The President of the Republic of Kazakhstan (“RK”) signed the Law of the RK dated April 19, 2024 No. 74-VIII “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Health Matters” (the “Law on Health Matters”). The Law on Health Matters introduces the following changes:
The Code of the Republic of Kazakhstan dated July 7, 2020 “On the Health of the People and the Healthcare System” (the “Code”)
Introduction of the concepts/terms of “vape” and “flavor for electronic consumption systems (vapes)”[1], as well as the rules banning their import, production, sale, distribution, advertising and sponsorship[2];Introduction of rules on obligatory professional liability insurance for medical workers[3];Introduction of a rule that medical workers should be guided by clinical protocols when choosing the most effective methods of prevention, diagnosis, treatment and rehabilitation, which are advisory (recommendatory) in nature[4] (in the current version - healthcare entities provide medical care in accordance with, among other things, clinical protocols[5]);Exclusion of the words “based on clinical protocols” from the “Medical care included in the Guaranteed Volume of Free Medical Care is provided based on clinical protocols by medical workers admitted to clinical practice on the territory of the Republic of Kazakhstan” provision of the Code.[6]Criminal Code of the RK dated July 3, 2014 No. 226-V
Introduction of criminal liability for the sale and distribution of non-smoking tobacco products, electronic consumption systems (vapes), flavors and liquids for them - punishment with a fine in the amount of up to 200 (two hundred) monthly calculation indices (“MCI”) or correctional labor in the same amount or community service for a period of up to 200 (two hundred) hours or arrest for a term of up to 50 (fifty) days; for their import, production - punishment with a fine in the amount of up to 2,000 (two thousand) MCI or correctional labor in the same amount or community service for a term of up to 600 (six hundred) hours or restriction of freedom for a term of up to 2 (two) years, or imprisonment for the same term with or without confiscation of property[7].Reduction of penalty for a failure to perform, improper performance of professional duties by a medical or pharmaceutical worker due to careless or dishonest attitude towards such duties if these actions negligently resulted in the infliction of moderate harm to human health - is punishable by a fine of up to 100 (one hundred) MCI (in the previous version - up to 200 (two hundred) MCI) or correctional labor in the same amount or community service for a period of up to 100 (one hundred) hours (in the previous version - up to 180 (one hundred and eighty) hours) or arrest for a period of up to 30 (thirty) ) days (in the previous version - up to 50 (fifty) days)[8]. Penalty is also reduced if such acts negligently resulted in the death of a person, as well as the same acts that negligently resulted in the death of 2 (two) or more persons[9].Reduction of penalty for improper performance of professional duties by a medical worker as well as an employee of an organization for domestic or other services due to careless or dishonest attitude towards such duties if this act resulted in the infection of another person with HIV is punishable by restriction of liberty for a term of up to 5 (five) years or imprisonment for the same period (in the previous version - imprisonment for a term of up to 5 (five) years[10]) with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 (three) years[11].The Law on Health Matters comes into force in 10 (ten) calendar days from the day of its first official publication with the exception of some provisions that come into effect in 60 (sixty) calendar days (for example, rules on criminal liability related to vapes, on the ban on the circulation of vapes, the advisory (recommendatory) nature of clinical protocols) and in 6 (six) months (rules on obligatory insurance of professional liability of medical workers) from the day of its first official publication[12]. Published in the newspaper “Kazakhstanskaya Pravda” dated April 20, 2024 No. 78 (30205)[13].
Footnotes
[1] sp. 1, clause 5, Art. 1 of the Law on Health Matters;
[2] sp. 8, clause 5, Art. 1 of the Law on Health Matters;
[3] sp. 2, sp. 6, sp. 9, sp. 13, clause 5, Art. 1 of the Law on Health Matters;
[4] sp. 9, clause 5, Art. 1 of the Law on Health Matters;
[5] clause 3, Art. 115 Code;
[6] sp. 11, clause 5, Art. 1 of the Law on Health Matters;
[7] sp. 2, clause 1 of the Law on Health Matters;
[8] sp. 3, clause 1 of the Law on Health Matters, Art. 317, clause 1, Criminal Code of the Republic of Kazakhstan dated July 3, 2014 No. 226-V (with amendments and additions as of September 12, 2023);;
[9] sp. 3, clause 1 of the Law on Health Matters, Art. 317, clause 3, 4,Criminal Code of the Republic of Kazakhstan dated July 3, 2014 No. 226-V (with amendments and additions as of September 12, 2023);;
[10] Art. 317, clause 5, Criminal Code of the Republic of Kazakhstan dated July 3, 2014 No. 226-V (with amendments and additions as of September 12, 2023);
[11] sp. 3, clause 1 of the Law on Health Matters;
[12] Art. 2 of the Law on Health Matters;
[13] The Law on Health Matters (zakon.kz).
