On Medical and Social Examination

LAW OF GEORGIA

ON MEDICAL AND SOCIAL EXAMINATION

 

Chapter I - General Provisions

 

Article 1

This Law determines legal, economic and organisational grounds for medical and social examination. The purpose of this Law is to ensure health care for the citizens of Georgia and stateless persons, to determine disability status and to prevent its causes, and to provide proper conditions for the rehabilitation and social integration of that category of persons.

 

Article 2

The legislation of Georgia on medical and social examination includes the Constitution of Georgia, the international agreements and treaties of Georgia, this Law and other normative acts of Georgia.

 

Article 3

The terms used in this Law have the following meanings for the purposes of this Law:

a) medical expert – a doctor with a specialist state certificate, who has specialist knowledge in medical and social examination;

b) person with disabilities – a person with substantial physical, mental, intellectual or sensory impairments, which, when exposed to various barriers, may hinder the full and efficient participation of that person in social life on an equal basis with others;

c) cause of disability – medical, biological, and social factors causing disability that have led to the disability of a person and which is verified in accordance with the legislation of Georgia;

d) social protection of persons with disabilities – a system of permanent and temporary economic, social and legal measures guaranteed by the State aiming to provide appropriate conditions for persons with disabilities to overcome their limited capabilities and to enable them to participate in social activities and life;

e) representative of a person with disabilities – a legal representative of a person with disabilities (a parent, an adoptive parent, a guardian, a custodian or an authorised person);

f) profession – a form of labour activity of a person, in which the person is specialised as a result of the knowledge, skills and experience acquired by him/her from specialist education;

g) medical institution – a legal entity determined by the legislation of Georgia that carries out medical activities in a prescribed manner;

h) capabilities – the ability of self-care, movement, orientation, relationships, self-control, studying and carrying out labour activities;

i) limitation of capabilities – deviation from normal human activities caused by health disorders, which is characterised by the limitation of the abilities of self-care, movement, orientation, relationships, self-control, studying and carrying out labour activities;

j) category of the limitation of capabilities – the degree of deviation from normal human activities caused by health disorders;

k) special conditions for labour, household and public activities – special sanitary and hygiene , organisational, technical, technological, legal, economic and micro-social factors that enable persons with disabilities to perform labour, household and public activities in accordance with their rehabilitation potential;

l) appropriate medical institution ('the institution') – a medical institution that provides specialised medical services for diseases, and anatomic or mental deficiencies, determined by the subordinate normative act of the Minister of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

Law of Georgia No 5665 of 28 December 2011 - website, 11.1.2012

Law of Georgia No 2102 of 7 March 2014 - website, 19.3.2014

 

Article 4

1. Medical and social examination is an area of interdisciplinary activities that includes medical, biological, sociological, social, psychological, economic and other aspects.

2. The basic objective of medical and social examination is to determine the category of the limitation of capabilities of a person and define the cause, the terms of verification and the progression of the limitation of capabilities, and to determine various classes of social protection of persons with disabilities established under the legislation of Georgia.

3. The key goal of medical and social examination is to identify the violation of or the degree of loss of medical and social status by a person, the ability to maintain such status and compensation and adaptation possibilities, the actualisation of which will facilitate medical, professional and social rehabilitation of persons with disabilities and will help them to become full members of society.

 

Article 5

The disability status of a person is identified and other issues of medical and social examination are decided on the basis of the integrated assessment of clinical and functional, social and household, professional and labour, and psychological data.

 

Article 6

Medical and social examination is carried out after the implementation of appropriate preventive and curative and rehabilitation measures.

 

Article 7

An appropriate medical institution shall be responsible for the quality of medical examination and diagnosis of a person who is subject to medical and social examination.

Law of Georgia No 5665 of 28 December 2011 - website, 11.1.2012

 

Article 8

An institution shall make decisions on medical and social examination issues.

Law of Georgia No 2573 of 23 July 2003- LHGI, №24, 20.8.2003, Art. 176

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 9 (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 9¹

1. Under this Law a Legal Entity under Public Law ('the Agency') shall be established on the basis of a normative act of the Minister of Labour, Health and Social Affairs of Georgia which shall carry out its activities within the scope of authority determined by this Law, and internal regulations and other legal acts.

2. The internal regulations of the Agency shall be approved and an authorised representative of the Agency shall be appointed by the Minister of Labour, Health and Social Affairs of Georgia, and state control over the activities of the Agency shall be carried out by the Ministry of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 5629 of 27 December 2011 - website, 30.12.2011

 

Chapter II – Concept and Categories of Disabilities of a Person

 

Article 10

1. Disability comprises substantial physical, psychical, intellectual or sensory impairments, which cause temporary or permanent limitation of capabilities.

2. Limitation of capabilities, depending on their severity, is of the following degrees:

a) mild

b) moderate

c) severe

d) major.

3. Disability status is established on the basis of moderate, severe and major limitation of capabilities.

4. The procedure for determining disability status shall be developed and approved by the Ministry of Labour, Health and Social Affairs of Georgia.

5. The disability status of a person with disabilities before reaching the age of 18 shall be " child with disability status", in accordance with the procedure developed and approved by the Ministry of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 2102 of 7 March 2014 - website, 19.3.2014

 

Article 11

1. Where anatomic or mental deficiencies and the functional impairments of the body entitle a person to compensation, and special or individual working conditions are ensured, such a person with disabilities who has severe or major limitation of capabilities may perform various types of work.

2. The list of diseases, and anatomic and mental deficiencies, with which a person with disabilities may work under special or individual conditions, shall be drawn up and approved by the Ministry of Labour, Health and Social Affairs of Georgia.

 

Chapter III – Terms for the Verification of Disability Status

 

Article 12

1. In the case of insubstantial and reversible morphological changes and functional impairments of the body systems and organs, and in order to carry out observation over the progression of the disease and the effectiveness of rehabilitation measures being taken, the disability status of a person shall be periodically verified:

a) once a year - in the case of moderate and severe limitation of capabilities;

b) once in two years - in the case of major limitation of capabilities.

2. Disability status may be established for the term of six months on the basis of clinical and social prognosis and the expected outcome of the rehabilitation measures being taken.

 

Article 13

The disability status of a person shall be established before the first day of the month following the month of the scheduled verification.

 

Article 14

Disability status shall be established without verification (for an indefinite term) for the following persons:

a) a person with disabilities who has substantial and irreversible morphological changes of the body systems and organs and functional impairments caused by health disorders, where the rehabilitation measures being taken are ineffective, and the impaired capabilities are not restored or improved after at least five years of observation at an institution;

b) a man with disabilities over the age of 55 or a woman with disabilities over the age of 50, who has suffered injuries or diseases while performing official military duties, or due to accidents at military or civil nuclear facilities;

c) a person with disabilities, irrespective of age, who has suffered any degree of radiation disease due to accidents at the Chernobyl Nuclear Power Plant or at other military or civil nuclear facilities;

d) a person over the retirement age, except where this person has a favourable clinical prognosis, where insubstantial and reversible morphological changes and functional impairments of the body systems and organs are present, and where rehabilitation measures may have a positive effect;

e) a person whose disability status is established on the basis of diseases, and anatomic and mental deficiencies, determined on the basis of the list approved by the Ministry of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 2573 of 23 July 2003- LHGI, №24, 20.8.2003, Art. 176

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 15

1. The disability status of a person with disabilities or a person whose disability status is established for an indefinite term, shall be verified ahead of schedule in the case of alterations to health status or capabilities, or if a controlling body reveals the unjustified issuance of the original opinion on disability status and there is a reasonable belief therein.

2. For persons above the retirement age determined by Article 14(d) of this Law, for whom disability status has been established for an indefinite term, the status shall be verified only on the basis of their application, or where the opinion on disability status was issued on the basis of fraudulent documents as confirmed by a duly authorised body.

3. The Agency may summon a person with disability status for verification purposes.

4. If the person fails to appear after being summoned, his/her disability status shall be suspended.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

Law of Georgia No 5629 of 27 December 2011 - website, 30.12.2011

 

Chapter IV – Causes of Disability

 

Article 16

1. When establishing disability status the institution shall determine the following causes:

a) common diseases

b) work-related injuries

c) occupational diseases

d) disabilities from childhood

e) disabilities related to injuries or diseases suffered during the performance of military duties;

f) disabilities not related to injuries or diseases suffered during the performance of military duties;

g) disabilities related to accidents at the Chernobyl Nuclear Power Plant or other military or civil nuclear facilities;

h) other causes determined by the legislation of Georgia.

2. Disabilities may be deemed related to a common disease if they are not related to the causes determined by paragraph 1(b-h) of this article.

3. Disabilities may be deemed related to work-related injuries if an accident has occurred in the following circumstances:

a) while performing official duties (including during a business trip), or any other duties in the interests of the employer;

b) on the way to or from work;

c) during an internship;

d) on the territory of the employer or at any other place during the work day, during the set break and/or at any other time necessary for putting the workplace in order, before starting or after finishing work;

e) near the employer's territory during working hours or the set break, unless the presence at that place contradicts internal regulations;

f) while performing public or social assignments;

g) while saving a human life;

h) while protecting state property or ensuring public order;

i) while performing the functions of a donor.

4. Disability status related to occupational diseases shall be established for a person who has suffered a severe or chronic disease due to exposure to harmful factors characteristic to a given profession, or due to the work conditions at the enterprise where the person worked.

5. Disability status from childhood shall be established for a person who has been disabled before reaching the age of 18.

6. Disability status related to injuries or diseases suffered during the performance of military duties shall be established for retired military service members, or for other equally positioned persons under the legislation of Georgia, if such duties are related to the protection of the interests, the territorial integrity and sovereignty of Georgia and the former USSR, or to the performance of other military or operational duties, and to injuries, maims, blast injuries or diseases suffered in the local combats of other countries.

7. Disability status not related to the performance of official military duties shall be established if the injuries or diseases are suffered during compulsory military service and are not related to the performance of official military duties. In this case disability status shall be established if it has been established during the period of compulsory military service or within three months from discharge, and/or after three months from discharge if the injuries or diseases were suffered during the period of compulsory military service or within three months from discharge.

8. Disability status related to accidents at the Chernobyl Nuclear Power Plant or other military or civil nuclear facilities shall be established for a person whose disabilities were caused by his/her participation in the liquidation of accidents or who was exposed to radiation in a place contaminated with radioactive substances.

9. During the verification of the disability status of a person with disabilities the institution may change the cause of his/her disability status if the nature of the disease and/or maim presents grounds for determining various causes of disability. In such a case the cause of disability status shall be determined upon the discretion of the person with disabilities or the cause for awarding a higher pension shall be determined.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Chapter V – Determination of the Category of Lost Professional Performance Capabilities Caused by Maims, Occupational Diseases or Other Health Impairments Suffered by Employees in the Performance of Official Duties

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 17

Maims, occupational diseases or other health impairments of employees shall be considered as work-related injuries suffered during the performance of official duties (work-related injuries'), if they have occurred on the territory of an enterprise, institution, organisation ('the employer') irrespective of their organisational and legal form, or outside that territory in the process of performing official duties, and on the way to and from work by vehicles designated by the employer.

 

Article 18 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 19

An injured person, who undergoes examination for the first time, or his/her representative, shall submit to the institution the referral of the employer's administration or the trade union, where the person has suffered work-related injuries, or a court referral (court decision), an act describing an accident or other documents on the damage to health caused by work-related injuries (an opinion of the representative of an appropriate state supervision body), or the opinion of the medical institution in the case of occupational diseases.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 20

1. The category of lost capability of professional performance shall be determined by the institution taking the consequences of the work-related injury into consideration.

2. If work-related injuries cause the worsening of a pre-existing disease, the category of lost capability of professional performance shall be determined on the basis of the severity of the functional impairment of the body, taking the pre-existing impairments into consideration.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 21

1. Professional performance capability is the ability of a person to perform a qualified work of a certain volume to a high enough quality.

2. If an injured person has several professions, the basic profession, when determining the category of lost capability of professional performance, shall be the profession chosen by the person, at which he/she worked before being injured, or at which the injured person has worked for a long period of time, and the profession in which the person has been granted the highest qualification. The main profession of an internee who has suffered a work-related injury during internship shall be the profession in which he/she is taking the internship.

3. Information on the labour activities, work conditions and the nature of the performed work shall be verified by the institution on the basis of information acquired from the workplace and an appropriate sanitary supervision body.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 22

1. If an injured person suffers from a major functional impairment that makes it impossible for him/her to perform work or hinders the performance of any work, even under special conditions, 100% (one hundred per cent) loss of capabilities of professional performance shall be established for such a person.

2. If an injured person is able to perform his/her work only under special conditions, at least 70% (seventy per cent) loss of capabilities of professional performance shall be established for such a person.

3. If an injured person, who has suffered from a work-related injury, is able to perform his/her professional activities, but with less workload or at a lower level and for less remuneration, or if the injured person has lost his/her qualification, but is able to perform other professional activities of a lower qualification and for less remuneration, the category of lost capability of professional performance of the person shall be determined as being from 25% (twenty-five per cent) to 60% (sixty per cent), depending on the workload, the extent of reduced remuneration and the lower qualification.

4. If an injured person is able to continue his/her work in his/her own profession, which is followed by the reduction of remuneration, or if the person is able to work in his/her own profession, but with more tension than before, the category of lost capability of professional performance shall be determined at about 25% (twenty-five per cent).

 

Article 23

In the case of a repeated work-related injury, the percentage of the category of lost capability of professional performance shall be determined on the basis of each work-related injury, whether or not the person has suffered from the injury during his/her work with the same or different employers.

 

Article 24

An excerpt from the inspection protocol on the results of determining the category of lost capability of professional performance and the necessity for additional assistance shall be forwarded to an employer or a court, on the basis of the referral of which the injured person underwent the inspection; the certificate on the inspection results shall be personally handed to the injured person or his/her representative.

 

Article 25

The category of lost capability of professional performance shall be determined by the institution from the day such work-related injury was suffered, throughout the whole period of time, irrespective of the date the injured person applied to the institution or the employer, or from the date of expiry of the previously determined category of lost capability of professional performance, throughout the whole period of time, if appropriate grounds exist therefore.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 26

1. When determining the category of lost capability of professional performance, the status of an injured person shall be verified at the institution after six months and/or one or two years, depending on the form of the work-related injury and the possibilities of complete or partial restoration of performance capability as a result of medical, social and/or occupational rehabilitation.

2. The category of lost capability of professional performance shall be determined without verification in the following circumstances:

a) if the consequences of the work-related injury give grounds for establishing the disability status of the person without verification (for an indefinite term), or if partial loss of the capability of professional performance is caused by the substantial and irreversible consequences of the work-related injury and if it does not give grounds for establishing disability status;

b) in the case of persons over the retirement age, except where a person has a favourable clinical prognosis, where insubstantial and reversible morphological changes and functional impairments of the body systems and organs are present.

3. The disability status of a person, determined by paragraph 2(b) of this Article, whose category of lost capability of professional performance is determined without verification (for an indefinite term), shall be verified on the basis of his/her application or in the case of identifying an untrue and unjustified examination opinion (including where the examination opinion was made on the basis of fraudulent documents, as confirmed by a duly authorised body).

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Chapter VI – State Control over the Activities of Appropriate Medical Institutions

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 27

State control of the institutions is carried out by the Agency, which, on the basis of selection and/or depending on necessity, shall verify the truthfulness of an opinion issued by the institution.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 28

1. The Agency may inspect the activities of an institution once a year on the basis of selection.

2. The order of the head of the Agency for carrying out state control shall be an administrative legal act. During an inspection, the Agency shall submit the above administrative legal act to the institution.

3. Upon the decision of the head of the Agency an appropriate specialist may be invited to carry out the inspection.

4. The Agency is obliged to draw up an inspection protocol after the inspection is completed.

5. In the event of any violation, the Agency may make a decision to ensure a repeated inspection at the same or other institution.

6. On the basis of reasonable grounds, the Agency is entitled to apply to a court regarding the annulment of an examination opinion incorrectly issued by the institution.

7. The examination opinion shall be suspended before the court delivers a final decision.

8. The Agency shall raise any issue of the professional liability of the members of the institution before an authorised body.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 29

The inspection of an examination opinion issued by the institution shall not be construed as the control of entrepreneurial activities, and accordingly it shall not be subject to the Law of Georgia on the Control of Entrepreneurial Activities.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 30 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 31 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 32 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 33 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 34 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 35 - (Deleted)

Law of Georgia No 2573 of 23 July 2003- LHGI, №24, 20.8.2003, Art. 176

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 36 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 37 - (Deleted)

Law of Georgia No 2573 of 23 July 2003- LHGI, №24, 20.8.2003, Art. 176

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 38 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 39 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Chapter VII – Organisation of Medical and Social Examination

 

Article 40 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 41 - (Deleted)

Law of Georgia No 1811 of 3 December 2002 - LHGI, №32, 20.12.2002, Art. 154

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 42 -

If necessary, the institution may invite an appropriate specialist to carry out a medical and social examination.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 43 - (Deleted)

Law of Georgia No 2573 of 23 July 2003- LHGI, №24, 20.8.2003, Art. 176

Law of Georgia No 492 of 12 October 2004 - LHGI, №31, 27.10.2004, Art. 142

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 44 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 45 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 46

The institution is obliged to:

a) establish the disability status of a person;

b) determine a causal connection with respect to disability status, determine the terms of verification and the period of progression;

c) award the category of child with disability status’ to a person who has not reached the age of 18;

d) determine the percentage of the degree of lost capability of professional performance of an employee who has suffered from maims, occupational disease or other damage to health during the performance of official duties, and to determine the provision of additional assistance to such persons;

e) determine a causal connection of the death of a breadwinner with the work-related injury, service on the battlefield and with other circumstances, in order to provide the family of the deceased with the allowances, pension and compensation for the incurred damage as determined by the legislation of Georgia;

f) examine a person with disabilities in order to determine medical indications for providing him/her with the means of mobility (wheelchair, hand-cycle);

g) assist a person in finding the documents required for the medical and social examination that must be submitted by a person to be examined under the legislation of Georgia;

h) participate in conferences, meetings and seminars organised for topical issues related to the prevention of disability and to the medical and social examination;

i) provide information to an appropriate military commissariat if a person subject to compulsory military service or a conscript is recognised as a person with disabilities;

j) hold an offsite meeting at a medical institution or at a patient's place of residence, in order to examine a seriously ill patient who is unable to appear at the institution due to his/her health condition;

k) submit to the Agency, upon its request, all information (documents) required for carrying out control.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 47

An institution may:

a) refer a person to other medical institutions, if necessary, if he/she is examined for the verification of diagnosis and for the determination of the degree of impairment of functions (organs) of the body;

b) extend the treatment period of the person who applies to the institution in order to establish disability status, if there are grounds therefore;

c) request and obtain necessary data and information from medical institutions, enterprises and organisations, irrespective of their organisational and legal form, in order to carry out a medical and social examination and to perform other functions undertaken by such institution.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 48 -

In order to ensure the protection of social and other rights determined by the legislation of Georgia, all institutions, enterprises and organisations operating on the territory of Georgia (irrespective of their organisational and legal form) are committed to preparing an opinion of the institution on determining the disability status of a person and on other issues related to medical and social examination specified in this Law.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Chapter VIII – Procedure for Conducting Medical and Social Examinations

 

Article 49

A person shall be subject to examination at an institution if he/she permanently resides in Georgia and has functional impairment with the limitation of capabilities caused by a disease, injury, or anatomic or mental deficiency, in the cases where the legislation of Georgia relates the determination of disability status or adoption of other examination opinion to the award of the right to social protection or to exemption from fulfilling corresponding obligations, and/or in other cases determined by the legislation of Georgia.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 50

A person shall undergo examination at an institution on the basis of an individual referral.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 51

1. If a patient is unable to appear at the institution due to his/her health condition, the examination shall be carried out at an inpatient facility or at the patient's place of residence.

2. In exceptional cases (in places that are remote and difficult to reach) a medical and social examination shall be carried out without the attendance of the person, on the basis of the consent of that person or of his/her legal representative.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 52

1. A medical and social examination shall be carried out after conducting all diagnostic, treatment and rehabilitation measures, in the case of substantial functional impairments of the body caused by a disease, injury or deficiency.

2. The referral prepared by a medical institution for carrying out a medical and social examination shall specify information on the health condition of a person, the degree of functional impairment of the system and organs of the body, the ability of the body to compensate, as well as the consequences of the rehabilitation measures taken.

 

Article 53

A person who undergoes an examination at the institution shall present an ID card or other identity document, and an employee shall present a certificate from the employer specifying the nature and conditions of work.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 54 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 55 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 56

The templates of the documents necessary for the operation of the institution shall be developed and approved by the Ministry of Labour, Health and Social Affairs of Georgia and shall be issued by the Agency upon the request of the institution.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 57

The date for establishing disability status shall be the day on which the necessary documents were submitted to the institution for the examination.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 58 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 59 - (Deleted)

Law of Georgia No 2573 of 23 July 2003- LHGI, №24, 20.8.2003, Art. 176

 

Article 60

The truthfulness of the opinion of the institution may be appealed by a person concerned, as provided for by the legislation of Georgia.

Law of Georgia No 2573 of 23 July 2003- LHGI, №24, 20.8.2003, Art. 176

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 61 - (Deleted)

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

Article 62 - (Deleted)

Law of Georgia No 2573 of 23 July 2003- LHGI, №24, 20.8.2003, Art. 176

 

Chapter IX – Transitional and Final Provisions

 

Article 63

1. Within five months from the entry into force of this Law, the Ministry of Labour, Health and Social Affairs of Georgia shall draw up and approve the following normative acts:

a) on the approval of instructions for the procedure for establishing disability status;

b) on the approval of instructions for the procedure for establishing the status of a child with disabilities;

c) on the approval of the list of diseases, and anatomic and mental deficiencies, which allow for persons with disabilities to work under special work conditions;

d) (Deleted).

2. Before 1 March 2007 the Ministry of Labour, Health and Social Affairs of Georgia shall ensure the adoption of normative acts on the approval of templates of the documents required for medical and social examination.

3. The persons whose disability status expired or will expire between 1 January 2007 and 1 May 2007 shall maintain their disability status until the following verification, but not later than 1 May 2007.

4. The Government of Georgia shall submit appropriate draft legislative acts to the Parliament of Georgia before 1 April 2007.

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

Law of Georgia No 4500 of 16 March 2007 - LHGI, №9, 31.3.2007, Art. 82

 

Article 63¹

1. The public sub-agency of the Ministry of Labour, Health and Social Affairs of Georgia, the State Regulation Agency for Medical Activities shall be reorganised and on its basis, after the transformation of the Agency, a Legal Entity under Public Law shall be established with similar functions and powers on the basis of a normative act of the Minister of Labour, Health and Social Affairs of Georgia.

2. The Legal Entity under Public Law, established on the basis of a normative act of the Minister of Labour, Health and Social Affairs of Georgia under paragraph 1 of this article, shall be the legal successor of the public sub-agency of the Ministry of Labour, Health and Social Affairs of Georgia, the State Regulation Agency for Medical Activities.

3. The Minister of Labour, Health, and Social Affairs of Georgia shall:

a) approve the internal regulations of the Legal Entity under Public Law determined by paragraphs 1 and 2 of this article;

b) ensure the appointment of an authorised representative of the Agency;

c) ensure the implementation of other measures determined by the legislation of Georgia before 1 March 2012.

4. The legal acts, necessary for the operation of the public sub-agency of the Ministry of Labour, Health and Social Affairs of Georgia, the State Regulation Agency for Medical Activities, shall retain their legal force until 1 March 2012.

Law of Georgia No 5629 of 27 December 2011 - website, 30.12.2011

 

Article 64

1. This Law shall enter into force after three months from its promulgation.

2. (Deleted).

3. (Deleted).

Law of Georgia No 3249 of 14 January 2004 - LHGI, №1, 14.1.2004, Art. 3

Law of Georgia No 3333 of 13 February 2004 - LHGI, №4, 2.3.2004, Art. 8

Law of Georgia No 492 of 12 October 2004 - LHGI, №31, 27.10.2004, Art. 142

Law of Georgia No 4298 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 408

 

 

The President of Georgia                                                                                                                              Eduard Shevardnadze

Tbilisi,

7 December 2001

No 1172–IS