On Medical-Social Expertise

Machine translation. This text was translated from Georgian automatically and may contain inaccuracies. Only the Georgian text is legally binding: the original on legali.ge · the official publication on matsne.gov.ge. Translation of the consolidated version of 13.06.2023.

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Type of act
Law of Georgia
Number
№1172
Date adopted
07.12.2001

Text of the document

📑 Contents (66 articles)

Law of Georgia

On Medical-Social Expertise

Chapter I. General Provisions

Article 1🔗

This Law determines the legal, economic and organizational foundations of medical-social expertise. Its purpose is the protection of the health of citizens of Georgia and stateless persons, the determination of the status of limited capability, the prevention of the causes causing it, and the creation of conditions for the rehabilitation and integration into society of persons of the said category.

Article 2🔗

The legislation of Georgia in the field of medical-social expertise consists of the Constitution of Georgia, international treaties and agreements of Georgia, this Law and other normative acts.

Article 3🔗

The terms used in this Law have the following meaning:

a) doctor-expert – a doctor holding a state certificate in the specialty, who has special knowledge in medical-social expertise;

b) person with disabilities – a person with lasting physical, mental, intellectual or sensory impairments, whose interaction with various barriers may hinder the full and effective participation of this person in public life on an equal basis with others;

c) cause of disability – medical-biological and social factors causing disability, which determined the disability of the person, as confirmed in accordance with the legislation of Georgia;

d) social protection of a person with disabilities – a system of permanent or temporary economic, social and legal measures guaranteed by the State, aimed at ensuring the creation of appropriate conditions so that a person with disabilities overcomes the limitation of functional ability, which will enable him/her to participate, like other citizens, in public activity and everyday life;

e) representative of a person with disabilities – the legal representative of a person with disabilities (parent, adoptive parent, guardian, curator or trustee);

f) profession – a type of human labour activity which a person possesses through knowledge, skill and experience acquired as a result of special education;

g) medical institution – a legal entity defined by the legislation of Georgia which carries out medical activity in accordance with the established procedure;

h) functional ability – the ability of self-care, movement, orientation, communication, self-control, learning and labour activity;

i) limitation of functional ability – a deviation from the norm of human activity caused by a health disorder, which is characterised by limitation of the ability of self-care, movement, orientation, communication, self-control, learning and labour activity;

j) degree of limitation of functional ability – the magnitude of the deviation from the norm of human activity caused as a result of a health disorder;

k) conditions specially created for labour, household and public activity – special sanitary-hygienic, organisational, technical, technological, legal, economic, micro-social factors which enable a person with disabilities to perform labour, household and public activity in accordance with his/her rehabilitation potential.

l) relevant medical institution (hereinafter – institution) – a medical institution which provides specialised medical services for the diseases, anatomical or mental defects defined by a subordinate normative act of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia.

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Law of Georgia No. 5665 of 28 December 2011 – website, 11.01.2012.

Law of Georgia No. 2102 of 7 March 2014 – website, 19.03.2014.

Law of Georgia No. 3074 of 5 July 2018 – website, 11.07.2018.

Article 4🔗

1. Medical-social expertise is a field of interdisciplinary activity and covers medical-biological, sociological, social, psychological, economic and other aspects.

2. The main task of medical-social expertise is to determine the degree of restriction of a person's capacity to act and, proceeding therefrom, to establish the cause giving rise to the restriction of capabilities, the period of verification and the time of origin, as well as to determine the various types of social protection of persons with disabilities established by the legislation of Georgia.

3. The leading position of medical-social expertise is deemed to be to determine the impairment or the degree of loss of a person's medical and social status, to identify their ability to maintain it and their compensatory-adaptive capabilities, the realization of which will promote the medical, professional and social rehabilitation of a person with disabilities and their becoming a full member of society.

Article 5🔗

The determination of the status of restriction of a person's capabilities and the resolution of other matters of medical-social expertise are based on a comprehensive assessment of clinical-functional, social-household, professional-labour and psychological data.

Article 6🔗

Medical-social expertise is conducted after the implementation of the relevant diagnostic-treatment and rehabilitation measures.

Article 7🔗

Responsibility for the quality of a person's medical examination and diagnostics for the purposes of medical-social expertise shall be borne by the relevant medical institution.

Law of Georgia No. 5665 of 28 December 2011 – website, 11.01.2012.

Article 8🔗

The institution shall issue a conclusion on the matters of medical-social expertise.

Law of Georgia No. 2573 of 23 July 2003 – LHG I, No. 24, 20.08.2003, Art. 176

Law of Georgia No. 4298 of 29 December 2006 – LHG I, No. 51, 31.12.2006, Art. 408

Article 9 . (removed)🔗

Law of Georgia No. 4298 of 29 December 2006 – LHG I, No. 51, 31.12.2006, Art. 408

Article 9¹🔗

1. In order to ensure the measures provided for by this Law, the Government of Georgia shall establish a Legal Entity of Public Law (hereinafter – the Agency), which shall carry out its activities within the powers conferred upon it by this Law, its statute and other legal acts.

2. The statute of the Agency shall be approved, and the person authorized to represent it shall be appointed, by the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia, while state control over the activities of the Agency shall be exercised by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia.

Law of Georgia No. 5629 of 27 December 2011 – website, 30.12.2011.

Law of Georgia No. 3074 of 5 July 2018 – website, 11.07.2018.

Law of Georgia No. 5468 of 11 December 2019 – website, 19.12.2019.

Chapter II. Concept and Categories of Disability

Article 10🔗

1. Disability is such persistent physical, mental, intellectual or sensory impairments that cause temporary or permanent limitation of activity.

2. Depending on the severity of the activity limitation, the activity limitation shall be determined by the following degrees:

a) mild;

b) moderate;

c) significant;

d) severe.

3. The basis for establishing disability status is a moderate, significant and severe activity limitation.

4. The rule for determining disability status shall be developed and approved by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

5. Before reaching the age of 18, a person with disability shall be assigned the category "child with disability status", in accordance with the rule developed and approved by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

Law of Georgia No. 2102 of 7 March 2014 – website, 19.03.2014.

Law of Georgia No. 3074 of 5 July 2018 – website, 11.07.2018.

Article 11🔗

1. In the case of provision of compensatory means for an anatomical or mental defect and impaired function of the body, and creation of special or individual working conditions, a person with disability whose activity limitation is significant or severe may perform various types of work.

2. The list of diseases, anatomical or mental defects during which the work of a person with disability under special or individual conditions is permissible shall be developed and approved by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

Law of Georgia No. 3074 of 5 July 2018 – website, 11.07.2018.

Chapter III. Timeframes for Verification of Disability Status

Article 12🔗

1. In the case of unstable, reversible morphological changes and functional disorders of body systems and organs, for the purpose of monitoring the course of the disease and the effectiveness of the rehabilitation measures carried out, a periodic verification of the person's disability status shall be conducted:

a) in the case of moderate or significant activity limitation – once a year;

b) in the case of severe activity limitation – once every two years.

2. Based on the clinical and social prognosis, as well as the expected effectiveness as a result of carrying out rehabilitation measures, disability status may be established for 6 months.

Article 13🔗

A person's disability status shall be established until the first day of the month following the month in which the verification is scheduled.

Article 14🔗

The status of limited capability shall be assigned without review (permanently) to:

a) a person with limited capabilities who, due to health impairment, exhibits stable, irreversible morphological changes of the body's systems and organs and has functional disorders, where the rehabilitation measures carried out do not produce an effect, and the impaired working capacity is not restored or improved after at least 5 years of observation in the institution;

b) a male with limited capabilities above the age of 55, and a female above the age of 50, as a result of an injury or illness sustained in the performance of military duty, or of an accident at nuclear facilities of military or civilian purpose;

c) a person with limited capabilities as a result of the accident at the Chernobyl nuclear power plant and other nuclear facilities of military or civilian purpose, who has suffered radiation sickness of any degree – regardless of age;

d) a person beyond pension age, except where a favourable clinical prognosis is noted, where there are unstable, reversible morphological changes of the body's systems and organs and functional disorders, and a positive effect may be achieved by carrying out rehabilitation measures;

e) a person who is assigned the status of limited capability on the basis of diseases, or anatomical or mental defects, provided for by the list approved by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia.

Law of Georgia of 23 July 2003 No. 2573 – LHG I, No. 24, 20.08.2003, Art. 176

Law of Georgia of 29 December 2006 No. 4298 – LHG I, No. 51, 31.12.2006, Art. 408

Law of Georgia of 5 July 2018 No. 3074 – website, 11.07.2018

Article 15🔗

1. The review of a person with limited capabilities earlier than the established term, or the review of a person who has been assigned the status of limited capability permanently, shall be carried out when the state of health and working capacity change, or where there is a reasoned suspicion on the part of the controlling body, if a conclusion on the status of limited capability issued without justification is revealed.

2. The review of persons above pension age as defined by subparagraph „d“ of Article 14 of this Law, who have been assigned the status of limited capability permanently, shall be carried out only upon their application, or if the conclusion was issued on the basis of forged documents, which shall be confirmed by the body authorised for that purpose.

3. The Agency shall have the right to summon a person with the status of limited capability for the purpose of review.

4. In the event of non-appearance, the validity of the status of limited capability shall be suspended for the person.

Law of Georgia of 29 December 2006 No. 4298 – LHG I, No. 51, 31.12.2006, Art. 408

Law of Georgia of 27 December 2011 No. 5629 – website, 30.12.2011

Chapter IV. Grounds for limitation of capability

Article 16🔗

1. When determining disability status, the institution shall establish the following grounds:

a) general illness;

b) work-related injury;

c) occupational disease;

d) disability since childhood;

e) disability related to an injury or illness sustained in the performance of military duty;

f) disability not related to an injury or illness sustained in the performance of military duty;

g) disability related to the accident at the Chernobyl nuclear power plant and other nuclear facilities of military or civilian purpose;

h) other grounds established by the legislation of Georgia.

2. A disability shall be considered related to a general illness if it is not connected with the grounds provided for by subparagraphs "b-h" of paragraph 1 of this Article.

3. A disability shall be considered related to a work-related injury if the accident occurred:

a) in the performance of a work duty (including while on a business trip), or in the performance of any duty arising from the employer's interests;

b) on the way to work or on the way back from work;

c) during industrial practice;

d) on the employer's territory or at another place during the working day, during an established break and/or at another time necessary for arranging the workplace, before starting work, or after finishing work;

e) near the employer's territory, during working time or during an established break, if being there does not contradict the internal regulations;

f) in the performance of a state or public assignment;

g) in saving a human life;

h) in protecting state property or public order;

i) in performing the function of a donor.

4. Disability status shall be established as an occupational disease for a person who has developed an acute or chronic illness as a result of exposure to harmful factors characteristic of the given profession, or to working conditions characteristic of the enterprise where he/she worked.

5. Disability status since childhood shall be established for a person whose disability occurred before the age of 18.

6. Disability status shall be established as an injury or illness sustained in the performance of military duty for reserve military servicemen, or persons equated with them under the legislation of Georgia, if it is connected with the protection of the interests of Georgia and the former USSR, their territorial integrity and sovereignty, or the performance of other military or operational duties, as well as wounds, injuries, contusions or illnesses sustained in local wars in other countries.

7. The status of limited capability which is not related to the performance of military obligation shall be established in the case where the trauma or disease was sustained during military service and is not related to the performance of military obligation. In such a case, the status of limited capability shall be established if it was established during the period of military service, or within 3 months after demobilisation, or after the expiry of 3 months after demobilisation, if the trauma or disease was sustained during the period of military service, or within 3 months after demobilisation.

8. The status of limited capability in connection with the accident at the Chernobyl nuclear power plant and other nuclear facilities of military or civil purpose shall not be established for a person whose limited capability is caused by participation in the liquidation of the accident or who has suffered radioactive exposure in a territory contaminated with radioactive substances.

9. When re-examining a person with limited capability, the institution shall have the right to change for him the ground for the status of limited capability, if, by the nature of the disease and/or injury, there are grounds for establishing different grounds for limited capability. In such a case, the ground for the status of limited capability shall be established at the choice of the person with limited capability, or the ground that gives the right to receive a larger pension shall be established.

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Chapter V. Determination of the degree of professional work capacity lost as a result of injury, occupational disease or other damage to health sustained by employees in connection with the performance of labour dutiesLaw of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 17🔗

Injury, occupational disease or other damage to health of employees shall be considered an employment injury in connection with the performance of labour duties (hereinafter – employment injury) if it occurred on the territory of an enterprise, institution, organisation (hereinafter – employer), regardless of their organisational-legal form, or outside its limits while performing labour duties, as well as in the case of travelling to or from the workplace by transport provided by the employer.

Article 18. (removed)🔗

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 19🔗

The victim who is undergoing examination for the first time, or his representative, shall submit to the institution an application of the administration of the employer where he sustained the employment injury, or of the trade union, or a court application (court judgment), an accident report or another document on the damage to health sustained as a result of the employment injury (conclusion of the representative of the relevant state supervisory body), and in the case of an occupational disease – a conclusion of a medical institution.

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 20🔗

1. The degree of loss of professional work capacity shall be determined by the institution taking into account the consequences of a work-related injury.

2. If, as a result of a work-related injury, a pre-existing disease has worsened, the degree of loss of work capacity shall be determined on the basis of the manifestation of the impairment of the body's function caused thereby, taking into account the pre-existing impairments.

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 21🔗

1. Professional work capacity is a person's ability to perform work of a specified qualification and volume with proper quality.

2. If the injured person has several professions, when determining the degree of loss of work capacity, at his/her choice the main profession shall be considered the profession in which the injured person was working at the time of the work-related injury or the profession in which he/she has long work experience, as well as the profession in which he/she was awarded the highest qualification. For a pupil (student) who sustained a work-related injury while undergoing industrial practice, the main profession shall be considered the profession in which he/she is studying.

3. The institution shall verify information about the injured person's work activity, working conditions and the nature of the work performed on the basis of information requested from the workplace and from the body exercising the relevant sanitary supervision."

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 22🔗

1. If the injured person has a pronounced impairment of body function, which makes impossible or impedes the performance of any work, including even in specially created conditions, he/she shall be determined to have lost professional work capacity by 100 (one hundred) percent.

2. If the injured person can perform work only in specially created conditions, the loss of professional work capacity shall be determined at not less than 70 (seventy) percent.

3. If, as a result of a work-related injury, the injured person can perform his/her professional activity, but in a smaller volume or with a downgrade in qualification and a reduction in remuneration, or he/she has lost the qualification but can perform work of another profession of relatively lower qualification and lower remuneration, the degree of loss of professional work capacity shall be determined from 25 (twenty-five) to 60 (sixty) percent, according to the volume of work, the reduction in remuneration and the downgrade in qualification.

4. If the injured person can continue working in his/her profession, which is accompanied by a reduction in remuneration, or in his/her profession but with greater strain than before, the degree of loss of professional work capacity shall be established at up to 25 (twenty-five) percent.

Article 23🔗

In the case of a repeated work-related injury, the degree of loss of professional work capacity in percentages shall be determined according to each work-related injury, regardless of whether the work-related injury occurred while working for the same or a different employer.

Article 24🔗

An extract from the examination act on the results of determining the degree of loss of professional working capacity and on the need for additional assistance shall be sent to the employer or the court, on whose application the injured person underwent the examination, while a certificate on the results of the examination shall be issued in person to the injured person or his/her representative.

Article 25🔗

The institution shall determine the degree of loss of professional working capacity for the entire period from the day of sustaining the employment injury, regardless of when the injured person applied to the institution or the employer, or for the entire period from the day of expiry of the previously determined degree of loss of professional working capacity, if there are grounds therefor.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 26🔗

1. When determining the degree of loss of professional working capacity, the re-examination of the injured person at the institution shall be carried out after 6 months or 1 or 2 years, taking into account the nature of the employment injury and the possibilities of full or partial restoration of working capacity as a result of medical, social and employment rehabilitation.

2. The degree of loss of professional working capacity shall be determined without re-examination (permanently):

a) if the consequences of the employment injury provide grounds for determining the person's disability status without re-examination (permanently), or the partial loss of professional working capacity is caused by stable, irreversible consequences resulting from the employment injury and does not provide grounds for determining disability status;

b) for a person who has exceeded the pension age, except in the case of a reliable clinical prognosis, where reversible morphological changes and functional disorders of the body's systems and organs caused by the employment injury are present.

3. The re-examination of a person provided for by subparagraph „b“ of paragraph 2 of this Article, who has been determined to have a degree of loss of professional working capacity without re-examination (permanently), shall be carried out on the basis of his/her own application or upon detection of an incorrect, unreasonably issued expert opinion (including where the expert opinion was issued on the basis of forged documents, which is confirmed by a body authorised for that purpose).

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Chapter VI. State control of the activity of the relevant medical institutionLaw of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 27🔗

State control of the activity of the institution shall be exercised by the Agency, which, selectively and/or as necessary, verifies the correctness of the opinion issued by the institution.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 28🔗

1. The Agency may, on a selective basis, inspect the activity of an institution once a year.

2. The order of the head of the Agency on the conduct of state control constitutes an administrative-legal act. During the inspection, the Agency shall be obliged to present the said administrative-legal act to the medical institution.

3. By decision of the head of the Agency, a relevant specialist may be invited to conduct the inspection.

4. The Agency shall be obliged, after completion of the inspection, to draw up an inspection report.

5. Taking into account the violation, the Agency is entitled to issue a decision on conducting a repeat inspection by the same or another institution.

6. In the presence of reasonable suspicion, the Agency is entitled to raise before the court the question of invalidating an expert opinion incorrectly issued by the institution.

7. Until the court delivers a final judgment, the operation of the expert opinion shall be suspended.

8. The Agency raises before the competent authority the question of the professional liability of the members of the institution.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 29🔗

The inspection of an institution's expert opinion does not constitute control of entrepreneurial activity and, accordingly, the Law of Georgia "On Control of Entrepreneurial Activity" does not apply to it.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 30. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 31. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 32. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 33. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 34. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 35. (repealed)🔗

Law of Georgia of 23 July 2003 No. 2573 - LHG I, No. 24, 20.08.2003, Art. 176

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 36. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 37. (repealed)🔗

Law of Georgia of 23 July 2003 No. 2573 - LHG I, No. 24, 20.08.2003, Art. 176

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 38. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 39. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Chapter VII. Organisation of medical-social expertise

Article 40. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 41. (removed)🔗

Law of Georgia of 3 December 2002 No. 1811-LHG I, No. 32, 20.12.2002, Art. 154

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 42🔗

The institution, if necessary, may invite a relevant specialist to conduct a medical-social examination.

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 43. (removed)🔗

Law of Georgia of 23 July 2003 No. 2573 - LHG I, No. 24, 20.08.2003, Art. 176

Law of Georgia of 12 October 2004 No. 492-LHG I, No. 31, 27.10.2004, Art. 142

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 44. (removed)🔗

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 45. (removed)🔗

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Article 46🔗

The institution shall:

a) establish the status of limitation of capabilities of a person;

b) establish a causal link in relation to the status of limitation of capabilities, determine the period of verification and the period of onset;

c) assign to a person under 18 the category – "child with the status of limited capabilities";

d) determine the percentage of the degree of loss of professional working capacity for an employee who, in the performance of a labour duty, sustained an injury, an occupational disease or other damage to health, as well as provide additional assistance;

e) determine the existence of a causal link of the death of the breadwinner with labour injury, presence at the front and other circumstances, in order to extend to the family of the deceased the benefits established by the legislation of Georgia, to assign a pension and to compensate for the damage caused;

f) examine a person with limited capabilities in order to determine medical indications for receiving a means of movement (wheelchair, cycle-chair);

g) assist a person in finding the documents that are necessary for conducting the medical-social examination and the submission of which is imposed by the legislation of Georgia on the person to be examined;

h) participate in conferences, meetings and seminars organised on topical issues of prevention of limitation of capabilities and of medical-social examination;

i) (removed – 13.06.2023, 33123);

j) conduct an off-site session at a medical institution and at the patient's place of residence in order to examine a seriously ill patient who, due to their state of health, cannot appear at the institution;

k) submit to the Agency, upon its request, all information (documents) necessary for exercising control.

Law of Georgia of 29 December 2006 No. 4298 -LHG I, No. 51, 31.12.2006, Art. 408

Law of Georgia of 13 June 2023 No. 3123 – website, 27.06.2023.

Article 47🔗

The institution shall have the right:

a) where necessary, to send a person who is being examined for the purpose of specifying the diagnosis and establishing the degree of impairment of the function of the body (organs) to another medical institution;

b) to extend the term of treatment for a person who applies to the institution in order to establish disability status, if there are grounds for doing so;

c) to request and receive the data necessary for conducting medical-social expertise and for performing other functions assigned to it, and information from a medical institution, an enterprise or an organisation, regardless of their organisational-legal form.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 48🔗

In order to ensure the social and other rights established by the legislation of Georgia, all institutions, enterprises and organisations operating in the territory of Georgia (regardless of their organisational-legal form) shall be obliged to accept the conclusion of the institution on the establishment of disability status for a person and on other issues of medical-social expertise determined by this Law.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Chapter VIII. Procedure for conducting medical-social expertise

Article 49🔗

Examination in the institution shall be subject to a person who permanently resides in Georgia and who, as a result of an illness, trauma, anatomical or mental defect, has an impairment of the function of the body with a restriction of the capacity to act, where the legislation of Georgia links the establishment of disability status or the receipt of another expert conclusion to the granting of the right to social protection or to exemption from the performance of the corresponding obligations and/or in other cases provided for by the legislation of Georgia.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 50🔗

A person shall undergo examination in the institution on the basis of an individual application.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 51🔗

1. If a patient, due to his/her state of health, is unable to appear at the institution, the examination shall be conducted in an inpatient facility or at his/her place of residence.

2. In an exceptional case (in remote and hard-to-reach places), medical-social expertise shall be conducted in the absence of the person, with the consent of the person or his/her representative.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Article 52🔗

1. Medical-social examination shall be conducted after all necessary diagnostic, treatment and rehabilitation measures have been carried out, and in the case of a persistently pronounced impairment of the body's function caused by disease, injury or defect.

2. In the referral drawn up by a medical institution for submission to medical-social examination, the data on the person's state of health, the degree of impairment of the function of the body's systems and organs, the state of the body's compensatory capacity, as well as the results of the rehabilitation measures carried out shall be indicated.

Article 53🔗

A person undergoing examination in the institution shall present an identity card or another document confirming identity, and an employee – a certificate from the place of work, indicating the nature and conditions of the work.

Law of Georgia of 29 December 2006 No. 4298-LHG I, No. 51, 31.12.2006, Art. 408

Article 54. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298-LHG I, No. 51, 31.12.2006, Art. 408

Article 55. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298-LHG I, No. 51, 31.12.2006, Art. 408

Article 56🔗

The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia shall develop and approve the forms of documents necessary for the operation of the institution, and the Agency shall issue them on the basis of a request by the institution.

Law of Georgia of 29 December 2006 No. 4298-LHG I, No. 51, 31.12.2006, Art. 408

Law of Georgia of 5 July 2018 No. 3074 – website, 11.07.2018

Article 57🔗

The date of submission of the documents required for examination in the institution shall be considered the date of establishing the status of limited capability."

Law of Georgia of 29 December 2006 No. 4298-LHG I, No. 51, 31.12.2006, Art. 408

Article 58. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298-LHG I, No. 51, 31.12.2006, Art. 408

Article 59. (repealed)🔗

Law of Georgia of 23 July 2003 No. 2573 - LHG I, No. 24, 20.08.2003, Art. 176

Article 60🔗

An interested person may appeal the correctness of the institution's conclusion in accordance with the legislation of Georgia.

Law of Georgia of 23 July 2003 No. 2573 - LHG I, No. 24, 20.08.2003, Art. 176

Law of Georgia of 29 December 2006 No. 4298-LHG I, No. 51, 31.12.2006, Art. 408

Article 61. (repealed)🔗

Law of Georgia of 29 December 2006 No. 4298-LHG I, No. 51, 31.12.2006, Art. 408

Article 62. (repealed)🔗

Law of Georgia of 23 July 2003 No. 2573 - LHG I, No. 24, 20.08.2003, Art. 176

Chapter IX. Transitional and Final Provisions

Article 63🔗

1. The Ministry of Labour, Health and Social Affairs of Georgia shall, within 5 months from the entry into force of this Law, develop and adopt the following normative acts:

a) on the approval of the instruction "On the rules for determining the status of limited capabilities";

b) on the approval of the instruction "On the rules for establishing 'a child with the status of limited capabilities'";

c) on the approval of "The list of diseases, anatomical or mental defects in the presence of which the employment of persons with limited capabilities in special conditions is permissible";

d)(removed).

2. The Ministry of Labour, Health and Social Affairs of Georgia shall, before 1 March 2007, ensure the adoption of a normative act on the approval of the forms necessary for medical-social expertise.

3. Persons whose status of limited capabilities has expired or expires from 1 January 2007 to 1 May 2007 shall retain the said status until re-examination, but not later than 1 May 2007.

4. The Government of Georgia shall, before 1 April 2007, submit to the Parliament of Georgia the drafts of the relevant legislative acts.

Law of Georgia of 29 December 2006 No. 4298 - LHG I, No. 51, 31.12.2006, Art. 408

Law of Georgia of 16 March 2007 No. 4500-LHG I, No. 9, 31.03.2007, Art. 82

Article 63¹🔗

1. The state sub-agency institution of the Ministry of Labour, Health and Social Affairs of Georgia – the State Agency for State Regulation of Medical Activity – shall be reorganised, and on its basis, through the transformation of the Agency, a Legal Entity of Public Law with analogous functions and powers shall be created by a normative act of the Minister of Labour, Health and Social Affairs of Georgia.

2. The Legal Entity of Public Law created by a normative act of the Minister of Labour, Health and Social Affairs of Georgia in accordance with paragraph 1 of this Article shall be considered the successor of the state sub-agency institution of the Ministry of Labour, Health and Social Affairs of Georgia – the State Agency for State Regulation of Medical Activity.

3. The Minister of Labour, Health and Social Affairs of Georgia shall:

a) approve the statute of the Legal Entity of Public Law provided for by paragraphs 1 and 2 of this Article;

b) ensure the appointment of the person authorised to represent the Agency;

c) before 1 March 2012, ensure the implementation of other measures provided for by the legislation of Georgia.

4. The legal acts necessary for the functioning of the state sub-agency institution of the Ministry of Labour, Health and Social Affairs of Georgia – the State Agency for State Regulation of Medical Activity – shall retain legal force until 1 March 2012.

Law of Georgia of 27 December 2011 No. 5629 – website, 30.12.2011.

Article 64🔗

1. This Law shall enter into force 3 months after publication.

2. (Repealed).

3. (Repealed).

Law of Georgia of 14 January 2004 No 3249-LHG I, No 1, 24 January 2004, Art. 3

Law of Georgia of 13 February 2004 No 3333-LHG I, No 4, 2 March 2004, Art. 8

Law of Georgia of 12 October 2004 No 492-LHG I, No 31, 27 October 2004, Art. 142

Law of Georgia of 29 December 2006 No 4298-LHG I, No 51, 31 December 2006, Art. 408

President of Georgia Eduard Shevardnadze

Tbilisi,

7 December 2001.

No 1172–Is