"Intrusive" medical service: do we have the right to refuse? Afanasy Dolgodvorov, Barnaul.

Good day!

In accordance with Article 20 of the Federal Law of the Russian Federation of November 21, 2011 N 323-FZ
"About
fundamentals of protecting the health of citizens in the Russian Federation"

Necessary
a precondition for medical intervention is
informed voluntary consent of a citizen or his legal
representative for medical intervention on the basis of the provided
medical worker in an accessible form of complete information about the goals, methods
provision of medical care, the risk associated with them, possible options
medical intervention, its consequences, as well as the alleged
results of medical care.

2. Informed
Voluntary consent to medical intervention is given by one of the parents or
other legal representative in relation to:

1) Minors,
drug addicts, over the age of sixteen and others
minors over the age of fifteen are entitled to
informed voluntary consent to medical intervention or refusal
from him in accordance with this Federal Law, with the exception of cases
providing them with medical care in accordance with parts 2 and 9 of Article 20
of this federal law.

2) minor
a patient with drug addiction when providing him with drug treatment or when
medical examination of a minor in order to establish
state of narcotic or other toxic intoxication (with the exception of
cases of acquisition established by the legislation of the Russian Federation
minors of full legal capacity until they reach the age of eighteen
age).

3. Citizen, one of
parents or other legal representative of the person specified in part 2 of this
Articles have the right to refuse medical intervention or demand
its termination, with the exception of cases provided for by Part 9 of this
articles. Legal representative of a person recognized in accordance with the law
incapacitated, exercises the said right if such a person
due to their condition is not able to refuse medical intervention.

4. If you refuse
medical intervention to a citizen, one of the parents or other legal
representative of the person specified in paragraph 2 of this article, in an accessible to him
The form should explain the possible consequences of such a refusal.

6. Persons specified in
parts 1 and 2 of this article, to receive primary health care
when choosing a doctor and a medical organization for the period of their choice, they give
informed voluntary consent to certain types of medical
interventions that are included in the list established by the authorized
federal executive body.

7. Informed voluntary
consent to medical intervention or refusal of medical intervention
executed in writing, signed by a citizen, one of the parents
or other legal representative, medical professional and is kept in
patient's medical records.

8. Order of giving
informed voluntary consent to medical intervention and refusal
from medical intervention in relation to certain types of medical
intervention, a form of informed voluntary consent to medical
intervention and the form of refusal of medical intervention are approved
authorized federal executive body.

9. Medical
intervention without the consent of a citizen, one of the parents or other legal
representative is allowed:

1) if medical
intervention is necessary according to emergency indications to eliminate the threat to life
person and if his condition does not allow him to express his will or there are no
legal representatives (in relation to the persons specified in part 2 of this article);

2) in relation to persons,
suffering from diseases that pose a danger to others;

3) in relation to persons,
suffering from severe mental disorders;

4) in relation to persons,
committed socially dangerous acts (crimes);

5) when conducting a forensic medical
examination and (or) forensic psychiatric examination.

The practice of refusing to undergo a medical examination for alcohol intoxication is very common among motorists.

The traffic police officer stops the car, declares that it is necessary to pass a check and offers to “blow” into the appropriate tube.

Is it possible to refuse this procedure without consequences? Can the termination be challenged in court?

Consider what threatens in 2019 for refusing a medical examination.

Order of referral for medical examination

First, let's figure out when the traffic police inspector has the right to issue a referral for a medical examination for alcohol or drug intoxication.

If the employee really has good reasons for this, and the car owner refuses to undergo an examination, he will have to answer in accordance with the Code of Administrative Offenses, which may result in a fine or withdrawal of a driver's license.

Russian legislation determines that the certification procedure is carried out in the following ways:

1. The check takes place at the meeting point with the traffic police inspector. They have the right to independently carry out a procedure to identify alcohol.
2. The driver is sent to a medical facility where a check is made to see if the driver has taken drugs or psychotropic substances. Then a more reliable result is guaranteed.

But employees have the right to demand an examination only if there are good reasons to suspect that the driver is in a state of intoxication.

• the presence of a persistent smell of alcohol;
• the driver cannot stand steadily;
• speech is impaired;
• tremor of fingers;
• change in complexion;
• the driver's behavior is not appropriate for the situation.

If such signs are found, the traffic police inspector conducts a medical examination using a special technical tool.

If alcohol is found in the exhaled air, the driver is sent to a medical facility where they will conduct tests and take tests to determine the degree of intoxication.

Permissible ppm in the blood - 0.35, in the exhaled air - 0.16.

If the requirement to undergo an examination is justified, the car owner does not have the right to refuse it. Otherwise, he will be fined or lose his driver's license.

But the procedure must be carried out in a certain order. If the order is violated, the actions of the traffic police inspector must be challenged.

Article 25.7 of the Code of Administrative Offenses regulates:

• two witnesses are involved in the procedure, they sign the protocol and observe how they check for alcohol / drugs;
• the process must be recorded on video;
• the driver's refusal to be tested for alcohol intoxication is confirmed by witnesses.

The driver has the right to disagree with the test result if he doubts the accuracy of the device. He must declare this in front of witnesses (witnesses).

Then the traffic police inspector sends him to the laboratory for a medical examination. If the driver refuses, witnesses also confirm this.

Sometimes this requirement is violated by inspectors.. They conduct an examination without witnesses, without video filming. Sometimes witnesses are involved after receiving the results of the medical examination. And this is a violation stipulated in the Code of Administrative Offenses.

Then the driver should not be afraid to refuse the procedure and referral to a medical facility for examination. But in this case, one often has to defend one's innocence in court.

Punishment

Consider what punishment threatens for refusing a medical examination.

According to Article 12.26 of the Code of Administrative Offenses of the Russian Federation:

1. If the driver refuses to undergo a medical examination (if no actions containing a criminally punishable act followed), he is supposed to pay a fine. The amount of the fine for refusing a medical examination is 30,000 rubles, followed by deprivation of a driver's license for a period of 1.5-2 years.
2. If a motorist does not have the right to drive a vehicle or is deprived of the right to drive and refuses to undergo a medical examination for alcohol intoxication (if no actions have been taken containing a criminally punishable act), he is threatened with an administrative arrest for a period of 10-15 days or an administrative fine in the amount of 30,000 rubles.

The motorist must comply with the requirements of the traffic police inspectors, if they are legal. If a law enforcement officer is rude and openly nagging, do not be afraid to refuse testing for alcohol or drug intoxication.

The inspector personally takes the driver to the medical facility, as he must remove the motorist, suspected of using alcohol or drugs, from driving the vehicle. If it is proved that the driver is not at fault, he is taken back to his car.

The results of medical tests and analyzes are supported by the relevant acts, which are drawn up by the laboratory worker.

This document is intended to supplement the protocol of the traffic police inspector, where all data must be indicated reliably, without distortion. The driver is obliged to check these moments in order to avoid further problems.

Video: Can a driver refuse to pass a medical examination

Any motorist must know what to do if he is forced to undergo a medical examination.

An examination can be refused only when the inspector's requirements are illegal. If legal, and you refuse the examination, it threatens the above-described penalties.

But with a negative result of the examination, the court may take this fact into account. However, this does not cancel the driver's guilt in failure to comply with the requirements of the traffic police.

The judge can mitigate the punishment, as it turns out that the inspector had no reason to send the motorist to the examination procedure.

No need to hope for luck or that the court will not deprive the motorist of the rights, but will be limited only to a fine. The Code of Administrative Offenses clearly establishes that a motorist is deprived of his rights.

It is better to demand recognition of the medical test as unfair, and the actions of the inspector illegal.

How to return the rights?

Return of ID

As court practice in 2019 shows, the court sometimes refuses to apply strict measures to the driver. How to avoid deprivation of rights for refusal of medical examination?

If you are not guilty, you must provide evidence of your innocence. Provide yourself with a serious evidence base with documents and witnesses.

List of originals and copies of documents:

The protocol, which removes from the control of the vehicle, indicates information about the witnesses, their signatures, the signature of the driver, the official. You should check if all the data is correct.

Remember how the test went. Were witnesses present, did they see the process, breathalyzer? The witness must not only put his signature on the protocol, but hear and observe the examination.

The witness has the right to express his disagreement with the fact and result of the examination and the direction of the driver to a medical institution.

Suspension from the management of the vehicle, examination for intoxication are carried out in the presence of two witnesses. This is a mandatory requirement.

If witnesses were involved only to sign the protocol, such a measure is illegal. This is a gross violation of procedural requirements.

If there were no witnesses, but the traffic police officers were invited after compiling the administrative material, they cannot confirm the procedure and the authenticity of the results of the breathalyzer.

Then refer to the violation of the registration procedure, and all materials of the case will be declared illegal, they are not suitable as evidence of your guilt.

Submit a written request that the protocol on suspension from driving and the inspection report be excluded from the evidence, as they were drawn up in violation of the law (Article 26.2 of the Code of Administrative Offenses of the Russian Federation).

If the inspector refused to conduct an examination on the spot, but you do not refuse it, he has no reason to send you to a medical facility.

Then you have the right to refuse a trip to a medical institution, since the inspector's requirements are illegal. A petition should be drawn up that the protocol on referral for a medical examination should be removed from the evidence.

But first study why the inspector refused to conduct an on-site survey. Perhaps the breathalyzer is defective.

Carefully check all the data specified in the protocol: compliance with the time, date, research result, as well as the characteristics of the device for determining alcohol intoxication, the presence of a certificate for it, its permission for use.

To prepare for court, it is best to consult with an experienced lawyer.

When the driver gets his driver's license back, he will be put on probation, which lasts 12 months.

If during this time he is caught drunk driving again, he will face even more severe punishment.

Sometimes even the most thoughtful preventive measures do not keep hard-core traffic offenders from drunk driving, the government has tightened the degree of responsibility of drivers.

In 2019, a repeated violation or repeated refusal can face a whole range of penalties. These are not only large fines and many hours of forced labor, but also criminal prosecution:

1. A fine of 200-300 thousand rubles. Also, monetary compensation to the state, commensurate with wages for 1-2 years of work.
2. Deprivation of rights or the right to hold a certain position for 3 years.
3. Mandatory work 480 hours. Or forced labor for up to two years.
4. Criminal responsibility.

The list of punitive measures is determined for a repeated violation for each motorist individually. The “driving history” and the degree of intoxication are taken into account. One measure or a set of measures can be selected.

The most desperate drivers may lose their vehicle and be sent to compulsory treatment for alcohol or drug addiction.

Such strict measures have been introduced in relation to the testing of drivers for alcohol intoxication, as drunk motorists are very often the culprit of serious accidents with a fatal outcome.

In addition to administrative measures, for repeated drunk driving, a driver can be imprisoned for 2 years, if other people have not suffered from driving a drunk driver.

If one person died, the culprit will be imprisoned for 2-7 years. If two or more - 4-5 years.

Then the court does not have the right to impose a symbolic punishment in the form of a huge fine or imprisonment for one year.

Early return of rights

If, after a repeated violation, everything ended with a fine or mandatory work, the driver can file an appeal for the return of his driver's license ahead of schedule.

You will need to draw up an application, provide facts that testify in favor of the driver (conclusion from a medical institution on the successful completion of therapy, a reference from the employer, letters of recommendation from neighbors. In each case, an individual package of documents is required.

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9 comments

Hello, please tell me, the first protocol, a refusal to pass a medical examination was issued, and in a week the second one, what will be the responsibility?

Hello! Tell me, please, the protocol indicates the refusal of a medical examination, honey. examination passed independently in less than 2 hours after signing the protocol, alcohol 0000 mcg / l, an act was issued on this. What documents do I need for the court? And what awaits me?

Hello everyone !!! I have such a case, I refused to go for a medical examination, the next day they entered the database as a refusal, but exactly 3 months have passed since the stop and refusal, but on the website of public services there is no fine of 30 thousand rubles, and there is no question I was deprived for refusal, nor the beginning of the sentence, the only thing indicated was that there was a refusal at 20.25, I was in the traffic police, to which one inspector replied that the court decision had not yet entered and I could drive, and the other inspector answered if they stop and check on the line, I will understand on the spot, since there is no beginning of the term for the execution of the court, as well as deprivation, what to do, how to be, the traffic police clearly cannot explain the different versions of both!!!

Good day. Such a case ... The guy was stopped intoxicated. They offered to be tested, but he refused. In the presence of 2 witnesses, this fact was recorded on paper, as if it was filmed on camera. The traffic police claim that the video was recorded by a camera of attesting witnesses and a video recorder in the traffic police car. Then the guy, accompanied by a traffic police car, came to the house. They called me to come and pick up the car, keys, documents for the car and the guy's license. Allegedly, they have the right to give a car and documents only to a person in a sober state and with rights. I left, but then it turned out that just a sober person with the rights to give away they do not have the right to a car and documents, they need a car owner. Neither I nor my boyfriend are the owners. They began to say that if the owner does not arrive within 10 minutes, then the car will be taken to a fine parking lot. In less than 10 minutes, a tow truck arrived and started loading the car along with the guy, because he refused to leave the car. After some negotiations with the traffic police, they agreed on a certain amount of money, allegedly for a tow truck. After the money was given into the hands of the traffic police, the tow truck was safely sent home, and I was given the documents for the car and the guy's rights, while the officers photographed my rights. The guy was asked to get out of the car and give me the keys as well, which he did. After all this, we waved a pen to each other and the traffic police left without giving us any documents from the scene. Neither I nor the guy put my signature on anything. Please explain the situation, what are the next steps? What to expect or where to go? How now to pass examination and in what terms? After all, no copies of the documents and directions for examination by the traffic police were given to us.

The military registration and enlistment office sent him to the hospital for further examination with a diagnosis of chronic calculous prostatitis.
General blood, urine, ultrasound, ECG tests were done in the hospital. Further, it was proposed to undergo a CT examination of the kidneys and a radioisotope examination of the kidneys with the use of contrast.
In this regard, I want to refuse further examinations, because. I'm worried about harm to my health from these examinations.
What is the risk of my refusing further examinations and will the above examinations (except for CT and radioisotope examination of the kidneys) be enough for a hospital diagnosis?
How can the military registration and enlistment office react to a refusal and underexamined tests? After all, to make the above diagnosis, it is not necessary to "irradiate" the kidneys once again? What is better to indicate in the column "reason for refusal of the examination" (if any)?

Do not come to school without a gynecologist

“My daughter is in 11th grade. Every year, all the girls in her class are sent in formation to see a gynecologist. Those who don't go are threatened. After each such examination, a parent meeting is held, at which the class teacher announces which of the girls in the class are no longer girls, what diagnoses the doctor made, and requires parents to “strengthen education”. Can I protect my daughter from such "care"?

Irina Polikarpova, Novosibirsk region

Julia Stibikina: Under the law, a teenager over 15 years of age has the right to make his own health decisions. No one - neither the school nor the parents - can force 17-year-old girls to go to the gynecologist. What the parent describes is a gross violation of medical ethics. Such things should be immediately reported to the prosecutor's office. A visit to a gynecologist by a girl over 15 years old can only be voluntary. The doctor has no right to disclose medical secrets even to the parents of this girl.

“My child goes to school in the fall. The educator forces me to undergo an examination with the child by a gynecologist, dentist and psychiatrist. He says that without certificates from these specialists they will not be admitted to school. Other parents say that for each examination you need to “kill” the whole day. I work for a commercial firm. Absences on personal matters during working hours are, to put it mildly, not welcome. Can I opt out of these visits? What is the relationship between a gynecologist and studies?

Margarita Mironchik, Omsk

Before entering the kindergarten, school and vocational education institutions, a gynecological examination is mandatory. Photo: AiF-Kazan / Maria Zvereva

Julia Stibikina: Can't refuse. There is an order of the Ministry of Health of the Russian Federation on the procedure for minors to undergo medical examinations. Children undergo a mandatory medical examination three times: before entering kindergarten, school and vocational education institution. Without certificates from doctors, these institutions will not accept. Examination, with the exception of a psychiatrist, can be done in commercial clinics that work on weekends. Only first you need to clarify which clinic issues certificates of the desired sample.

Consent is not asked

“The wife of the director of our company is engaged in the distribution of nutritional supplements. Every month, we are voluntarily-compulsorily given a set of dietary supplements that she sells. In this case, the cost of the set is deducted from our salary. But isn't it illegal?"

Pavel Martynov, Kemerovo

Julia Stibikina A: It's completely illegal. The employer has no right to dispose of the salary of employees. You have to go to the labor inspectorate, to the prosecutor's office. If an employer wants to take care of employees, he can give them food supplements for free. Business of employees - to take or not to take.

“I am the chief specialist in the housing and communal services department of the district administration. We are all forced to undergo medical examination. Those who passed it in good faith are encouraged - they give a vacation in the summer, a bonus for the New Year. And those who “shirk” from examinations are promised to be fired. I understand that medical examination is necessary for teachers, kindergarten teachers. But on duty I communicate only with the janitors. Why do I need this trouble?"

Afanasy Dolgodvorov, Barnaul

Photo: Shutterstock.com / All public servants are required to undergo medical examination

Julia Stibikina: You are a municipal employee. There is an order of the Ministry of Health of the Russian Federation "On the passage of medical examinations by state civil servants of the Russian Federation and municipal employees." The purpose of medical examination is to identify the presence or absence of diseases that impede the passage of public service. After all, civil servants, firstly, work with people; secondly, they work in large teams. What if you are mentally ill? Or do you have an open form of tuberculosis? Therefore, you will have to undergo a medical examination. But the methods of pressure used by your leadership are, of course, illegal.