospitalized person or other persons, and if it is necessary to search for and detain a person to be hospitalized, police officers act in accordance with the procedure established by the Law of the Russian Federation "On Militia".

Article 31. Survey of minors and persons found incompetent placed in a psychiatric hospital at the request or with the consent of their legal representatives A minor under the age of 15 years and a person recognized as legally incapacitated, placed in a psychiatric hospital at the request or with the consent oftheir legal representatives, are subject to compulsory examination by the commission of psychiatric psychiatrists of the psychiatric institution in the manner provided for in the first part of Article 32 of this Law. During the first six months, these individuals are subject to examination by a commission of psychiatric doctors at least once a month to decide on the extension of hospitalization. If the hospitalization is prolonged for more than six months, the commission of psychiatrists is examined at least once every six months. If the commission of psychiatric doctors or the administration of a psychiatric hospital finds that abuses committed during hospitalization by legal representatives of a minor under 15 years of age or a person recognized incompetent in accordance with the procedure established by law, the administration of a psychiatric hospital notifies the guardianship authority in the place of residence of the ward.

Article 32. Survey of persons placed in a psychiatric hospital in involuntary order A person placed in a psychiatric hospital on the grounds provided for in § 29 of this Law shall be subject to mandatory examination within 48 hours by a commission of psychiatric psychiatrists who decide on the validity of hospitalization. In cases where hospitalization is recognized as unfounded and hospitalized does not express a desire to stay in a psychiatric hospital, it is subject to immediate discharge. If hospitalization is considered justified, the conclusion of the commission of psychiatrists within 24 hours is sent to the court at the location of the psychiatric institution to decide the issue of the further stay of the person in it.

Article 33. Appeal to the court on involuntary admission The issue of hospitalization of a person in a psychiatric hospital in involuntary order on the grounds provided for in § 29 of this Law shall be decided in a court at the location of the psychiatric institution. The application for hospitalization of a person in a psychiatric hospital is submitted involuntarily to a court by the representative of the psychiatric institution where the person is located. To the application, in which the statutory grounds for hospitalization in a psychiatric hospital in involuntary order should be indicated, a motivated conclusion of the commission of psychiatrists on the need for further stay of a person in a psychiatric hospital is attached. Upon accepting the application, the judge simultaneously authorizes the person to stay in a psychiatric hospital for the period necessary to consider the application in court.

Article 34. Examination of the application for involuntary admission The application for hospitalization of a person in a psychiatric hospital in involuntary order is considered by the judge within five days of its adoption at the courtroom or in a psychiatric institution. The person must be given the right to personally participate in the judicial examination of the question of his hospitalization. If, according to information received from a representative of a psychiatric institution, a person's mental state does not allow him to personally participate in the consideration of his hospitalization in the courtroom, the application for hospitalization is considered by a judge in a psychiatric institution. Participation in the examination of the application of the prosecutor, the representative of the psychiatric institution requesting hospitalization, and the representative of the person in respect of whom the issue of hospitalization is being decided is mandatory.

Article 35. Decision of a judge on application for involuntary admission Having examined the application on the merits, the judge satisfies or rejects it. The decision of the judge to satisfy the application is the basis for hospitalization and further detention of a person in a psychiatric hospital. The decision of a judge within ten days from the date of issuance may be appealed by a person placed in a psychiatric hospital, his representative, the head of a psychiatric institution, or an organization to which the law or its charter( provision) granted the right to protect the rights of citizens, or the prosecutor in the manner provided by lawRussian Federation.

Article 36. Prolonged involuntary admission A person's stay in a psychiatric hospital involuntarily continues only during the time of preservation of the grounds for which hospitalization has been performed. A person placed in a psychiatric hospital in a non-voluntary manner during the first six months at least once a month is subject to examination by a commission of psychiatric psychiatrists to resolve the issue of extending hospitalization. If the hospitalization is prolonged for more than six months, the commission of psychiatrists is examined at least once every six months. After the expiration of six months from the moment of placing a person in a psychiatric hospital involuntarily, the commission of psychiatrists on the need to extend such hospitalization is sent by the administration of the psychiatric hospital to the court at the location of the psychiatric institution. The judge may prolong hospitalization in accordance with the procedure provided for in Articles 33-35 of this Law. In the future, the decision to extend the hospitalization of a person placed in a psychiatric hospital in a non-voluntary manner is taken by the judge every year.

Article 37. Rights of patients in psychiatric hospitals The patient should be explained the reasons and purposes of placing him in a psychiatric hospital, his rights and the rules established in the hospital in the language he owns, which is recorded in the medical records. All patients who are on treatment or examination in a psychiatric hospital have the right: directly to the head physician or the head of the department for treatment, examination, discharge from the psychiatric hospital and observance of the rights granted by this Law;submit uncensored complaints and statements to bodies of representative and executive power, the prosecutor's office, the court and a lawyer;to meet with a lawyer and a clergyman in private;to perform religious rites, observe religious canons, including fasting, in coordination with the administration, to have religious attributes and literature;to write newspapers and magazines;to receive education through a comprehensive school program or special school for children with intellectual disabilities if the patient is under 18;receive on an equal basis with other citizens remuneration for work in accordance with its quantity and quality, if the patient participates in productive labor. Patients also have the following rights, which can be limited by the advice of the attending physician to the head of the department or the head physician for the health or safety of patients, as well as for the health or safety of others: maintain correspondence without censorship;receive and send parcels, packages and money orders;use the phone;receive visitors;to have and purchase essentials, to use their own clothes. Paid services( individual subscription to newspapers and magazines, communication services and so on) are carried out at the expense of the patient to whom they are provided.

Article 38. Service for protection of patients' rights in psychiatric hospitals The state creates an independent service from the public health services to protect the rights of patients in psychiatric hospitals. Representatives of this service protect the rights of patients who are in psychiatric hospitals, accept their complaints and statements that they permit with the administration of this psychiatric institution or are sent to the bodies of representative and executive power, the prosecutor's office or the court, depending on their nature.

Article 39. Duties of the administration and medical personnel of the psychiatric hospital

Administration and medical personnel of the psychiatric hospital are obliged to create conditions for the exercise of the rights of patients and their legal representatives provided for by this Law, including: providing psychiatric patients with necessary medical assistance;to provide an opportunity to get acquainted with the text of this Law, the internal regulations of this psychiatric hospital, the addresses and telephone numbers of state and public bodies, institutions, organizations and officials that can be contacted in case of violation of patients' rights;provide the conditions for correspondence, sending complaints and statements of patients to the bodies of the representative and executive authorities, the prosecutor's office, the court, as well as to the lawyer;within 24 hours from the moment of admission of the patient to a psychiatric hospital in involuntary order to take measures to notify his relatives, legal representative or other person at his instruction;inform the relatives or legal representative of the patient, as well as another person on his instructions about changes in his state of health and emergency incidents with him;ensure the safety of patients in the hospital, monitor the content of parcels and transmissions;to act as a legal representative in respect of patients recognized as legally incompetent, but not having such a representative;to establish and explain to believing patients rules that should be observed in the interests of other psychiatric patients in the performance of religious rites, and the procedure for inviting the clergyman, to promote the exercise of the right to freedom of conscience of believers and atheists;perform other duties established by this Law.

Article 40. Extract from a psychiatric hospital The patient is discharged from a psychiatric hospital in cases of recovery or improvement of his mental state, which does not require further inpatient treatment, as well as the completion of a survey or examination, which are grounds for hospitalization. An extract of a patient who is voluntarily in a psychiatric hospital is made on his personal application, the application of his legal representative or by the decision of the attending physician. An extract of a patient hospitalized in a psychiatric hospital in involuntary order is made at the conclusion of a commission of psychiatrists or a judge's decision not to prolong such hospitalization. The patient's discharge, to which the court has applied compulsory measures of a medical nature, is carried out only by a court decision. A patient placed in a psychiatric hospital voluntarily may be refused an extract if the commission of psychiatric psychiatric doctors establishes the grounds for involuntary hospitalization provided for in § 29 of this Law. In this case, the issues of his stay in a psychiatric hospital, prolongation of hospitalization and discharge from the hospital shall be decided in the manner established by Articles 32-36 and part three of Article 40 of this Law.

Article 41. Grounds and procedure for placing persons in psychoneurological institutions for social security The basis for placement in a psychoneurological institution for social security is a personal statement of a person suffering from a mental disorder and the conclusion of a medical commission involving a psychiatrist, and for a minor under the age of18 years of age or a person recognized as legally incompetent legally incompetent, - the decision of the guardianship and trusteeship body, made on the basis of a medical reportcommission with the participation of a psychiatrist. The conclusion must contain information about the person's mental disorder depriving him of the opportunity to be in a non-specialized institution for social security, and in relation to a capable person - also about the absence of grounds for putting before the court the question of recognizing him incompetent. The body of guardianship and guardianship must take measures to protect the property interests of persons placed in psycho-neurological institutions for social security.

Article 42. Grounds and procedure for placing minors in a psychoneurological institution for special education

The grounds for placing a minor under the age of 18 with a mental disorder into a psycho-neurological institution for special education are the statement of his parents or other legal representative and the mandatory conclusion of a commission consisting offrom a psychologist, a teacher and a psychiatrist. The conclusion should contain information about the need to train a minor in a special school for children with intellectual disabilities.

Article 43. Rights of persons living in psycho-neurological institutions for social security or special education and the responsibilities of the administration of these institutions Persons living in psycho-neurological institutions for social security or special education shall enjoy the rights provided for in § 37 of this Law. The duties of the administration and staff of the psycho-neurological institution for social security or special education for creating conditions for the realization of the rights of persons residing in it are established by Article 39 of this Law, as well as the legislation of the Russian Federation on social security and education. The administration of a psycho-neurological institution for social security or special education is obliged to conduct at least once a year surveys of persons residing in it with a medical commission with the participation of a psychiatrist in order to decide on their further maintenance in this institution, as well as on the possibility of reviewing decisions ontheir incapacity.

Article 44. Translation and Extract from a Psychoneurological Institution for Social Security or Special Education The basis for transferring a person from a psychoneurological institution for social security or special education to a similar general institution is the conclusion of a medical commission with the participation of a psychiatrist about the absence of medical indications for residenceor training in a specialized psychoneurological institution. An extract from a psycho-neurological institution for social security or special education is made: upon a personal application of the person, if there is a medical commission conclusion with the participation of a psychiatrist that the person is able to live independently on health grounds;at the request of parents, other relatives or legal representative who undertake to care for a minor who is prescribed to be under the age of 18 years or for a person recognized incompetent in accordance with the procedure established by law.

Section V. CONTROL AND PROSECUTOR'S SUPERVISION FOR PSYCHIATRIC ASSISTANCE ACTIVITIES

Article 45. Control and prosecutorial supervision of the provision of psychiatric care ( 1) The part has become invalid.(2) The authorized federal executive bodies, the activities of psychiatric and psycho-neurological institutions under the jurisdiction of the constituent entities of the Russian Federation, the authorized federal executive body and executive authorities of the subjects of the Russian Federation shall oversee the activities of the federal psychiatric and psycho-neurological institutions. Control over the activities of psychiatric and psycho-neurological institutions is carried out in the manner determined by the Government of the Russian Federation.(3) The supervision of the observance of the rule of law in the provision of psychiatric care shall be exercised by the Prosecutor General of the Russian Federation, prosecutors of the subjects of the Russian Federation and subordinate prosecutors.

Article 46. Control of public associations for observing the rights and legitimate interests of citizens in the provision of psychiatric assistance Public associations of psychiatrists, other public associations, in accordance with their charters( provisions), can monitor the observance of the rights and legitimate interests of citizens at their request orwith their consent when providing them with psychiatric care. The right to visit psychiatric and psycho-neurological institutions should be reflected in the statutes( regulations) of these associations and agreed with the authorities in charge of psychiatric and neuropsychiatric institutions. Representatives of public associations are required to agree on the conditions of their visit to the administration of a psychiatric or psycho-neurological institution, to familiarize themselves with the rules in force, to comply with them and to sign a commitment to non-disclosure of medical secrecy.

Section VI.APPLICATION FOR ACTION FOR PSYCHIATRIC ASSISTANCE

Article 47. Procedure and terms of appealing The actions of medical personnel, other professionals, social workers and education, medical commissions that infringe upon the rights and legitimate interests of citizens in the provision of psychiatric assistance may be appealed at the option of the person,bringing the complaint directly to the court, as well as to a higher authority( to a higher official) or to the prosecutor. The complaint may be filed by a person whose rights and legal interests have been violated, by his representative, as well as by the organization to which the law or its statute( provision) has been granted the right to protect the rights of citizens, within a month, calculated from the day when the person became aware of the commission of acts,infringing upon his rights and legitimate interests. A person who missed the appeal period for good cause, the missed deadline can be restored by the body or official considering the complaint.

Article 48. The order of consideration of a complaint in court Complaints against actions of medical workers, other specialists, social security workers and education, as well as medical commissions, infringing upon the rights and legitimate interests of citizens in the provision of psychiatric assistance are considered by the court in the manner provided for in Chapter 24.1The Civil Procedure Code of the RSFSR and this article. Participation in the consideration of a complaint by a person whose rights and legal interests are violated, if his mental state, his representative, the person whose actions are being appealed, or his representative, as well as the prosecutor is allowed, is permissible. The costs associated with the consideration of the complaint in court are borne by the state.

Article 49. The order of consideration of a complaint in a higher body( a higher official) A complaint submitted to a higher authority( a higher-ranking official) shall be considered within ten days from the date of application. The decision of a higher authority( a superior official) on the merits of the complaint must be motivated and based on the law. A copy of the decision of a higher authority( a superior official) within three days after the consideration of the complaint is essentially forwarded or handed to the applicant and the person whose actions are being appealed. The decision of a higher authority( a superior official) may be appealed to the court in the manner provided for in chapter 24.1 of the RSFSR Civil Procedure Code.

Article 50. Responsibility for violation of this Law

The criminal liability for violation of this Law is established by the legislation of the Russian Federation. Administrative and other responsibility for violation of this Law is established by the legislation of the Russian Federation and the subjects of the Russian Federation.

President of the Russian Federation Boris Yeltsin Moscow, House of Soviets of Russia July 2, 1992 N 3185-1