Alcohol, Narcotic, Psychotropic Or Toxic Substances Impact Test Procedure

Original Language Title: Alkohola, narkotisko, psihotropo vai toksisko vielu ietekmes pārbaudes kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/176425

Cabinet of Ministers Regulations No. 394 in Riga, June 2, 2008 (pr. No 36 § 2) alcohol, narcotic, psychotropic or toxic substances effect inspection procedure Issued in accordance with article 60.1 of the law on medical treatment, the law "on police" 12 the first paragraph of article 17 and the national Probation Service Act article 25 the fifth part i. General questions 1. detects alcohol, narcotic, psychotropic or toxic substances impact testing procedures the medical treatment institutions and procedures for the State police, municipal police State border guards, or probation officers with portable measuring devices check the person to determine the concentration of alcohol in exhaled air and to establish whether this person has been using alcohol.
2. the rules (except for the 8, 9, 10 and 11.) does not apply to the order in which the driver detects blood alcohol levels and exhaled air, as well as the illicit manufacture of narcotic drugs or other intoxicating substances.
3. Potential alcohol, narcotic substances, psychotropic substances or toxic effects of substances the person finds: 3.1 national police, municipal police, State border guard officer or State probation officers, a check with a portable measuring device for determining the concentration of alcohol in exhaled air, to find out whether a person has used alcohol;
3.2. the medical examination in medical institution (annex 1) or the medical institutions in medical laboratory specialized in mobile, on the basis of these provisions referred to in paragraph 6 or 7 referrals. persons referred to in the application;
3.3. any medical institution (in addition to the provisions listed in annex 1 of the authorities) in accordance with the provisions of chapter IV, to provide medical assistance to injured persons injury.
4. Test the portable measuring device for determining the concentration of alcohol in exhaled air (hereinafter measuring) corresponds to Cabinet requirements instruments that determine the concentration of alcohol in exhaled air.
5. Medical examinations shall be certified or other specialty narkolog physician who referred to annex 1 treatment institution in which studies can be performed using the imūnmetod enzimatīv, gas chromatography and chemical method of toxicological investigation method and laboratory investigations performed by certified forensic experts-experts (hereinafter referred to as the specialized treatment institution) has mastered the medical test method for the determination of alcohol content in the blood and the illicit manufacture of narcotic drugs or intoxicating substances impact detection and legislation are laid down in the acquisition and diagnostic methods of the medical certificate (hereinafter referred to as the doctor).
6. A medical examination carried out on the basis of the law enforcement authorities (courts, public prosecution, police, municipal police) officers, State or local authorities, as well as commercial companies or other institutions for the driver or his authorized person written referrals indicating the reason for the medical examination (annex 2).
7. A medical examination carried out by a natural person, if she submitted medical institution submission (annex 3), which justified the need for checks and displays the identity documents. The application adds a medical check Protocol.
II. the alcohol concentration test of exhaled air, carried out by the national police, municipal police, State border guards and national probation service officer 8. concentration of Alcohol in the air exhaled persons checked: 8. The national police, the municipal police or national guard personnel to confirm or refute the facts or conduct an objective review of the case of the offence committed;
8.2. National probation service officer to verify that the customer has been using the probation alcohol and arrived: 8.2.1. National probation service or forced labour instead of executing criminal sanctions-forced labor-prison time;
8.2.2. National probation service within the inspection of the Court or of the part of the sentence served;
8.2.3. National probation service agreement on postpenitenciār assistance during operation;
8.2.4. the probation program.
9. Checks by person receiving oral consent.
10. If the concentration of alcohol in the air exhaled by check is not possible or the person under examination does not agree with the test and its results, State police, local police or the national border guards, but that rule 8.2. in the cases referred to in point – State probation officers with probation customer's consent as soon as possible deliver the person to the medical institution, medical inspection.
11. examination of the Person by making two measurements with a 15-20 minute intervals. Measuring the concentration of alcohol in the air exhaled, subject to the requirements of the legislative instruments Act on these conditions, it is comparable to alcohol concentration in the blood.
12. If the measurement of the concentration of alcohol found in exhaled air, national police, municipal police, State border guard officer or State probation officers make up the person's inspection Protocol (annex 4). The protocol adds the meter prints, showing the measurements specified in the Protocol.
13. with the signature of the Person certifying that he has read the report and agrees with the results of the inspection.
14. If the exhaled air found in the alcohol concentration exceeds 0.5 per mille (inclusive), inspection expenses 11 lats shall be borne by the person being tested.
15. paragraph 14 of these rules are not applied to the State probation officers carried out checks of alcohol content in exhaled air.
III. Medical check-up scheme 16. Medical examination includes: 16.1. effects of alcohol, drugs, psychotropic, toxic substances or medication fact check after the name of the person to be examined;
16.2. the external appearance (including bodily injury or lack of validity), mental and emotional condition, behavior, speech, vegetative and somatic movement coordination, alcohol or other smells;
16.3. alcohol, narcotic, psychotropic or toxic substances or medication fact finding, determining alcohol concentration in exhaled air, as well as through blood, urine or saliva (hereinafter referred to as the biological environment) laboratory studies. The results of the examination and the entry checklist.
17. before the medical examination the doctor will make sure about the identity of the person to be examined after the identity document. If the identity document is not displayed, the medical examination of the person under examination in the protocol description the external signs and indicates that personal data be examined orally after identified a person's name or by data provided by the person that the person brought the medical institution.
18. in determining alcohol concentration in exhaled air, do two measurements with the 15-20 minute intervals. Measuring the concentration of alcohol in the air exhaled, subject to the requirements of the legislative instruments Act on these conditions, it is comparable to alcohol concentration in the blood.
19. Alcohol concentration determination of biological laboratory environment using the imūnmetod or enzimatīv gas chromatography method.
20. in order to identify the illicit manufacture of narcotic drugs, psychotropic or toxic substances, medical examination, the laboratory investigates the biological environment, using the chemical toxicological investigation methods. Laboratory investigations certified forensic experts-professionals.
21. If the medical examination of alcohol, narcotic, psychotropic or toxic substances for the detection of the impact cannot be performed in full or check is difficult to test a person's overall situation, assess the identifiable clinical signs and laboratory investigations are carried out in two different biological environments.
22. Treatment of samples of biological environment (except urine) laboratory examinations in accordance with the provisions of annex 5 of having medical treatment person in the presence of the consignor. Urine samples taken under the supervision of a person for treatment.
23. in order to determine the concentration of alcohol in the biological environment, material samples for laboratory examination shall be transferred together with the shipping of alcohol detection biological environment (annex 6). Dispatch the medical name of the person who took the sample (treatment referrals in person signed and record confirmed by a stamp).
24. the samples of the material chemical toxicological investigation be transferred together with the shipment of the chemical toxicological investigation (annex 7). Dispatch the medical name of the person who took the sample (treatment referrals in person signed and record confirmed by a stamp).
25. If the clinical examination results do not correspond to the results of the laboratory examinations (a substance not found), samples of biological environmental medical establishment sent specialist medical authority for repeated testing (laboratory examinations). After repeating the results of laboratory examination of the doctor who performed the medical examination, the definitive opinion.

26. If the clinical examination results do not correspond to the results of the laboratory examinations (a substance not found), and the first biological laboratory investigations of the environment carried out a specialized medical institution, and the organic material in the sample environment laboratory of the definitive findings of the investigation provides another specialized hospital's doctor.
27. Medical examination Protocol shall be drawn up in duplicate in the doctor (8 or 9). If, in addition to performing chemical toxicological investigations, medical examination protocol adds chemical Toxicological findings (annex 10). Medical examination Protocol assigns a number, as well as log (annex 11) a record of the examination and other necessary data about a person, which is alcohol, narcotic, psychotropic or toxic substances.
28. in the opinion of medical examination protocol impact of alcohol is indicated when the concentration of alcohol in the person's blood to be tested exceeds 0.5 per mille (inclusive), or the concentrations of other biological environment.
29. Medical test report detailed results produced by these rules, determine and approve the activities of one of the following test conditions: the person is not found ABV 29.1. impact;
29.2. the illicit manufacture of narcotic drugs have been found, the psycho tropical or toxic effects of substances;
29.3. not alcohol, narcotic, psychotropic or toxic effects of substances, but has no functional State disorders which need need avoid increased hazard location;
29.4. the effect of alcohol is detected;
29.5. the illicit manufacture of narcotic drugs, psychotropic or toxic effects of substances;
18.4. the alcohol and narcotic, psychotropic or toxic effects of substances at the same time;
18.5. have found particular use of a substance, but not the facts found in the illicit manufacture of narcotic drugs, psychotropic or toxic effects of substances;
29.8. is found under the influence of alcohol;
29.9. have found the illicit manufacture of narcotic drugs, psychotropic substances or toxic intoxication;
29.10. have found drug intoxication.
30. Medical examination Protocol shall be drawn up and delivered the opinion of the person's State of health at the time of examination.
31. One copy of the minutes of the examination of medical authority shall forward the applicant a medical check (sender). A second medical examination, copies of the report committal to check or personal application, the results of the laboratory examinations, as well as logs stored in a medical institution for five years.
32. the results of medical examination, the person shall notify the test orally. At the request of the person being tested her oral issued a written statement of the medical examination results.
33. Medical examination protocol signature verifiable person, stating that she has carried out the medical examination.
34. If a person refuses to be tested from a medical check, refusing to put organic environmental samples for laboratory investigation, is unable to sign or refuses to sign the minutes of the examination, as well as attempts to engage in activities that may affect the results of the examination, the doctor checks the medical Protocol. The fact of the waiver of medical examination medical examination protocol specifies the "opinion" section (if possible, the opinion provides, in the light of the results of clinical investigations, and indicate that the opinion is based on the clinical simptomātik).
35. If the inspected person disagrees with the results of the examination, the person being tested during the month is entitled to request for the investigation of biological environmental laboratory specialized medical institution which the definitive opinion of the doctor.
36. If the inspected person disagrees with the results of the examination and the first check was carried out in a specialized medical institution, the person being tested during the month is entitled to request for the investigation of biological environment in the laboratory. Final opinion after laboratory receipt of the results of the study provide other specialized hospital's doctor.
IV. Alcohol, narcotic, psychotropic or toxic substances impact detection, providing medical assistance in the event of injury to the patient, 37. If a person suffered a traffic accident, accident at work or made another injury and delivered in any medical institution, medical doctor who provides medical assistance, outpatient or inpatient medical card of the patient (medical dossier) indicates whether or not the person is an alcoholic, narcotic, psychotropic or toxic substances, clinical signs, as well as data on biological environmental sampling for the detection of certain substances.
38. The medical establishment ensure biological environmental sampling, storage and laboratory examination to detect clinical signs of alcohol and also in the case of other drugs, psychotropic or toxic substances possible presence.
V. medical inspection procedures cover 39. If a medical examination is carried out on the basis of this rule 6, paragraph shipping, inspection expenses shall be borne by the shipper.
40. If a medical examination is carried out on the basis of this rule 6, paragraph dispatch, and the person to be tested in medical examination found that the concentration of alcohol in the blood exceeds 0.5 per mille (included) or appropriate concentration in other biological environment, also found that provision or 29.5, 29.6, 29.8., 29.9. or 29.10. referred to in condition, inspection shall be borne by the person to be tested, by payment of the amount of the amount of costs and expenses in the budget of the sending account.
41. If a medical examination carried out in accordance with the application of the person under examination, the examination shall be borne by the person being tested.
42. the inspection shall be borne by the applicant checks again.
43. the transfer of the funds of the hospital's account provides the sender, but if the test is carried out in accordance with the person's application, the applicant.
Vi. Closing questions 44. Be declared unenforceable in the Cabinet of 23 august 2005 rules No. 625 "alcohol, narcotic, psychotropic or toxic substances impact test procedure" (Latvian journal, 2005, nr. 135; 2007, nr. 11, 206).
45. with regard to the national probation service terms apply to July 1, 2009.
46. This provision provided for in paragraph 5 of the medical condition required medical and diagnostic methods certificate shall enter into force on 1 January 2009.
Prime Minister i. Godmanis instead of the Minister of Justice, Minister of Economic Affairs k. Gerhard Editorial Note: the entry into force of the provisions to the 7 June 2008.
   
1. the annex to Cabinet of Ministers of 2 June 2008. Regulations No 394 medical institutions that carry out a medical examination of alcohol, narcotic, psychotropic or toxic substances for the detection of the following medical institutions, which carry out a medical examination of alcohol, narcotic, psychotropic or toxic effects of substances on the basis for the detection of referrals or people under submission: 1. public limited liability company "Riga psychiatric and addiction centre".
2. public limited liability company "Daugava hospital".
3. limited liability company "Ģintermuiž", "Hospital".
4. Limited liability company "seaside hospital".
5. Liepājas City Council authority "liepājas regional hospital".
6. Municipal limited liability company "Rezekne hospital".
7. Municipal limited liability company "Ventspils hospital".
8. Limited liability company "Aizkraukles hospital".
9. Limited liability company "Alūksne hospital".
10. Prize district municipal agency "award in the hospital".
11. Limited liability company "Bauska hospital".
12. public limited liability company "State Hospital of Straupe".
13. the Cēsis district municipal agency "Cēsis district hospital".
14. Limited liability company "Dobele and surroundings in the hospital".
15. the Gulbene district municipal limited liability company "gulbenes hospital".
16. Limited liability company "Jēkabpils district Central Hospital."
17. Limited liability company "Krāslava hospital".
18. Limited liability company "Kuldīga hospital".
19. Limited liability company "priekule hospital".
20. Limited liability company "Limbaži hospital".
21. Limited liability company "Ludza district hospital".
22. Madona district municipal limited liability company "Madona hospital".
23. Limited liability company "OGRE district hospital".
24. Limited liability company "Preili hospital".
25. Līvāni District Council municipal limited liability company "Līvāni hospital".
26. Riga District municipal limited liability company "Riga region hospital".
27. the limited liability company "Saldus Medical Center".
28. the Talsi district municipal limited liability company "talsu hospital".

29. the Tukums District Council agency "Tukums hospital".
30. Limited liability company "Red Cross Hospital smiltene".
31. Limited liability company "Vidzeme hospital".
In place of the Minister of Justice, Minister of Economic Affairs k. Gerhard annex 2 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard annex 3 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard annex 4 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard annex 5 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 material sampling for laboratory examinations and their storage i. sampling of materials determination of alcohol in biological environment and their storage 1. Blood sample taken 15-20 ml of blood from the superficial veins in the vakutainer treated with heparin.
2. Puncture site skin treated with furacilīn solution (1:5000), rivanol solution (1:500) or other alcohol-free disinfectant solution. Banned skin treated with ether and alcohol solution.
3. Immediately after blood sampling vakutainer content multiple times easy to shake.
4. the urine sample taken 15-20 ml of urine in a dry disposable container, leaving air as possible above the sample surface. Seal the container.
5. the saliva sample take 10 ml of saliva dry disposable container, leaving air as possible above the sample surface. Seal the container.
6. Containers and vakutainer with samples, sealed and stored in a closet where the ice temperature is not higher than 4 ° C.
7. every container and vakutainer is the label with the model number, the date and time of sampling, the person's first name, last name, year of birth, or social security number and medical treatment person's name who took the sample.
8. After consideration of the laboratory examinations on the remaining portion of the sample Chamber and remove the possible control studies 35 days stored in a refrigerator where the temperature is not higher than 4 ° C. After the period of the sample destroyed, and draw up a certificate of unserviceability. 
II. sampling of the material chemical toxicological investigation and their storage 9. Urine sample of 100-200 ml of urine in a dry disposable container. The container with the lid closed. Urine samples require no preservatives.
10. Blood samples to take 20-30 ml of blood from the superficial veins in the vakut ' selected, treated with heparin.
11. Puncture site skin treated with furacilīn solution (1:5000), rivanol solution (1:500) or other alcohol-free disinfectant solution. Skin treated with prohibited ethers and alcohol solution.
12. Immediately after blood sampling vakutainer content multiple times easy to shake.
13. the saliva sample take 10 ml of saliva, where it is suspected that a person has used narcotic substances.
14. After the saliva sampling oral rinse with 10-20 ml of 70% ethanol (to prevent swallowing, the alcohol saturates with sodium chloride).
15.14 of this annex and paragraph washings is mixed together in the same container.
16. paragraph 13 of this annex in the case of a person under examination also takes nomazgājum out of hand. Nomazgājum from the Palm of the hand and fingers, rubbing is obtained with wool, soaked in 70% ethanol.
17. The swab packaged separately from the washings and saliva (for investigation would also be sent individually packed clean cotton swab).
18. the saliva sample and washings are taken by person and the investigation of sampling for the determination of alcohol content.
19. Containers and vakutainer with samples stored in a refrigerator where the temperature is not higher than 4 ° C. If you need more storage, samples of materials placed in the refrigeration Chamber. 
20. the samples, which investigates to determine cocaine, tranquilizers and tropān alkaloids, immediately frozen and stored in a refrigeration Chamber. 
21. every container and vakutainer is the label with the model number, the date and time of sampling, the person's first name, last name, year of birth, or social security number, shipping protocol number, the name of the substance, the determination of which study designed and treatment first and last name of the person who took the sample.
In place of the Minister of Justice, Minister of Economic Affairs k. Gerhard annex 6 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard annex 7 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard Annex 8 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard Annex 9 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard annex 10 of the Cabinet of Ministers in 2008. June 2, Regulation No. 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard annex 11 of the Cabinet of Ministers of 2 June 2008. Regulations No 394 in the place of the Minister of Justice, Minister of Economic Affairs k. Gerhard