On psychiatric assistance (statements of the Mejlis of Turkmenistan, 1993, no. 9-10, art. 65) (with changes and additions made by the Turkmenistan law dated 18.04.2009, no. 32-IV) section i. General provisions article 1. Psychiatric care and principles provide psychiatric care includes a survey of mental health of citizens on the grounds and in the manner established by the present law and other laws of Turkmenistan, diagnosis of mental disorders, treatment, care and medico-social rehabilitation of persons. suffering from mental disorders, including alcoholism, drug addiction, substance abuse (hereinafter referred to as persons suffering from mental disorders).
Mental health care to persons suffering from mental disorders, is guaranteed by the State and is based on the principles of the rule of law, humanity and respect for human rights.
 
Article 2. The legislation of Turkmenistan on psychiatric assistance Law of Turkmenistan on psychiatric assistance shall consist of the present law and other legislative acts of Turkmenistan.
Legislative acts of Turkmenistan cannot restrict the rights of citizens and ensure their compliance in the provision of mental health care, provided by the present law.
If an international treaty, the participation of Turkmenistan, stipulates other rules than those stipulated by the legislation of Turkmenistan on psychiatric assistance, the rules of the international treaty shall apply.
 
Article 3. The application of this Act, This Act applies to the citizens of Turkmenistan in the provision of psychiatric care and applies to all institutions and individuals providing mental health care in the territory of Turkmenistan.
Foreign nationals and stateless persons on the territory of Turkmenistan, in the provision of psychiatric care enjoy all the rights established by this Law, on the same footing as Turkmen citizens.
 
Article 4. Voluntary treatment for psychiatric care, mental health care is provided for voluntary treatment of persons or with his consent, except as otherwise provided in this law.
A minor under the age of 15 years, as well as the person who, in the manner prescribed by law incapable, psychiatric care is provided at the request or with the consent of their legal representatives in accordance with the procedure stipulated by this law.
 
Article 5. The rights of persons with mental disorders, persons with mental disabilities are entitled to all rights and freedoms of citizens guaranteed by the Constitution of Turkmenistan and the legislation of Turkmenistan. Restriction of citizens ' rights and freedoms associated with a mental disorder, is permissible only in the cases stipulated by this law.
Any person suffering from a mental disorder, in the provision of psychiatric care have the right to:-respect and humane treatment precluding humiliation of human dignity;
-obtain information about their rights, as well as in accessible form and in accordance with their mental state information about the nature of existing mental disorders and treatment methods used;
-mental health care in the least restrictive conditions possible at the place of residence: content in a psychiatric hospital only for the period necessary for examination and treatment;
-all treatments (including sanatorium) for medical reasons;
-provision of psychiatric care under conditions appropriate sanitary-hygienic requirements;
-prior consent and refusal at any stage from being used for medical testing means and methods, scientific research or educational process from photo, video or filming;
invitation upon request of any professional mental health care, with the latter's consent to work in medical Commission on matters governed by this law;
-obtaining their consent to treatment or the consent of the legal representative of a minor under the age of 15 years and persons, recognized in the manner prescribed by law incapable, or refuse treatment, except in cases of the use of coercive measures of a medical nature or involuntary hospitalization and emergency hospitalization cases;
-appeal against unlawful acts by health authorities and officials that infringe their rights and legitimate interests;
-the assistance of a lawyer, legal representative or other persons in the manner prescribed by law.
Limitation of the rights and freedoms of persons suffering from mental disorders, only on the basis of psychiatric diagnosis, the facts under medical observation in a psychiatric hospital or in a Psychoneurological establishment for social welfare or special education is not allowed.
 
Article 6. Limitation execution of specific occupations and activities with high risk
 

A citizen may be temporarily (for a period not exceeding five years and with the right of re-examination) recognized unfit due to mental disorder to fulfil specific occupations and activities with high risk. Such a decision is made by the Medical Commission authorized the health authority, based on an assessment of the health status of citizens in accordance with the list of medical contra-indications and may be appealed in court.
List of medical contraindications for specific occupations and activities with high risk, approved by the Cabinet of Ministers of Turkmenistan. Section of the list, concerning psychiatric contraindications, periodically (at least once every five years) was being revised in the light of experience gained and scientific advances.
 
Article 7. Representation of citizens who receive psychiatric care citizen for mental health care has the right to invite a representative of their choice in order to protect their rights and legitimate interests. Registration of representation shall be made in the manner prescribed by civil and civil procedural legislation of Turkmenistan.
Protection of the rights and legitimate interests of a minor under the age of 15 years and persons, recognized in the manner prescribed by law incapable, in the provision of psychiatric care, exercise their legal representatives (parents, adoptive parents, guardians), and in their absence-the administration of psychiatric hospital or psycho-neurological institutions for social welfare or special education.
The administration of the institution, providing psychiatric care, provides the possibility of inviting counsel, except in cases of emergency, stipulated in paragraph "a" of the part 5 of article 21 and paragraph "a" of article 28 of this law.
 
Article 8. Prohibition requirements mental health status information when implementing a citizen his rights and freedoms, the requirement for the provision of information about the State of his mental health surveys his psychiatrist shall be permitted only in cases stipulated by the laws of Turkmenistan.
 
Article 9.  Preserving medical confidentiality in mental health care Information about the presence of a mental disorder, citizen facts treatment for psychiatric care and treatment in a psychiatric hospital, as well as other information about his mental health are a medical secret protected by the law.
Post the information specified in paragraph 1 of this article, shall be permitted only to the legal representatives of the citizen, the doctors in connection with the conduct of their examination or treatment, organs of the Procurator's Office, the investigation and inquiry in connection with the conduct of investigations and the Court, as well as in other cases stipulated by law. Is permitted providing medical data for teaching and research.
 
Article 10. Diagnosis and treatment of persons suffering from mental disorder Diagnosis mental disorder is put in accordance with generally accepted international standards and cannot only be based on disagreement with the citizen society, moral, cultural, political or religious values or other causes not directly related to the State of his mental health.
Survey and treatment of mentally disordered persons, apply medications and methods permitted in the manner prescribed by the legislation of Turkmenistan.
Medical tools and methods are applied only for therapeutic purposes, in accordance with the nature of painful disorders, and should not be used to punish a person suffering from a mental disorder, or for the benefit of others.
 
Article 11. Consent to treatment treatments a person suffering from a mental disorder, after getting his or her consent, except as provided by paragraph 4 of this article.
The physician must provide the person with a mental disorder, with information on the nature of his mental disorder, objectives, methods, including alternative and the recommended duration of treatment, as well as the pain sensations, possible risks, side effects and expected results. On consent to treatment is made an entry in the medical records.
Consent to treatment of a minor under the age of 15 years, as well as those recognized in the manner prescribed by law incapable, given their legal representatives after reports the information provided by paragraph 2 of this article.
Treatment can take place without the consent of a person suffering from a mental disorder, or without the consent of his legal representative only if the imposition of coercive measures of a medical nature by a court decision, as well as with the involuntary hospitalization on the grounds provided for in article 28 of this law. In these cases, except for urgent treatment is applied by decision of the Commission of psychiatrists.
In respect of the persons referred to in part four of this article, an application for treatment of mental disorders, surgical and other methods that cause irreversible consequences, as well as the testing of medicines and methods is not allowed.
 
Article 12. Refusal of treatment
 

A person suffering from a mental disorder, or his legal representative shall have the right to refuse or terminate the proposed treatment, except as provided by paragraph four of article 11 of this law.
Person who refuses treatment, or his legal representative shall be explained the possible consequences of refusing or stopping treatment. Refusal of treatment may be grounds for discharge from hospital.
Refusal of treatment is drawn up, signed by the person suffering from a mental disorder, or his legal representative psychiatrist with showing a summary of the possible consequences of refusing treatment.
 
Article 13.  Coercive measures of a medical nature coercive measures of a medical character applied by the Court in relation to persons with mental disorders who have committed socially dangerous acts on the grounds and in the manner established by the legislation of Turkmenistan.
Persons exempt from criminal liability or punishment in connection with a mental disorder and placed in a psychiatric hospital on a court decision on the application of coercive measures of a medical nature are recognized as disabled and are entitled to a State social insurance benefit or retirement on a common basis throughout the period of stay in the hospital. During his stay in the hospital, these persons enjoy all rights provided for in article 36 of this law.
 
Article 14.  Forensic psychiatric examination the forensic psychiatric examination in criminal and civil matters are made on the grounds and in the manner prescribed by the code of criminal procedure, civil, civil procedure legislation of Turkmenistan.
 
Article 15. Psychiatric examination to decide the validity of a citizen to military service the grounds and procedure for outpatient and inpatient survey when deciding on the validity of a citizen as his mental health for military service are determined by the legislation of Turkmenistan on military service and the present law.
 
SECTION II. PROVISION of PSYCHIATRIC CARE and social protection of persons with MENTAL DISORDERS Article 16. Types of psychiatric care and social protection guaranteed by the State, the State guarantees:-urgent psychiatric care;
-konsul′tativna-diagnostic, therapeutic, psihoprofilaktičeskaâ, rehabilitation assistance in community-acquired and hospital;
-all types of psychiatric examination, determination of temporary incapacity for work;
-social and household assistance and job placement of persons with mental disorders;
-address issues of custody;
-legal counselling and other forms of legal assistance in psychiatric and Psychoneurological institutions;
-socio-domestic unit for the disabled and the elderly, the mentally ill, as well as care for them;
-learning disabilities and minors suffering from mental disorders;
 -psychiatric assistance in case of natural disasters and catastrophes.
To ensure that persons suffering from mental disorders, psychiatric care and social welfare state:-creates all kinds of institutions that provide inpatient and vnebol′ničnuû, if possible, at the place of residence of patients;
-organizes educational and vocational training of minors suffering from mental disorders;
-creates a medical-industrial enterprise for occupational therapy, learning new skills and employment in these enterprises of mentally disordered persons, including persons with disabilities, as well as special production shops or sites with light-weight conditions for such persons;
-establishes a mandatory quota of jobs in enterprises, institutions and organizations for the employment of persons with mental disabilities, in accordance with the law;
-creates homes for persons with mental disorders who have lost social connections;
-adopt other measures necessary for the social support of persons stradaûših mental disorders.
Providing all types of psychiatric care and social protection of persons with mental disorders is carried out by State authorities, local executive bodies and local governments in accordance with their competence as defined by the legislation of Turkmenistan.
 
SECTION III. INSTITUTIONS AND INDIVIDUALS PROVIDING MENTAL HEALTH CARE. Rights and duties of health workers and other professionals Article 17. Institutions and individuals providing mental health care mental health care have licensed public, private psychiatric and Psychoneurological institutions and private practitioners-psychiatrists. The procedure for granting licences for the provision of mental health care is established by legislation of Turkmenistan.
Types of mental health care, provided by psychiatric and Psychoneurological institutions or private practitioners-psychiatrists shall be specified in the statutes or licenses; they should be accessible to visitors.
 
Article 18. The right to the delivery of mental health care
 

The right to medical activities to provide psychiatric care has only psychiatrist who received higher medical education and confirmed their qualifications in the manner prescribed by the legislation of Turkmenistan. In exceptional cases, it is possible to provide primary mental health care by health professionals as prescribed by the Ministry of health of Turkmenistan.
Other specialists and medical personnel involved in the provision of mental health care, should in order to be determined by the legislation of Turkmenistan, special training and confirm their qualification for admission to the independent work with persons suffering from mental disorders.
The activities of persons providing psychiatric care based on medical duty and ethics and is carried out in accordance with the principles set forth in this Act.
Establishing the diagnosis of mental disorders and the adoption of a decision or conclusion of a dacha for judicial consideration of the provision of psychiatric care in involuntarily were the exclusive right psychiatrist or Commission of psychiatrists.
 
Article 19. Independence of the psychiatrist in the provision of psychiatric care psychiatrist is independent in its decisions when establishing diagnosis, performance of duties related to the delivery of persons suffering from mental disorders, medical treatment and possible prevention of socially dangerous action, and is guided only by medical indications, medical debt and the law.
Psychiatrist, whose opinion does not coincide with the opinion of the Medical Commission members have the right to express their views, which is attached to medical documentation.
 
Article 20. Guarantees and benefits for doctors-clinicians, other health professionals and other personnel involved in the provision of psychiatric care psychiatrists and other specialists, medical and other personnel involved in the provision of psychiatric care, are entitled to benefits and compensation established by the legislation of Turkmenistan for persons engaged in activities under the special conditions of work, and are also subject to compulsory State insurance in case of injury to health or death attributable to the performance of official duties.
In the case of personal injury, resulting in temporary loss of ability to persons engaged in the provision of psychiatric care, he is paid the sum insured is within its annual salaries depending on the severity of the damage. Upon the occurrence of disability the insured amount is paid in the amount of the annual allowances pâtiletngo up depending on the degree of disability of the person, and in case of his death his heirs the sum insured shall be paid at the rate of tenfold annual salaries.
 
SECTION IV. TYPES of PSYCHIATRIC HELP and its PROVISION of Article 21. Primary psychiatric examination of Primary psychiatric examination is considered to be osvidetelstvovaniem by a psychiatrist or medical Commission, created by the State medical-prophylactic institution engaged in mental health care, a person who has not previously received psychiatric care in this or other similar institution or filmed with the dispensary observation with regard to the recovery or significant improvement in mental state.
Primary psychiatric examination is conducted to determine whether the target person suffers from a mental disorder, and whether it needs psychiatric help.
Primary psychiatric examination, as well as prophylactic examinations are conducted at the request or with the consent of the subject; against a minor aged under 15 years-at the request or with the consent of his parents or other legal representative; in respect of a person, recognized in the manner prescribed by law incapable, at the request or with the consent of his legal representative. In case of objection of one parent or in the absence of parents or other legal representative of a minor inspection is carried out by decision of the tutelage and guardianship authorities, which can be appealed in court.
The examining physician primary psychiatric examination, must introduce myself while and his legal representative as a specialist-psychiatrist.
Primary psychiatric examination of a person can be held without his consent or without the consent of his legal representative in cases where subjects were reportedly commits acts which give reason to assume that it has severe mental disorder that determines: (a)) its immediate danger to themselves or others, or b) his helplessness, that is the inability to start to meet the basic necessities of life, or in) substantial harm to his health deteriorating mental state If the person is left without psychiatric care.
Primary psychiatric examination of a person can be held without his consent or without the consent of his legal representative, if the survey is under medical observation on grounds provided for by part one of article 26 of this law.

Primary data for a psychiatric examination and conclusion on the mental health of the subject is captured in the medical records, which are also reasons for a doctor-psychiatrist and medical advice.
 
Article 22. Primary psychiatric examination of a person without his consent or without the consent of his legal representative in cases provided by paragraph «а» part five and part six article 21 of this law, the decision on primary psychiatric examination of a person without his consent or without the consent of his legal representative was adopted by a psychiatrist yourself. Treatment of officials and citizens to the psychiatrist in this case may be oral. A person who is the source of information about the alleged ill-health of the citizen, is responsible for the accuracy of the information.
In cases stipulated in points "b" and "b" part five article 21 of this law, the decision on primary psychiatric examination of a person without his consent or without the consent of his legal representative was adopted by a psychiatrist on the order of a judge.
 
Article 23. The procedure for submitting applications and deciding on the primary psychiatric examination of a person without his consent or without the consent of his legal representative decision on primary psychiatric examination of a person without his consent or without the consent of his legal representative, except under part six article 21 of this law was adopted by a psychiatrist on the statement containing the information about the existence of grounds for such clearances listed in part 5 of article 21 of this law.
The application may be filed by the relatives of a person subject to a primary psychiatric examination, a doctor of any medical specialty, officials and other citizens.
In urgent cases, when a person is reported to an immediate danger to themselves or others, the statement may be oral. Decision on primary psychiatric examination was adopted by a psychiatrist immediately and is issued an entry in the medical records.
If there is no immediate risk to themselves or others the statement of primary psychiatric examination must be in writing, contain detailed information justifying such an examination and an indication of the failure of a person or his legal representative from treatment to a doctor-psychiatrist. Psychiatrist may request additional information necessary for a decision. Finding that the statement had no data indicating the circumstances stipulated in points "b" and "b" part five article 21 of this law, psychiatrist in writing, motivated denies primary psychiatric examination.
Setting the validity of allegations of primary psychiatric examination of a person without his consent or without the consent of his legal representative, psychiatrist directs the Court of domicile of his written reasoned opinion on the need for such an examination, as well as the statement of examination and other available materials. The judge shall rule within three days of receipt of all materials. The judge may be appealed to the Court in the manner prescribed by the code of civil procedure.
 
Article 24.  Types of outpatient psychiatric care Outpatient mental health care to a person with a mental disorder, depending on medical evidence is provided in the form of advisory and medical assistance or dispensary observation.
-Consultative-therapeutic care is provided by a psychiatrist State medical facility or another psychiatrist at self-treatment of a person suffering from a mental disorder, at his request or with his consent in respect of a minor under the age of 15 years-at the request or with the consent of his parents or other legal representative.
Clinical supervision can be installed irrespective of the consent of a person suffering from a mental disorder, or his legal representative in cases provided for by part one of article 26 of this law, and presupposes monitoring of mental health through regular inspections by a psychiatrist and the provision of outpatient medical and social assistance.
 
Article 25.  Tasks of the outpatient psychiatric care Outpatient psychiatric care have State, cooperative, private treatment and prevention, as well as private practitioners-psychiatrists. The volume of outpatient mental health care, provided by therapeutic and prophylactic institution, should be reflected in its statutory documents and posted for the information of visitors. The volume of outpatient psychiatric care provided psychiatrist outside medical-pofilaktičeskogo institutions shall be determined by agreement of the parties.
Public medical institutions providing outpatient mental health care, carry out:-primary psychiatric examination;
-consultative-diagnostic, curative and psihoprofilaktičeskuû care;
-clinical supervision;

-social and household and legal assistance, including representation of the interests of persons suffering from mental disorders;
-consultations on legislation on the rights of persons suffering from mental disorders;
-the definition of temporary incapacity for work;
-psychiatric examination;
-together with the bodies of the local authorities and social welfare authorities to promote employment of persons with mental disorders;
-participation in matters of guardianship in relation to a person, recognized in the manner prescribed by law incapable;
-interaction with psychiatric hospitals on hospitalization, discharge and follow-up, as well as the continuity of treatment, social and labour adaptation of persons suffering from mental disorders;
-interaction with law enforcement agencies in preventing socially dangerous acts of persons suffering from mental disorders;
-Another vnebol′ničnuû psychiatric care.
 
Article 26. Clinical observation of clinical supervision can be established for a person suffering from chronic and prolonged mental disorder with severe persistent or frequent increasing painful manifestations.
 The solution to the question of the need to establish the dispensary observation and its termination is taken by a Commission of psychiatrists State medical facility that provides outpatient mental health care, or the Commission of psychiatrists appointed by the health authority.
The reasoned decision of the Commission of psychiatrists is issued an entry in the medical records. The decision to establish the dispensary observation or termination may be appealed in the manner prescribed by section IV of the present law.
Previously established clinical supervision is terminated during recovery or significant and steady improvement of the mental state of a person. After the cessation of dispensary observation outpatient psychiatric care at the request or with the consent or at the request or with the consent of his legal representative is provided in advisory and medical form. When you change the mental state of a person suffering from a mental disorder may be inspected without his consent or without the consent of his legal representative on the grounds and in the manner provided by paragraph 5 of article 21, articles 22 and 23 of this Act. Clinical supervision can be renewed in such cases-by decision of the Commission of psychiatrists.
 
Article 27. Reason for hospitalization in a psychiatric hospital grounds for hospitalization for psychiatric hospital are the existence of mental disorder and the decision by the psychiatrist about the conduct of the examination or treatment in a hospital or the judge's ruling.
Reason for placement in a psychiatric institution may also be a need to conduct a psychiatric examination and cases and in the manner established by the laws of Turkmenistan.
Placing person in a psychiatric hospital, except as provided in article 28 of this law, shall be carried out voluntarily, at his request or with his consent.
A minor under the age of 15 years shall be placed in a psychiatric hospital at the request or with the consent of his parents or other legal representative. A person recognized in the manner prescribed by law incapable, placed in a psychiatric hospital at the request or with the consent of his legal representative. In case of objection of one parent or in the absence of parents or other legal representative, the placement of a juvenile in a psychiatric hospital is carried out by decision of the tutelage and guardianship authorities, which can be appealed in court.
Obtained consent to hospitalization is issued an entry in medical documentation, signed by the person or his or her legal representative and psychiatrist.
 
Article 28. Reason for hospitalization in a psychiatric hospital involuntarily in a person suffering from a mental disorder may be hospitalized in a psychiatric institution without his consent or without the consent of his legal representative before the judge's order if his examination or treatment is possible only in stationary conditions, and mental disorder is severe and causes: a) its immediate danger to themselves or others, or b) his helplessness, i.e. inability to independently meet the basic necessities of life , or substantial harm) to his health deteriorating mental state if a person is left without psychiatric care.
 
Article 29. Security measures when providing psychiatric care for Inpatient psychiatric care is carried out in the least restrictive conditions that ensure safety of hospitalized persons and other persons with respect to his medical staff progressively the rights and legitimate interests.

Measures of physical restraint and isolation in the implementation of involuntary hospitalization and stay in a psychiatric hospital only apply in those cases, forms and at the time when, in the opinion of the psychiatrist, other methods cannot prevent involuntary actions persons representing a direct threat to himself or others, and implemented with constant supervision of medical personnel. On the forms and time to apply measures of physical restraint or isolation in the medical documentation.
Police officers are obliged to provide, assistance to health professionals in carrying out involuntary hospitalization and ensure a safe environment for access to gospitaliziruemomu face and its inspection. In cases where the need to avoid action endangering the life and health of the surrounding by the Member of the person or other persons, as well as the need to find and detain the person to be hospitalized, police officers act in the manner prescribed by the legislation of Turkmenistan.
 
Article 30. Examination of minors and persons recognized incapable, placed in a psychiatric hospital at the request or with the consent of their legal representatives of a minor under the age of 15 years and a person, recognized in the manner prescribed by law incapable, placed in a psychiatric hospital at the request or with the consent of their legal representatives are subject to mandatory inspection by the Commission of psychiatrists psychiatric institution in the manner prescribed by part one of article 31 this Act. During the first six months, these persons are subject to examination by the Commission of psychiatrists at least once a month to deal with the question of extension of hospitalization. When extending hospitalization of more than six months for the Inspection Commission of psychiatrists shall be held not less than once in six months.
In the event of the discovery of the Commission of psychiatrists or psychiatric hospital administration abuses during hospitalization, the legal representatives of a minor under the age of 15 years or a person recognized in the manner prescribed by law incapable, psychiatric hospital administration shall notify the Agency of guardianship and curatorship at the place of residence of the ward.
 
Article 31. Examination of persons placed in a psychiatric hospital in person involuntarily placed in a psychiatric hospital on the grounds provided for in article 28 of this law, shall be subject to mandatory inspection within 48 hours, excluding obŝevyhodnye and public holidays, the Commission of psychiatrists, which decides on the validity of the hospitalization. In cases where the emergency hospitalization is recognized unjustified and hospitalized does not express a desire to remain in a psychiatric hospital, he shall be subject to immediate discharge.
The Commission's opinion on the need for psychiatrists doctors emergency hospital admissions for 12:00 am after the survey is sent to the Court at the location of the psychiatric institution.
 
Article 32. Reference to the Court on the question of hospitalization in question involuntarily hospitalization in person in a psychiatric hospital involuntarily on grounds stipulated in article 28 of this law shall be decided in the courts at the location of the psychiatric institution.
Statement of hospitalization in person in a psychiatric hospital involuntarily is filed with the Court by a representative of the psychiatric institution where the person is located.
The statement, which must include the statutory reason for hospitalization in a psychiatric hospital in involuntarily, a reasoned opinion of the Commission attached psychiatrists about the necessity of further stay of a person in a psychiatric hospital.
Taking a statement, the judge at the same time it gives a person permission to stay in a psychiatric hospital for the period necessary for examination of the application in court.
 
Article 33. Consideration of the application of hospitalization in the statement of involuntarily hospitalization in person in a psychiatric hospital involuntarily judge hears in the five days since its adoption in court or in a psychiatric institution.
A person must be granted the right to participate in court considering his hospitalization. If according to the representative of the psychiatric institution, mental condition of a person does not allow him to participate in the consideration of the question of its admission to the Court, the application of hospitalization is considered by the judge in a psychiatric institution.
Participate in consideration of statements by the Prosecutor, a representative of the psychiatric institution, applying for admission, and the representative of the person in respect of whom the question of hospitalization is required.
 
Article 34. The judge's ruling on the application for involuntary hospitalization order having considered the application on the merits, the judge satisfies or rejects it.
The judge's ruling on an application is the reason for the hospitalization and continued detention of a person in a psychiatric hospital.

The judge's decision within ten days from the date of the issuance may be appealed by the person placed in a psychiatric hospital, his representative, head of psychiatric institutions, as well as the Organization, which by law or by its Charter (situation) has been granted the right to defend the rights of citizens, or the Prosecutor in the manner prescribed by the code of civil procedure.
 
Article 35. Extension of Stay involuntarily hospitalization of a person in a psychiatric hospital involuntarily lasts only for a time saving reason for which hospitalization was held.
A person placed in a psychiatric hospital in involuntarily during the first six months at least once a month is subject to examination by the Commission of psychiatrists psychiatric institutions to address the question of the extension of the hospitalization. When extending the hospitalisation of more than six months a Commission inspection carried out at least once every six months.
Six months after the placement of a person in a psychiatric hospital in involuntarily opinion of the psychiatrists of the need to extend such hospitalization is sent to the psychiatric institution administration in court. The judge in the manner provided for in articles 32-34 of this Act, the decision could prolong hospitalization. Further prolongation of hospitalization is produced annually by the judge.
Order extending hospitalization involuntarily under part 3 of this article, extend to persons who apply for court order coercive measures of a medical nature. Commission examination of such persons to verify the possibility of modification or termination of the measures of a medical nature and discharge from hospital are held at the suggestion of a primary care physician at any time, but not less than once in six months.
 
Article 36. Rights and duties of patients in psychiatric hospitals, the patient should be apprised of the grounds and purpose of placing it in a psychiatric hospital, his right and installed in the hospital rules in a language that he speaks of the entry in the medical records.
All patients are on treatment or examination in a psychiatric hospital, right:-to meet with a lawyer and a priest alone;
-perform religious rites to comply with religious law, including the post, in agreement with the Administration have (religious paraphernalia and literature;-serve uncensored (screening) complaints and statements in the organs of representative and executive authorities, the Prosecutor's Office, the Court and a lawyer;-subscribe to newspapers and magazines;-on an equal footing with other citizens receive remuneration in accordance with its quantity and quality, if the patient is engaged in productive work;-direct access to the Chief doctor or head office on treatment survey, statements and observance of the rights provided by this law;
-receive education on the programme of secondary school or a special school for children with impaired intellectual development, if the patient has not attained 18 years of age.
Patients also have the following rights, limited on the basis of their mental state on the recommendation of the head of the Office of the attending physician or by the Chief Medical Officer for the health or safety of patients or other persons;
-conduct correspondence without censorship:-use the telephone (in areas secured by the necessary level of telephones);
-to receive visitors;
-possess and acquire the basic necessities, to enjoy their own clothing.
Patients whose mental state able to take informed decisions, are required to comply with the internal rules established psychiatric day hospitals.
Paid services (individual subscription to periodicals, communication services, etc.) are carried out at the expense of the patient, to which they are provided.
 
Article 37. Responsibilities of the Administration and medical staff of the psychiatric hospital Administration and medical staff of the psychiatric hospital have a duty to create conditions for the implementation of the rights of patients, their relatives and legal representatives stipulated by this law, including:-ensure that living in a psychiatric hospital patients in all kinds of medical care;
-provide an opportunity to familiarize themselves with the text of this law, the internal regulations of the psychiatric hospital, addresses and phone numbers of State and public organs, institutions, organizations and officials who can be contacted in case of violations of the rights of patients;
-to ensure the conditions for correspondence, complaints and statements from patients in the organs of representative and executive authorities, the Prosecutor's Office, the Court, as well as a lawyer;
-during the 12:00 am from the moment the patient to a psychiatric hospital in involuntarily to take steps to alert residents in conjunction with relatives, legal representative or other person under his direction;
-to inform relatives or legal representative of the patient, and if not-another person under his direction on his health status changes and emergencies;

-to ensure the safety of patients in the hospital, to monitor the content of the parcels and broadcasts;
-establish and explain to the faithful patients rule that should benefit other psychiatric hospital patients observed in the performance of religious rites, and the procedure of inviting a priest, assist in the implementation of the right to freedom of conscience, believers and atheists;
-perform other duties stipulated by the law.
 
Article 38. Extract from the psychiatric hospital discharge from psychiatric hospital is made in cases of recovery or improvement in his mental state, which does not require further hospital treatment, as well as the completion of the survey or examination as a basis for placement in a hospital.
The reason for the patient's discharge freely is in a psychiatric hospital, is his personal statement, a statement of his or her legal representative or the decision of a doctor.
The reason for the discharge of a patient hospitalized in a psychiatric hospital in involuntarily, Commission may be psychiatrists or the judge's ruling on refusal to extend such hospitalization, which can be appealed by the head of the psychiatric institution to a higher court.
The reason for the patient's discharge to which court decision apply coercive measures of a medical nature, can only be decided by the Court.
A patient in a psychiatric institution voluntarily pomešennomu, možst be denied discharge if the Commission of psychiatrists are set bases for involuntarily hospitalization under article 28 of this law. In this case the questions his stay in a psychiatric hospital, prolong hospitalization and discharge from hospital are solved in the manner prescribed by articles 31-35 and part 3 of article 38 of this law.
 
Article 39. The grounds and procedure for persons in the neuropsychiatric institutions for social welfare reasons for placement in a Psychoneurological establishment for social security are personal statement of a person suffering from a mental disorder, and the opinion of the Medical Commission with the participation of the psychiatrist, and to a minor under the age of 18 years or a person recognized in the manner prescribed by law incapable, the decision of the Department of custody and guardianship, adopted on the basis of the findings of the Medical Commission with the participation of the psychiatrist. The conclusion should contain information about the persons mental disorder, depriving him of the opportunity to be in the nespecializirovannom institution for social security, and in regard to the capable person-and also that there were no grounds to raise before the Court the issue of recognition of him as lacking dispositive capacity.
The Department of custody and guardianship is obliged to take measures for the protection of property interests of persons admitted to a neuropsychiatric institutions for social welfare.
The decision of the Department of custody and guardianship can be appealed in court in the manner prescribed by the legislation of Turkmenistan.
 
Article 40. The grounds and procedure for the placement of minors in Psychoneurological establishment for special training Grounds for placing a minor under the age of 18 years, suffering from a mental disorder in a Psychoneurological establishment for special education are the application of his parents or other legal representative and the mandatory opinion of the Commission, consisting of a psychologist, educator and psychiatrist. The conclusion should contain information about the training needs of the minor in conditions of special schools for children with impaired intellectual development.
 
Article 41. The rights and duties of persons residing in the neuropsychiatric institutions for social welfare or special education and administration of these institutions persons residing in neuropsychiatric institutions for social welfare or special education, have the rights and obligations provided for in article 36 of this law.
Administration of psycho-neurological institutions for social welfare or special education is obliged at least once a year to conduct the commissions examination of persons living in it, in order to address the question of their future content of this institution, as well as about the possibility for review of their disability.
Responsibilities of the Administration and staff of the psycho-neurological institutions for social welfare or special education, to create conditions for the realization of the rights of persons living in it, establishes in article 37 of this law, as well as the legislation of Turkmenistan on social security and education.
 
Article 42. Translation and excerpt from psycho-neurological institutions for social welfare or special education, the basis for the transfer of a person from psycho-neurological institutions for social welfare or special education in an institution of social protection or education general type is the conclusion of a Commission of psychiatrists about the absence of medical indications for their stay or study in specialized psycho-neurological institution.
Reason for discharge from psycho-neurological institutions for social welfare or special education are:

-personal statement on the findings of the Medical Commission that for health reasons a person can live independently;
-statement of the parents, other relatives or legal representatives, agree to take care of alternatively minors under the age of 18 years or for a person, recognized in the manner prescribed by law incapable;
-the decision of the Court on unfounded premises in a Psychoneurological establishment for social welfare or special education.
 
Section v. CONTROL and prosecutorial SUPERVISION to PROVIDE PSYCHIATRIC CARE Article 43. Control and prosecutorial supervision of the provision of psychiatric care State control over the activities of the institutions, organizations and individuals providing mental health care, carry out local bodies of executive power.
Public health authorities, social welfare, education, as well as ministries and agencies having psychiatric and Psychoneurological institutions control activities within their jurisdictions, agencies and health agencies and private practitioners.
Overseeing the implementation of the Turkmenistan law "on mental health care, is carried out by the Prosecutor General of Turkmenistan and his subordinates. In accordance with the authority provided they take steps to restore the violated rights and the protection of the legitimate interests of persons suffering from mental disorders, hold violators accountable.
 
Article 44. Public control over the observance of the rights and legitimate interests of citizens with mental health care associations of psychiatrists, other public associations in accordance with their statutes (regulations) can monitor the rights and legitimate interests of citizens at their request or with their consent, in the provision of psychiatric care. Access to psychiatric and Psychoneurological institutions should be reflected in the statutes (regulations) of these associations and agreed with the authorities in charge of psychiatric and neurological institutions.
Representatives of public associations are obliged to agree on conditions for a visit with the administration of psychiatric or psycho-neurological institution, familiarize yourself with the rules in force in it, execute them and sign an undertaking of non-disclosure of medical confidentiality. They have the right to receive medical information, provided in this Law, with the consent of the persons receiving mental health care, or their legal representatives.
 
SECTION VI. APPEALS AGAINST DECISIONS and actions of MEDICAL WORKERS and officials to PROVIDE PSYCHIATRIC ASSISTANCE Article 45. Procedure for appealing the actions of medical workers, social welfare and education to provide psychiatric care, which violate the rights and lawful interests of citizens, as well as the decisions of the Medical Commission for recognition as a temporarily incapable due to mental disorder to perform certain professional activities and activities with high risk, can be appealed to a higher chain of command authority or official, and in the case of nesoglaiâ with the decision on the complaint to court in order prescribed by law for appeal against unlawful actions by State bodies and officials that infringe the rights and interests of citizens.
The complaint may be filed by a person whose rights and lawful interests are violated in the course of the provision of psychiatric care, his legal representative, as well as a duly accredited representative of the Association, acting in accordance with its statute (provision).
The diagnosis of mental disorder is not subject to appeal.
 
Article 46.  Deadlines for appeals and complaints procedure terms and procedure for consideration of complaints on infringement of the rights and legitimate interests of citizens in the provision of psychiatric care are governed by the legislation of Turkmenistan.
 
Article 47.  Liability for violation of this law for violation of this Act establishes the disciplinary, civil, administrative and criminal responsibility. Reason, the procedure for its imposition and the consequences are regulated by the current legislation of Turkmenistan.
Persons who violate the law and the principles of professional ethics, in accordance with the procedure established by law may be denied the right to practice as a psychiatric doctor or a specialist involved in the provision of psychiatric care.
 
 
President of Turkmenistan Saparmurat Turkmenbashi mountains. Ashgabat October 1, 1993
No. 869-XII