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Alcohol, Narcotic Drugs And Psychotropic Substances Impact Test Procedure

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

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Cabinet of Ministers Regulations No. 402 (No. 50, 27 ¤) Riga 1996 October 15 alcohol, narcotic drugs and psychotropic substances impact inspection procedure Issued under Cabinet installations of article 14 of the law 3 (I). General questions 1. terms used in the rules: 1. control apparatus, a device for determining the concentration of alcohol in exhaled air of the person being tested;
1.2. medical examination: the potential alcohol, narcotic drugs and psychotropic substances, the determination of the impact of medical institution and the results of the inspection protocol of fixation;
1.3. verification: the potential impact of alcohol detection for drivers using the control apparatus, and test results are maintained in the Protocol.
2. These rules shall determine the order in which the person is made of alcohol, narcotic drugs and psychotropic substances impact test in cases where the law provides for disciplinary, administrative or criminal liability for the use of those substances.
3. the medical examination shall be certified in medical institutions or narkolog certified doctors of other specialities that have received the appropriate medical test method. If necessary, a medical examination may also be other medical person with the appropriate certificate.
4. Driving test are eligible to take the State road police officers and State police precinct inspectors (in rural areas).
5. the medical examination is carried out on the basis of the law enforcement bodies (the public prosecutor, the courts, State or local police) officers, State and local government bodies, enterprises (company) (hereinafter referred to as the "sender") shipping to be the reason for a medical check.
6. the medical examination must be carried out within two hours from the moment of committing the crime.
7. Medical examination also allowed to make the request of the natural person if it submitted a reasoned application to the medical institution that is added to the medical examination protocol and displays the identity documents.
8. Medical examination results to the person under examination communicated orally, but by the person shall be issued, at the request of the medical opinion of the inspection certificate. The sender of the examination Protocol shall be issued on written request.
II. Medical inspection arrangements 9. Doctor who carried out a medical examination, the Protocol shall be drawn up in two copies, recorded in the medical results of the inspection and verification of the facts recorded in the logbook of the Minister of welfare in a fixed order.
10. the medical examination, the physician must verify the identity of the person under examination according to identity documents (passport, driving licence URu.tml.). If these documents are not displayed, the medical examination of the person under examination in the protocol description the external signs and indicates that personal data cleared verbally. If necessary, personal data under clear and relevant medical authority shall notify the police officers.
11. Medical examination a copy of the minutes and the log is stored in a medical institution for five years.
12. the minutes of the examination of the detailed description of the test person's external appearance, mental and emotional state, behavior, speech, somatic vegetative reactions, coordination disorders, alcohol smell, organic environment (exhaled air, blood, urine, saliva) results of laboratory studies, alcohol, the illicit manufacture of narcotic drugs or psychotropic substances and medication fact (after the name of the person to be examined or documents), as well as the bodily damage (if any) and record complaints about the test person bodily harm.
13. If the medical examination cannot be carried out in full or alcohol effects clinical symptoms are difficult to test in determining a person's overall situation (severe general condition, unconscious, out of the few studies, etc.), medical examination protocol record identifiable clinical symptoms indicate the reasons for the lack of study and give an opinion upon the results of laboratory examination in two different biological environments. Opinion on the impact of alcohol is given, if the alcohol concentration in the blood test persons reaching 0.5 [permil] and the corresponding concentrations of the different biological environment.
14. If the inspected party categorically renounce all types of medical tests or trying to take actions that could change the final results of medical examination, materials for administrative offences are sent to the Court. This fact record medical checklist.
15. After reading the results of medical examination, the person to be tested is attested by his signature medical checklist. If the person tested refuses to sign, the doctor made the entry medical examination protocol.
16. material samples for qualitative determination of alcohol in the biological environment and the chemical toxicological investigation is taken, stored and sent the Minister of welfare in a fixed order.
17. If the clinical examination results do not correspond to the results of laboratory analyses (lab found no alcohol signs of influence) or there is a conflict, the organic environmental samples must be sent to the national State and the Health Center for repeat testing.
18. After receipt of the results of a doctor who performs medical examination, give a final opinion.
19. The blood laboratory examination are taken only in exceptional cases by medical indications (serious injury, poisoning, etc.).
20. Alcohol, narcotic drugs and psychotropic substances for the quantification of biological environment uses fotokolorimetrij and Gas chromatographic methods.
21. check for expired air Minister of welfare in the standard used certificate approved control apparatus.
22. in the opinion of medical examination the doctor confirms one of the following conditions: the person checked 22.1. not alcohol, narcotic drugs and psychotropic substances;
22.2. the influence of alcohol with a blood alcohol content of 0.5 per mille, and more;
22.3. is found under the influence of alcohol;
22.4. alcohol is detected in a coma;
22.5. the illicit manufacture of narcotic drugs or psychotropic substances;
22.6. not alcohol, illicit traffic in narcotic drugs and psychotropic substances, but exhibit more functional State disorders which need to be free from contact with increased hazard conditions.
23. the degree of Intoxication of the examination opinion indicates.
III. payment procedure for medical examinations of 24. If the person being tested found alcohol and alcohol concentration in the blood reaches the concentration of 0.5 per mille, and according to another biological environment or the person to be tested was found to the illicit manufacture of narcotic drugs or psychotropic substances, the effects on the medical examination of persons referred to in the charge.
25. If a medical examination carried out by the rules referred to in paragraph 5 referrals or natural person, but the person is not found to be tested for alcohol, illicit traffic in narcotic drugs and psychotropic substances, the impact of the medical examination shall be borne by the consignor or the natural person.
26. the cost structure of medical examination: 26.1. the standing part;
26.2. the variable part.
27. the cost of medical examination includes the standing part with medical examination costs. The cost of the standing part according to the changes in prices of items are transparent and adjustable according to the price list approved by the Minister of welfare.
28. Medical examination cost variable part consists of additions to the interest of the standing part way. Depending on the size of the addition: 28.1. the number of inspections and medical costs in cases where the effects of alcohol is found, and the concentration of alcohol in the blood does not reach appropriate concentration 0.5 [permil] and in other biological environment;
28.2. the illicit manufacture of narcotic drugs and psychotropic substances, the impact of the number of medical examinations (including the chemical toxicological analysis).
29. paragraph 28 of these rules additions mentioned in the quarterly fixed treatment services manager for actual work done.
30. the transfer of the funds of the hospital's account and the recovery of the investigated persons provides the sender.
IV. determination of the effects of Alcohol to drivers using the control apparatus 31. In accordance with the provisions of paragraph 4 of the test permitted only with the written consent of the driver, and not less than two in the presence of witnesses, which is checked in a test report. Check out free and draw up a verification protocol (annex).
32. The examination shall be prohibited from using the apparatus of control if they: have not performed the pre-commissioning 32.1. testing;
32.2. the periodic testing is not carried out (every six months);
32.3. the permissible error exceeding 0.1 per mille.
33. The test report shall record the readings of the control apparatus. If the alcohol content in exhaled air reaches 0.5 per mille, administrative Protocol should be drawn up.
34. the inspection protocol driver with your signature certifies that the writing is informed of their rights within two hours after the test to take a medical examination.

35. If a driver refuses from the examination or does not agree with the test results, he must deliver to the medical institution, medical inspection in accordance with point 5 of these rules.
36. on the basis of the verification protocol, the driver can be held liable in accordance with the procedure prescribed by law.
37. the driver there's statutory liability: 37.1. If medical examination found the effects of alcohol and the alcohol concentration in the blood reaches the concentration of 0.5 per mille, and according to another biological environment;
37.2. If found in the illicit manufacture of narcotic drugs or psychotropic substances.
38. the examination of the accident site is not made: 38.1. driver, if it has the nature of traumatic injury;
23.7. other road traffic participants who suffered in a road accident.
Prime Minister a. slice Welfare Minister v. Makarova in the