от 29.08.1996 г. № 265-I
ONLINE TRANSLATE
Law of the Republic of Uzbekistan, от 29.08.1996 г. № 265-I
Date of entry into force
14.09.1996
Unofficial translation
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Law of the Republic of Uzbekistan
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On protecting the health of citizens
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I. General provisions
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Article 1. Legislation on the Protection of Citizensʼ Health
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The legislation on the protection of citizensʼ health consists of this Law and other acts of legislation.
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In the Republic of Karakalpakstan, legal relations in the field of the protection of citizensʼ health shall also be regulated by the legislation of the Republic of Karakalpakstan.
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Where an international treaty establishes rules other than those stipulated for in the legislation on the protection of citizensʼ health, the provisions of the international treaty shall apply.
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Article 2. Main Objectives of the Legislation on the Protection of Citizensʼ Health
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The main objectives of the legislation on the protection of citizensʼ health shall be as follows:
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to ensure the guarantees by the State of citizensʼ rights relating to health protection;
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to promote the formation of a healthy lifestyle among citizens;
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To effect legal regulation of the activities of State bodies, enterprises, institutions, organizations and public associations in the field of the protection of citizensʼ health.
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Article 3. Basic Principles of the Protection of Citizensʼ Health
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The basic principles of the protection of citizensʼ health shall be as follows:
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observance of human rights in the field of health care;
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accessibility of medical care for all strata of the population;
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priority of preventive measures;
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social protection of citizens in the event of loss of health;
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unity of medical science and practical healthcare.
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Article 4. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the Field of the Protection of Citizensʼ Health
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The Cabinet of Ministers of the Republic of Uzbekistan shall:
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ensure the protection of human rights in the field of health care;
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determine the State policy in the field of the protection of citizensʼ health;
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approve and ensure the financing of programs for the development of health care and medical science;
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manage the State health care system;
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exercise control over ensuring sanitary and epidemiological well-being;
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adopt measures to save lives and protect the health of people in emergency situations, and to inform citizens about the situation in the emergency zone and the measures being taken;
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establish a unified system of statistical recording and reporting in the field of the protection of citizensʼ health;
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approve the basic programs of medical insurance for the citizens of the Republic of Uzbekistan;
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establish benefits for certain categories of citizens in the provision of medical care and supply of medicines;
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coordinate and supervise the activities of State administration bodies and economic entities in the field of the protection of citizensʼ health, as well as in the protection of the family, motherhood and childhood;
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exercise other powers in accordance with legislation.
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Article 5. Powers of the Ministry of Health of the Republic of Uzbekistan
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The Ministry of Health of the Republic of Uzbekistan shall:
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participate in the development of the regulatory framework of health care and medical insurance, as well as in the development of national standards for the quality and scope of medical care;
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exercise control over the observance by all medical institutions of the legislation on the protection of citizensʼ health;
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implement targeted State programs in the field of the protection of citizensʼ health;
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organize the provision of primary health care to the population within the scope guaranteed by the State;
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carry out, in accordance with the established procedure, the licensing of medical and pharmaceutical activities (except for the licensing of the retail sale of medicines and medical products in the pharmaceutical sector);
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regulate the level of tariffs for medical services in institutions of the State health care system;
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carry out standardization and certification of medicines, medical products and medical equipment authorized for use in the territory of the Republic of Uzbekistan;
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exercise other powers in accordance with legislation.
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Within its powers, the Ministry of Health of the Republic of Uzbekistan shall issue normative legal acts on therapeutic and preventive measures, sanitation, epidemic control, radiation and environmental matters, which shall be binding on State bodies, enterprises, institutions, organizations, public associations and individuals throughout the territory of the Republic of Uzbekistan.
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Article 6. Powers of Local State Authorities in the Field of the Protection of Citizensʼ Health
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The competence of local State authorities shall include:
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protection of human rights in the field of health care;
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ensuring compliance with the legislation in the field of the protection of citizensʼ health;
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establishing management bodies of the health care system and developing the network of its institutions;
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organizing primary health care and medical-social assistance, ensuring universal access thereto, and providing the population within their jurisdiction with medicines and medical products;
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licensing, in accordance with the established procedure, the retail sale of medicines and medical products in the pharmaceutical sector;
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forming own sources for financing health care expenditures;
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ensuring sanitary and epidemiological well-being of citizens, and implementing preventive, sanitary-hygienic, anti-epidemic and environmental protection measures;
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protecting the environment and ensuring ecological safety;
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adopting measures to save lives and protect the health of people in emergency situations, and informing citizens about the situation in the emergency zone and the measures being taken;
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coordinating and supervising the activities of health care bodies, institutions and enterprises, and monitoring the quality of medical-social assistance provided in health care institutions;
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establishing institutions for the rehabilitation of persons with disabilities and persons in need of medical-social protection, and ensuring their functioning;
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implementing measures for the protection of the family, motherhood and childhood;
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organizing sanitary-hygienic and environmental education of citizens;
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creating conditions to encourage the development of private and other health care systems;
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exercising other powers in accordance with legislation.
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Article 7. Health Care System
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In the Republic of Uzbekistan, a unified health care system shall operate, consisting of State, private and other health care systems.
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Article 8. State Health Care System
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The State health care system shall include the Ministry of Health of the Republic of Uzbekistan, the Ministry of Health of the Republic of Karakalpakstan, regional and Tashkent city health care management bodies, and their district and city subdivisions. The State health care system shall also include curative and preventive institutions, scientific research institutions, educational organizations that train and retrain medical and pharmaceutical personnel, pharmaceutical enterprises and organizations, sanitary and preventive institutions, forensic medical examination institutions, enterprises producing medicines, medical products and medical equipment, as well as other enterprises, institutions and organizations whose primary activity is related to the protection of citizensʼ health, provided that they are State-owned and subordinate to the management bodies of the State health care system.
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The clinics of scientific research institutes, curative and preventive institutions and pharmacies established by ministries, departments, State institutions and organizations shall also form part of the State health care system.
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Curative and preventive institutions of the State health care system shall provide free medical care to the population within the scope guaranteed by the State. The scope and procedure of such free medical care shall be determined by legislation.
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Medical and other services provided in excess of the State-guaranteed scope of medical care shall be considered additional services and shall be paid for by the population in accordance with the established procedure.
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Article 9. Financing of the State Health Care System
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The sources of financing of the State health care system shall consist of:
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state budget funds;
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medical insurance funds;
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funds of targeted funds intended for the protection of citizensʼ health;
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funds received for the provision of medical assistance beyond the State-guaranteed scope and for paid services rendered by curative and preventive institutions;
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voluntary and charitable contributions of enterprises, institutions, organizations, public associations and individuals to health care institutions;
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bank loans;
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other sources not prohibited by legislation.
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Article 10. Private and Other Health Care Systems
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Private and other health care systems shall include curative and preventive institutions, pharmacies, enterprises producing medicines, medical products and medical equipment, as well as individuals engaged in pharmaceutical activities, financed from their own funds, attracted funds and other sources in accordance with legislation.
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Curative and preventive institutions belonging to private and other health care systems shall provide free medical services to certain categories of citizens. The scope, list, procedure for the provision and compensation of such services shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.
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Only preventive, diagnostic and treatment means authorized for use under legislation may be applied in private and other health care systems.
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Private and other health care systems shall keep medical documentation and submit statistical data in accordance with the established procedure.
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Article 11. Licensing of Medical and Pharmaceutical Activities
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Medical activity may be carried out by legal entities possessing the relevant license, while pharmaceutical activity may be carried out by legal entities and individuals possessing the relevant license.
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The procedure and conditions for the issuance of licenses for the conduct of medical and pharmaceutical activities shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.
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Article 12. Sanitary and Epidemiological Well-being of the Population
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The sanitary and epidemiological well-being of the population shall be ensured, in accordance with legislation, by the implementation of sanitary-hygienic and anti-epidemic measures by State bodies, enterprises, institutions, organizations, public associations and citizens.
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II. Legal protection of citizensʼ health
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Article 13. Citizensʼ Right to Health Protection
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Citizens of the Republic of Uzbekistan shall have the inalienable right to health protection.
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The State shall ensure the protection of citizensʼ health regardless of their age, sex, race, nationality, language, religion, beliefs, social origin or social status.
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The State shall guarantee that citizens are protected against discrimination irrespective of any form of illness they may have. Persons found guilty of violating this rule shall be held liable in accordance with the procedure established by law.
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Article 14. Right of Foreign Citizens and Stateless Persons to Health Protection
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The right of foreign citizens to health protection in the territory of the Republic of Uzbekistan shall be guaranteed in accordance with the international treaties of the Republic of Uzbekistan.
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Stateless persons permanently residing in the Republic of Uzbekistan shall enjoy the same rights to health protection as citizens of the Republic of Uzbekistan.
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The procedure for the provision of medical care to the persons referred to in the first and second parts of this Article shall be determined by the Ministry of Health of the Republic of Uzbekistan.
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Article 15. Citizensʼ Right to Information on Factors Affecting Health
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Citizens shall have the right to timely and accurate information on factors affecting health, including the sanitary and epidemiological well-being of their place of residence, rational nutrition standards, and the safety and compliance of goods, works and services with sanitary norms and rules.
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Article 16. Citizensʼ Right to Medical and Social Assistance
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In the event of illness, loss of working capacity or other cases, citizens shall have the right to receive medical and social assistance, which shall include preventive, diagnostic and treatment services, rehabilitation, sanatorium and resort treatment, prosthetic and orthopedic aid, and other types of assistance, as well as social measures such as payment of temporary disability benefits, and care for patients, incapacitated persons and persons with disabilities.
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Medical and social assistance shall be provided by medical personnel and other specialists.
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Citizens shall have the right to use additional medical and other services on the basis of voluntary medical insurance, as well as at the expense of enterprises, institutions and organizations, their own personal funds and other sources not prohibited by legislation.
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Certain categories of citizens shall have the right to privileged provision of prostheses, orthopedic devices, hearing aids, mobility aids and other special means. The categories of citizens entitled to such benefits, as well as the conditions and procedure for their provision, shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.
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Citizens shall have the right to undergo medical examinations in specialized health care institutions.
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Article 17. Protection of the Health of Citizens Engaged in Certain Types of Occupations
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For the purpose of protecting citizensʼ health and preventing infectious and occupational diseases, employees of productions and certain professions, the list of which shall be approved by the Ministry of Health of the Republic of Uzbekistan, shall undergo initial mandatory medical examinations upon employment and periodic medical examinations thereafter.
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Depending on their state of health, a citizen may be deemed temporarily or permanently unfit to engage in certain types of occupations or in activities involving a high degree of risk. Such a decision shall be adopted on the basis of a conclusion by medical commissions in accordance with the list of activities deemed medically unsuitable, and may be appealed in court.
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The list of occupations and activities involving a high degree of risk that are deemed medically unsuitable shall be determined by the Ministry of Health of the Republic of Uzbekistan jointly with the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and the Council of the Federation of Trade Unions of Uzbekistan, and shall be reviewed at least once every five years.
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Employers shall be responsible for ensuring the timely passage of mandatory medical examinations by their employees and for the harmful consequences caused to citizensʼ health as a result of admitting persons who have not undergone mandatory medical examinations to work.
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Article 18. Protection of Family Health
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Every citizen shall have the right, within the State health care system, to receive free consultations on family-related matters, the presence or absence of socially significant diseases and diseases dangerous to others, the medical and psychological aspects of marriage and family relations, as well as consultations and examinations on medical-genetic and other matters.
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Every family shall have the right to choose a family doctor.
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Families with children shall have the right to benefit from the privileges established by legislation in the field of health protection of citizens.
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When children under the age of three, as well as older children suffering from severe illnesses and requiring additional care according to a doctorʼs conclusion, are treated in a hospital, their father or mother or another family member directly caring for the child shall be allowed to stay with the child in the medical institution, and a certificate of incapacity for work shall be issued.
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Article 19. Rights of Minors
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The State shall ensure the right of minors to health protection by creating the most favorable conditions for their physical and moral development and for the prevention of diseases, as well as by providing medical services in preschool institutions, schools and other institutions.
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Minors shall have the following rights:
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to be under dispensary supervision and to receive treatment in pediatric and adolescent treatment-and-prophylactic institutions in accordance with the procedure established by the Ministry of Health;
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to receive sanitary and hygienic education, to study and to work under conditions corresponding to their physiological characteristics and health;
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to receive free medical consultations in determining vocational fitness at the expense of the State budget;
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to receive necessary information about their health in a accessible form.
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Minors over the age of fourteen shall have the right to give voluntary informed consent to medical intervention or to refuse it.
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Minors with physical or mental disabilities may, upon the application of their parents or legal guardians, reside in social protection institutions at the expense of the State budget, charitable funds and other foundations, as well as at the expense of parents or legal guardians.
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Parents or other persons who violate the rights and interests of minors under their care, evade their upbringing, or treat minors with cruelty to the extent that it harms their health shall be held liable in accordance with the procedure established by law.
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Article 20. Rights of Military Servicemen, Citizens Subject to Conscription for Military or Alternative Service, and Citizens Entering Military Service under Contract
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Military servicemen shall have the right to undergo a medical examination to determine their fitness for military service and to be discharged from military service before the end of their term on the basis of a conclusion of a military medical commission.
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Citizens subject to conscription for military or alternative service, or entering military service under contract, shall undergo a medical examination and shall have the right to receive full information on medical findings that entitle them to deferment from conscription or exemption from service on health grounds.
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Article 21. Rights of Citizens of Pension Age
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Citizens who have reached the age entitling them to a pension shall be provided with medical and social assistance within institutions of the State health care system.
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Medical and social assistance shall include inpatient and outpatient treatment, rehabilitation in sanatoriums and rest homes, and the provision of services to lonely elderly persons at their homes as well as in residential institutions.
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Citizens of pension age shall, on the basis of a medical conclusion, have the right to rehabilitation at the expense of social insurance funds, funds of health care authorities, and funds of enterprises, institutions, and organizations in accordance with the law.
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Article 22. Rights of Persons with Disabilities
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Disabled persons, including disabled childen and persons disabled since childhood, shall have the right to receive medical and social assistance, to benefit from all forms of rehabilitation, to be provided on preferential terms with medicines, prosthetic and orthopedic devices, mobility aids, as well as to receive vocational training and retraining.
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Persons with disabilities shall have the right to receive free medical and sanitary assistance in State health care institutions and to receive home care. Persons with disabilities who are lonely and in need of outside care, as well as persons with chronic mental disorders, shall have the right to reside in residential homes designated for persons with disabilities and elderly persons.
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The procedure for providing medical and social assistance to persons with disabilities and the list of benefits granted to them shall be established by legislation.
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Article 23. Rights of Citizens Affected by Emergency Situations
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Citizens affected by an emergency situation shall have the right to receive free medical care and treatment aimed at restoring health, as well as to benefit from hygiene measures and anti-epidemic measures aimed at eliminating the consequences of the emergency situation and reducing threats to life and health.
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During rescue operations and the provision of medical assistance in emergency situations, citizens affected shall be guaranteed free treatment, including treatment in sanatoriums and resorts, the use of all types of rehabilitation, as well as the right to receive material indemnification in accordance with the procedure established by law.
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Article 24. Rights of Patients
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A patient, when applying for and receiving medical assistance, shall have the following rights:
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to be treated with respect and compassion by medical and service personnel;
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to choose a physician and a curative and preventive institution;
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to undergo examination, treatment and care under conditions that meet sanitary and hygienic requirements;
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to request, in accordance with the procedure established by the Ministry of Health of the Republic of Uzbekistan, a consultation and opinions from other specialists;
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to the confidentiality of the fact of seeking medical assistance, the state of health, the diagnosis, and other information obtained during examination and treatment;
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to give voluntary consent to or to refuse medical intervention;
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to receive information on their rights and obligations, as well as information on their state of health, and to choose persons to whom information concerning their health may be disclosed in their interests;
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to make use of medical and other services under voluntary health insurance;
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to indemnification, in accordance with the procedure established by law, for harm caused to their health during the provision of medical assistance;
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to be represented and defended by a lawyer or other legal representative.
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If a patientʼs rights are violated, the patient or his/her legal representative may submit a complaint directly to the head of the treatment-and-prophylactic institution or another official, to a higher authority, or to a court.
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Article 25. Right of Citizens to Information on Their State of Health
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Every citizen shall have the right to receive information about his or her state of health, including the results of examinations, the nature of any illness, the diagnosis made, forecasts concerning the further course of the illness, methods of treatment and the risks associated with such methods, the anticipated types of medical intervention and their consequences, and the results of treatment provided.
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Information on a citizenʼs state of health shall be provided to the citizen personally, and in the case of persons under the age of fourteen and citizens declared legally incapable in accordance with the law, such information shall be provided to their legal representatives by the attending physician, the head of the department, or other specialists directly involved in examination and treatment.
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If an unfavorable prognosis is made, the citizen shall be informed thereof, and, provided the citizen has not prohibited the disclosure to family members and/or has not designated another person to receive such information, the family members of the patient shall also be informed in accordance with medical ethics.
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At the request of the citizen, extracts from medical documents reflecting the state of health shall be provided.
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Information contained in a citizenʼs medical documents shall constitute medical secrecy and may only be disclosed without the citizenʼs consent on the grounds provided for in part three of Article 45 of this Law.
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Article 26. Consent to Medical Intervention
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Informed voluntary consent of the citizen shall be a necessary precondition for medical intervention.
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Where the citizenʼs condition precludes the expression of his or her will and medical intervention cannot be delayed, the matter of carrying out medical intervention in the interests of the citizen shall be decided by a medical council (consilium), and if it is impossible to convene such a council, by the attending (on-duty) physician, with subsequent notification of the officials of the treatment-and-prophylactic institution.
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With respect to persons under the age of fourteen and citizens declared legally incapable in accordance with the law, consent to medical intervention shall be given by their legal representatives. In the absence of parents or other legal representatives, the decision on medical intervention shall be taken by a medical council, and, if it is impossible to convene such a council, by the attending (on-duty) physician, with subsequent notification of the officials of the treatment-and-prophylactic institution and the patientʼs legal representatives.
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Article 27. Refusal of Medical Intervention
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A citizen or his or her legal representative shall have the right to refuse medical intervention or to request its termination, except in the cases provided for by Article 28 of this Law. In such cases, the physician shall obtain a written confirmation of the refusal, and where it is impossible to obtain such confirmation, the refusal shall be certified in the presence of witnesses by means of an appropriate record.
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If a refusal of medical intervention is made by the patientʼs legal representative and such refusal may result in serious consequences for the patient, the physician shall be obliged to notify the guardianship and trusteeship authorities.
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Article 28. Provision of Medical Assistance and Preventive Immunization Without the Consent of Citizens
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Persons suffering from diseases dangerous to others may, on the grounds and in the manner established by law, be provided with medical assistance without the consent of the citizens themselves or their legal representatives (including medical examination, hospitalization, observation, and isolation).
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In the event of a threat of the spread of quarantinable and other infectious diseases dangerous to humans, preventive immunization of the population may be introduced on the basis of a decision of the Chief State Sanitary Doctor of the Republic of Uzbekistan, in accordance with the procedure established by law.
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III. Provision of medical and social assistance to citizens
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Article 29. Primary Health Care
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Primary health care provided by institutions of the State health care system and institutions of public associations shall constitute the basic, most accessible, and free type of medical service, and shall include:
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treatment of the most common diseases, injuries, poisonings, and other conditions requiring immediate medical care;
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sanitary and hygienic measures, anti-epidemic measures, and medical prevention of the most significant diseases;
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measures for the protection of the family, motherhood, and childhood, and other measures related to the provision of medical and sanitary assistance to citizens at their places of residence.
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Primary health care provided by private and other types of health care institutions shall be carried out on a contractual basis, except for certain categories of citizens entitled to such assistance under part two of Article 10 of this Law.
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The scope and procedure for the provision of primary health care shall be determined by the Ministry of Health of the Republic of Uzbekistan.
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Article 30. Emergency and Immediate Medical Care
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Citizens shall have the right to receive emergency medical care in any treatment-and-prophylactic institution of the health care system.
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Medical and pharmaceutical personnel shall be obliged to provide emergency medical care to citizens. They shall be liable under the law for refusal to provide such care and for damage caused to citizensʼ health.
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Immediate medical care shall be provided by the specialized emergency medical service of the health care system in accordance with the procedure established by the Ministry of Health of the Republic of Uzbekistan.
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In cases where the life of a citizen is at risk, medical personnel shall have the right to use any means of transportation to deliver the patient to a treatment-and-prophylactic institution.
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Employees of internal affairs bodies, fire protection services, emergency services, transport organizations, as well as other professionals, shall be obliged to provide initial emergency assistance at the scene of an incident, within the scope of their legal duties, until the arrival of medical personnel.
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Article 31. Specialized Medical Care
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Specialized medical care shall be provided to citizens suffering from diseases requiring special methods of prevention, diagnosis, treatment, and the use of complex medical technologies.
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Specialized medical care shall be provided by specialist physicians in treatment-and-prophylactic institutions.
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The types, scope, and quality standards of specialized medical care provided in health care institutions shall be determined by the Ministry of Health of the Republic of Uzbekistan.
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Article 32. Medical and Social Assistance to Citizens Suffering from Socially Significant Diseases
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Citizens suffering from socially significant diseases shall be provided with medical and social assistance in relevant treatment-and-prophylactic institutions of the State health care system, and shall be subject to continuous medical supervision.
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The list of socially significant diseases and the benefits for persons suffering from such diseases shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.
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The types and scope of medical and social assistance provided to citizens suffering from socially significant diseases shall be determined by the Ministry of Health of the Republic of Uzbekistan in cooperation with interested ministries and agencies.
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Article 33. Medical and Social Assistance to Citizens Suffering from Diseases Dangerous to Others
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Medical and social assistance to citizens suffering from diseases dangerous to others, the list of which shall be approved by the Cabinet of Ministers of the Republic of Uzbekistan, shall be provided free of charge in institutions of the State health care system designated for such purposes.
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The types and scope of medical and social assistance provided to citizens suffering from diseases dangerous to others shall be determined by the Ministry of Health of the Republic of Uzbekistan in cooperation with interested ministries and agencies.
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Article 34. Procedure for the Use of New Methods of Prevention, Diagnosis and Treatment, Pharmaceutical products, Disinfectants, and the Conduct of Biomedical Research
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In health care practice, only methods of prevention, diagnosis, and treatment, medical technologies, pharmaceutical products, and disinfectants permitted for use in accordance with the procedure established by law shall be applied.
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Methods of diagnosis and treatment and pharmaceutical products not yet permitted for use but under consideration in the prescribed manner may be applied in the interests of treating the patient only after obtaining his or her voluntary written consent, and in the case of treating persons under the age of fourteen, only if their life is directly endangered and with the written consent of their legal representatives.
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The procedure for applying such diagnostic and treatment methods and pharmaceutical products, disinfectants, including those used abroad, as referred to in part two of this Article, shall be established by the Ministry of Health of the Republic of Uzbekistan.
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Biomedical research involving human beings as subjects shall be permitted only in institutions of the State health care system, after laboratory experiments have been conducted and the written consent of the citizen has been obtained. No citizen shall be compelled to participate in biomedical research.
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When obtaining a citizenʼs consent to participate in biomedical research, he or she must be provided with information about the purpose, methods, possible consequences, potential risks, duration of the research, and expected results. A citizen shall have the right to withdraw from participation in the research at any stage.
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The promotion of methods of prevention, diagnosis, treatment, and pharmaceutical products that have not passed the prescribed testing, including their promotion in mass media, shall be prohibited. Violation of this provision shall entail liability as established by law.
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Article 35. Provision of Citizens with Pharmaceutical products and Medical Devices
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The categories of citizens entitled to be provided with pharmaceutical products and individual-use medical devices on preferential terms shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan. Physicians of the State health care system shall have the right to issue prescriptions for the preferential provision of pharmaceutical products to citizens.
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IV. Medical examination
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Article 36. Examination of Temporary Incapacity for Work
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The examination of temporary incapacity for work of citizens due to illness, injury, pregnancy, childbirth, care for a sick family member, prosthetics, treatment in sanatorium-resort institutions, and in other cases shall be carried out in accordance with the procedure established by law.
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The examination of temporary incapacity for work shall be conducted by physicians of the State health care system, who shall issue certificates of incapacity for work to citizens. For citizens treated in private and other health care systems, certificates of incapacity for work shall be issued in accordance with the procedure established by the Ministry of Health of the Republic of Uzbekistan.
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During the examination of temporary incapacity for work, the necessity and duration of transferring an employee temporarily or permanently to another job shall be determined, and a decision may also be made, in the prescribed manner, including in cases where signs of disability are present, to refer the citizen to a medical-social expert commission.
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Article 37. Medical-Social Examination
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A medical-social examination is the determination, on the basis of a comprehensive assessment of the clinical-functional, social, occupational-labor, and psychological data of the person examined, of the degree of health loss and limitation of life activity caused by persistent dysfunction of the body, the group of disability, the cause and time of onset of disability, as well as the provision of recommendations regarding types of employment and working conditions permissible for the person according to his or her state of health, the need for care by others, appropriate types of sanatorium-resort treatment, and social protection.
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The organization and procedure for conducting medical-social examinations shall be established by legislation.
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A citizen or his/her legal representative may appeal to a court against the conclusion of the institution that conducted the medical-social examination.
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Article 38. Military-Medical Examination
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The military-medical examination shall determine the fitness or unfitness for military service, from a health perspective, of citizens subject to conscription for military or alternative service, entering military service under contract, those in the reserve of the Armed Forces of the Republic of Uzbekistan, the internal affairs bodies, the State Security Service, the State Security Service of the President of the Republic of Uzbekistan, as well as of servicemen. It shall also determine whether illness, injury, or wounds are related to military service (including military training), and establish the types, scope, and duration of medical-social assistance and rehabilitation for servicemen.
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The organization and procedure for conducting military-medical examinations, as well as the health requirements for citizens subject to conscription, entering military service under contract, and servicemen, shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.
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The conclusions of a military-medical examination shall be mandatory for execution by officials. A citizen or his/her legal representative may appeal to a court against the conclusion of the institution that conducted the military-medical examination.
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Article 39. Forensic-Medical and Forensic-Psychiatric Examinations
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Forensic-medical examinations shall be conducted in medical institutions of the State health care system by an expert, and in the absence of such an expert — by a physician engaged to conduct the examination, on the basis of a decision of an official of the pre-investigation authority, an investigator, an inquirer, a prosecutor, or a ruling of a court.
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Forensic-psychiatric examinations shall be conducted in specialized institutions of the State health care system.
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The organization and procedure for conducting forensic-medical and forensic-psychiatric examinations shall be established by legislation.
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A citizen or his/her legal representative may appeal to a court against the conclusions of the institutions that conducted forensic-medical and forensic-psychiatric examinations.
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Article 40. Conducting Pathological-Anatomical Studies and Determining the Time of Death
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Pathological-anatomical studies shall be carried out in health care institutions during life and after death for the purposes of diagnosis (biopsy and autopsy), as well as for verifying the correctness of diagnosis and treatment in clinical settings, and for obtaining reliable information about the causes of death.
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The procedure for conducting pathological-anatomical studies and determining the time of death shall be established by the Ministry of Health of the Republic of Uzbekistan.
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V. Medical and pharmaceutical personnel
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Article 41. Right to Engage in Medical and Pharmaceutical Activity
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In the Republic of Uzbekistan, the right to engage in medical and pharmaceutical activity belongs to persons who have received a diploma certifying graduation from a higher or secondary specialized medical educational institution.
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Persons without medical education may also engage in medical activity using methods of folk medicine on the basis of a conclusion of a special commission on licensing the provision of medical services using methods of folk medicine under the Ministry of Health of the Republic of Uzbekistan.
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Persons who have obtained diplomas in medicine or pharmacy abroad may engage in medical or pharmaceutical activity in accordance with the procedure established by the Cabinet of Ministers of the Republic of Uzbekistan.
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Medical and pharmaceutical workers who have not practiced their profession for more than three years may resume relevant activities only after retraining at educational institutions or after certification by the certification commissions of the Ministry of Health of the Republic of Uzbekistan.
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Persons with incomplete higher education in medicine or pharmacy may be permitted to engage in medical or pharmaceutical activity in positions for which secondary medical education is required, in accordance with the procedure established by the Ministry of Health of the Republic of Uzbekistan.
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Students of higher and secondary specialized medical educational institutions may participate in providing medical assistance to citizens in accordance with educational programs, under the supervision of medical personnel, and in the manner determined by the Ministry of Health of the Republic of Uzbekistan.
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Persons who unlawfully engage in medical and pharmaceutical activity shall bear liability in accordance with the law.
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Article 43. Professional Medical and Pharmaceutical Associations
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Medical and pharmaceutical workers shall have the right to establish, on a voluntary basis, professional associations and other public associations for the protection of their rights, the development of medical and pharmaceutical practice, assistance in scientific research, and resolution of other issues related to their professional activity.
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Professional medical and pharmaceutical associations and other public associations shall carry out their activities on the basis of their statutes and in accordance with the law.
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VI. Final provisions
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Article 44. Oath of the Physician of the Republic of Uzbekistan
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Persons receiving a physicianʼs diploma shall take the following oath:
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"Upon receiving the high title of physician and entering the practice of medicine:
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I pledge to devote all my knowledge and skill to treating patients and protecting human health;
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To provide medical assistance to every patient, regardless of age, sex, race, nationality, language, religion, belief, social origin or social status, sparing neither my strength nor my time;
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To place the health of the patient above my personal interests, to be modest and honest, and to continually improve my knowledge and skills;
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To preserve medical confidentiality;
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To always show compassion and inspire hope for healing;
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To continue the glorious traditions of great physicians such as Hippocrates and Abu Ali ibn Sina.
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I solemnly swear to remain faithful to this oath until the end of my life."
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Physicians shall bear liability under the law for violating the oath.
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Article 45. Medical Confidentiality
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The fact that a citizen has applied for medical assistance, information about his/her state of health, diagnosis, and other information obtained during examination and treatment shall constitute medical confidentiality.
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Persons who become aware of information constituting medical confidentiality in the course of study, professional, service, or other duties may not disclose it without the consent of the citizen or his/her legal representative, except in the cases specified in the third part of this Article.
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Disclosure of information constituting medical confidentiality without the consent of the citizen or his/her legal representative shall be permitted in the following cases:
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for the purpose of examination and treatment of a citizen who, due to the severity of his/her condition, cannot express his/her will;
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when there is a threat of the spread of infectious diseases, mass poisoning, or harmful exposure;
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upon request of pre-investigation bodies, inquiry or investigation bodies, the prosecutorʼs office, or the court in connection with pre-trial or judicial proceedings;
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when medical assistance is provided to a minor under fourteen years of age, in order to inform his/her parents or legal representatives;
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when there are grounds to suspect that harm to the citizenʼs health has been caused by unlawful acts or accidents.
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Persons to whom information constituting medical confidentiality has been lawfully provided shall bear liability, equal to that of medical and pharmaceutical workers, for its disclosure.
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Article 46. Compensation for Damage to Citizensʼ Health
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In cases where damage is caused to citizensʼ health, the guilty parties must indemnify for the harm suffered by the victims in the amount and manner prescribed by law.
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Expenses for providing medical assistance to citizens injured as a result of unlawful acts shall be recovered from the individuals and legal entities responsible for causing damage to their health.
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Where the life and health of citizens are harmed due to the failure of medical and pharmaceutical workers to perform their professional duties with due qualification, the harm shall be compensated in accordance with the procedure established by law.
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Compensation for harm shall not release medical and pharmaceutical workers from disciplinary, administrative, or criminal liability in accordance with the law.
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Article 47. Right of Citizens to Appeal Actions of State Bodies and Officials that Infringe Rights and Freedoms in the Sphere of Health Protection against
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Citizens may appeal to higher state bodies or to the court actions of state bodies and officials that infringe upon the rights and freedoms of citizens established by this Law.
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President of the Republic of Uzbekistan I. KARIMOV
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Tashkent,
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August 29, 1996,
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No. 265-I