Decree No 388 / 2023 Coll.
Ordinance amending Decree No. 357 / 2016 Coll., on medical fitness for military active service, as amended by Decree No. 230 / 2023 Coll.
Valid
Order
Effective from 01.01.2024
Text versions:
01.01.2024
22.12.2023
388
DECLARATION
of 14 December 2023
amending Decree No 357 / 2016 Coll., on medical fitness to perform military active service, as amended by Decree No 230 / 2023 Coll.
The Ministry of Defence provides, pursuant to § 21 (7) and § 29 (6) of Act No. 585 / 2004 Coll., on the defence obligation and its provision (Defense Act), as amended by Act No. 47 / 2016 Coll.:
The Decree of the Ministry of Defence No. 357 / 2016 Coll., on medical fitness to perform military active service, as amended by Decree No. 230 / 2023 Coll., is amended as follows:
1. Paragraph 1 (3) is deleted.
2. In Article 2 (3), the words "including operational deployment (4) 'shall be inserted after the words" military active service';
footnote 4:
"4) § 2 (13) of Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended."
Article 3 (4) and (5), including the headings, read:
General medical assessment procedures
(1) The medical fitness shall be assessed on the basis of an extract from the medical documentation of the registrant, the results of the medical examination or any other necessary professional examinations.
(2) The medical examination for the assessment of medical fitness is aimed at identifying 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 thereto. The results of the medical examination shall be presented by the doctor in his medical report.
(3) Where the information contained in the extract from the medical file of the registrant or the results of the medical examination referred to in paragraph 2 do not allow the medical assessment of the medical fitness of the person under assessment to be carried out in an active military capacity, the medical assessor shall require the health service providers to carry out further technical examinations.
(4) The medical assessor shall issue a medical opinion on the medical fitness for an active military service classified by the degree of medical fitness. The medical examination referred to in paragraph 2 or the medical examination referred to in paragraph 3 for medical assessment shall not be carried out more than 90 days before the medical opinion is issued; This period shall not apply to professional examinations in the case of stable health.
Specific medical requirements
(1) Specific medical fitness requirements for special expertise
a) explorer, diver and operator of anti-tank complexes,
(b) a paratrooper,
(c) driver of military vehicles and leaders of military vessels;
(d) radio operator,
(e) operator of radio-tracking and radio-targeting techniques; or
f) Guard service at guard units and Castle guards
are set out in Annex 2 to this Order.
(2) Medical fitness for special expertise is expressed in the opinion on medical fitness for military active service
(a) "fit for special expertise,"
(b) "fit for special expertise only under certain conditions"; the medical assessment shall include the conditions under which the person assessed is fit to exercise special competence; or
(c) "unfit for special expertise." ';
4. in Paragraph 7 (1) (e), "a" is replaced by a comma.
5. In Article 7, at the end of paragraph 1, the dot is replaced by a comma and the following points (g) and (h) are added:
'(g) indicative examination of the musculoskeletal apparatus and skin, and
(h) an indicative assessment of mental functions aimed at detecting obvious psychopathology. ';
6. Paragraph 7 (3) and (4) are deleted.
7.
The medical fitness of a citizen who has requested to be placed on an active reserve, to participate in a military exercise or to be predetermined for the addition of the armed forces shall be assessed in accordance with the procedure laid down in Section 4. ';
8. the following Sections 15a to 15c are inserted after Section 15:
In addition to the examinations provided for in § 7 (1) and (2), the contents of a medical examination intended to assess the medical fitness of a citizen who has applied for an active advance shall also include:
(a) electrocardiographic examination;
(b) indicative examination of speech and passageway of the nasal cavity;
(c) an indicative examination of the oral cavity and the dental status,
(d) a comprehensive examination by a clinical psychologist aimed at detecting psychopathic conditions;
(e) expert gynecological examination in women unless a record of a gynecological preventive examination has been documented over the last 12 months;
(f) a managed interview pursuant to Article 13 (1).
In addition to the examinations provided for in § 7 (1) and (2), the medical examination intended to assess the medical fitness of a citizen who has requested to participate in a military exercise shall also include:
(a) electrocardiographic examination;
(b) indicative examination of speech and passageway of the nasal cavity;
(c) an indicative examination of the oral cavity and the dental status; and
(d) a managed interview pursuant to Article 13 (1).
In addition to the examinations provided for in paragraphs 7 (1) and 7 (2), the medical examination intended to assess the medical fitness of a citizen who has requested a pre-designation to supplement the armed forces shall also include:
(a) an indicative examination of the speech and passageway of the nasal cavity; and
(b) an indicative examination of the oral cavity and the state of the teeth. ';
9. in Article 16, the words "Annexes 2 and 3 'are replaced by the words" Annex 2';
10.
In addition to the tests provided for in § 7 (1) and (2), the medical examination intended for the detection of the medical fitness of a citizen in a levy procedure shall also include:
(a) an indicative examination of the speech and passageway of the nasal cavity; and
(b) an indicative examination of the oral cavity and the state of the teeth. ';
11. in Paragraph 18, the word "detected" shall be deleted;
12. In Section 18, the words "Annexes 2 and 3 'are replaced by the words" Annex 2 to this Decree'.
13. In Part Two, Title VII, including the title, is deleted.
14. Paragraph 20, including the title, reads:
Terms and contents of medical opinion on medical fitness
The medical opinion on medical fitness shall include:
(a) identification data:
1. the persons under consideration, to the extent of the name or, where applicable, the name, surname, date of birth, address of place of residence and, where applicable, address of place of permanent residence,
2. the health service provider who issued the medical assessment, to the extent that the name or business name, address of the registered office, stamp of the health service provider,
3. the medical assessor, to the extent of the name and / or the name, surname and signature,
(b) the serial number or other registration mark of the medical opinion used in the context of the register kept by the health service provider;
(c) an indication of the purpose of the medical assessment;
(d) an assessment conclusion on the medical fitness to perform an active military service, indicating the degree of medical fitness, including, where appropriate, the verbal expression of the medical fitness of the person under consideration for the exercise of special expertise;
(e) the conditions under which the person under assessment is eligible for an active military service where the medical fitness has been classified as a second degree of medical fitness "Schopen subject to condition (mark B)" or a third degree of medical fitness "Schopen restricted (mark C),"
(f) information on the possibility of proposing a review of the medical opinion on medical fitness,
(g) the date of issue of the medical opinion on medical fitness;
(h) an indication of the period of validity of the medical opinion on medical fitness where the medical validity of the medical opinion needs to be limited on the basis of medical fitness. ';
15. in Paragraph 22 (2):
"(2) The review committee for the determination of the degree of medical fitness and decision-making on the ability or inability of a soldier to perform a military active service shall be based on the review procedure documentation and medical reports received by the review committee. ';
16. in Paragraph 23 (1), the words "military provider" shall be deleted;
17. in Article 23 (1) (a):
"(a) changes in the state of health found during a medical examination after the end of treatment or after exhaustion of the therapeutic options which do not correspond to the degree of medical fitness to date,"
18. in Article 23 (1) (d) and (e):
"(d) serious accidents or serious diseases of a soldier in advance reported by that soldier or detected during a medical examination, if they affect his medical fitness and do not correspond to the degree of medical fitness to be determined,
(e) the non-compliance between the state of health identified during the initial medical examination and the degree of medical fitness established in the case of a soldier in an emergency service in a state of state or war, ';
Transitional provision
Medical examination for medical fitness assessment 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 Decree No. 357 / 2016 Coll., as effective from the date of entry into force of this Decree.
Efficacy
This Decree shall take effect on 1 January 2024.
Minister of Defence:
Mgr. Chernochová v. r.
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Regulation Information
| Citation | 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. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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