Unofficial translation
In accordance with paragraph 2 of Article 89 of the Code of the Republic of Kazakhstan dated July 7, 2020 "On people's health and health care system" and paragraph 1 of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" I HEREBY ORDER:
1. To approve the Rules for examination of temporary incapacity for work, as well as the issuance of a sheet or certificate of temporary incapacity for work in accordance with Appendix 1 to this order.
2. To recognize as invalid some orders of the Ministry of Health of the Republic of Kazakhstan in accordance with Appendix 2 to this order.
3. The Department of Medical Aid Organization of the Ministry of Health of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) posting this order on the Internet resource of the Ministry of Health of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission of information to the Legal Department of the Ministry of Health of the Republic of Kazakhstan on implementation of the measures provided for in subparagraphs 1) and 2).
4. Supervising vice minister of health of the Republic of Kazakhstan is authorized to control execution of this order.
5. This order comes into effect upon the expiration of ten calendar days after the day of its first official publication.
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Minister of health of the Republic of Kazakhstan |
A. Tsoi |
| Appendix 1 to the order of the Minister of health of the Republic of Kazakhstan dated November 18, 2020 № ҚР ДСМ-198/2020 |
Rules for examination of temporary incapacity for work, as well as issuance of a sheet or certificate of temporary incapacity for work
Chapter 1. General provisions
1. These Rules for examination of temporary incapacity for work, as well as the issuance of a sheet or certificate of temporary incapacity for work (hereinafter - the Rules) are developed in accordance with paragraph 2 of Article 89 of the Code of the Republic of Kazakhstan dated July 7, 2020 "On people’s health and health care system" (hereinafter - Code) and paragraph 1 of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and determine the procedure for examination of temporary incapacity for work, issuance by medical organizations of documents certifying temporary incapacity for work.
2. The following concepts shall be used in these Rules:
1) the authorized body in the field of healthcare (hereinafter refers to as the Authorized body) - the central executive body exercising both management and cross-sectoral coordination in the field of protecting the health of citizens of the Republic of Kazakhstan, medical and pharmaceutical science, medical and pharmaceutical education, sanitary and epidemiological welfare of the population, circulation of medicines and medical devices, the quality of medical services (assistance);
2) sheet of temporary disability - a document certifying the temporary disability of persons and confirming the right to temporary release from work and receiving temporary disability benefits;
3) certificate of temporary disability - a document certifying the fact of incapacity for work, which shall be the basis for release from work (study) without receiving benefits;
4) service recipient - individuals and legal entities, except for central state bodies, foreign missions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, towns, villages, rural districts;
5) service provider - central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, cities of district significance, towns, villages, rural districts, as well as physical and legal persons providing public services in accordance with the legislation of the Republic of Kazakhstan;
6) public service - one of the forms of implementation of certain state functions, carried out individually at the request or without the request of service recipients and aimed at realizing their rights, freedoms and legitimate interests, providing them with appropriate material or intangible benefits;
7) public service standard - a list of basic requirements for the provision of public service, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of the public service;
8) digital document service - an object of the information and communication infrastructure of "electronic government", assigned to the operator and intended for the creation, storage and use of electronic documents to implement state functions and the state services arising from them, as well as in interaction with individuals and legal entities, receiving and providing services in electronic form.
Footnote. Paragraph 2 - as amended by the order of the Minister of Healthcare of the Republic of Kazakhstan dated December 7, 2021, No. ҚР ДСМ-125 (shall come into effect ten calendar days after the day of its first official publication).Chapter 2. Procedure for examination of temporary incapacity for work, issuance of a sheet or certificate of temporary incapacity for work
3. Examination of temporary incapacity for work is carried out in medical organizations carrying out medical activities in accordance with the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications" (hereinafter - the Law).
4. Examination of temporary incapacity for work, issuance of a sheet or certificate of temporary incapacity for work is carried out by:
1) doctors of public and private medical organizations, as well as those involved in private medical practice (hereinafter referred to as healthcare subjects) if they have a license to carry out medical activities, including an examination of temporary incapacity for work issued in accordance with the Law;
2) medical specialists with secondary medical education of primary health care organizations (hereinafter - PHC) of state ownership with independent admission of patients and self-service of primary calls at home.
3) a medical advisory commission of a medical organization (hereinafter - MAC).
5. When conducting an examination of temporary incapacity for work, a medical specialist (doctor, paramedical employee):
1) establishes signs of temporary incapacity for work based on an assessment of the state of health, the nature and conditions of work, social factors;
2) determines the terms of temporary incapacity for work in accordance with these Rules;
3) issues a sheet or certificate of temporary incapacity for work and assigns the date of the next visit to the doctor, fixing it in the primary medical documentation; 4) in a timely manner sends the patient for consultation to the MAC and medical and social expert examination (hereinafter - MSEE).
Paragraph 1. Procedure for issuance of a sheet or certificate of temporary incapacity for work
6. To receive public services "Issuance of a sheet of temporary disability" or "Issuance of a certificate of temporary disability", individuals (service recipient) shall apply to the healthcare provider (service provider) with the provision of an identity document or an electronic document from the digital document service (for identification).
The service provider shall provide the patient with the public services "Issuance of a sheet of temporary disability" or "Issuance of a certificate of temporary disability" when applying independently or through the web portal of the "Electronic Government" (hereinafter referred to as the Portal).
The list of basic requirements for the provision of the public service "Issuance of a temporary disability certificate", including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of the public service, is given in the public service standard in accordance with Annex 1 to these Rules.
When applying an electronic form, information about the identity document, the service provider shall receive 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 by sending a short text message as a response to the notification of the e-government web portal.
The term for the provision of public service when applying independently to the service provider or through the portal is from the moment of submission of an identity document or an electronic document from the digital document service, no more than 30 (thirty) minutes.
To receive a public service in an electronic format, the service recipient forms a request for receiving a public service on the portal, signed with an EDS. The result of the provision of public services, the service provider sends to the service recipient in the "Personal Account" in the form of an electronic document.
The result of the public service is a sheet of temporary disability in the form, in accordance with Annex 2 to these Rules, or a reasoned response to the refusal to provide public services.
The provider shall ensure that data on the stage of provision of public services is entered into the information system for monitoring the provision of public services in the manner established by the authorized body in the field of informatization in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan "On Public Services".
Footnote. Paragraph 6 - as amended by the order of the Minister of Healthcare of the Republic of Kazakhstan dated December 7, 2021, No. ҚР ДСМ-125 (shall come into effect ten calendar days after the day of its first official publication).7. A sheet of temporary incapacity for work is issued for:
1) acute or exacerbation of chronic diseases;
2) injuries and poisoning associated with temporary incapacity for work;
3) artificial termination of pregnancy;
4) caring for a sick child;
5) pregnancy and childbirth;
6) adoption (adoption) of a newborn child (children);
7) aftercare in sanatorium-resort organizations;
8) quarantine;
9) orthopedic prosthetics.
8. A certificate of temporary incapacity for work in the form of primary medical documentation of healthcare organizations approved by the authorized body in accordance with subparagraph 31) of Article 7 of the Code is issued for:
1) acute or exacerbation of chronic diseases, injuries and poisoning to persons studying in educational institutions;
2) injuries sustained in a state of alcoholic or drug intoxication, as well as in acute alcohol or drug intoxication;
3) treatment of chronic alcoholism, drug addiction, not complicated by other disorders and diseases;
4) caring for a sick child;
5) undergoing examination in consultative and diagnostic organizations for a period of invasive examination methods;
6) artificial termination of pregnancy;
7) pregnancy and childbirth to persons studying in educational institutions;
8) adoption (adoption) of a newborn child (children);
9) aftercare in sanatorium-resort organizations;
10) quarantine;
11) orthopedic prosthetics;
12) if there are signs of incapacity for work until the end of the shift (issued by medical specialists of medical centers of enterprises and organizations).
The list of basic requirements for provision of the public service "Issuance of a certificate of temporary incapacity for work", including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, is given in the public service standard in accordance with Appendix 3 to these Rules.
When applying electronic form, information about the identity document, the service provider receives 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 phone 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.
The term for provision of public services when you independently contact the service provider or through the portal - from the moment the document is submitted, no more than 30 (thirty) minutes.
To receive a public service in electronic format, the service recipient generates a request for a public service on the portal, signed by an EDS. The service provider sends the result of the provision of public services to the "Personal Account" of the service recipient in the form of an electronic document.
The result of a public service is a certificate of temporary incapacity for work or a reasoned response to refuse to provide a public service.
The service provider ensures that data on the stage of rendering a public service are entered into the information system for monitoring the provision of public services in the manner prescribed by the authorized body in the field of informatization.
Footnote. Paragraph 8 as amended by the order of the Minister of Healthcare of the Republic of Kazakhstan dated December 7, 2021, No. ҚР ДСМ-125 (shall come into effect ten calendar days after the day of its first official publication).9. A sheet of temporary disability in the cases specified in paragraph 7 of these Rules shall be issued to citizens of the Republic of Kazakhstan, kandas, foreigners, stateless persons permanently residing in the territory of the Republic of Kazakhstan, working and studying in educational organizations for the period of their enrollment as paid workers places during the period of work experience.
Footnote. Paragraph 9 - as amended by the order of the Minister of Healthcare of the Republic of Kazakhstan dated December 7, 2021, No. ҚР ДСМ-125 (shall come into effect ten calendar days after the day of its first official publication).10. Issuance and extension of a sheet or certificate of temporary incapacity for work is carried out by a medical specialist after examining a person and recording data on his health condition in the medical record of an outpatient (inpatient) patient, justifying the need for temporary release from work.
11. A sheet of temporary incapacity for work is not issued:
1) to those, undergoing medical examination, medical examination or treatment by the referral of the military command;
2) to those in custody or administrative arrest;
3) to persons with chronic diseases without exacerbation (deterioration), undergoing examination, taking various procedures and manipulations in the outpatient conditions;
4) to those who applied for medical help to a medical organization, if they did not show signs of temporary incapacity for work.
In these cases, the patient is issued an extract from the medical record of an outpatient (inpatient) patient.
12. The following medical organizations do not issue sheets of temporary incapacity for work:
1) organizations operating in the field of blood services; 2) organizations operating in the field of forensic medicine;
3) trauma centers and admission departments of medical organizations providing inpatient care;
4) sanatorium-resort organizations;
5) organizations of disaster medicine;
6) organizations operating in the field of promoting a healthy lifestyle and healthy eating;
7) medical and physical education dispensaries;
8) organizations carrying out activities in the field of sanitary and epidemiological welfare of the population; 9) the organization of emergency medical care.
13. A sheet or certificate of temporary incapacity for work is issued from the date of establishment of temporary incapacity for work, including holidays and days off, for the entire period until restoration of the ability to work.
14. A sheet or certificate of temporary incapacity for work is not issued for the past days when the person has not been examined by a medical specialist, except for the cases specified in paragraph 26 of these Rules.
Paragraph 2. Issuance of a sheet or certificate of temporary incapacity for work in case of acute or exacerbation of chronic diseases, injuries and poisoning
15. In case of acute or exacerbation of chronic diseases and injuries, the doctor issues a sheet or certificate of temporary incapacity for work for three calendar days (on the basis of the order of the head of a medical organization during the period of increased incidence of influenza, ARVI - up to six calendar days) and with a total duration no more than six calendar days.
The extension of the sheet or certificate of temporary incapacity for work for more than six calendar days is carried out jointly with the head of the department of a medical organization for a total duration of no more than twenty calendar days.
The extension of the sheet of temporary incapacity for work over twenty calendar days is carried out at the conclusion of the MAC.
In medical organizations where one doctor works, a sheet or certificate of temporary incapacity for work is issued and extended solely by the doctor for the entire period of incapacity for work with the advice of a profile specialist.
Individuals engaged in private medical practice, issue a sheet or certificate of temporary incapacity for work for a period of not more than six calendar days.
Medical specialists with secondary medical education specified in subparagraph 2) of paragraph 11 of these Rules issue a sheet or certificate of temporary incapacity for work for a period of not more than three calendar days. The extension of the sheet or certificate of temporary incapacity for work for more than three days is carried out by the district doctor.
Paramedics in rural areas, in the absence of a doctor, on the basis of an order from the head of a medical organization during a period of increased incidence of influenza, ARVI, issue a sheet or certificate of temporary incapacity for work for a period with a total duration of no more than six calendar days.
16. A sheet of temporary incapacity for work is issued for a period of not more than sixty calendar days, with the exception of pregnancy and childbirth, as well as diseases defined by the List of diseases for which a period of temporary incapacity for work is established for more than two months in accordance with paragraph 2 of Article 89 of the Code.
If, according to the conclusion of the MAC, there are no grounds for sending a person to the MSEE in order to establish disability, but the working conditions of persons worsen the clinical course and prognosis of the disease, a conclusion of the MAC is issued on a temporary transfer to an easier job for a period of two to six months. The term is set by the MAC depending on the profession (specialty), the severity of the course and the complications of the disease.
17. For persons who applied for medical assistance after the end of working hours (shift, study), the date of release from work is indicated in the sheet or certificate of temporary incapacity for work from the next day.
18. A sheet or certificate of temporary disability is issued in case of hospitalization - in a hospital from the date of hospitalization, in the case of treatment on an outpatient basis - in a medical organization providing outpatient care at the place of attachment (to a nonresident - at the place of treatment) on the day of his applying taking into account the day of contacting the trauma center and ambulance on the basis of a certificate confirming their appeal to the indicated medical organizations.
A person applies to a medical organization that provides outpatient care the next day after being served by an ambulance team and (or) in a trauma center.
If a person is served by an ambulance team and (or) in a trauma center on Friday, on weekends and holidays, then a sheet or certificate of temporary incapacity for work is issued by a medical organization that provides outpatient care, taking into account the day of contacting a trauma center and an ambulance station assistance and subsequent days off and holidays on the basis of a certificate confirming their appeal to the specified medical organizations.
19. In the event of a person's incapacity for work before the end of the shift, a certificate of temporary incapacity for work is issued by a medical specialist of medical centers of enterprises and organizations with release from work until the end of the shift with subsequent referral to a medical organization. The issuance of a sheet or certificate of temporary incapacity for work is carried out by a medical specialist of a medical organization to which the person is attached, taking into account the day of contacting the medical center of the enterprise.
20. In case of established tuberculous, mental, skin-venereal, oncological diseases and those infected with the human immunodeficiency virus / acquired immunodeficiency syndrome (hereinafter referred to as HIV / AIDS), a sheet or certificate of temporary disability is issued by medical specialists of the relevant specialized medical organizations (departments, offices). When persons with these diseases apply to general medical organizations, the medical specialist issues a sheet or certificate of temporary incapacity for work for a period of not more than three calendar days with the subsequent referral of persons to a specialized medical organization (department), and in the absence of such to a profile specialist.
21. When transferring persons to a sanatorium-resort organization for medical rehabilitation, as an integral component of treatment, the extension of the sheet or certificate of temporary incapacity for work is carried out by the medical organization to which the person is attached.
22. In case of inpatient treatment (including day hospitals, rehabilitation centers), a sheet or certificate of temporary incapacity for work is issued for the entire period of inpatient treatment by a medical specialist on the day of discharge of persons.
If by the time of discharge from the hospital the working capacity of persons is fully restored, the sheet or certificate of temporary incapacity for work is closed by the date of discharge.
For persons who continue to be temporarily disabled, the sheet or certificate of temporary incapacity for work is extended for a period, taking into account the time required for his appearance to the medical specialist of the polyclinic or to call the medical specialist at home (but not more than one calendar day).
For persons who received treatment outside the region of residence, the time required to arrive at the place of his permanent residence is taken into account (but not more than four calendar days).
Further extension and closing of the sheet or certificate of temporary incapacity for work is made to the person at the place of residence by a medical specialist who further monitors him after the conclusion of the MAC, or a medical organization to which the patient was sent for further treatment.
23. In case of injuries sustained in a state of alcoholic or drug intoxication, as well as in acute alcohol or drug intoxication, a certificate of temporary incapacity for work is issued for the entire period of temporary incapacity for work.
In the event of another disease, not related to the one for which the patient was issued a certificate of temporary incapacity for work, the certificate of temporary incapacity for work is closed and a sheet of temporary incapacity for work is issued. If, after the restoration of the ability to work for this disease, temporary incapacity for work caused by an injury received in a state of alcoholic or drug intoxication continues, a certificate of temporary incapacity for work is opened again.
24. In the treatment of chronic alcoholism, drug addiction, not complicated by other disorders and diseases, temporary incapacity for work is certified by a certificate. If during this period an illness or injury occurs with the onset of temporary incapacity for work and it is required to stop treatment for alcoholism (drug addiction), a sheet of temporary incapacity for work is issued.
In case of complication of chronic alcoholism (drug addiction) by other diseases and conditions that impair the ability to work, a sheet of temporary incapacity for work is issued for the entire period of incapacity for work, in accordance with these Rules.
25. Persons suffering from mental illness, in case of untimely contact to a medical organization, receive a sheet or certificate of temporary incapacity for work for the past days upon the conclusion of the MAC of a neuropsychiatric dispensary or a medical specialist (psychiatrist) together with the head of the medical organization.
Persons sent by a court decision for a forensic medical or forensic psychiatric examination and recognized as disabled, receive a sheet or certificate of temporary incapacity for work from the date of admission for examination.
26. A person who combines training with work is issued a sheet or certificate of temporary incapacity for work simultaneously.
27. If a person works for several employers, a sheet of temporary incapacity for work is issued at one place of work, copies of a sheet of temporary incapacity for work, certified by the head of a medical organization and sealed by a medical organization, are issued to other places of work of the person.
28. A sheet or certificate of temporary disability for nonresident persons is drawn up in a medical organization at the place of their temporary stay and issued in agreement with the head of the relevant medical organization.
The extension of the specified sheet or certificate of temporary incapacity for work is carried out in the medical organization at the place of attachment of the person in the presence of the conclusion of the MAC of the medical organization that opened the sheet or certificate of temporary incapacity for work.
29. Individuals sent to medical organizations outside their place of permanent residence, including outside the Republic of Kazakhstan, receive a sheet or certificate of temporary incapacity for work from the sending medical organization on the basis of the conclusion of the MAC for the days required for travel, but not more than five calendar days.
The extension of this sheet or certificate of temporary incapacity for work is made in the medical organization to which the person was sent.
If a person was sent outside the Republic of Kazakhstan, the final registration of the sheet or certificate of temporary incapacity for work is made by the MAC upon his return on the basis of documents on consultation (treatment) in another country.
30. Persons who have received a sheet or certificate of temporary incapacity for work in a medical organization at the place of their attachment, their extension in another medical organization is made only if there is a conclusion of the MAC of the medical organization that issued the sheet or certificate of temporary incapacity for work.
31. Documents certifying the fact of illness, or injury abroad of citizens of the Republic of Kazakhstan and kandas, foreign citizens, and stateless persons permanently residing and working in the territory of the Republic of Kazakhstan shall be the basis for issuing a sheet or certificate of temporary disability after the Medical Advisory Commission of a medical organization at the place of its attachment.
Documents certifying the fact of illness, or injury must be translated into Kazakh or Russian and certified in the host country or the Republic of Kazakhstan.
Footnote. Paragraph 31 - as amended by the order of the Minister of Healthcare of the Republic of Kazakhstan dated December 7, 2021, No. ҚР ДСМ-125 (shall come into effect ten calendar days after the day of its first official publication).32. Foreign citizens staying in the Republic of Kazakhstan temporarily, in case of illness, injury, are issued a certificate of temporary incapacity for work.
33. Chronically ill, working persons with sheets of temporary incapacity for work are sent to the MSEE:
1) not earlier than four months from the date of temporary incapacity for work or not later than five months of temporary incapacity for work during the last twelve months in case of repeated diseases (with the same disease);
2) not earlier than four months from the date of the onset of temporary incapacity for work in case of injuries, in the presence of a long-term prognosis of the course of the disease, by decision of the MAC, the sheet of incapacity for work is extended by two months;
3) not earlier than eight months from the date of temporary incapacity for work due to tuberculosis.
34. For a person recognized as a disabled person, a sheet or certificate of temporary incapacity for work is closed with the date of establishing the disability category.
35. Working disabled people are sent to the MSEE when their health deteriorates due to a disabling disease not earlier than two months from the day of temporary incapacity for work. If the deterioration in the health of working disabled people is not associated with a disabling disease, then a sheet of temporary incapacity for work is issued in accordance with these Rules.
36. If a person refuses to refer to the MSEE, the sheet of temporary incapacity for work is not extended from the date of refusal to refer to the MSEE, information about this is indicated in the sheet of temporary incapacity for work and in the medical record of the outpatient (inpatient) patient.
37. Forms of sheets of temporary incapacity for work are strict reporting documents.
38. The sheet on temporary incapacity for work is filled out in the state or Russian languages.
39. Healthcare subjects issuing a certificate of temporary incapacity for work fill in its front side. On the front side of the sheet of temporary incapacity for work, entitled "Sheet of temporary incapacity for work", either the word "Primary" or the word "Continuation" is underlined, respectively. Then the name and address of the medical organization, the date of issue of the sheet, last name, first name, patronymic (if any), position and place of work of the patient are indicated, and the seal of the medical organization is put.
40. The column "Type of temporary incapacity for work" indicates the basis for issuing the sheet.
If a certificate of temporary incapacity for work is issued in connection with childbirth, the date of birth is indicated, by adoption or adoption - the date of adoption, for caring for a sick child - the date and year of birth of the child.
41. The line "Regime" indicates the type of prescribed medical and protective regime (stationary, outpatient, sanatorium). In case of violations of the regime prescribed by a medical specialist, cases of violation of the regime by a person are noted (alcohol abuse, failure to comply with the prescribed examination or treatment, failure to appear at an appointment with a medical specialist at a specified time, departure to another area, etc.) and the signature of the medical specialist is put.
42. In the corresponding columns, notes are made on the duration of inpatient treatment, the date of referral to the MSEE and their conclusion.
43. In the section “Release from work” the column “Since which date” is filled in with Arabic numerals, and the column “By which date inclusive” - in words. Each line of this section contains the position, surname and initials, and the signature of the medical specialist.
44. The line "Start to work" is filled in words (date and month) by the next day after the examination and recognition of the person as able-bodied. In case of continuing temporary incapacity for work, an entry is made: "Continues to be ill" and the number and date of issuance of another sheet of incapacity for work is indicated. In other cases of completion of temporary incapacity for work, records are made: "Disability is established (date)", "Died" (indicating the date of death).
In the case when the person, after the issuance or extension of the sheet of temporary incapacity for work, did not appear at the appointment, and at the next visit was recognized as able-bodied, in the line "Start to work" of the sheet of incapacity for work, an entry is made: "Came able-bodied" (indicating the date of appearance), free lines of the columns "Since which date" and "By which date inclusively" of the table "Release from work" are crossed out with the sign "Z".
45. The sheet of temporary incapacity for work is not closed at the request of the administration from his place of work.
46. The numbers of the forms of sheets of temporary incapacity for work, the date of their issue, the date of extension or discharge for work are recorded in the medical record of an outpatient (medical record of an inpatient) patient.
47. The reverse side of the sheet of temporary incapacity for work is filled out by the employer and stamped at the person's place of work, taking into account the allocation of working days during the period of temporary incapacity for work, which are payable.
48. Corrections are made by crossing out what was written incorrectly and signing it correctly above. The correction is negotiated in the margins, signed by a medical specialist, certified by the seal of the healthcare subject.
49. The seal of the health care subject is put upon opening, on the top right side in the first section of the sheet of temporary incapacity for work and below - when discharging to work or when issuing an extension. 50. All sheets of temporary incapacity for work are issued to those temporarily disabled against a receipt on the stubs, which serve as a document for reporting on the forms of sheets of temporary incapacity for work. 51. The registration of issued sheets of temporary incapacity for work is made in the register of sheets of temporary incapacity for work approved by the authorized body in accordance with subparagraph 31) of Article 7 of the Code.
52. Damaged and unclaimed forms of sheets of temporary incapacity for work are canceled by the medical specialists who issued them in the following order: the form is crossed out and written in large letters "damaged" or "canceled".
The stubs of the forms, damaged and unclaimed forms are stored in a medical organization for two years, and then, on the basis of the order of the head, are destroyed. An act (free form) on the destruction of damaged and unclaimed forms is kept for five years.
53. In case of loss of the sheet of temporary incapacity for work, a duplicate is issued by the health care subject who issued the sheet of temporary incapacity for work, upon presentation of a certificate from the place of work that the benefit for the lost sheet of temporary incapacity for work was not paid. On the front side of the duplicate, a mark "Duplicate" is made above.
54. For a person who does not appear for an appointment with a doctor on the appointed day, the sheet of temporary incapacity for work is extended from the day of applying, without offsetting the missed days.
55. When the incapacity for work continues, the medical specialist issues a “continuation” of the sheet of incapacity for work to the person, making a note about the violation of the regime in the primary sheet of temporary incapacity for work in the column “Notes on violation of regime”.
56. In cases of theft or loss of the forms of the sheet on temporary incapacity for work, medical organizations report these facts no later than three calendar days from the date of their identification to the local government health authority.
Paragraph 3. Issuance of a sheet or certificate of temporary incapacity for work due to pregnancy and childbirth
57. The procedure for issuing a sheet or certificate of temporary incapacity for work due to pregnancy and childbirth:
1) a sheet or certificate of temporary incapacity for work due to pregnancy and childbirth is issued by a medical specialist (obstetrician-gynecologist), and in his absence - by a doctor, together with the head of the department after the conclusion of the MAC from thirty weeks of pregnancy for a period of one hundred twenty six calendar days (seventy calendar days before delivery and fifty-six calendar days after delivery) for normal delivery.
Women living in territories affected by nuclear tests are issued a sheet or certificate of incapacity for work due to pregnancy and childbirth from twenty-seven weeks with a duration of one hundred seventy calendar days (ninety-one calendar days before childbirth and seventy-nine calendar days after childbirth) with normal childbirth;
2) for women who temporarily left their permanent place of residence within the Republic of Kazakhstan, a sheet or certificate of temporary incapacity for work due to pregnancy and childbirth are issued (extended) at the medical organization where the birth took place or in the antenatal clinic (office) at the place of observation according to the extract (labor and delivery medical record) of obstetric organization, in accordance with subparagraph 31) of Article 7 of the Code.
Women who have temporarily left their permanent place of residence outside the Republic of Kazakhstan, when they apply during the period of maternity leave, a sheet or certificate of temporary incapacity for work due to pregnancy and childbirth is issued (extended) at the medical organization at the place of attachment at the conclusion of the MAC, upon presentation of documents certifying the fact of the birth of a child (children) in a medical organization and a child's birth certificate. The submitted documents are translated into Kazakh or Russian and certified in the host country or in the Republic of Kazakhstan;
3) in the case of complicated childbirth, the birth of two or more children, the sheet or certificate of temporary incapacity for work is extended by additional fourteen calendar days by a medical specialist (obstetrician-gynecologist), and in his absence - by a doctor, together with the head of the department after the conclusion of the MAC at the place of observation according to the extract from the obstetric health care organization. In these cases, the total duration of prenatal and postnatal leave is one hundred and forty calendar days (seventy calendar days before delivery and seventy calendar days after delivery).
For women living in territories affected by nuclear tests, in case of complicated childbirth, the birth of two or more children, the sheet or certificate of temporary incapacity for work is extended by additional fourteen calendar days, the total duration of prenatal and postnatal leave is one hundred eighty four days (ninety one calendar day before delivery and ninety-three calendar days after delivery);
4) in the event of childbirth at a period of twenty-two to twenty-nine weeks of pregnancy and the birth of a child weighing five hundred grams or more, who has lived for more than seven days, the woman receives a sheet or certificate of incapacity for work upon delivery for seventy calendar days after childbirth.
In the case of childbirth at a period of twenty-two to twenty-nine weeks of pregnancy and the birth of a stillborn fetus or a child weighing five hundred grams or more, who died before seven days of life, the woman receives a sheet or certificate of temporary incapacity for work on the fact of childbirth for fifty six calendar days after childbirth;
5) women living in territories affected by nuclear tests, in case of childbirth at a period of twenty-two to twenty-nine weeks of pregnancy and the birth of a child weighing five hundred grams or more, who has lived for more than seven days, a sheet or certificate of temporary incapacity for work is issued for ninety three calendar days after childbirth.
For women living in territories affected by nuclear tests, in case of childbirth at a period of twenty-two to twenty-nine weeks of pregnancy and the birth of a still fetus or a child weighing five hundred grams or more, who died before seven days of life, a sheet or certificate of temporary incapacity for work is issued for seventy-nine calendar days after delivery;
6) when a woman applies for a sheet of temporary incapacity for work during pregnancy, maternity leave is calculated in total and is provided in full regardless of the number of days she actually used before giving birth.
When a woman applies in the period after childbirth for a sheet of temporary incapacity for work, only leave after childbirth is granted for the duration provided for in this paragraph;
7) upon the onset of pregnancy during the period when a woman is on paid annual labor leave or unpaid leave to care for a child until it reaches three years of age, a certificate of temporary incapacity for work is issued for all days of maternity leave, with the exception of cases provided for in part 2 of subparagraph 6) of this paragraph;
8) in the event of the death of the mother during childbirth or in the postpartum period, a sheet or certificate of temporary incapacity for work is issued to the person caring for the newborn;
9) in the event of an operation for the artificial termination of pregnancy, a sheet or certificate of temporary incapacity for work is issued by a doctor together with the head of the department for the duration of the stay in the hospital and outpatient clinic where the operation was performed, and in case of complication - for the entire period of temporary incapacity for work.
In case of a spontaneous abortion (miscarriage), a sheet or certificate of temporary incapacity for work is issued for the entire period of temporary incapacity for work;
10) when carrying out an embryo transfer operation, a sheet or certificate of temporary incapacity for work is issued by the medical organization that performed the operation from the day of embryo transfer until the fact of pregnancy.
Persons who have adopted (adopted) a newborn child (children), as well as a biological mother with surrogacy directly from the maternity hospital, a sheet or certificate of temporary incapacity for work is issued from the date of adoption and until the expiration of fifty six calendar days from the date of birth of the child.
58. Pregnant women, women who have given birth to a child (children), women (men) who have adopted or adopted a newborn child (children), a certificate of temporary incapacity for work is issued in two copies:
1) to make social payments in case of loss of income due to pregnancy and childbirth, adoption (adoption) of a newborn child (children) from the State Social Insurance Fund;
2) for provision of maternity leave, leave to employees who have adopted (adopted) a newborn child (children) at the place of work.
Paragraph 4. Issuance of a sheet or certificate of temporary incapacity for work for caring for a sick child
59. A sheet or certificate of temporary incapacity for work in caring for a sick child is issued by a medical specialist to one of the child's legal representatives or close relatives who is directly caring for the child.
60. For caring for a sick child, a sheet or certificate of temporary incapacity for work is issued and extended for the period during which he needs care, but not more than ten calendar days. In case of illness of a child who is with the mother or other legal representative of the child outside the place of permanent residence, a sheet or certificate of temporary incapacity for work for caring for a sick child is issued as for a nonresident (signed by the head of the medical organization).
61. In case of inpatient treatment of a child, including in a rehabilitation center, in need of care according to the conclusion of the MAC, a sheet or certificate of temporary incapacity for work in care is issued to one of the parents or a person caring for him during treatment:
1) a child under the age of three - for the entire period of the child's stay in the hospital;
2) seriously ill children over three years old - for the period during which the child needs such care;
3) a disabled child - for the entire period of hospital stay at the conclusion of the MAC;
4) on a referral by a medical organization outside their place of permanent residence, including outside the Republic of Kazakhstan, for the entire period of hospital stay, including the time required for round trip travel.
62. If a child needs care after being discharged from the hospital and before hospitalization there was no release from work to care for him, a sheet or certificate of temporary incapacity for work is issued by a medical organization at the place of residence for a period of up to ten calendar days. If a sheet or certificate of temporary incapacity for work has already been issued for a given disease before being admitted to a hospital, then it is issued for the remaining days (up to ten days). 63. If a child develops another illness that is not related to the previous illness during the period of release for care, another sheet or certificate of temporary incapacity for work of the mother (father or other family member) is issued.
64. If the child was sent for treatment outside the Republic of Kazakhstan, the final registration of the sheet or certificate of temporary incapacity for work is carried out by the MAC upon his return on the basis of documents on consultation (treatment) in another country.
65. In case of simultaneous illness of two or more children, one sheet or certificate of temporary incapacity for work is issued to care for them.
66. When a child becomes ill during a period that does not require the mother (father) to be released from work (paid annual labor leave, maternity leave, unpaid leave, weekends or holidays, as well as when the child develops another illness, not related to the previous one), the sheet of temporary incapacity for work for care is issued from the day when she (he) must (have to) start work, excluding the days from the onset of the child's illness.
67. In the event of illness of the mother (father), for which she (he) cannot take care of the child, a sheet or certificate of temporary incapacity for work is issued by a medical organization at the place of their treatment to one of the family members who actually care for the child for the duration of the illness of mother (father). 68. In case of temporary incapacity for work of persons on leave to care for a sick child, working part-time or at home, a certificate of temporary incapacity for work is issued.
69. A sheet or certificate of temporary incapacity for work is not issued for the care of chronically ill children during the period of remission.
Paragraph 5. Issuance of a sheet or certificate of temporary incapacity for work during quarantine
70. In case of temporary suspension from work of persons who have been in contact with infectious patients, or as a result of carrying a bacterium, a sheet or certificate of temporary incapacity for work is issued by a medical specialist (district doctor) of a medical organization at the suggestion of an epidemiologist of the territorial department of the Committee for sanitary and epidemiological control of the Ministry of Health of the Republic of Kazakhstan.
The duration of suspension from work in these cases is determined by the timing of isolation of persons who have had infectious diseases and have been in contact with them.
A person, for the period of being in home or stationary quarantine in connection with an emergency in the field of public health, by mutual agreement with the employer, can carry out remote work on the basis of a certificate issued in the form approved by the authorized body in accordance with subparagraph 31) of Article 7 of the Code, the quality of a document certifying it being under medical supervision. In this case, a certificate of temporary incapacity for work is not issued.
71. In case of quarantine, a sheet or certificate of temporary incapacity for work for caring for a child under seven years of age attending a preschool educational institution is issued to one of the working or studying family members for the entire quarantine period on the basis of the recommendations of the epidemiologist of the territorial body of sanitary and epidemiological supervision.
72. Persons working in public catering organizations, water supply, medical organizations, children's institutions, if they have helminthiasis, a sheet of temporary incapacity for work is issued for the entire period of dehelmintization.
Paragraph 6. Issuance of a sheet or certificate of temporary incapacity for work for orthopedic prosthetics
73. A sheet or certificate of temporary incapacity for work for orthopedic prosthetics is issued when a person is hospitalized in a prosthetic and orthopedic center by a medical specialist of the hospital, together with the head of a medical organization when the patient is discharged from the hospital, for the entire period of stay in the hospital and the time of travel to the place of treatment and back, but not more than thirty calendar days.
Persons making prosthetics in an outpatient conditions are not issued a sheet or certificate of temporary incapacity for work.
Paragraph 7. Issuance of a sheet or certificate of temporary incapacity for work for patients with tuberculosis
74. When persons with tuberculosis apply to a general medical organization, the issuance of a sheet or certificate of temporary incapacity for work is carried out in the manner specified in paragraph 21 of these Rules.
75. For a person recognized as disabled, a sheet or certificate of temporary incapacity for work is closed with the date of establishing the disability category.
76. In case of temporary incapacity for work, a person retains his place of work (study) after the end of the course of treatment without loss of qualifications and wages.
77. Patients with tuberculosis without bacterial excretion and who have achieved a stable conversion of a sputum smear during the restoration of working capacity, by the decision of the CMAC, a sheet or certificate of temporary incapacity for work may be closed.
78. A person with a newly diagnosed tuberculosis process, as well as with a relapse, is considered temporarily disabled:
1) with a sensitive form of tuberculosis within 10 months;
2) with multidrug resistance for 12 months;
3) with extensive drug resistance for 15 months.
Persons with tuberculosis, in the absence of a positive effect of treatment (preservation of bacterial excretion in patients with pulmonary tuberculosis and with persistent disorders of body functions in patients with extrapulmonary tuberculosis) are sent to the MSEE.
Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services
Footnote. Chapter 3 - as amended by the order of the Minister of Healthcare of the Republic of Kazakhstan dated December 7, 2021, No. ҚР ДСМ-125 (shall come into effect ten calendar days after the day of its first official publication).
79. A complaint against decisions, actions (inaction) of the service provider and (or) their employees on the provision of public services shall be filed in the name of the head of the service provider.
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.
The complaint of the service recipient, received by the authorized body for assessing and monitoring the quality of the 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 may be obtained by calling the single contact centre for the provision of public services.
80. Pre-trial consideration of a complaint on the provision of public services shall be carried out by a higher administrative body, an authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the Body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, or action (inaction) is being appealed.
The service provider, whose decision, or action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative case to the body considering the complaint.
At the same time, the service provider, whose decision, or action (inaction) is being appealed, shall have 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 shall be allowed after an appeal in the pre-trial procedure.
| Annex 1 to the Rules for conducting an examination of temporary disability, issuing a sheet or certificate of temporary disability |
Footnote. Annex 1 - as amended by the order of the Minister of Healthcare of the Republic of Kazakhstan dated December 7, 2021, No. ҚР ДСМ-125 (shall come into effect ten calendar days after the day of its first official publication).
| Appendix 2 to the Rules of examination of temporary incapacity for work, issuance of a sheet or certificate of temporary incapacity for work |
Form
Нысан
Еңбекке уақытша жарамсыздық парағы/ A sheet of temporary incapacity for work series № 0000000
Жұмыстан босатылу/Release from work
Қай күннен бастап/ Since which date (күні, айы/date, month) | Қай күнді қоса алғанда қай күнге дейін/ By which date inclusive (күні мен айы жазумен/date and month in words) | Дәрігердің қызметі мен тегі/ Position and surname of the doctor | Дәрігердің қолы/ Signature of the doctor |
Жұмысқа кірісу/Start to work
_______________________________________________
(күні мен айы жазумен/ date and month in words)
Жаңа парақ берілді (жалғасы)/A new sheet (continuation) issued №__________________________________________________________________________
Дәрігердің қызметі, тегі, қолы/ Position and surname and signature of the doctor
Емдеу мекемесінің мөрі/ Seal of a medical organization Сыртқы беті
(заңды тұлға атауы/name of legal entity)
Бөлім/department ______ Қызметі/Position _________ Таб/Tab № _____
Тұрақты, уақытша, маусымды жұмыс (тиістісінің асты сызылсын).
Жұмыс істемеді 20__ж.__ дан 20___ж. ______ дейін
Permanent, temporary, seasonal work (underline the necessary).
Did not work from ___20__г. to___20____г.
Еңбекке жарамсыз уақытындағы демалыс күндері ______
Жұмысқа кірісті 20____ж.______дейін
Days off for the period of incapacity for work (күні/date)
Бөлім бастығыныңқолы ___________ Табельшінің қолы ______ Күні
Signature of the head of the department _____ Signature of recorder ____ Date ___
| Appendix 3 to the Rules of examination of temporary incapacity for work, issuance of a sheet or certificate of temporary incapacity for work |
| Appendix 2 to the order |
List of some orders of the Ministry of Health of the Republic of Kazakhstan that have become invalid
1) order of the Minister of Health and Social Development of the Republic of Kazakhstan dated March 31, 2015 No. 183 "On approval of the Rules for examination of temporary incapacity for work, issuance of a sheet and certificate of temporary incapacity for work" (registered in the Register of state registration of regulatory legal acts under No. 10964, published on May 29 2015 in the information and legal system "Adilet");
2) order of the Minister of Health of the Republic of Kazakhstan dated September 17, 2018 No. ҚР ДСМ -15 "On amendments to the order of the Minister of Health and Social Development of the Republic of Kazakhstan dated March 31, 2015 No. 183 "On approval of the Rules for examination of temporary incapacity for work, issuance of a sheet and a certificate on temporary incapacity for work" (registered in the Register of state registration of regulatory legal acts under No. 17406, published on October 3, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan in electronic form);
3) order of the Minister of Health of the Republic of Kazakhstan dated April 6, 2020 No. ҚР ДСМ -30/2020 "On amendments and additions to the order of the Minister of Health and Social Development of the Republic of Kazakhstan dated March 31, 2015 No. 183 "On approval of the Rules for examination of temporary incapacity for work, issuance of a sheet and certificate of temporary incapacity for work" (registered in the Register of state registration of regulatory legal acts under No. 20332, published on April 13, 2020 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan in electronic form);
4) order of the Minister of Health of the Republic of Kazakhstan dated April 9, 2020 No. ҚР ДСМ -34/2020 "On amendments to the order of the Minister of Health and Social Development of the Republic of Kazakhstan dated March 31, 2015 No. 183 "On approval of the Rules for examination of temporary incapacity for work, issuance of a sheet and certificates of temporary incapacity for work" (registered in the Register of state registration of regulatory legal acts under No. 20356, published on April 15, 2020 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan in electronic form).
