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Article 20. Informed voluntary consent to medical intervention and to refusal of medical intervention
1. A necessary prerequisite for medical intervention is the provision of informed voluntary consent of a citizen or his legal representative for medical intervention on the basis of the complete information provided by the medical officer in an accessible form on the goals, methods of providing medical care, the risk associated with them, possible options for medical intervention, on his the consequences, as well as the expected results of the provision of medical care.
2. Informed voluntary consent to medical intervention is given by one of the parents or another legal representative in relation to:
1) a person who has not reached the age established by Part 5 of Article 47 and Part 2 of Article 54 of this Federal Law, or a person who has been declared legally incompetent in the manner prescribed by law, if such a person is incapable of consenting to a medical intervention;
2) a minor patient with drug addiction when providing him with narcological assistance or during a medical examination of a minor in order to establish the state of drug or other toxic intoxication (with the exception of the cases established by the legislation of the Russian Federation of acquisition by minors of full legal capacity before they reach the age of eighteen).
3. A citizen, one of the parents, or another legal representative of the person specified in part 2 of this article, have the right to refuse medical intervention or to demand its termination, with the exception of cases provided for in part 9 of this article. The legal representative of a person recognized to be legally incompetent in the manner prescribed by law shall exercise this right if such a person is not capable of refusing medical intervention by his condition.
4. In case of refusal of medical intervention to a citizen, one of the parents or other legal representative of the person specified in part 2 of this article, the possible consequences of such refusal should be explained in an accessible form for him.
5. If one of the parents or another legal representative of the person specified in part 2 of this article or the legal representative of the person recognized as legally incompetent refuses medical intervention necessary to save his life, the medical organization has the right to apply to court for protect the interests of such a person. The legal representative of a person recognized as legally incompetent shall notify the guardianship authority at the ward's place of residence of refusal of medical intervention necessary to save the ward's life no later than the day following the day of this refusal.
6. The persons referred to in parts 1 and 2 of this article, in order to receive primary health care when choosing a doctor and medical organization for the term of their choice, give informed voluntary consent to certain types of medical intervention, which are included in the list established by the authorized federal executive body authorities.
Informed voluntary consent to medical intervention or refusal of medical intervention is made in writing, signed by a citizen, one of the parents or other legal representative, medical worker and is contained in the patient’s medical documentation.
8. The procedure for giving informed voluntary consent to medical intervention and refusal of medical intervention in relation to certain types of medical intervention, the form of informed voluntary consent to medical intervention and the form of refusal of medical intervention are approved by the authorized federal executive body.
9. Medical intervention without the consent of a citizen, one of the parents or other legal representative is allowed:
1) if medical intervention is necessary for urgent reasons to eliminate a threat to a person’s life and if his condition does not allow him to express his will or if there are no legal representatives (in relation to the persons referred to in paragraph 2 of this article);
2) in relation to persons suffering from diseases that pose a danger to others;
3) in relation to persons suffering from severe mental disorders;
4) in relation to persons who committed socially dangerous acts (crimes);
5) during the forensic medical examination and (or) forensic psychiatric examination.
10. The decision on medical intervention without the consent of a citizen, one of the parents or other legal representative is made:
1) in the cases referred to in paragraphs 1 and 2 of part 9 of this article, by a consultation of doctors, and if it is not possible to assemble a consultation, by the physician directly (on duty) with the introduction of such a decision in the patient’s medical documentation and subsequent notification of the medical officials the organization (the head of the medical organization or the head of the department of the medical organization), the citizen in respect of whom the medical intervention was carried out, one of the parents or another legal representative of the person who decree of Part 2 of this article and for which medical intervention is carried out;
2) in relation to the persons specified in clauses 3 and 4 of part 9 of this article, by the court in the cases and in the manner established by the legislation of the Russian Federation.
11. For persons who have committed crimes, compulsory medical measures may be applied on the grounds and in the manner established by federal law.
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Article 20. Informed voluntary consent to medical intervention and to refusal of medical intervention
- Evolution of the right of citizens to provide consent for medical intervention (historical and legal analysis)
At present, the right to informed voluntary consent regarding the medical intervention of a patient or a person involved in a clinical trial is a universally recognized rule of law. The Constitution of the Russian Federation, as a legal act having the highest legal force, in Article 21 determines: “No one may, without voluntary consent, be subjected to medical, scientific or
- Task 3. CONSENT TO MEDICAL INTERVENTION
A woman in labor V., 25 years old, was delivered by ambulance from home due to the onset of labor. The antenatal clinic was not observed. Examined, diagnosed: childbirth urgent I, prolonged. The first period was complicated by the weakness of labor, and oxytocin was strengthened. In the II stage of childbirth with a head located in the pelvic cavity, and with the opening of the cervix 10 cm
- Article 11. Inadmissibility of refusal to provide medical care
1. Refusal to provide medical care in accordance with the program of state guarantees of free provision of medical care to citizens and collection of fees for its provision by a medical organization participating in the implementation of this program and by medical workers of such a medical organization are not allowed. 2. Emergency medical care is provided by a medical organization and
- The quality of life of the patient as the ultimate goal of medical intervention
The concept of "quality of life" is introduced into clinical use by S. Levine, S. Croog (1982). A comprehensive definition of the quality of life was given by T. Jones (1997): this is the correspondence of a person's desires to his capabilities, limited disease. Quality of life is a subjective category. The person himself, and not the doctor, determines how satisfied he is with his life. For patients, very important quality of life parameters
- Facilitative percutaneous coronary intervention, rescue percutaneous coronary intervention, routine coronary angiography and percutaneous coronary intervention after thrombolytic therapy
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- Chat (voluntary) health insurance
Access to health care in the private health insurance system is determined by free choice and ability to pay. Persons who can afford to pay premiums strictly taking into account the risk of getting sick enter into an insurance contract with a private insurance company. Private health insurance is based on the fact that, in principle, for a fee you can insure yourself for any event, however
- Article 37. Procedures for the provision of medical care and standards of medical care
1. Medical care is organized and provided in accordance with the procedures for the provision of medical care, mandatory for execution in the territory of the Russian Federation by all medical organizations, as well as on the basis of medical care standards. 2. The procedures for the provision of medical care and the standards of medical care are approved by the authorized federal executive body.
- Article 57. Medical sterilization
1. Medical sterilization as a special medical intervention in order to deprive a person of the ability to reproduce offspring or as a method of contraception can be carried out only upon a written application of a citizen over the age of thirty-five years or a citizen with at least two children, and if there are medical indications and informed voluntary consent of a citizen -
- Article 79. Obligations of medical organizations
1. A medical organization must: 1) provide emergency medical assistance to citizens; 2) carry out medical activities in accordance with legislative and other regulatory legal acts of the Russian Federation, including the procedures for the provision of medical care and standards of medical care; 3) inform citizens about the possibility of receiving medical care in
- Section 36. Palliative Care
1. Palliative care is a set of medical interventions aimed at relieving pain and alleviating other severe manifestations of the disease, in order to improve the quality of life of terminally ill citizens. 2. Palliative care may be provided on an outpatient and inpatient basis by medical personnel trained to provide
- Article 84. Payment for medical services
1. Citizens have the right to receive paid medical services provided at their request in the provision of medical care, and paid non-medical services (household, service, transportation and other services) provided additionally when providing medical care. 2. Paid medical services are provided to patients at the expense of personal funds of citizens, funds of employers and other funds for
- Section 19. Right to Medical Assistance
1. Everyone has the right to medical care. 2. Everyone has the right to guaranteed medical assistance provided without charge in accordance with the program of state guarantees of free medical assistance to citizens, as well as to receive paid medical services and other services, including in accordance with a voluntary medical insurance contract. 3.
- THE IMPORTANCE OF MEDICAL HELP IN THE QUITATION OF SMOKING FOR PREVENTION AND TREATMENT OF MALIGNANT NEW FORMATIONS
V.F. Levshin RONTS them. N.N. Blokhina, Moscow Prevention of malignant neoplasms by helping to quit smoking (TK) is based on the following scientifically valid provisions: - tobacco is the most common of the proven carcinogens for humans; - TC is the leading of the proven causes of death from cancer. In a number of special studies, convincing
- Section 65. Medical Examination
1. A medical examination of a person is a combination of methods of medical examination and medical research aimed at confirming such a state of human health, which entails the onset of legally significant consequences. 2. Types of medical examination are: 1) examination for intoxication (alcohol, drug
- Section 32. Medical Assistance
1. Medical assistance is provided by medical organizations and is classified by type, condition and form of such assistance. 2. The types of medical care include: 1) primary health care; 2) specialized, including high-tech, medical care; 3) ambulance, including specialized ambulance, medical care; 4) palliative
- Article 46. Medical examinations, medical examination
1. A medical examination is a set of medical interventions aimed at identifying pathological conditions, diseases and risk factors for their development. 2. The types of medical examinations are: 1) preventive medical examination carried out in order to early (timely) identify pathological conditions, diseases and risk factors for their development, non-medical
- Article 38. Medical devices
1. Medical products are any tools, apparatus, devices, equipment, materials and other products used for medical purposes separately or in combination with each other, as well as together with other accessories necessary for the use of these products for their intended purpose, including special software, and intended by the manufacturer for the prevention, diagnosis,
- Section 58. Medical Examination
1. A medical examination is a study conducted in the prescribed manner, aimed at establishing the state of health of a citizen, in order to determine his ability to carry out labor or other activities, as well as establishing a causal relationship between the impact of any events, factors and the state of health of a citizen. 2. In the Russian Federation are held
- Section 49. Medical Waste
1. Medical waste - all types of waste, including anatomical, pathoanatomical, biochemical, microbiological and physiological, generated in the process of carrying out medical activities and pharmaceutical activities, activities for the production of medicines and medical devices. 2. Medical waste is divided according to their epidemiological