Decree of the Ministry of Health No. 315 / 1998 Coll.
Decree of the Ministry of Health on medical fitness to acquaint yourself with classified information
Valid
Order
Effective from 31.12.1998
Text versions:
31.12.1998
315
DECLARATION
Ministry of Health
of 14 December 1998
on medical fitness to familiarise yourself with classified information
In agreement with the National Security Office ("the Office '), the Ministry of Health provides, pursuant to Section 21 (5) of Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws:
(1) The medical fitness assessment for the authorisation of a natural person to acquaint himself with classified information (hereinafter referred to as the "Opinion") 1) shall be issued by the medical assessor (2) on the basis of the results of his or her own examination or any other necessary examinations carried out on the basis of his or her request, unless otherwise specified.
(2) In the event that the medical assessor is a physician authorised to do so under the authority of the Office, (3) the opinion shall be issued by that doctor after having been familiar with the statement from the medical file of the person obtained by his request from the doctor in accordance with paragraph 1.2.)
(1) Before giving a medical opinion on a person's medical condition, the assessor shall request an assessment of his or her medical condition by the competent medical doctor or clinical psychologist (hereinafter referred to as "further professional examination ') if he or she is in the care of such a medical institution, or if the person's health status is justified by an examination as to whether he or she is suffering from a disease, defect or condition which excludes the ability to hide facts.
(2) In cases of further technical examination as referred to in paragraph 1, the assessor who requested such examination shall send the requested medical institution an extract from the person's medical file and state the reasons for which the professional examination is requested.
(1) The identity of the person must be verified before each examination and further expert examination to establish the medical fitness of the person. The conclusions of his or her examinations or other professional examinations shall be recorded by the assessor in the person's medical file.
(2) The assessor shall indicate in the medical file that he is a person who has been given a medical opinion (Section 5).
A medical assessor shall recognise a person as medically fit only if his examination under the previous provisions has not revealed a disease, defect or condition which excludes the ability to conceal facts. Diseases, defects or conditions excluding medical fitness are listed in the Annex to this Order.
(1) The medical opinion must be clear and must not contain a diagnosis.
(2) The medical fitness assessment shall be accompanied by the signature of the assessor, his name, the stamp of the medical establishment and the date of completion. It shall also state the reason for which the person has been assessed and the duration of the assessment where this period is less than the period for medical reasons.
(1) The medical fitness of persons shall be assessed in entry, periodic and emergency examinations. The examination shall always be requested in such a way that the medical opinion is issued no later than the day on which the previous opinion expires.
(2) The initial examination shall always be carried out in connection with the issue of an assessment by which the proposed person demonstrates his medical fitness as one of the conditions for certification.
(3) Periodic inspection shall be carried out for classification level
(a) "Top secret" once every 2 years;
(b) "Secret" and "Confidential" once every 30 months;
(c) "Reserved" once every 3 years.
(4) Extraordinary inspection is carried out
(a) in cases of reasonable suspicion of a change in medical fitness;
(b) in cases where the period of validity of the previous opinion is shorter than the date of the periodical examination.
(5) Where a person is in temporary incapacity for more than 6 weeks, the assessor shall decide on the type and severity of the illness to carry out an emergency check at the end of incapacity.
(6) The periodic and exceptional examinations referred to in paragraphs 3 to 5 require a person to appear within the time limit set by the statutory authority (4) in agreement with the medical assessor.
In the event of a change in medical fitness due to a change in or development of a person's medical condition, the assessor shall, on the basis of the conclusions of his own examination, including the use of the results of the examinations which pursue the therapeutic purpose, issue a new medical opinion.
This decree shall take effect on the day of its publication.
Minister:
Dr. David, CSc.
Annex to Decree No 315 / 1998 Coll.
NON-MODIFICATION, VERIFICATION OR HEALTH ELIMINATION
1. Organic and symptomatic mental disorders with significant cognitive impairment,
2. mental disorders caused by the consumption of psychoactive substances (except for isolated uncomplicated intoxication), gemblerism,
3. schizophrenia, schizophrenia and delusions, except for long-term quality remission,
4. affective disorder with frequent phases,
5. seizures with a high frequency of seizures,
6. serious personality disorders.
1) Article 77 (1) to (4) of Act No. 20 / 1966 Coll., on the care of the health of the people, as amended by Act No. 548 / 1991 Coll., or Article 29 of Decree No. 62 / 1968 Coll., on the provision of preventive care in the armed forces and of the National Security Corps and on the cooperation of the authorities of the State Health Administration in the provision of such care (medical order).
2) Article 21 (1) of Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws.
3) Paragraph 21 (1) of Act No 148 / 1998 Coll.
4) § 2 (9) of Act No. 148 / 1998 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Health No. 315 / 1998 Coll., on the medical fitness to acquaint yourself with classified information |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1998 |
|---|---|
| Effective from | 31.12.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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