Unofficial translation
In accordance with subparagraph 73) of Article 7 of the Code of the Republic of Kazakhstan “On people’s health and the healthcare system”, with subparagraph 2) of Article 12 of the Law of the Republic of Kazakhstan “On Road Traffic” and paragraph 1 of Article 10 of the Law of the Republic of Kazakhstan “On Public Services”, I ORDER:
Footnote. Preamble - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 18.10.2022 № KR DSM-117 (shall be enforced ten calendar days after the day of its first official publication).1. That the Rules for Medical Examination of Persons Applying for the Right to Operate Vehicles, Medical Re-examination of Drivers of Motor Vehicles according to Annex 1 hereto shall be approved.
2. That certain orders of the Minister of Healthcare of the Republic of Kazakhstan shall be deemed to have lost force in compliance with Annex 2 hereto.
3. That in obedience to the legislation of the Republic of Kazakhstan, the Department of Organization of Medical Care of the Ministry of Healthcare of the Republic of Kazakhstan shall ensure:
1) state registration hereof with the Ministry of Justice of the Republic of Kazakhstan;
2) placement hereof on the website of the Ministry of Health of the Republic of Kazakhstan after its official publication;
3) within ten working days after the state registration hereof, submit to the Legal Department of the Ministry of Health of the Republic of Kazakhstan information on the implementation of the measures stipulated in sub-paragraphs 1) and 2) of this paragraph.
4. That the supervising Vice-Minister of Health of the Republic of Kazakhstan shall be charged with control over execution hereof.
5. That this order shall be put into effect ten calendar days after the date of its first official publication.
|
Acting Minister of Healthcare of the Republic of Kazakhstan |
A. Giniyat |
AGREED BY
Ministry of Digital Development,
Innovation and Aerospace Industry
of the Republic of Kazakhstan
AGREED BY
Ministry of Internal Affairs
of the Republic of Kazakhstan
| Annex 1 to order of the Acting Minister of Healthcare of the Republic of Kazakhstan № KR DSM-172/2020 dated October 30, 2020 |
Rules
for Medical Examination of Persons Applying for the Right to Operate Vehicles, Medical Re-Examination of Drivers of Motor Vehicles
Chapter 1. General provisions
1. These Rules for conducting a medical examination of persons applying for the right to drive vehicles, repeated medical examination of the driver of motor vehicles (hereinafter referred to as the Rules) were developed in accordance with subparagraph 73) of Article 7 of the Code of the Republic of Kazakhstan “On people’s health and the healthcare system”, subparagraph 2) of Article 12 of the Law of the Republic of Kazakhstan “On Road Traffic” and paragraph 1 of Article 10 of the Law of the Republic of Kazakhstan “On Public Services”.
Footnote. Paragraph 1 - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 18.10.2022 № KR DSM-117 (shall be enforced ten calendar days after the day of its first official publication).2. These Rules shall determine the procedure for medical examination of persons applying for the right to drive motor vehicles (hereinafter - medical examination), as well as medical re-examination of the driver of motor vehicles (hereinafter - medical re-examination of the driver).
3. Medical examination of persons applying for the right to drive motor vehicles (hereinafter referred to as "Applicants") shall be carried out in medical health care organisations licensed to carry out medical activities of professional aptitude testing (hereinafter referred to as "healthcare organisations").
Chapter 2: Procedures for medical examinations of persons applying for the right to drive vehicles
Section 1. Procedures for medical examinations.
4. In order to carry out a medical examination of the Applicants, a Medical Commission (hereinafter referred to as the Commission) shall be established in medical organisations.
5. The composition of the Commission is approved by the head of the medical organization. The commission includes: a local doctor or general practitioner, a psychiatrist, an ophthalmologist and an otolaryngologist. If there are no specified specialists on the staff of the medical commission, specialists of the relevant profile are included in the commission in agreement with the heads of medical organizations.
The deputy head of the medical organization for clinical work is appointed as the chairman of the Commission.
Footnote. Paragraph 5 - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 07.12.2021 № KR DSM-125 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).6. Medical examination of Applicants includes examination by a therapist, specialists specified in paragraph 5 of these Rules, and examination for the use of psychoactive substances.
Footnote. Paragraph 6 - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 11.05.2021 № KR DSM -38 (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).7. The data of the medical examination of Applicants shall be recorded in an outpatient medical card in the form approved in accordance with Article 7 (31) of the Code, which shall reflect data on the state of health.
8. The issue of admission of persons to drive a vehicle who are (or are not) registered with an organization providing medical care in the field of mental health and persons with the presence of psychoactive substance metabolic products in their bodies based on the results of the study is resolved by the medical advisory commissions of organizations providing medical care in the field of mental health with a mandatory indication of the period for repeated medical examination, no less than after one year.
Footnote. Paragraph 8 - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 07.12.2021 № KR DSM-125 (shall be enforced ten calendar days after the day of its first official publication).9. Each specialist shall submit the conclusion on the Applicants’ fitness for driving individually.
10. Persons declared fit to drive shall be issued a certificate. Persons declared fit to drive with glasses shall be issued a certificate with a note after the word "Medical Statement": "Glasses are Сompulsory".
Paragraph 2: Procedures for medical re-examinations
11. Repeated medical examination shall be carried out for the following cohort of persons:
1) drivers of motor vehicles transporting passengers, dangerous goods;
2) drivers of motor vehicles who have reached sixty-five years of age;
3) drivers with disabilities;
4) persons deprived of the right to operate motor vehicles for operating them in a state of intoxication or for giving over the right to operate a motor vehicle to a person in such a state or for evading from medical examination to find out whether the driver is intoxicated.
12. The time limit for drivers to undergo a medical re-examination shall be stipulated by paragraph 5 of Article 29 of the Law of the Republic of Kazakhstan “On the Road Traffic”.
Chapter 3: Procedure for issuing a certificate allowing to operate a transport vehicle"
13. The public service “Issuance of a Certificate Allowing to Operate a Vehicle” shall be rendered by the service provider.
14. The list of basic requirements for the provision of the public service “Issue of a certificate of admission to drive a vehicle”, including characteristics of the process, form, content and result of provision, as well as other information taking into account the specifics of the provision of public service, is given in the List of basic requirements for the provision of public service “Issue of a certificate of permission to drive a vehicle” in accordance with Appendix 1 to these Rules.
Footnote. Paragraph 14 - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 18.10.2022 № KR DSM-117 (shall be enforced ten calendar days after the day of its first official publication).15. Acceptance of documents and issuance of the results of the provision of a public service is carried out through the service provider (medical organizations) or through the web portal of the "Electronic Government" (hereinafter referred to as the portal).
When submitting an application in electronic form, the service provider receives information about the identity document from the digital document service (for identification) through the implemented integration, subject to the consent of the owner of the document provided through the user's mobile subscriber number registered on the e-government web portal by transferring one-time password or sending a short text message as a response to the notification of the e-government web portal.
To receive public services in electronic format, the service recipient forms a request for public services on the portal, signed with an electronic digital signature (hereinafter referred to as EDS). The service provider sends the result of the provision of public service to the service recipient’s "Personal account" in the form of an electronic document.
When the service recipient submits all the necessary documents, a notification is sent to the “personal account” about setting the date for issuing the result of the provision of the public service in the form of an electronic document signed by the EDS of the authorized person of the service provider or a reasoned response to refuse to provide the public service in the form of an electronic document.
In cases where the service recipient submits an incomplete package of documents in accordance with the list provided for in paragraph 8 of the standards for provision of public service, and (or) expired documents, inaccurate information, the service provider refuses to provide public services in the form of a reasoned refusal, on the grounds provided for in paragraph 9 of the standard for the provision of public service.
Footnote. Paragraph 15 - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 11.05.2021 № ҚР ДСМ -38 (shall be enforced ten calendar days after the day of its first official publication); as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 07.12.2021 № ҚР ДСМ -125 (shall be enforced ten calendar days after the day of its first official publication).15-1. Cross-border transfer of personal medical data to the territory of foreign states is carried out with the consent of the service recipient in the form in accordance with Appendix 2 to these Rules, with the exception of cases provided for in Article 16 of the Law of the Republic of Kazakhstan “On personal data and their protection”.
Footnote. The Rules are supplemented by paragraph 15-1 in accordance with the order of the Minister of Health of the Republic of Kazakhstan dated 18.10.2022 № KR DSM-117 (shall be enforced ten calendar days after the day of its first official publication).16. The grounds for refusal to provide public services are:
1) establishing the unreliability of the documents submitted by the service recipient for the receipt of the public service, and (or) the data (information) contained in them;
2) provision by the service recipient of an incomplete package of documents in accordance with the list provided for in paragraph 8 of this public service standard, and (or) expired documents;
3) a negative result of a medical examination in accordance with the Rules.
Refusal to provide a public service is executed by a letter signed by the head of the service provider or a person performing his/her duties, indicating the grounds for the refusal.
Footnote. Paragraph 16 - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 11.05.2021 № ҚР ДСМ -38 (shall be enforced ten calendar days after the day of its first official publication).17. The Service Provider shall ensure entering of data on the stage of rendering a public service into the information system for monitoring the provision of public services in conformity with the procedure established by the authorized body in the field of informatization.
18. The addresses of places of public service delivery shall be available on the internet resources of the Public Health Office of the city of Nur-Sultan, the Public Health Office of Almaty, of Turkestan Oblast, Public Health Office of Regions, of Shymkent city, as well as on the internet resources of healthcare organisations providing primary health care.
Chapter 4. Procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on provision of a public service
Footnote. Chapter 4 - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 07.12.2021 № ҚР ДСМ-125 (shall be enforced ten calendar days after the day of its first official publication).
19. A complaint against decisions, actions (inaction) of the service provider and (or) their employees on provision of public services is filed in the name of the head of the service provider.
20. The complaint of the service recipient received by the service provider directly providing the public service, in accordance with paragraph 2 of Article 25 of the Law "On Public Services" is subject to consideration within five working days from the date of its registration.
21. The complaint of the service recipient received by the authorized body for assessment and control over the quality of provision of public services is subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the procedure for appealing can be obtained by calling the single contact center for provision of public services.
Pre-trial consideration of a complaint on the provision of public services is carried out by a higher administrative body, an authorized body for assessment and control over the quality of public services (hereinafter referred to as the body considering the complaint).
The complaint is submitted to the service provider, whose decision, action (inaction) is being appealed.
The service provider, whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, sends it and the administrative file to the body considering the complaint.
At the same time, the service provider, whose decision, action (inaction) is being appealed, has the right not to send a complaint to the body considering the complaint if it makes a decision or other administrative action within three working days that fully meets the requirements specified in the complaint.
Unless otherwise provided by law, the appeal to the court is allowed after an appeal in the pre-trial procedure.
| Annex 1 to the Rules for conducting a medical examination of persons applying for the right to drive vehicles, repeated medical examination of a driver of motor vehicles |
List of basic requirements for provision of public service
“Issue of a certificate of permission to drive a vehicle”
Footnote. Annex - as amended by the order of the Minister of Health of the Republic of Kazakhstan dated 18.10.2022 № KR DSM-117 (shall be enforced ten calendar days after the day of its first official publication).
Public service “Issue of a certificate of permission to drive a vehicle” | ||
1 | Name of service provider | Medical organizations (hereinafter referred to as the service provider) |
2 | Methods of providing public service |
1) service provider |
3 | Term of provision of public service |
1) service provider; |
4 | Form of provision of public service | Electronic (partially automated)/paper |
5 | Result of provision of public service | Medical certificate (medical professional advisory opinion), issued according to form № 073/u, approved by the order of the acting Minister of Health of the Republic of Kazakhstan dated 30.10.2020 № KR DSM-175/2020 “On approval of forms of accounting documentation in the field of healthcare” (registered in the Register of state registration of regulatory legal acts under № 21579) or a reasoned response about the refusal to provide public service on the grounds specified in paragraph 9 of this List of basic requirements for provision of the public service “Issue of a certificate of permission to drive a vehicle” |
6 | The amount of payment collected from the service recipient when providing a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan |
On a paid basis, the cost of providing public service is determined in accordance with Article 202 of the Code; |
7 | Work schedule of the service provider and information objects |
1) service provider - from Monday to Friday from 9-00 to 18-30 without a break for lunch, on Saturday from 9-00 to 13-00, closed on Sundays and holidays, in accordance with the labor legislation of the Republic of Kazakhstan; |
8 | List of documents and information required from the service recipient for the provision of public service |
1) to the service provider: |
9 | Grounds for refusal to provide public service established by the legislation of the Republic of Kazakhstan |
1) establishing the unreliability of the documents submitted by the service recipient to receive a public service, and (or) the data (information) contained therein; |
10 | Other requirements taking into account the specifics of the provision of public service |
The service recipient has the opportunity to receive public service in electronic form through the portal, subject to the availability of an electronic signature. |
| Annex 2 to the Rules for conducting a medical examination of persons applying for the right to drive vehicles, repeated medical examination of a driver of motor vehicles |
Consent of the service recipient for cross-border transfer of personal medical data
Footnote. The rules are supplemented by Appendix 2 in accordance with the order of the Minister of Health of the Republic of Kazakhstan dated 18.10.2022 № KR DSM-117 (shall be enforced ten calendar days after the day of its first official publication).
I ______________________________________________last name, first name, patronymic (if any) give consent to access personal data of limited access in accordance with paragraph 15-1 of the order of the acting Minister of Health of the Republic of Kazakhstan dated 30.10.2020 № KR DSM-172/2020 “On approval of the Rules for conducting a medical examination of persons applying for the right to drive vehicles, repeated medical examination of driver of motor vehicles" (registered in the Register of state registration of regulatory legal acts under № 21557), which are required for the provision of public service in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection", including the following:
1) transfer of personal data to third parties;
2) cross-border transfer of personal data in the process of their processing;
3) dissemination of personal data in publicly available sources.
I agree to access to personal data of limited access, which includes other information that is required to confirm the accuracy of the documents provided.
This consent is valid for the entire period until the result of the provision of public service is received.
Signature _____________________________ last name, first name, patronymic (if any)
"___" _______________ 20 ___
| Annex 2 to the order |
List of certain repealed legal acts in the field of health
1) Order of the Minister of Healthcare of the Republic of Kazakhstan № 166 of March 20, 2013 "On Approval of the Rules for Medical Inspections of Persons Applying for the Right to Drive Vehicles" (registered with the Register of State Registration of Regulatory Legal Acts under № 8437, published on December 20, 2013 in the newspaper "Yurydychna Gazeta" № 190 (2565));
2) Order of the Minister of Healthcare of the Republic of Kazakhstan № 350 of June 26, 2014 "On Amendments to Order of the Minister of Healthcare of the Republic of Kazakhstan № 166 of March 20, 2013 "On Approval of the Rules for Medical Inspections of Persons Applying for the Right to Drive Vehicles" (registered with the Register of State Registration of Regulatory Legal Acts under № 9619, published on August 6, 2014 in Adilet, the information and legal system);
3) sub-paragraph 1) of paragraph 1 of Order № KP DSM -106 of the Minister of Healthcare of the Republic of Kazakhstan of July 19, 2019 "On Amending Certain Orders of the Ministry of Healthcare of the Republic of Kazakhstan" (registered with the Register of State Registration of Regulatory Legal Acts under № 19072, published on July 31, 2019 in the Reference Data Bank of Regulatory Legal Acts).
