The Ministry of Health specified the rules of medical examination of drivers
The Ministry of Health has finalized the draft rules for the examination of drivers for intoxication. According to the results of the public discussion, the department decided to exclude from the project a norm obliging doctors to record the “psychoactive” and “stupefying” substances found in the analyzes of drivers (including medicines and medicines). Such a item could create “Prerequisites for corruption manifestations” by the doctors, as indicated by the specialists of the Moscow Department of Moscow.
The Ministry of Health has accepted the modified version of the order on regulation.gov.ru, which will establish new rules for the medical examination of drivers for intoxication. Now the rules are spelled out in the departmental order 993n, which will terminate September 1.
About the first version of the Kommersant project Reported March 6, 2025. Among the main innovations are permission to take blood from seriously wounded in an accident without a mandatory “exhalation into a tube” and a new procedure for signing a “voluntary informed consent” to conduct an audit.
The Ministry of Health was also going to change the procedure for registering the results of the examination.
Now, recall, according to the results of the procedure, the doctor issues one of three conclusions: the state of intoxication is established; not established; The driver refused to check. The agency wanted in cases where “psychotropic” and “stupefying” substances were found in the driver’s analyzes, the doctor indicated their name. Why this refinement needed, the department did not explain, but according to the results of the discussion, the Ministry of Health refused such a clarification.
A few years ago, we recall, if the motorists were found in analyzes, motorists were punished with a fine and deprivation of rights. In 2022, the Constitutional Court forbade such a practice, indicating that the Code of Administrative Offenses does not allow drivers to punish the pills and other medicines permitted for turning, even if the prohibition is spelled out in the instructions to get behind the wheel. Amendments to the Code allowing motorists for the drugs found in analyzes, the State Duma will prepare from 2023. At the moment, sanctions are allowed only if alcohol, psychotropic substances are detected (their list is fixed with a separate government decree) and drugs.
Recall that drivers are checked for intoxication in two stages. First, through the traffic police inspector, and then – if the citizen does not agree with the results, the doctor. Mandatory analysis of urine for drugs, in certain cases, a blood test. For the refusal of a medical examination in accordance with Art. 12.26 Code of Administrative Offenses is fined for 45 thousand rubles. And they are deprived of rights for 1-1.5 years.
The need to remove the norm on fixation from the draft order in the conclusion of “stupefents” and “psychoactive” substances was indicated by the Moscow Department of Health: the position of the department is indicated in the published consolidated report. According to Depzdrav, the norm is contrary to the current Code of Administrative Offenses and Criminal Code. The department considered that the proposed norm could create prerequisites for « corruption manifestations by officials authorized to conduct a medical examination. » The press service of the Ministry of Health “Kommersant” confirmed that they decided during the revision “to take into account the position of participants in public discussion”. The draft order is aimed at assessing the regulatory effect.
