Rights and obligations of patients

THE CODE ON THE HEALTH OF THE PEOPLE AND THE HEALTH SYSTEM

OF THE REPUBLIC OF KAZAKHSTAN DATED JULY 7, 2020 NO. 360-VI SAM.

Article 134. Patients’ rights

1. 1. In addition to the rights specified in Chapter 12 of this Code, the patient has the right to:

1) decent treatment in the process of prevention, diagnosis, treatment, respect for one’s cultural and personal values;

2) medical care in a priority determined solely on the basis of medical criteria, without the influence of any discriminatory factors;

3) selection, replacement of a doctor or a medical organization providing medical care within the guaranteed scope of free medical care and (or) in the system of compulsory social health insurance, except in cases of emergency and urgent care;

4) notification that audio and (or) video surveillance and recording are being conducted in the medical organization;

5) Alleviating suffering to the extent that the current level of medical technology allows;

6) obtaining information (data on the possible risks and benefits, proposed and alternative treatment methods, information on the possible consequences of refusal of treatment, information on the diagnosis, prognosis and treatment plan in a form accessible to the patient, as well as an explanation of the reasons for his discharge home or transfer to another medical organization) and an independent opinion on the condition your health and holding a consultation;

7) obtaining information about their rights and obligations, the services provided, the cost of paid services and the amount of co-payment, the procedure for their provision, taking into account accessibility for persons with visual and/or hearing impairments; the prescribed drug; medical workers providing medical services to him;

8) refusal to participate in the educational process, as well as from the presence of third parties during medical and diagnostic procedures;

9) other rights provided for by the laws of the Republic of Kazakhstan.

2. 2. Information about the rights of the patient is placed in places of visual agitation of medical organizations.
3. 3. Medical care is provided after receiving the informed consent of the patient to receive medical care. The informed consent of the patient in case of invasive interventions is drawn up in a form approved by the authorized body.
4. 4. The patient may appoint a person to whom information about his health status should be provided. Information about the state of health may be hidden from the patient, taking into account his state of health, and communicated to the patient’s spouse, his close relatives or legal representatives.
5. 5. The protection of patients’ rights is carried out by state bodies, healthcare organizations, public associations within their competence.

Article 135. Responsibilities of patients

1. 1. In addition to the duties specified in Chapter 12 of this Code, the patient is obliged to:

1) take measures to preserve and strengthen your health;

2) show respect and tact in dealing with medical professionals;

3) inform the doctor of all information necessary for the diagnosis and treatment of the disease; after giving consent to medical intervention, strictly follow the appointments of medical workers;

4) comply with the internal regulations and take care of the property of the medical organization, cooperate with the medical staff when receiving medical care;

5) to inform medical workers in a timely manner about changes in their health status during diagnosis and treatment, as well as in cases of diseases that pose a danger to others, or suspicion of them;

6) not to commit acts that violate the rights of other patients;

7) perform other duties provided for by the laws of the Republic of Kazakhstan.

2. 2. The duties of patients specified in subparagraphs 2), 3) and 5) of paragraph 1 of this Article shall apply to parents or other persons directly caring for a sick child in a hospital.

Article 136. The right to refuse medical care

1. 1. The patient or his legal representative has the right to refuse medical care, except in cases provided for in Article 137 of this Code.
2. 2. In case of refusal of medical care to the patient or his legal representative, the medical worker provides explanations in a form accessible to the patient or his legal representative about the possible consequences.
3. 3. Refusal of medical care with indication of possible consequences shall be recorded in medical documents, including in electronic format, and signed by the patient or his legal representative, as well as by a medical professional.

If the patient or his legal representative refuses to sign the refusal of medical care, an appropriate record of this is made in the medical documentation, including in electronic format, and signed by a medical professional.

4. 4. If the legal representatives of a minor or an incapacitated person refuse medical assistance necessary to save the lives of these persons, the medical organization has the right to apply to the guardianship and guardianship authority and (or) to the court to protect their interests.

Article 137. Providing medical care without the patient’s consent

1. 1. The provision of medical care without the consent of the patient is allowed in relation to persons:

1) those who are in a shock, comatose state, which does not allow them to express their will;

2) with diseases that pose a danger to others;

3) with severe mental disorders (diseases);

4) with mental disorders (diseases) who have committed a socially dangerous act.

2. 2. Consent to the provision of medical care in relation to minors, with the exception of the cases provided for in paragraph 2 of Article 78 of this Code, and consent for persons recognized by the court as incompetent, is given by their legal representatives.
3. 3. A decision on the provision of medical care without consent in respect of the persons referred to in paragraph 1 of this article shall be taken by a council, and if it is impossible to assemble a council – directly by a medical worker with subsequent notification to officials of a medical organization.
4. 4. The provision of medical care without the consent of the patient continues until the grounds provided for in paragraph 1 of this Article disappear.