Standard regulation of obligatory immunoprevention of flu in a control system of incidence of health workers
Abstract
In article the interconnected provisions of the federal legislation and regulations of federal executive authorities regulating a question of obligatory immunization of health workers against flu in aspect of legal consequences of refusal of her are considered. The analysis of the existing regulations and materials of jurisprudence concerning carrying out obligatory vaccination of health workers against flu is carried out. By results of the analysis it is shown that today a problematic issue is absence of the accurate standardly consolidated criteria of reference of these or those categories of medical personnel to group of the subjects of obligatory immunization performing works with sick infectious diseases and, respectively, against flu. It doesn’t allow the management of the medical organizations to differentiate specifically mentioned professions and positions owing to what the requirement about obligatory carrying out preventive inoculations against flu of those health workers whose obligatory vaccination isn’t provided actually is compulsion to vaccination. Therefore, the subsequent discharge from work in case of refusal it работни from carrying out an inoculation strikes at his rights (as in this case, for example, time of discharge isn’t subject to payment and inclusion in the length of service granting the right for the annual paid vacation) and is illegal.
It is offered to accept as such criterion the labor function fixed by the statutory act of authorized federal executive authority for concrete positions of employees of the medical organizations providing performance of work with sick infectious diseases. The recommendations to heads of the medical organizations concerning the publication of local acts on the organization of vaccinal prevention of flu and adoption of administrative decisions after written refusals of vaccination are provided.
About the Authors
A. E. ZobovRussian Federation
Saint-Petersburg
A. A. Kuzin
Russian Federation
Saint-Petersburg
V. V. Kolesnikov
Russian Federation
Saint-Petersburg
References
1. Ivannikov, YU.G., Ismagulova, A.T. Epidemiologiya flu / Yu.G.Ivannikov, A. T. Ismagulova. – Alma-Ata: prod. «Kazakhstan», 1983. – 203 pages.
2. Larentsova, L.I. Professional stress of dentists and methods of his correction / L.I. Larentsova. Avtoref. yew … Dr.s of medical sciences. – Moscow, 2002 – 40 pages.
3. Maximov, I.L. Vrach of versatile hospital: state of health, ethic and legal aspects of activity / I. L. Maximov, Avtoref. yew … edging. medical sciences. – Kazan, 2003 – 22 pages.
4. Pronina, N. N. Gigiyenicheskaya assessment of a state of health of doctors of a therapeutic profile/N. N. Pronina. Avtoref. yew … edging. medical sciences. – Volgograd, 2008. – 25 pages.
5. Sysoyev, P. G. Otsenka of health and quality of life of doctors of a therapeutic profile of am-bulatorno-polyclinic establishments / P. G. Sysoyev. Avtoref. yew … edging. medical sciences. – Moscow, 2012 – 24 pages.
6. Craws, A.E., Cousins, A.A. Infectious incidence of the military personnel as an indicator of ensuring sanitary and epidemiologic wellbeing of military-training institutions//In сб. «Preventive medicine-2015». Materials of the All-Russian scientific and practical conference with the international participation, St. Petersburg, on November 25, 2015 / Under the editorship of O. G. Hurtsilava, SPb.: SEI VPO to SZGM of I.I. Mechnikov of the Russian Ministry of Health, 2015 – 94 pages.
7. Sanitary and epidemiologic rules of the joint venture 3.1.2.3117-13 «Prevention of flu and other sharp respiratory viral infections»//Konsultant-Plus – the Mode of access http://base.consultant.ru/cons/_doc_LAW_161638/
8. Podushkina, A.V. Epidemiological features of flu and SARS in modern conditions and an assessment of efficiency of specific prevention and insulating and restrictive actions / A.V. Podushkina. Avtoref. yew … edging. medical sciences. – Perm, 2012. – 26 pages.
9. The federal law of the Russian Federation from 9/17/1998 No. 157-FZ « About immunoprevention infectious diseases» – Collection of the legislation of the Russian Federation, – 1998, – No. 38, – Art. 4736
10. The order of the Ministry of Health of the Russian Federation from 21.032014 g No. 125n «About the statement of the National calendar of preventive inoculations and a calendar of preventive inoculations according to epidemic indications»// Konsultant-Plus – Mode of access http://base.consultant.ru/cons/_doc_LAW_162756/
11. The constitution of the Russian Federation (it is accepted by national vote 12/12/1993)//Konsultant-Plus – the Mode of access http://base.consultant.ru/cons/_doc_LAW_2875/
12. Appeal definition of Judicial board on civil cases of the Yaroslavl regional court of November 22, 2012 in the matter of No. 33-5976/2012
13. Appeal definition of Judicial board on civil cases of Krasnoyarsk regional court of September 24, 2012 in the matter of No. 33-8248
14. The resolution of the Seventeenth arbitration appellate court of April 9, 2013 No. 17AP-2683/2013-AK in the matter of No. A60-41673/2012
15. Appeal definition of Judicial board on civil cases of Court of the Yamalo-Nenets Autonomous Area of September 23, 2013 in the matter of No. 33-2022/2013
16. Appeal definition of Judicial board on civil cases of Krasnoyarsk regional court of August 4, 2014 in the matter of No. 33-6974, B-57
17. Appeal definition of Judicial board on civil cases of the Supreme Court of the Komi Republic of July 16, 2015 in the matter of No. 33-3452/2015
18. The order of the Ministry of Health and Social Development of the Russian Federation from 5/15/2012 N 543 N (an edition from 9/30/2015) «About the adoption of the Provision on the organization of rendering primary health care to adult population»//Konsultant-Plus – Mode of access http://base.consultant.ru/cons/_doc_LAW_189697/
19. The order of the Ministry of Health and Social Development of the Russian Federation from 1/31/2012 of N 69 N «About the statement of an order of delivery of health care by the adult patient at infectious diseases»//Konsultant-Plus – Mode of access http://base.consultant.ru/cons/_doc_LAW_128178/
Review
For citations:
Zobov A.E., Kuzin A.A., Kolesnikov V.V. Standard regulation of obligatory immunoprevention of flu in a control system of incidence of health workers. Journal Infectology. 2016;8(2):92-96. (In Russ.)