Obsessive Medical Services: Do We Have the Right to Opt-Out? Can I refuse to see a doctor? Video: Can a driver refuse to undergo a medical examination

Don't come to school without a gynecologist

“My daughter is in 11th grade. Every year, all the girls in her class are sent in formation to a gynecologist for examination. Who does not go - they threaten. After each such examination, a parent meeting is held, at which the class teacher announces which of the girls in the class are no longer girls, what diagnoses were made by the doctor, and requires parents to "strengthen their upbringing." Can I protect my daughter from such "care"? "

Irina Polikarpova, Novosibirsk region

Yulia Stibikina: By law, a teenager over the age of 15 has the right to make health decisions for himself. Nobody - not the school, not the parents - can force 17-year-old girls to go to the gynecologist. What the parent describes is a gross violation of medical ethics. Such things must be immediately reported to the prosecutor's office. A visit to a gynecologist by a girl over 15 years old can only be voluntary. The doctor has no right to divulge medical secrets even to the parents of this girl.

“My child goes to school in the fall. The teacher is forcing me to go with the child to be examined by a gynecologist, dentist and psychiatrist. He says that without certificates from these specialists, they will not be admitted to school. Other parents say that for every check-up you have to “kill” the whole day. I work for a commercial firm. Personal absences during working hours are not welcome, to put it mildly. Can I refuse these examinations? What is the connection between a gynecologist and studies?

Margarita Mironchik, Omsk

Before entering a kindergarten, school and vocational education institution, a gynecologist's examination is requiredPhoto: AiF-Kazan / Maria Zvereva

Yulia Stibikina: It is impossible to refuse. There is an order of the Ministry of Health of the Russian Federation on the procedure for medical examinations by minors. Children undergo compulsory medical examinations three times: before entering kindergarten, school and vocational education institution. Without a certificate from doctors, these institutions will not be accepted. Examination, with the exception of a psychiatrist, can be done in commercial clinics that work on weekends. Just first you need to clarify which clinic is issuing certificates of the required sample.

Consent is not asked

“The wife of the director of our company is engaged in the distribution of food additives. On a monthly basis, we are given a set of dietary supplements, which she sells, on a voluntary-compulsory basis. In this case, the cost of the set is deducted from our salary. But isn't it illegal? "

Pavel Martynov, Kemerovo

Yulia Stibikina: It is completely illegal. The employer does not have the right to control the salaries of employees. We have to go to the labor inspectorate, to the prosecutor’s office. If the employer wants to take care of employees, he can give them food supplements for free. The business of the employees is to take or not to take.

“I am the chief specialist in the housing and communal services department of the district administration. We are all forced to undergo medical examination. Those who passed it conscientiously are encouraged - given a vacation in the summer, a New Year's bonus. And those who "take time off" from examinations are promised to be fired. I understand that prophylactic medical examination is necessary for teachers, kindergarten teachers. But on duty, I only communicate with janitors. Why do I need this hassle? "

Afanasy Dolgodvorov, Barnaul

Photo: Shutterstock.com / All civil servants are required to undergo medical examination

Yulia Stibikina: You are a municipal employee. There is an order of the Ministry of Health of the Russian Federation "On the passage of medical examination by state civil servants of the Russian Federation and municipal employees." The purpose of clinical examination is to identify the presence or absence of diseases that impede the passage of public service. After all, civil servants, firstly, work with people; secondly, they work in large teams. What if you are mentally ill? Or do you have an open form of tuberculosis? Therefore, you will have to undergo medical examination. But the methods of pressure applied by your leadership are, of course, illegal.

The military registration and enlistment office sent him for further examination to the hospital with a diagnosis of chronic calculous prostatitis.
At the hospital, general blood, urine, ultrasound, and ECG tests were done. Further, it was proposed to undergo a CT examination of the kidneys and a radioisotope examination of the kidneys using contrast.
In this regard, I want to refuse further examinations, because I am worried about causing harm to my health by these examinations.
What is the risk of my refusal from further examinations and will the above examinations (except for CT and radioisotope examination of the kidneys) be sufficient for a hospital diagnosis?
How can the military registration and enlistment office respond to a refusal and underexamined tests? After all, it is not necessary to "irradiate" the kidneys to make the above diagnosis? What is better to indicate in the column "reason for refusal of the survey" (if any)?

Good day!

In accordance with Article 20 of the Federal Law of the Russian Federation of November 21, 2011 N 323-FZ
"About
the basics of protecting the health of citizens in the Russian Federation "

Necessary
a precondition for medical intervention is a summer residence
informed voluntary consent of a citizen or his legal
representative for medical intervention on the basis of the provided
a medical professional in an accessible form of complete information about the goals, methods
provision of medical care, associated risk, possible options
medical intervention, its consequences, as well as the alleged
the results of medical care.

2. Informed
voluntary consent to medical intervention is given by one of the parents or
other legal representative in relation to:

1) Minors,
drug addicts over the age of sixteen and others
minors over the age of fifteen have the right to
informed voluntary consent to medical intervention or refusal
from him in accordance with this Federal Law, with the exception of cases
providing them with medical assistance in accordance with paragraphs 2 and 9 of Article 20
of this Federal Law.

2) a minor
drug addict when providing him with drug treatment or
medical examination of a minor in order to establish
state of narcotic or other toxic intoxication (with the exception of
cases of acquisition established by the legislation of the Russian Federation
minors of full legal capacity until they reach the age of eighteen
age).

3. Citizen, one of
parents or other legal representative of the person specified in part 2 of this
articles have the right to refuse medical intervention or require
its termination, except for the cases provided for in part 9 of this
articles. Legal representative of a person recognized by law
incapacitated, exercises the specified right in the event that such a person
due to its condition, it is not able to refuse medical intervention.

4. In case of refusal
medical intervention to a citizen, one of the parents or other legal
the representative of the person specified in part 2 of this article, in an accessible
the form should explain the possible consequences of such a refusal.

6. Persons specified in
parts 1 and 2 of this article, to receive primary health care
when choosing a doctor and a medical organization for the period of their choice, they give
informed voluntary consent to certain types of medical
interventions that are included in the list established by the authorized
federal executive body.

7. Informed voluntary
consent to medical intervention or refusal of medical intervention
drawn up in writing, signed by a citizen, one of the parents
or other legal representative, a medical professional and is contained in
the patient's medical records.

8. The order of giving
informed voluntary consent to medical intervention and refusal
from medical intervention in relation to certain types of medical
intervention, a form of informed voluntary consent to medical
the intervention and the form of refusal of medical intervention are approved
by the authorized federal executive body.

9. Medical
interference without the consent of a citizen, one of the parents or other legal
a representative is allowed:

1) if medical
intervention is necessary on urgent grounds to eliminate the threat to life
a person and if his condition does not allow expressing his will or are absent
legal representatives (in relation to the persons specified in part 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
committed socially dangerous acts (crimes);

5) when conducting forensic medical
examination and (or) forensic psychiatric examination.

The practice of refusing to undergo a medical examination for alcohol intoxication is very common among motorists.

The traffic police officer stops the car, declares that it is necessary to pass the check and offers to “blow” into the corresponding tube.

Is it possible to refuse this procedure without consequences? Can the deprivation of rights be challenged in court?

Consider what threatens in 2019 for the refusal of a medical examination.

The procedure for referral for medical examination

First, let's figure out when the traffic police inspector has the right to issue a referral for a medical examination for alcohol or drug intoxication.

If the employee really has good reasons for this, and the car owner refuses to undergo an examination, he will have to answer in accordance with the Code of Administrative Offenses, which may result in a fine or withdrawal of the driver's license.

Russian legislation states that the certification procedure is carried out in the following ways:

1. The check takes place at the meeting place with the traffic police inspector. They have the right to independently carry out the procedure that allows them to identify alcohol.
2. The driver is sent to a medical institution, where a check is carried out whether the driver has taken drugs or psychotropic substances. Then a more reliable result is guaranteed.

But employees have the right to demand an examination only if there are good reasons to suspect that the driver is drunk.

• the presence of a persistent smell of alcohol;
• the driver cannot stand steadily on his feet;
• speech is impaired;
• tremor of the fingers;
• change in complexion;
• the driver's behavior does not match the situation.

If such signs are found, the traffic police inspector conducts a medical examination using a special technical means.

If alcohol is found in the exhaled air, the driver is sent to a medical facility, where they will conduct tests and take tests to determine the degree of intoxication.

The permissible amount of ppm in the blood is 0.35, in the exhaled air - 0.16.

If the requirement to pass the survey is justified, the car owner has no right to refuse it. Otherwise, he will be fined or deprived of his driver's license.

But the procedure must be carried out in a specific order. If the order is violated, the actions of the traffic police inspector must be challenged.

Article 25.7 of the Administrative Code regulates:

• two attesting witnesses are involved in the procedure, they sign the protocol and observe how they check for alcohol / drugs;
• the process should be recorded on video;
• the driver's refusal to be examined for alcoholic intoxication is confirmed by attesting witnesses.

The driver has the right to disagree with the test result if he doubts the accuracy of the device. He must declare this in front of witnesses (attesting witnesses).

Then the traffic police inspector sends him to the laboratory for a medical examination.... If the driver refuses, the attesting witnesses also confirm this.

Sometimes this requirement is violated by inspectors.... They conduct an examination without witnesses, without video filming. Sometimes witnesses are involved after the results of the medical examination have been received. And this is a violation stipulated in the Code of Administrative Offenses.

Then the driver should not be afraid to refuse the procedure and from being sent to a medical institution for examination. But in this case, you often have to defend yourself in court.

Punishment

Consider the punishment for refusing a medical examination.

According to article 12.26 of the Code of Administrative Offenses of the Russian Federation:

1. If the driver refuses to undergo a medical examination (if no actions containing a criminal offense followed), he is supposed to pay a fine. The amount of the fine for refusing to have a medical examination is 30,000 rubles with subsequent deprivation of a driver's license for a period of 1.5-2 years.
2. If a motorist does not have the right to drive a vehicle or is deprived of driving rights and refuses a medical examination for a state of alcoholic intoxication (if there are no actions containing a criminal offense), he faces an administrative arrest for a period of 10-15 days or an administrative fine of 30,000 rubles.

The motorist must comply with the requirements of the traffic police inspectors, if they are legal. If a law enforcement officer is rude and openly nagging, do not be afraid to refuse testing for alcohol or drug intoxication.

The inspector takes the driver to the medical institution personally, as he must remove the motorist suspected of using alcohol or drugs from driving the vehicle. If it is proven that the driver is not at fault, he is taken back to his car.

The results of medical tests and analyzes are supported by the relevant acts, which are drawn up by the laboratory worker.

This document is intended to supplement the protocol of the traffic police inspector, where all data must be indicated reliably, without distortion. The driver is obliged to check these points in order to avoid further problems.

Video: Can a driver refuse to undergo a medical examination

Any motorist must know what to do if he is forced to undergo a medical examination.

A survey can only be refused when the inspector's demands are unlawful. If legal, and you refuse the examination, it threatens with the above-described punishments.

But with a negative result of the examination, the court can take this fact into account. However, this does not change the driver's fault in non-compliance with the traffic police requirements.

The judge can mitigate the punishment, as it turns out that the inspector had no reason to send the motorist to the examination procedure.

There is no need to hope for luck or that the court will not deprive the driver of the driver's license, but will limit itself only to a fine. The Administrative Code clearly states that a motorist is deprived of his rights.

Better to demand that the medical test be declared unfair and the inspector's actions illegal.

How do I get my rights back?

Returning an ID

As the judicial practice of 2019 shows, the court sometimes refuses to apply strict measures to the driver. How to avoid deprivation of rights for refusing a medical examination?

If you are not guilty, you must provide proof of your innocence. Provide yourself with a solid evidence base with documents and witnesses.

List of originals and copies of documents:

In the protocol, which removes from the management of the vehicle, indicate information about the attesting witnesses, their signatures, the signature of the driver, the official. It should be checked if all data are correct.

Remember how the examination took place... Were the attesting witnesses present, did they see the process, the breathalyzer? The witness must not only put his signature on the protocol, but hear and observe the examination.

The witness has the right to express his disagreement with the fact and result of the examination and the direction of the driver to a medical institution.

Removal from driving the vehicle, examination for the state of intoxication are carried out in the presence of two attesting witnesses. This is a mandatory requirement.

If the attesting witnesses were involved only to sign the protocol, such a measure is illegal.... This is a gross violation of procedural requirements.

If there were no attesting witnesses, and the traffic police officers were invited after drawing up the administrative material, they cannot confirm the procedure for the procedure and the authenticity of the breathalyzer results obtained.

Then refer to the violation of the registration procedure, and all the materials in the case will be declared illegal, they are not suitable as evidence of your guilt.

Submit a written request that the protocol on the suspension from driving and the certificate of examination be excluded from the evidence, since they were drawn up in violation of the law (Article 26.2 of the Administrative Code of the Russian Federation).

If the inspector refused to conduct an on-site examination, but you do not refuse to do so, he has no reason to send you to a medical facility.

Then you have the right to refuse a trip to a medical facility, since the inspector's demands are illegal. A petition should be drawn up stating that the protocol on referral to a medical examination should be removed from the evidence.

But first investigate why the inspector refused to conduct an on-site survey. The breathalyzer may be defective.

Carefully check all the data specified in the protocol: compliance with the time, date, test results, as well as the characteristics of the device for determining alcohol intoxication, the presence of a certificate for it, and its permission for use.

It is best to consult with an experienced lawyer to prepare for your trial.

When the driver gets his driver's license back, he will be assigned a probationary period that lasts 12 months.

If during this time he is caught drunk driving again, he will face an even more severe punishment.

Sometimes, even the most thoughtful preventive measures do not keep the persistent traffic offenders from driving drunk, the government has tightened the degree of responsibility of drivers.

In 2019, a repeated violation or repeated refusal can threaten a whole range of penalties. These are not only large fines and many hours of forced labor, but also criminal prosecution:

1. The fine is 200-300 thousand rubles. Also, monetary compensation to the state, commensurate with wages for 1-2 years of work.
2. Deprivation of rights or the right to hold a certain position for 3 years.
3. Compulsory work 480 hours. Or forced labor for up to two years.
4. Criminal liability.

The list of punitive measures is determined for a repeated violation for each motorist individually. The “driving history” and the degree of intoxication are taken into account. One measure or a set of measures can be selected.

The most desperate drivers can lose their vehicle and be sent for compulsory treatment for alcohol or drug addiction.

Such strict measures have been introduced regarding the testing of drivers for alcohol intoxication, since very often drunk motorists become the culprits of serious fatal accidents.

In addition to administrative measures for repeated drunk driving, a driver can be imprisoned for 2 years, if other people have not suffered from driving a drunk driver.

If one person died, the culprit will be imprisoned for 2-7 years. If two or more - 4-5 years.

Then the court has no right to impose a symbolic punishment in the form of a gigantic fine or imprisonment for one year.

Early return of rights

If, after a repeated violation, everything turned out to be a fine or compulsory work, the driver can appeal to return his driver's license before the appointed time.

You will need to draw up a statement, provide facts that testify in favor of the driver (a conclusion from a medical institution on the successful completion of therapy, a testimonial from the employer, letters of recommendation from neighbors. In each case, an individual package of documents is required.

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9 comments

Hello, tell me please, the first protocol, a refusal to undergo a medical examination was issued, and in a week the second, what will be the responsibility?

Hello! Please tell me, the protocol indicates the refusal of medical certification, honey. the examination took place on its own less than 2 hours after the signing of the protocol, alcohol is 0000 mcg / l, an act about this was written out. What documents do I need for the court? And what awaits me?

Hello everyone !!! I have such a case, I refused to go to the medical examination, the next day they entered it into the database as a refusal, but exactly 3 months have passed since the stop and refusal, but the state services website does not have a penalty of 30 thousand rubles, and it’s a question that I am deprived for refusal, nor the beginning of the sentence, the only thing indicated that there was a refusal at 20.25, was in the traffic police, to which one inspector replied that the court decision had not yet entered and I could go, and another inspector replied if they stop and check on the line, I will understand on the spot, since there is no beginning of the term for the execution of the court and also deprivation, what to do what to do, the traffic police clearly cannot explain the different versions of both !!!

Good day. Such a case ... The guy was stopped in alcoholic intoxication. They offered to undergo an examination, he refused. In the presence of 2 attesting witnesses, this fact was recorded on paper, as if filmed. The traffic police claim that the video was recorded by the camera of attesting witnesses and a video recorder in the traffic police car. Then the guy, accompanied by a traffic police car, came to the house. They called me to go out to pick up the car, keys, documents for the car and the guy's license. Allegedly, they have the right to give cars and documents only to a person in a sober state and with rights. I went out, but then it turned out that just a sober person with the rights to give them a car and documents, they need a car owner. Neither I nor the guy are the owner. They began to say that if the owner does not drive up within 10 minutes, then the car will be taken to the fine-parking lot. In less than 10 minutes, a tow truck drove up and started loading the car together with the guy, because he refused to leave the car. After some negotiations with the traffic police officers, they agreed on a certain amount of money, supposedly for a tow truck. After the money was handed over to the traffic police officers, the tow truck was safely sent home, and the documents for the car and the guy's license were given to me, while the officers took pictures of my license. The guy was asked to get out of the car and give me the keys as well, which he did. After all this, we waved a pen to each other and the traffic police left without giving us any documents from the scene. Neither I nor the guy put my signature on anything. Please explain the situation, what are the next steps now? What to wait or where to go? How now to be examined and in what time frame? After all, no copies of documents and directions for examination by the traffic police were given to us.