COMPULSORY TREATMENT

From Big Medical Encyclopedia

COMPULSORY TREATMENT — the treatment performed without fail irrespective of the consent of the patient. Item of l. rather small category of patients who can infect other persons is exposed or owing to the diminished responsibility to make socially dangerous actions. In Bases of the legislation of USSR and federal republics about health care (see. Legislation on health care ) it is told: «For public health care bodies of health care are obliged to carry out special measures of prevention and treatment of the diseases constituting danger to people around (tuberculosis, mental, venereal diseases, a leprosy, an alcoholism, drug addiction), and also quarantine diseases. Cases and an order of compulsory treatment and forced hospitalization of the persons having the specified diseases can be established by the legislation of USSR and federal republics». P. is carried out by l. according to special resolutions (orders) of councils of ministers of federal republics (in some republics according to decrees of Presidiums of the Supreme Councils of the republics). In practice of P. of l. the rules of socialist legality shall be respected most strictly.

Item of l. patients tuberculosis (see) according to the legislation of some federal republics it can be carried out concerning persons, it is malicious evading from treatment, on the basis of the solution of hl. the doctor of the district or the head of department of health care of Executive committee of Council of People's Deputies for representation corresponding to lay down. institutions. Executive committees of Councils of People's Deputies provide assistance of health care to bodies in holding the actions connected with forced hospitalization of the TB patient (delivery of the patient in-tsu, protection of his property and housing). Item of l. it is carried out until the patient does not stop being infectious or will agree to be treated and observe the corresponding mode.

Item of l. mentally sick (see) it is applied to the persons who made socially dangerous acts in a condition of diminished responsibility, and also made them in a condition of sanity, but the patients with the sincere disease (depriving of them an opportunity to realize the actions or to direct them), both before adjudgement, and in term of imprisonment. According to article 58 UK RSFSR and similar articles of criminal codes of other federal republics coercive measures of medical character can be applied only by court which defines expediency of treatment of the patient in an insane hospital of the general or special type (see. Insane hospital ). At the same time according to article 408 Code of Criminal Procedure of RSFSR and similar articles Codes of Criminal Procedure of other federal republics judicial proceedings of cases against the persons who made socially dangerous acts in sos thawing of diminished responsibility and also the persons who got sick with a sincere disease after commission of crime happen in court session in due form, the established Code of Criminal Procedure, to obligatory participation of the prosecutor and defender who is allowed to participation in business from the moment of establishment of the fact of a sincere disease of the person under investigation (defendant). In court session the expert opinion about a mental condition of the defendant surely is heard and other circumstances having essential value for the solution of a question of use of coercive measures of medical character are checked.

The court does not establish P.'s terms of l., it proceeds until when the mental condition of the patient changes so that will cease to constitute danger both to people around, and to the most sick. The patients who are on P. of l. in psychiatric-tse, at least 1 time in 6 months are exposed to re-examination by the medical and consulting commission for definition of their mental state and a possibility of statement before court of a question of change or cancellation of coercive measures of medical character. In psychiatric-tsakh special type re-examination mentally the patients who are on P. of l., it is carried out by the Central forensic-psychiatric commission of experts. Payment of temporary disability benefits mentally the patient who made socially dangerous acts during their stay on P. of l. and forensic-psychiatric examination it is made according to the current legislation about social insurance. The persons which are on P. of l., have the right for provision of pensions in accordance with general practice.

The coercive measure of medical character to mentally patients who made socially dangerous acts is not punishment though it can be appointed, changed or cancelled only by court (article 11 of Bases of the criminal legislation of USSR and federal republics). Bodies of prosecutor's office exercise supervision of legality and execution of definitions of court about P.'s use of l.

Item of l. hron. alcoholics (see. alcoholism , Alcoholic psychoses ) according to the decree of Presidium of the Supreme Council of RSFSR of March 1, 1974 «About compulsory treatment and labor re-education of chronic alcoholics» and to the relevant decrees of Presidiums of the Supreme Councils of other federal republics it has to be carried out in to lay down. - professional, M3 institutions of the USSR at the place of residence of patients. The persons evading from treatment or continuing to drink after treatment, disturbing labor discipline, the public peace or rules of the socialist hostel despite the taken measures of disciplinary, public or administrative influence, are subject to P. of l. in activity therapy dispensaries of Min-va of internal affairs of the USSR (see. Narcological service ). The persons suffering hron are not subject to the direction in activity therapy dispensaries. sincere diseases, disabled people of I and II groups, pregnant women and nursing mothers, persons with the serious illness interfering their stay in this establishment (the list of these diseases is approved by M3 of the USSR on November 17, 1977), and also men aged after 60 years, the woman after 55 years and the persons which did not reach 18 years.

Item of l. patients with drug addiction, evading from treatment in to lay down. - professional, institutions of bodies of health care, carry out under the resolution of district (city) national court in activity therapy dispensaries of Min-va of internal affairs of the USSR. P.'s term of l. in this case is established by court from 6 months to 2 years.

Item of l. sore veins. disease carry out under the resolution of court in the hospitals which are subject to protection by forces of divisions of militia. Evasion from treatment is punished under the law. October 1, 1971. The presidium of the Supreme Council of the USSR issued the decree «About Strengthening of Responsibility for Spread of Venereal Diseases». On this basis the Presidium of the Supreme Council of RSFSR adopted on October 20, 1971 the decree «About Modification and Additions in Criminal and Criminal Procedure Codes of RSFSR», according to Krom of UK RSFSR was added with new article 115-1: «... the evasion from treatment of a venereal disease continued after the prevention made by bodies of health care is punished by imprisonment for a period of up to two years, or corrective works for a period of up to one year, or a penalty to hundred rubles». Basis for P. of l. are: evasion of the patient from treatment (as evasion from treatment also cases of self-treatment are considered if the patient was warned by bodies of health care with capture of a subscription about need of passing of a course of treatment in to lay down. establishment; disturbances of the hospital mode, absence without valid excuse on treatment, suspension to lay down. procedures, etc.); disturbance by the patient gigabyte. rules of conduct in a family, in life, at work etc., a cut puts other person in danger of infection of veins. a disease (see. Venereology ).

Item of l. quarantine diseases it is carried out by special rules (see. Karantin, karantinization ), and patients leprosy (see) — in special to lay down. - the prof. institutions (see. Leper colony ).


I. V. Shatkin, V. A. Strelkov.

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