What is a survey? This is a process that includes examination of someone or something by competent specialists, followed by the formation of an appropriate conclusion on the condition of the object being examined. This procedure is carried out in three forms: technical, criminal procedure and medical. In a particular case, it will be considered the latter category as the most relevant for people of various professions. The future of the person, his chances of getting a job or proper care, as well as the possibility of financial assistance or compensation for harm caused by exposure to physiology and the psyche of harmful factors depend on what conclusion the commission will give.
You should not refuse from the initial examination, since in fact it is an elementary entry of the parameters of the human body into the file of medical data. In some cases, the refusal is accompanied by a fine, although a person cannot be forced to undergo this procedure. What is a re-examination, consider a little lower.
In what cases is this medical procedure performed
Medical Examination produced in a number of cases, for example, every three years at military registration or to determine the level of intoxication. Refuse the examination can only be examined. However, there are many cases when, for one reason or another, doctors or inspectors force a person to refuse to conduct an examination under various pretexts. This behavior of medical personnel is unlawful, and each case is subject to trial. Only an experienced lawyer can help with this problem, since in practice there are far from isolated cases when not only failures occur, but the initial and repeated examinations are incorrectly conducted.
The examination is necessary for the possibility of obtaining benefits and allowances, reducing requirements at work or transferring to another position, temporary suspension from professional activity for a good reason (serious illness). As a rule, physical examination in many cases is a mandatory procedure. For example, without him, the driver will not be able to obtain a certificate, and a candidate for work in law enforcement agencies without an extract from a drug dispensary and a psychiatrist’s certificate will simply not be able to get any position.
When is the re-examination carried out?
Depending on which organization is required to provide a medical certificate, a citizen is sent to a local healthcare institution with an application for admission or referral. Re-examination is carried out if this condition is established by law. For example, you need a medical certificate to work in the mines. Future law enforcement officials also can not get away from this. Vehicle drivers are also subject to such a test. The latter are registered with a special organization. They may be required to undergo a medical examination again if they were caught by a policeman driving while intoxicated. The military has a special deadline for passing a medical examination. There are many other areas in which the described procedure is carried out. This circumstance is legalized by certain regulatory acts.
To be re-examined category of disabled people which are also equated people who are temporarily incapacitated, for example, injured or survived an accident. A survey can be re-requested through a court that will appoint a special commission. If the experts confirm the plaintiff's arguments, his application will be considered positively.
Survey at the military registration and enlistment office
As already known, a medical examination is of two types - preliminary and repeated. The first is all young people of military age who are first registered. Re-examination at the military registration and enlistment office is carried out once every three years for each conscript of categories A (eligible), B (eligible with restrictions) and C (limited eligible). A medical procedure is performed with the personal presence of a draftee. The examination should be carried out by 7 competent specialists: surgeon, neurologist, ENT specialist, general practitioner, psychiatrist, optometrist and dentist. Upon completion of all procedures, an examination protocol is drawn up, signed by all doctors and certified with a special seal.
Rules of procedure for the military
Repeated examination in the military registration and enlistment office is required only for three categories of persons liable for military service. If the procedure was not carried out within the established framework, one of the specialists was absent or the report was not filled out properly, you should contact the prosecutor's office or require a second examination. Providing knowingly false information to the military enlistment office is criminally punishable.
Refusal of examination: legal advice
Inspection can be carried out, as indicated earlier, only every three years, or at the request of the conscript to confirm an existing category or move to another, more suitable for health reasons. Refusal from re-examination at the military registration and enlistment office is possible only in cases when a citizen is not able to appear at the indicated address due to illness. Also, those who currently serve in the bodies, while having a higher legal education, can refuse this inspection.
If a letter arrives demanding a second medical examination at the military registration and enlistment office before three years have passed from the day of the previous examination, the citizen has every right to not appear on the agenda. However, lawyers advise nevertheless to visit the draft board and request a written explanation of the reasons for the early call. The available health certificates are not sufficient grounds for refusing a physical examination. Only after the conclusion confirmed by the commission of the military registration and enlistment office does the need for repeated passage of the procedure disappear.
Re-examination at ITU
What is ITU? This is a medical and social examination necessary to establish the size of social and rehabilitation assistance in the presence of persistent disorders of body functions. Legally, the passage of this procedure is fixed in the form of an appropriate conclusion, which indicates the degree of disorder and group disability. It happens that below in the document the date is set, to which one more repeated examination should be passed. Disability groups (if already established) affect the timing of this procedure. So, a citizen assigned to category I must undergo an examination once every two years, and categories II and III - once a year. Children with disabilities undergo a medical examination only once for the entire period for which the examination is required. Re-examination is recommended to begin to take place two months before the end of the relevance of the previous report.
Features of the passage of ITU
A referral to a commission is issued by the treatment organization, the social insurance fund, or the pension institution.In order for a person to have the opportunity to undergo an examination, he must write an application for ITU, and also provide certificates confirming health problems, on the basis of which the direction was written out.
Next, a commission is convened, which will examine the citizen step by step, consider the documents submitted by him and analyze all areas of his life: living conditions, work conditions, etc. Moreover, the citizen must first be informed about the procedure. He is entitled to receive answers to questions on the topic of the survey.
ITU homework and other information about the procedure
If it is impossible for a citizen to independently get to the place of the examination, a special commission is sent to his house, which conducts both primary and repeated disability examinations. In order for such an examination to take place, a citizen must write a statement himself or ask his legal representative or specialist of the organization providing the treatment to do this. Refusal of such a procedure is unlawful. In this case, it is necessary to write an application for an inspection to the prosecutor’s office, to complain to the main or federal bureau, the last resort is a trial. It is also unlawful to include deliberately false information about the state of health in the examination protocol. The latter is criminally punishable. The minimum punishment that the accused will receive when confirming suspicion is the deprivation of the right to carry out professional activities.
Alcohol intoxication test
This measure may be needed only if the driver has committed an offense and was caught while intoxicated, or he is only suspected of it. In this case, the inspector must take the citizen to the appropriate institution for inspection by an authorized specialist. Repeated examination for intoxication may be needed to challenge a previously made decision. From a legal point of view, this is very problematic, since alcohol tends to be excreted from the body, and in a stressful situation, the speed of the process also increases.
If, for any reason, the driver is forced or asked to refuse this procedure, then such behavior of the law enforcement officer may become the basis for questioning his competence. A citizen has the right to write a complaint to the prosecutor’s office or to sue at all if the application was not taken into account at the employee’s place of service.
Refusal of medical examination
Repeated examination may not be carried out if the citizen has all the certificates approved by competent specialists and not exceeded the statute of limitations. This circumstance is possible in various cases, depending on the framework established by law.
Repeated refusal of a medical examination from drivers is punishable not only by a huge fine, but also becomes the reason that in the future some kind of court proceedings will be considered not in favor of this person. That is why lawyers do not advise to refuse to conduct a medical procedure.
Is it possible to challenge the results of the inspection
The results of the expert commission meeting can be challenged for a number of reasons: one or more specialists were absent during the examination, the protocol was illiterate, obvious violations were detected during the procedure, new circumstances appeared after the medical examination, and as a result there was a need for re-conducting this early procedures. The challenge, as a rule, takes place in court, which means that applications filed in other instances did not give anything.
Who can challenge a medical report
A preliminary and repeated medical examination can only be challenged through a court of law, having in hand the documents of other competent specialists testifying to the changed state of affairs. Thus, a healthy person may be declared legally incompetent, although the testimony of eyewitnesses and a psychiatrist from the center of private examinations may indicate quite the opposite. Also, the public prosecutor is able to challenge the results of the audit and the citizen himself.
