Decree No. 288 / 2024 Coll.
Ordinance on medical fitness to perform military active services and on the scope of preventive care provided to soldiers in active service in excess of the public health insurance services covered
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Order
Effective from 16.10.2024
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16.10.2024
01.10.2024
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288
DECLARATION
of 19 September 2024
on medical fitness to perform military active service and on the extent of preventive care provided to soldiers in active service beyond the public health insurance services covered
The Ministry of Defence provides pursuant to § 21 (7) and § 29 (6) of Act No. 585 / 2004 Coll., on the defence obligations and its provision (the Defence Act), as amended by Act No. 47 / 2016 Coll., and in agreement with the Ministry of Health pursuant to § 3 (3) (a) of Act No. 221 / 1999 Coll., on professional soldiers and pursuant to § 11 (3) (b) of Act No. 48 / 1997 Coll., on public health insurance and on the modification and addition of certain related laws, as amended by Act No. 363 / 2021 Coll.:
Subject matter
This decree provides
(a) the method of assessing the medical fitness of a citizen to carry out military active duties in the course of the withdrawal procedure, medical examinations and types and the content of such examinations;
(b) the particulars and content of the medical opinion on medical fitness to perform an active military service (hereinafter referred to as the medical opinion on medical fitness), the degree of medical fitness and the basic documentation for its assessment;
(c) the method of assessing the medical fitness of a soldier for military active duty in the review procedure and the basic documentation for the review procedure;
(d) the method of assessing the medical fitness of a candidate for calling to service;
(e) the extent of preventive care provided to a soldier in active service beyond the public health insurance services covered.
Medical degree
(1) The degrees of medical fitness reflect the physical, sensory and mental capacity of the person under consideration to perform military active duty on the basis of health status.
(2) The degrees of medical fitness shall be expressed by:
(a) "Schopen" for first degree;
(b) "subject" for the second degree;
(c) "restricted" for third degree;
(d) "Unable" for the fourth degree.
(3) The first degree of medical fitness shall be determined for a soldier or citizen who has not been diagnosed with the disease or defect referred to in Annex 1 to this Regulation or whose disease or defect and the severity and severity of the disease or defect are indicated in Annex 1 to this Regulation by the A health classification mark. The physical, sensory and mental abilities of a soldier or citizen allow a military active service to be performed without reservation or restriction.
(4) The second degree of medical fitness shall be determined by a soldier or a citizen whose illness or defect and its severity is marked by the mark BI, BII or BIII of the health classification in Annex 1 to this Decree. The physical, sensory or mental capabilities of a soldier or citizen shall not allow military active duty to be performed within the scope of paragraph 3, but shall allow military active service to be performed subject to reduced requirements for:
(a) physical capacity - BI mark,
(b) mental capacity - BII mark; or
(c) sensory capability - brand BIII.
(5) The third degree of medical fitness shall be determined by a soldier or a citizen whose illness or defect and its severity is marked by the mark C of the health classification in Annex 1 to this Decree. The physical, sensory or mental abilities of a soldier or citizen shall not allow a military active service to be performed within the scope of paragraph 3 or 4, but shall allow the limited exercise of a military active service, subject to:
(a) the permanent granting of allowances in the performance of certain duties or permanent arrangements for the exercise of military active duty; or
(b) long-term use of the prescribed medicinal product or medical device without which the required ability would not be achieved.
(6) The fourth degree of medical fitness shall be determined to a citizen or soldier whose illness or defect and its severity is marked by the D mark of the health classification in Annex 1 to this Decree. The physical, sensory or mental abilities of a soldier or citizen do not allow for military active duty.
Specific medical requirements
Specific medical fitness requirements for the performance of an activity
(a) a diver and operator of anti-tank and anti-aircraft complexes,
(b) a paratrooper,
(c) driver of combat vehicles;
(d) operator of cybernetic devices;
(e) operator of the radiological and radio targeting equipment; and
f) Guard service at guard units and Castle guards
are set out in Annex 2 to this Order.
Implementation of medical assessment
Assessment of medical fitness for military active service shall be carried out
(a) the levy procedure;
(b) in a procedure for the voluntary taking over of a military obligation on the basis of a citizen's request for inclusion in an active advance, for participation in a military exercise or for predestination for the addition of the armed forces;
(c) in a voluntary takeover procedure;
(d) in proceedings concerning the profession of applicant for the service of an occupational soldier;
(e) in the review procedure,
(f) in the event of a change in the state of health affecting the medical fitness for the exercise of the activity referred to in Article 3 during the course of a military active service.
General medical assessment procedures
(1) The medical fitness shall be assessed on the basis of an extract from the medical file of the registering health service provider in the field of general practical medicine or practical medicine for children and adolescents (hereinafter referred to as "the registrant '), the results of the medical examination and, where appropriate, further examinations.
(2) The medical examination for the assessment of medical fitness is aimed at the detection of diseases, defects and conditions which exclude or restrict the exercise of military active service in accordance with the lists set out in Annexes 1 and 2 to this Regulation.
(3) Where the information contained in the extract from the health file of the registrant and the results of the medical examination referred to in paragraph 2 do not allow a medical opinion on medical fitness to be issued, the medical assessor shall request further examinations from the health service providers and shall set a time limit for their execution.
(4) The medical examination referred to in paragraph 2 or the medical examination referred to in paragraph 3 for the assessment of medical fitness shall not be carried out more than 90 days before the medical opinion on medical fitness is issued; This period shall not apply to professional examinations in the case of stable health.
(5) The basic documentation for assessing the medical fitness of a citizen to perform an active military service outside the state of danger and the state of war shall consist of the medical documentation under the Health Services Act and the health status data set out in the Declaration on Health for the need to assess the medical fitness to perform a military active service under Annex 3 to this Decree (hereinafter referred to as the Declaration). In a state of threat to the state or to the state of war, it is also composed of the health data provided in the questionnaire under the Defence Act.
Basic content of medical examination
(1) The medical examination carried out for the assessment of the medical fitness to perform a military active service shall include:
(a) verification and completion of family, personal and work history data;
(b) anthropometric measurements;
(c) a basic chemical test of urine to detect the presence of protein, glucose, ketones, urobilinogen, blood and pH of urine;
(d) comprehensive physical examination including:
1. measurement of blood pressure and pulse,
2. indicative neurological examination,
3. indicative examination of hearing and vision, including examination of colour,
4. indicative examination of the movement apparatus and skin,
5. an indicative examination of the oral cavity and the dental condition,
6. indicative examination of speech and nasal passageway; and
(e) indicative assessment of psychological functions aimed at detecting symptoms of psychopathology.
(2) In addition to the examination referred to in paragraph 1, a medical examination carried out for the purpose of assessing the medical fitness to perform an active military service shall also include a psychiatric examination of the person under assessment where:
(a) according to the personal or occupational history, medical history or outcome of the medical examination shows signs of impaired social adaptation or socially harmful behaviour;
(b) she has been given health care in the field of mental or behavioural psychiatry; or
(c) according to the indicative assessment of the psychological functions referred to in paragraph 1 (e), shows signs of psychopathology.
Medical assessment on medical fitness
(1) A medical opinion on medical fitness, other than those laid down in other legislation1) contains:
(a) the birth number,
(b) an assessment conclusion on the medical fitness to perform an active military service and the conditions under which the person under assessment is eligible for military active service, provided that he has been provided with a second or third degree of medical fitness;
(c) a specified degree of medical fitness with a mark of the health classification and verbal expression of the medical fitness of the person under assessment for the performance of the activity referred to in Article 3.
(2) The medical fitness of the person under assessment for carrying out the activities referred to in Article 3 shall be expressed in the words:
(a) "fit for work,"
(b) "fit for work only under certain conditions"; the medical opinion on medical fitness includes the conditions under which the person under assessment is fit to carry out the activity; or
(c) "unfit for work."
The medical fitness of a citizen who has requested to take up a military obligation on a voluntary basis, to participate in an active reserve, to take part in a military exercise, to be predetermined for the addition of the armed forces, or to be a professional candidate in the service of an occupational soldier shall be assessed in accordance with the procedure laid down in Section 5.
Medical examination of the applicant for an occupation in the service of an occupational soldier and on application for active reserve
(1) A medical examination for the assessment of the medical fitness of a professional applicant for the service of a professional soldier and an advance soldier or a citizen who has applied for an active advance shall be carried out to the extent provided for in Article 6 and shall include:
(a) the evaluation of the data contained in the declaration;
(b) electrocardiographic examination;
(c) laboratory tests for blood and blood serum in the
1. determination of blood group,
2. blood cell counts and differential leukocyte counts,
3. detection of erythrocyte sedimentation,
4. blood glucose testing,
5. Determination of total bilirubin,
6. detection of direct bilirubin,
7. testing for alanintransaminase,
8. testing for aspartate aminotransferase,
9. testing for gamagglutamyl transferase,
10. examination for alkaline phosphatase,
11.
12th finding of urea,
13. determination of uric acid,
14. Determination of total cholesterol,
15. serological examination for syphilis,
16. detection of surface antigen of viral hepatitis B,
17. serological examination of antibodies against viral hepatitis C infection,
18. serological examination of total antibodies against HIV infection 1.2,
(d) examination of urinary sediment,
(e) examination by an internist, ophthalmologist, neurologist, psychiatrist, dermatoenerologist, surgeon, dentist, otorinolaryngologist and clinical psychologist,
(f) examination by a gynaecologist in women unless a record of a gynecological preventive examination has been provided in the last 12 months.
(2) A medical examination of a soldier in reserve who has applied for an occupation in the service of an occupational soldier or for an active advance, and at the same time has completed the medical examination referred to in paragraph 1 for a maximum period of 5 years prior to the application, shall be carried out within the scope of Article 6.
(3) A medical examination of the back-up soldier, which is included in the active advance pursuant to § 5 (4) of the Law of Defense, shall be carried out to the extent provided for in § 6.
Medical examination on request for participation in military training
A medical examination to assess the medical fitness of a citizen who has requested to participate in a military exercise shall be carried out to the extent provided for in Section 6, extended by an electrocardiographic examination and evaluation of the data listed in the Declaration.
Medical examination on request for voluntary predestination for replenishment of the armed forces
A medical examination for the medical assessment of the medical fitness of a citizen who has requested a pre-designation for replenishment of the armed forces shall be carried out to the extent provided for in Section 6 and shall include an evaluation of the data contained in the Declaration.
Medical examination in the voluntary takeover procedure
A medical examination to assess the medical fitness of a citizen who has requested voluntary acceptance of a military obligation shall be carried out to the extent provided for in Section 6 and shall include an evaluation of the data contained in the Declaration.
Medical examination in the discharge procedure
The medical examination for the detection of the medical fitness of a citizen in the withdrawal procedure shall be carried out within the scope of Section 6.
Medical examination in the profession of military training, operational or emergency services
(1) The content of a medical examination on the taking-up of military exercises, operational services (2) or emergency services is determined by the military health service provider on the basis of an assessment of the medical performance of the military active service and the conditions under which the military active service will be performed.
(2) The doctor of the military health service provider shall confirm whether the state of health identified allows the performance of military exercises, operational services or emergency services.
(3) The certificate referred to in paragraph 2 shall be transmitted by the military health service provider to the service authority which ensures the admission of a soldier to military training, operational or emergency service.
Medical examination prior to dismissal from military training, operational or emergency services
(1) The contents of a medical examination prior to release from the exercise of military training, operational service or emergency service are determined by the military health service provider on the basis of an assessment of the medical performance of the military active service and the conditions under which the military active service was performed.
(2) A medical examination shall be carried out for the purpose of establishing the state of health at the time of termination of the service with a view to focusing on diseases or accidents during the course of an active military service, with an emphasis on identifying changes in the state of health in which the medical performance of an active military service can be assumed and the conditions under which the military active service was performed.
The assessment of the medical fitness of soldiers for military active duty in the review procedure shall be conducted in accordance with Section 5 mutatis mutandis.
Basic documentation for the review procedure
(1) The basic documentation for the assessment of the medical fitness to perform an active military service in the review procedure consists of documents used or created pursuant to Articles 5 and 6 (1) (a) to (d), a medical report prepared for the purpose of the review procedure and medical documentation kept in connection with the facts on the basis of which the review procedure is initiated and which are in particular:
(a) serious changes in health status following their stabilisation which do not correspond to the degree of medical fitness to date; or
(b) serious changes in the medical condition of an exceptional duty soldier found not to correspond to the degree of medical fitness to date.
(2) The medical report referred to in paragraph 1 shall include data from the family, personal and occupational history of the person under consideration, the proposal for a new health classification and all known circumstances and facts leading to the initiation of the review procedure.
General preventive inspection of the professional soldier
(1) A general preventive inspection of the professional soldier shall be carried out every two years. For professional soldiers over 50 years of age, a general preventive inspection is carried out annually.
(2) The basic content of the general preventive examination of the soldier is extended by the examination according to § 6.
(a) laboratory tests for blood and blood serum in the
1. blood count and differential leukocyte count,
2. erythrocyte sedimentation,
3. total cholesterol,
4. HDL-cholesterol,
5. LDL-cholesterol,
6. triglycerides,
7. glucose,
8. alanintransaminase,
9. gamagglutamyl transferase,
10. aspartate aminotransferase,
11. alkaline phosphatase,
11. total bilirubin,
12. creatinine,
13. urea,
14. uric acid and
15. Prostatic specific antigen in men over 40 years of age,
(b) a resting electrocardiogram;
c) differentiated preventive oncological examination in the range of
1. rectum examination,
2. examination of the occult bleeding stool in persons over 40 years of age, with frequency every 2 years; the examination of the occult bleeding stool may be replaced in an occupational soldier older than 55 years of age by a screening colonoscopic examination performed with a frequency of 5 years or more;
(d) mammographic examination in women over 40 years of age, with a frequency of every 2 years; mammographic examination may be replaced by ultrasound examination of the mammary gland,
(e) ultrasound examination of the mammary gland in women aged 35 years or older each year, unless the examination referred to in (d) is carried out in the same calendar year;
(f) ultrasound examination of the lower half of the abdomen in women over 35 years of age, with a frequency of every 2 years, unless it is part of a documented record of gynecological examination carried out over the last 12 months.
Transitional provisions
(1) A medical examination for the assessment of medical fitness carried out before the date of entry into force of this Decree and not more than 90 days before the issue of the medical opinion shall be considered as a medical examination carried out under this Decree for the purpose of issuing a medical opinion on medical fitness for the performance of a military active service.
(2) The medical fitness of the soldiers in active duty who were designated for a certain third degree of medical fitness "Schopen with a restriction (mark C) 'before the date of entry into force of this Decree shall be reassessed in the review procedure no later than 60 months after the date of the third degree of medical fitness.
Repeal
They shall be deleted:
1. Decree No. 357 / 2016 Coll., on medical fitness to perform military active service.
2. Decree No. 230 / 2023 Coll., amending Decree No. 357 / 2016 Coll., on medical fitness for military active service.
3. Decree No 388 / 2023 Coll., amending Decree No 357 / 2016 Coll., on medical fitness to perform military active service, as amended by Decree No 230 / 2023 Coll.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister of Defence:
Mgr. Chernochová v. r.
Příloha č. 1
Annex No 1
LIST OF DISTRIBUTIONS, VADES AND STATUS FOR THE ASSESSMENT OF HEALTH ELIGIBILITY FOR MILITARY SERVICES
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Regulation Information
| Citation | Decree No. 288 / 2024 Coll., on medical fitness to perform military active service and on the scope of preventive care provided to soldiers in active service in excess of paid public health insurance services |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.2024 |
|---|---|
| Effective from | 16.10.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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