Where should the health record be kept? Who in the organization should be responsible for recording and storing medical records? Where is the employee’s medical record kept according to the standards?

Some types of activities require the employee to have a personal medical or sanitary record. For example, it is mandatory for those who have contact with people (education and services) and with food products (transportation, production, trade, etc.) to have a medical record. You can obtain a health certificate by undergoing a medical examination at a clinic or at a private medical center that has the appropriate state license. The GarantMed medical center offers its services for undergoing a medical examination with a guarantee of maximum comfort and minimal time spent on obtaining a health certificate. Having drawn up a document in accordance with all the necessary requirements of the current legislation, the employee has a question related to how the personal medical record is stored? Who should take it for safekeeping? More on this later in our article.

Storage of medical records by the employee and in the organization

The sanitary record is included in the category of official documents of strict reporting, therefore, the procedure for accounting and storage is defined for it at the legislative level. Based on the approved rules, the organization of work on recording these documents should be carried out using a book/journal for recording movement and issuing medical records. The magazine must not only be laced, but also sealed. Its columns contain information:

about the owner of the medical record – his full name and position;
about the medical book itself - identification number and validity period;
dates of return/receipt of the medical record and owner’s receipt.

Keeping a log of movement and issuance of medical records makes it easier to find the necessary information or allows you to make a sample for drawing up a particular analysis. The absence of a journal and its incorrect design may result in administrative liability (penalties).

The personnel service of the enterprise directly stores medical books. The manager’s task is to provide the proper conditions. For this purpose, they must draw up an order for the storage of medical records of employees, who will be assigned responsibility not only for the safety of documents, but also for organizing and monitoring the passage of preliminary and periodic medical examinations of employees. In case of personnel changes/rearrangements and subsequent change of the person in charge, the forms are transferred to the new employee in accordance with the acceptance certificate. It indicates not only the number of transferred sanitary books, but also the names of the owners. The act is endorsed by the signatures of the old and new responsible person.

The place where sanitary records will be stored is not specified by law. In most cases, a fireproof safe is chosen to effectively protect medical records. It will protect health records not only from loss and theft, but also from thermal influences. The key or code for the electronic lock will only be known to the responsible person.

The procedure for issuing a medical record is established by order of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare dated May 20, 2005 No. 402. In accordance with it, the form is issued to the employee directly on the day of the hygienic certification against signature. The fact that a health book has been issued for a medical examination in medical organizations is recorded in the registration journal. In general, the storage period of a medical record is limited by the duration of the employment contract. When an employee is dismissed, a health certificate is issued to him.

But is the health record always kept in the personnel department? When performing job duties in some areas of activity, the medical book should be in the hands of the employee, and not kept by management. This includes employees of pavilions, kiosks and take-out trays.

In all other cases, the sanitary book must be kept by the employer so that in the event of an inspection by regulatory authorities, inspectors can easily access the forms. Inspectors check the availability and originality of health records, as well as the timing of medical examinations - this is necessary to ensure that the epidemiological situation in each subject of the Russian Federation is favorable.

To get a job in a number of areas, be it trade or the provision of household services, a worker will need a medical book. It can be obtained at a clinic or private clinic; it contains information about the employee’s health status and the absence of contraindications. However, when you receive the book, the question arises - where and who should keep the employee’s medical book. Should the employer take care of its safety, or can the employee take it home for storage?

Where is the health record kept?

From the moment you are hired, the company’s HR department is fully responsible for the entire package of documents required for employment. It also includes a health book. There are only a few situations in which you can receive your medical book for a short time:

against signature for regular medical examinations at the clinic. After the necessary data has been entered into the book, the book must be returned to the employer for storage;
for trading on trays, kiosks or pavilions. In this case, you must have a health certificate in hand while performing your duties.

Thus, where employees’ medical books are stored is determined by the peculiarities of the organization of work and where the workplace of each employee is located. If an inspection by regulatory authorities can be carried out at the place of field work, then you must have the book in hand, but if inspectors can only come to the company’s office, storage is carried out by the personnel department. In any case, keeping a health certificate at the employee’s home is not acceptable.

Who is responsible for storing the medical record?

Each company should have a person responsible for storing medical records who will control their movement, issue originals to employees and return them to storage after changes are made. The company should also have a logbook for recording movements of health records, which, if necessary, will make it possible to find out the location of each document. Unfortunately, if a medical record is lost, it cannot be restored - you will have to undergo the necessary examinations and examinations again. This means paying again for both the form itself and medical services. Therefore, you will have to approach the storage of your medical book responsibly. If the loss of the book occurs due to the fault of the employer or medical organization that provided you with the services of issuing or renewing it, then the person responsible for the loss will have to reimburse the costs of obtaining a new book.

Where is the employee’s medical record kept according to the standards?

Good afternoon dear friends. In this article we will talk about where the employee’s medical record is stored, what rules must be followed, how accounting takes place and some other issues.

A personal medical record is issued to everyone who has undergone a special medical examination at the clinic; without it, an employee cannot be hired at a place where it is required.

Such jobs include all positions and professions that have contact with food, and also provide various services to the population, that is, they have contact with it.

There is a book - what next?

The HR department of any organization does not have the right to hire a person without a health certificate if the requirements for the workplace establish its mandatory availability.

The storage of workers’ medical records, as well as tracking the frequency of necessary medical examinations, should also be ensured by human resources services. In those places where an employee can be checked for a health certificate, for example, when organizing off-site trade outside the enterprise, the health book is given to the employee.

That is, we draw the following conclusion: the medical record must be kept in the personnel department or constantly be in the employee’s hands if necessary.

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This is not a joke

The book is also handed out when undergoing medical examinations at a medical institution. A corresponding entry about this is made in the accounting journal, which the employee gets acquainted with under signature.

The personnel service appoints a special employee who is responsible for storing and moving medical records. If the employee himself has lost the book, then he purchases a new form at his own expense and undergoes an extraordinary medical examination, and if it is a medical organization, then all records will be restored.

Who needs it

Regulations for obtaining, storing and updating records in medical books are legally established in three laws:

Federal Law No. 52-FZ of March 30, 1999, which requires their presence when performing certain job duties.
Order of the Ministry of Health of the Russian Federation No. 229 dated June 29, 2000, which prescribes the certification procedure and its frequency.
Federal Law No. 52-FZ of January 29, 2000, which regulates all workers working with food and drinking water to have sanitary records.
Order of Rospotrebnadzor No. 402 of May 20, 2005 on the requirements for medical books.

State and budgetary enterprises organize periodic medical examinations at the expense of budgetary funds, and commercial or private ones at their own expense.

If an employer requires a health certificate when applying for a job, he is obliged to reimburse the cost of a medical examination to the employee, but not its cost. Like the work book, the employee will have to buy the crusts himself. The employer can reimburse its cost voluntarily, but he is not legally obliged to do so.

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Also, along with receiving a book, each employee must undergo hygiene training, also at the expense of the employer.

Other minor issues

Upon dismissal, the employee takes his medical book with him, so it is normal that he bears the costs of purchasing it himself. And it’s not such a big amount to worry about it.

Hygiene training is also an important point, because without the appropriate mark, the sanitary certificate will be considered invalid. This is done by the Center, department or department of hygiene and epidemiology. Such training for those positions for which it is mandatory is carried out once a year.

For full-time study, the course lasts from 6 to 16 hours, and for full-time and correspondence courses – 3 hours plus the study of educational literature. You can also buy a medical book only in this center, since it is a document of strict accountability.

At the end of the training, the student takes a test and, if successful, receives a stamp in his medical book about passing the certification. You will have to turn it in until you receive the coveted stamp - without it, the book is not valid.

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Protection at altitude

The medical book is protected from counterfeiting, and an experienced HR employee can easily distinguish a real book from a fake one. What is the protection:

The cover is dark blue, in the center there is the inscription “Personal Medical Record”, there is a 7-digit number, individual for each form.
All pages have a watermark.
A photograph of the owner is required, which is certified by the seal of the Center for Hygiene and Epidemiology.
Holograms are used on photographs and stamps with certification.
Original registration number.
Even threads for stitching books are used with special protection.

In general, it is almost impossible to fake a medical record. It’s easier to do everything according to the law: undergo a medical examination and certification. The book is valid until all its pages are filled. Then a new one is purchased.

Upon dismissal or transfer to another place of work, a corresponding entry is made in section 4. For the use of counterfeit information, the employee bears liability, including criminal liability.

Violations and inspections

Employees of Rospotrebnadzor and the police have the right to check the availability and originality of medical books. A lot of violations in health records are found during inspections: this includes failure to comply with the deadlines for medical examinations, falsification of their results, and hiring without books.

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Storage of medical records

Our company prepares and sells food through restaurants, shops, and hypermarkets. The company's employees have medical records. Must an employer keep medical records or can they be kept in the hands of employees?

From the norms par. 4 p. 2 tbsp. 36 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” and clause 1.1 of the Rospotrebnadzor Order of May 20, 2005 N 402 “On a personal medical record and sanitary passport” it follows that a personal medical record is necessary when performing such types of work such as:

Production, storage, transportation and sale of food products and drinking water;

Raising and teaching children;

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Utilities and consumer services for the population.

The procedure for conducting mandatory medical examinations, recording, reporting and issuing personal medical records to employees is determined by the federal executive body that carries out legal regulation in the field of healthcare (Article 34 of the Federal Law of March 30, 1999 N 52-FZ (as amended on July 23. 2013) “On the sanitary and epidemiological well-being of the population”).

The procedure for issuing and working with personal medical records is determined by order of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare dated May 20, 2005 No. 402.

It states here that the book must be kept by the employer and can be issued to the employee upon his request.

A personal medical record is issued to the employee or employer (his authorized person). The employee is issued a personal medical record on the day of the hygienic certification. If the employer receives a medical book, it is issued by agreement, but no later than 15 days from the date of hygienic certification. This follows from the Regulatory Scheme for issuing a personal medical record, approved. By order of the Federal State Institution “Center for Hygiene and Epidemiology in the City of Moscow” No. 12. The employee’s medical record book, as well as his work record book, is kept by the employer during the entire period of his work in this organization (by an individual entrepreneur).

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If the medical record is kept by the employee, then in this case there may be risks when conducting an inspection of the employer (clause 9.14 of the Resolution of the Chief State Sanitary Doctor of the Russian Federation dated 09/07/2001 N 23 (as amended on 05/03/2007) “On the implementation of Sanitary Rules” ( together with "SP 2.3.6.. 2.3.5. Trade enterprises. Sanitary and epidemiological requirements for trade organizations and the circulation of food raw materials and food products in them. Sanitary and epidemiological rules", approved by the Chief State Sanitary Doctor of the Russian Federation 09/06/2001) .

In the event of an inspection, an employee of the HR department demonstrates the presence of these documents. Therefore, if the books are in the homes of citizens, then it will be very difficult to justify themselves to the inspectors.

Thus, the medical record must be kept by the employer.

The procedure for storing employee medical records

Attention! When using articles, consultations and comments, we ask you to pay attention to the date the material was written

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A pharmacy or medical center specialist works part-time in his specialty. Is it necessary to issue a new health record for a new place of work or is it enough to have a copy of the health record certified by the director?

Article 34 of the Federal Law of the Russian Federation dated March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” (as amended on June 25, 2012) defines the obligation of employees of certain professions, industries and organizations to undergo medical examinations when performing their job duties. Data on medical examinations must be entered into personal medical records and recorded by treatment and preventive organizations of the state and municipal health care systems, as well as by bodies and institutions of the state sanitary and epidemiological service of the Russian Federation.

Order of Rospotrebnadzor dated May 20, 2005 N 402 “On a personal medical record and sanitary passport” (as amended on April 7, 2009) approved the form of a personal medical record for workers of certain professions, industries and organizations whose activities are related to production, storage, transportation and sale of food products and drinking water, education and training of children, public utilities and consumer services.

Clause 1.3 of this Order establishes that personal medical records and sanitary passports are issued on forms that are security printing products of level “B”.

According to paragraph 3 of the Order, personal medical records for the above-mentioned employees are issued by hygiene and epidemiology centers.

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From the literal meaning of the above legislation, it follows that an employee’s medical record is a personal document and is issued personally to the employee. No regulatory legal act establishes the obligation of an employee to deposit a medical record book with the employer, just as no regulatory legal act establishes the obligation and right of an employer to require an employee to deposit a personal medical record book.

According to clause 3.3.3 of the Order of the Ministry of Health and Social Development of the Russian Federation dated December 31, 2006 N 897 (as amended on August 20, 2009) “On approval of the Administrative Regulations of the Federal Service for Surveillance in Healthcare and Social Development for the performance of the state function of licensing pharmaceutical activities,” copies of documents, not certified by a notary, are submitted to the Federal Service for Surveillance in Healthcare and Social Development when licensing pharmaceutical activities, when checking activities for compliance with licensing requirements, with the presentation of the original.

Consequently, the employer can store both the original medical records with the employee’s consent and notarized copies of the medical records, or require employees to provide the originals of these documents during verification activities.

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Question: Order 47n contains a list of medicines, which sets volumes beyond which they cannot be sold. What to do with calendula tincture? Its main packaging offered by suppliers is 40 ml. What penalties will the pharmacy bear for selling the drugs specified in this order in large volumes? And why do wholesale organizations still offer volumes of over 25 ml, 50 ml and 100 ml, respectively? Maybe there were some changes?

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The procedure for its acquisition and registration

Labor Code of the Russian Federation (Article 69)

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For persons under 18 years of age, workers engaged in heavy work, in work associated with harmful, dangerous working conditions, with transport management, workers in the food industry, catering and trade, water supply facilities, medical and preventive and child care institutions and some other organizations (Article 213 of the Labor Code of the Russian Federation) must have a medical record when applying for a job.

Failure by the management of the enterprise to comply with the legislation on mandatory medical examination of employees and their lack of personal medical records in accordance with Art. 55 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population” entails disciplinary, administrative or criminal liability (Article 6.3 of the Code of Administrative Offenses of the Russian Federation). But not on the basis of Art. 5.27, for which state labor inspectors are trying to impute responsibility.

So, violation of Art. 55 of the law entails:

imposition of an administrative fine on citizens in the amount of one to five minimum wages;

imposition of an administrative fine on officials - from five to ten minimum wages;

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imposition of an administrative fine on persons carrying out entrepreneurial activities without forming a legal entity - from five to ten minimum wages or administrative suspension of activities for up to 90 days;

imposition of an administrative fine on legal entities - from 100 to 200 minimum wages or administrative suspension of activities for up to ninety days.

The procedure for issuing a personal medical record, undergoing hygienic training and medical examinations is regulated by the following documents:

Federal Law No. 52 of March 30, 1999 “On the sanitary and epidemiological welfare of the population”;

Order of the Ministry of Health of Russia No. 229 of June 29, 2000 “On professional hygienic training and certification of officials and employees of organizations”;

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Moscow Government Decree No. 1228 of December 28, 1999 “On mandatory preventive medical examinations and hygienic certification”;

Order of Rospotrebnadzor No. 402 of May 20, 2005 “On a personal medical record and sanitary passport”;

Instruction No. 11-7/dated May 17, 2000/“On the procedure for issuing and maintaining a personal medical record book and sanitary passport for specially designed or specially equipped vehicles for transporting food products.”

The employer is obliged to provide all the necessary conditions for employees to undergo such examinations in a timely manner, for which purpose it enters into an agreement with the territorial department of the Center for Hygiene and Epidemiology. After which the employee is issued a personal medical record. Pass a medical examination in Rostov-on-Don. The employer is also obliged to organize a medical examination of the employee in medical institutions of the Health Committee and other medical institutions that have appropriate licenses and certified specialists, and in Rospotrebnadzor centers.

It would seem that everything has long been known about the design of the LMK, but questions still arise. Let's look at the most common ones.

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I work as a human resources manager in a company that is engaged in the wholesale sale of fresh vegetables and fruits. Recently, the company's management obliged all administrative employees to obtain personal medical records. How legal is this?

These rules do not apply to managers of trade enterprises, employees of accounting, personnel departments, legal and economic planning departments who do not have direct contact with customers and products. The absence of such contact implies that the employee is isolated not only from the trade clients themselves and their products, but also from workers for whom having a medical book is mandatory (wholesale managers, retail salespeople, food warehouse workers, drivers, loaders, etc.) - in a separate building or room with a separate entrance.

If you are an employee of the HR department and do not have contact with the organization’s products or clients, you do not need to obtain a medical certificate. And therefore, undergo mandatory periodic medical examinations.

At whose expense is a medical record issued (upon hiring, when extending its validity)? At the expense of the employer or at the expense of the employee?

Not a single regulatory act states at whose expense such a book is actually purchased. By analogy with the issuance of a work book, it should be assumed that when applying for a job, the employee purchases a medical book at his own expense. However, the organization may provide compensation for the purchased medical book. Medical examinations (examinations) of already working employees are carried out on a paid basis and are carried out at the expense of the employer (Part 3 of Article 213 of the Labor Code of the Russian Federation, Articles 212 and 266 of the Labor Code of the Russian Federation).

In practice, amounts allocated to pay for examinations of employees and the purchase of medical book forms are taken into account for tax accounting purposes as part of other expenses (subclause 49 of clause 1 of Article 264 of the Tax Code of the Russian Federation). It should be taken into account that such expenses must be justified and documented (Article 252 of the Tax Code of the Russian Federation). This may be an act signed by the authorized body and the employer, a conclusion of the authorized body, etc.

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However, some organizations prefer to pass on the costs of purchasing materials and equipment to employees. They are guided by the following.

1. The Labor Code of the Russian Federation, Article 212, which deals with the employer’s responsibilities to ensure safe working conditions, does not impose on the employer the obligation to purchase personal medical records when hiring an employee to a food industry organization.

2. In accordance with the order of Rospotrebnadzor dated May 20, 2005 No. 402, upon dismissal and transfer to another place of work, the employee’s personal medical record is handed over to its owner and presented at the place of new work. Thus, the personal medical record belongs to the employee, therefore, he must bear the costs of acquiring it himself.

If the organization undertakes the purchase of medical certificate forms (with subsequent distribution to employees and deduction of the cost of the forms from wages), then an application from the employee is required to deduct the cost of the medical book form from wages.

And further. Even if a potential employee, having received a personal medical record paid for by the employer, does not subsequently enter into an employment contract with the organization, it is impossible to force him to “work off” the expenses incurred by the employer.

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What is the procedure for obtaining a personal medical card?

The LMK form was approved by order of Rospotrebnadzor dated May 20, 2005 No. 402 “On a personal medical record and sanitary passport.” Since this is a document of strict accountability, the form can only be obtained from the Rospotrebnadzor department or from medical centers that have been delegated the authority to prepare this document. As a rule, when registering a medical medical certificate, an individual applies for the issuance and registration of a personal medical record, pays and undergoes a medical commission. Then he undergoes professional medical training followed by certification.

After certification, the employee receives a blank book form, with which he is required to go to a number of medical institutions. Each of them is responsible for a specific examination or study.

What caused the replacement of old medical cards with new ones?

The reorganization of the State Sanitary and Epidemiological Service also affected the LMK form. The Federal Service for Supervision of Consumer Rights Protection and Human Welfare approved an order

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No. 402 of May 20, 2005 “On a personal medical record and sanitary passport”, which replaced the personal medical record and sanitary passport for vehicles for transporting food products.

The changes affected mainly the appearance of the document, in particular the word “State Sanitary and Epidemiological Service” was replaced with “Rospotrebnadzor”. In addition, the horizontal orientation of the text of the 2nd and 3rd pages has been adopted - for the convenience of automated processing of medical records (printing on a printer).

Are there fake LMCs?

In accordance with the order of Rospotrebnadzor dated May 20, 2005 No. 402 “On personal medical records and sanitary passports,” medical certificates are issued and issued exclusively at the “Centers for Hygiene and Epidemiology,” and they, in turn, are provided with book forms by the Federal State Health Institution “Information- Methodological Center "Expertise" The same institution maintains a register of issued personal medical records.

When issuing medical certificates, the corresponding holographic stamps are pasted into them.

The medical record reflects data on medical examinations (results of tests for individual diseases, data on preventive vaccinations). The data is certified by the seal and stamp of the medical institution where the employee underwent a medical examination, as well as by the hygiene and epidemiology centers of Rospotrebnadzor.

LMK forms are strictly accountable documents and are not subject to free sale. It is not recommended to purchase LMK anywhere from hand (in markets, kiosks, trays, etc.), as they are invalid!

For printing, strict paper with watermarks is used. On the last page there is a mandatory record about the manufacturer (GOSZNAK printing house). Strict accounting even applies to the security thread used to staple forms. Only an enterprise licensed by the Russian Ministry of Finance has the right to supply these products locally.

The cover and pages of the LMK are made from special materials and using technology that meets the requirements for durable documents (passport, military ID, etc.). LMK size 97 x 135 mm, rounded corners, cover color dark blue. Each personal medical record has a seven-digit number.

In order to protect the LMK from counterfeiting, the following are additionally placed on it:

1) in the center of the cover there is an embossed inscription in golden color, “Personal medical record”;

2) on each page of the book and on the inside cover there is a blue grid in the form of half rings with “hairs”, with the inscription in the center - “Personal medical book”. A fragment of the grid is represented by stylized letters “M” and “D” (medical documents);

3) on each page, the LMC section is indicated at the top center. Duplication of sections 5, 6, 7, 8, 9, 10, 11 on two or more pages is allowed.

The authenticity of a personal medical record is established based on the following criteria:

a round seal “For personal medical books” of the Federal State Institution “Center for Hygiene and Epidemiology in the city of ______” or its branch that issued the book, certifying the photograph of the owner;

holograms, one of which certifies the owner’s photograph, the other – the certification result, entered on pages 29–30;

registration number by which the authenticity of the book is checked (put down in the lower right corner of page 2).

Confirmation of the authenticity of medical examinations and laboratory tests is the entry of their results into a personal medical record using a standard stamp certified by the seal of the medical institution that conducted them:

Federal State Health Institution Center for Hygiene and

epidemiology in the city ________

CERTIFIED to ________________

for work ____________________

The line “For work __________” indicates the type of enterprise, institution (school, kindergarten, canteen, hairdresser, etc.) or type of activity (food trade, industrial trade, passenger transport).

The date of certification is entered in the appropriate column of the personal medical record (to the left of the certification stamp), and the signature of the responsible person who completed the certification is placed under the date.

If the certification result is unsatisfactory, the “Certified” stamp is not entered in the personal medical record.

It is very easy to distinguish fake medical books from real ones: they do not have watermarks, are not protected by holographic stamps, the cover and sheets of such books are often of different colors (blue and green), stitched with multi-colored threads, fastened with metal staples, with or without numbers.

The numbers of such books do not correspond to the numbers of the State Register (often the same number is repeated in them).

A person who purchases medical medical records outside the Center for issuing them is only wasting money: if personal medical records of an unknown type with signs of counterfeit are identified, the employee will have to issue a new personal medical record.

Is it necessary to replace the previous LMK employees with new ones?

Order of Rospotrebnadzor No. 402 of May 20, 2005 “On personal medical records and sanitary passports” does not provide for the replacement of LMKs previously issued by the Centers for State Sanitary and Epidemiological Surveillance with books of a new type.

New forms with the Rospotrebnadzor emblem will be issued to persons of decreed groups of the population (what professions are included in this are listed in the List) who are getting a job for the first time. And also to already working citizens who have completely filled out the pages of their personal medical book, previously issued by the Center for State Sanitary and Epidemiological Surveillance.

Where should employees' personal medical records be kept?

The book must be kept by the administration of the enterprise (organization) or by an individual entrepreneur. Having it in the hands of an employee is allowed only if he performs his job function outside the organization: at remote points (for example, a seller or the owner of a remote outlet in small retail trade), on a vehicle (for example, a driver).

Upon dismissal and (or) transfer of an employee to another job, he is given his personal medical record for presentation at the new place of work.

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Does the medical book have a validity period (expiration date) or how long is it valid? How long does it take to complete a document?

A medical record is an official document subject to mandatory reporting.

How long is a medical book issued by authorized state bodies?

The rules for issuing and validity of a medical book are strictly regulated for all types of workers whose activities require it.

Let's talk about how long the medical book is valid and is it possible to extend it?

How long is it valid?

The crust itself does not have an expiration date if it corresponds to the currently accepted state standard. The validity period of the medical book refers to the medical examination, which confirms that the employee is healthy and can perform his duties without negative consequences for others.

A person who has not been tested on time can infect others through contact.

Therefore, a medical examination must be carried out regularly, and its results must be recorded in the medical record. Most often, it is valid for a year, then the examination must be repeated.

The law distinguishes 2 types of frequency when issuing a medical record:

when applying for a job - preliminary examination;

annual during professional activities - annual examination.

When preparing a medical document, employees must undergo hygienic training courses, the so-called sanitary minimum. They have their own frequency:

Annually for workers in every way connected with food and the education system.
Once every two years for other areas.

The frequency of medical examinations is established by the legislative List. For example, kindergarten teachers are required to undergo bacteriological tests 4 times a year, and specialists in children's industries - annually.

How long does it take to get tested?

The speed of obtaining test results depends on the workload and capabilities of the laboratory of the medical institution - the average time is 3 days.

Private clinics process applications faster.

But not a single list of tests can be completed in a day - this is a sign of fraud.

How long are tests good for?

Each professional sector has its own list of mandatory tests and examinations in the city clinic.

All of them have their own deadlines, after which they must be repeated without fail.

Trade in industrial goods, utilities, pharmacists:

flura, therapist - annually;

Flura, therapist, HIV analysis, HCV, HBS, staphylococcus - annually.
Dermatologist, smear, RW blood - 2 times a year.

Trade in food products, preschool institutions:

flura, therapist, I/helminths and enterobiasis - annually;
I/helminths and enterobiasis - once a year, for preschool institutions and pre-school institutions - four times a year;
vaccination against diphtheria - once every decade;
dermatologist, smear, blood RW – 2 times a year;
typhoid fever, intestinal infections - upon hiring.

Dairy, meat, cream and confectionery production:

Flura, therapist, I/helminths and enterobiasis, brucellosis, staphylococcus - annually.
Vaccination against diphtheria - once every decade.
Dermatologist, smear, RW blood - 2 times a year.
Typhoid fever, intestinal infections - upon admission (when changing places, the result is transferred).

What will happen if the document is late?

The effect of the medical book must be controlled by the employer, because it is he who is responsible for it before the law.

The results of the examinations should not be overdue - the owner of the medical book will not be allowed to take the next hygiene course.

The administration of the organization bears full responsibility for persons who do not undergo a medical examination on time (Administrative Code Article 5.27):

recovery of 1000 - 5000 rubles for an official;
recovery of 1000 – 5000 rubles for individual entrepreneurs;
recovery of rubles for a legal entity.

The citizen faces a warning or a fine of 100 to 500 rubles.

Is it possible to extend?

The expression “extension of a medical record” is incorrect, since it implies a repeated medical examination.

The employee is required to take tests again and see specialists to confirm his professional fitness for health. The following documents are required:

Repeated medical examination and registration of the book proceed according to the standard procedure.

Do I need a new certificate when renewing?

When renewing your medical book, you do not need to purchase a new form. Marks are placed in an old book indicating the date of the examination.

A new form is issued if the previous document runs out of free fields to fill out or replaces the lost one.

How long is a medical card valid? This certificate is not limited in its validity period. However, an employee's health changes and requires periodic monitoring.

The employer is responsible for ensuring compliance with all established standards and paying for the medical examination; responsibility for an expired document will also fall on him.

(Saint Petersburg)

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Where should the employee's personal medical record be kept? Is it necessary to issue a medical certificate upon request of an employee? What to do when an employee changes jobs - read the article.

Question: Can the medical record of an employee of a separate unit be stored in the parent organization?

Answer: Yes, the medical record of an employee of a separate unit can be stored in the parent organization.

Completed medical records are kept by the employer. This is stated on page 30 of the medical book itself. A medical certificate can be issued upon request of an employee. For example, to undergo a periodic medical examination or if the employee’s place of work is remote from the employer’s location.

Rationale

Where should the employee’s personal medical record be kept?

Completed medical records are kept by the employer. A medical certificate can be issued upon request of an employee. For example, to undergo a periodic medical examination or if the employee’s place of work is remote from the employer’s location.

When an employee changes jobs, he presents his medical card to the new employer. On the fourth page of the approved personal medical record form, the employer makes a note about the employee’s transfer to work in a new organization. To do this, fill out Section II “Notes on transfer to work in other organizations.” It indicates the date of hire, the name of the organization and the position of the employee.

Upon dismissal, a medical book is given to the employee, and he presents it at the place of new work.

This conclusion can be drawn from the details indicated on page 30 of the personal medical record form, approved by order of Rospotrebnadzor dated May 20, 2005 No. 402.

Alexander Sorokin answers,

Deputy Head of the Operational Control Department of the Federal Tax Service of Russia

“Cash payment systems should be used only in cases where the seller provides the buyer, including its employees, with a deferment or installment plan for payment for its goods, work, and services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a repayment of such a loan, or itself receives and repays a loan, do not use the cash register. When exactly you need to punch a check, look at

Good afternoon dear friends. In this article we will talk about where the employee’s medical record is stored, what rules must be followed, how accounting takes place and some other issues.

A personal medical record is issued to everyone who has undergone a special medical examination at the clinic; without it, an employee cannot be hired at a place where it is required.

Such jobs include all positions and professions that have contact with food, and also provide various services to the population, that is, they have contact with it.

There is a book - what next?

The HR department of any organization does not have the right to hire a person without a health certificate if the requirements for the workplace establish its mandatory availability.

That is, we draw the following conclusion: the medical record must be kept in the personnel department or constantly be in the employee’s hands if necessary.

This is not a joke

Who needs it

Regulations for obtaining, storing and updating records in medical books are legally established in three laws:

Federal Law No. 52-FZ of March 30, 1999, which requires their presence when performing certain job duties.
Order of the Ministry of Health of the Russian Federation No. 229 dated June 29, 2000, which prescribes the certification procedure and its frequency.
Federal Law No. 52-FZ of January 29, 2000, which regulates all workers working with food and drinking water to have sanitary records.
Order of Rospotrebnadzor No. 402 of May 20, 2005 on the requirements for medical books.

State and budgetary enterprises organize periodic medical examinations at the expense of budgetary funds, and commercial or private ones at their own expense.

Also, along with receiving a book, each employee must undergo hygiene training, also at the expense of the employer.

Other minor issues

Upon dismissal, the employee takes his medical book with him, so it is normal that he bears the costs of purchasing it himself. And it’s not such a big amount to worry about it.

Protection at altitude

The medical book is protected from counterfeiting, and an experienced HR employee can easily distinguish a real book from a fake one. What is the protection:

The cover is dark blue, in the center there is the inscription “Personal Medical Record”, there is a 7-digit number, individual for each form.
All pages have a watermark.
A photograph of the owner is required, which is certified by the seal of the Center for Hygiene and Epidemiology.
Holograms are used on photographs and stamps with certification.
Original registration number.
Even threads for stitching books are used with special protection.

Upon dismissal or transfer to another place of work, a corresponding entry is made in section 4. For the use of counterfeit information, the employee bears liability, including criminal liability.

Violations and inspections

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Decision of the Supreme Court of the Russian Federation dated March 24, 2015 N AKPI15-272 On the refusal to invalidate the order of the Federal Service for Surveillance in the Sphere of Protection of Consumer Rights and Human Welfare dated May 20, 2005 N 402 “On a personal medical record and sanitary passport” and partially Appendix No. 1 to this order

In the name of the Russian Federation

The Supreme Court of the Russian Federation composed of:

Judge of the Supreme Court of the Russian Federation A.M. Nazarova

under secretary N.A. Parshin

with the participation of prosecutor Masalova L.F.,

having considered in open court an administrative case at the request of Pisareva K.S. on declaring invalid the order of the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare of May 20, 2005 No. 402 “On a personal medical book and sanitary passport” and partially Appendix No. 1 to this order, established:

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare (hereinafter referred to as Rospotrebnadzor) issued Order No. 402 dated May 20, 2005 (hereinafter referred to as the Order), which approved the form of a personal medical record book for employees of certain professions, industries and organizations whose activities is associated with the production, storage, transportation and sale of food products and drinking water, the upbringing and education of children, public utilities and consumer services for the population (hereinafter referred to as the form of a personal medical record), which is Appendix No. 1 to the Order. The order was registered with the Ministry of Justice of the Russian Federation on June 1, 2005 N 6674, published on June 13, 2005 in the Bulletin of Regulatory Acts of Federal Executive Bodies and on June 30, 2005 in Rossiyskaya Gazeta.

Page 30 of the personal medical record form contains instructions that the personal medical record must have the seal of the Rospotrebnadzor organization that issued the medical record, as well as the signature of the owner, and must be kept by the administration of the organization or individual entrepreneur and can be issued to the employee upon his request. Upon dismissal and transfer to another place of work, the personal medical record remains with the owner and is presented at the place of new work.

Pisareva K.S. appealed to the Supreme Court of the Russian Federation with an application to recognize the Order as invalid and not subject to application from August 1, 2011, contrary to paragraph 6 of Article 34 of the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” (hereinafter - Federal Law of March 30, 1999 N 52-FZ) and paragraph 4 of Article 71 of the Federal Law of July 18, 2011 N 242-FZ “On amendments to certain legislative acts of the Russian Federation on issues of state control (supervision) and municipal control" (hereinafter referred to as Federal Law No. 242-FZ of July 18, 2011), since it was issued by a body that is not currently vested with the authority to issue such a regulatory legal act. The applicant also requests that the provisions given on page 30 of the personal medical record form be declared invalid from the moment of publication of the Order, as adopted in excess of the powers of Rospotrebnadzor, contrary to Article 64 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), paragraph 6 of Article 34 of the Federal Law of March 30, 1999 N 52-FZ, Part 2 of Article 10 of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data” (hereinafter referred to as the Federal Law of July 27, 2006 N 152-FZ).

Pisareva K.S. did not appear at the court hearing, was duly notified of the time and place of the hearing of the case.

Representative of the applicant O.A. Gulevskaya at the court hearing, she clarified the stated requirements, asked to invalidate the Order from the moment of its adoption and the instructions contained on page 30 of the personal medical record form in the part stipulating that the personal medical record must be kept by the administration of the organization or individual entrepreneur and can be issued to the employee at his request . Upon dismissal and transfer to another place of work, a personal medical record is presented at the new place of work. In support of this requirement, Gulevskaya O.A. explained that the applicant works as a legal adviser to the personnel and legal service of the federal state budgetary educational institution of higher professional education "Murmansk State Technical University" and on the basis of the contested provisions, the employer unlawfully imposed on her, as an employee of the educational institution, the obligation to have a personal medical record book, which contains information about undergoing medical examinations must be kept by the employer and must be presented when concluding an employment contract.

Rospotrebnadzor and the Ministry of Justice of the Russian Federation (hereinafter referred to as the Ministry of Justice of Russia) in written objections to the application indicated that the Order was issued by an authorized federal executive body within the powers granted to it by the legislation of the Russian Federation at the time of adoption of the Order, and does not contradict the federal law or other regulatory legal act , having greater legal force, and does not violate the rights and legitimate interests of the applicant.

Having heard the explanations of the applicant’s representative, the objections of the representatives of Rospotrebnadzor Mineeva O.N., Khizgiyaev V.I., Bukharev A.F., the representative of the Ministry of Justice of Russia Baloyan K.T., the position of the representative of the Ministry of Health of Russia Andre A.A., having checked the contested provisions for compliance normative legal acts having greater legal force, having heard the conclusion of the prosecutor of the General Prosecutor's Office of the Russian Federation L.F. Masalova, who believed that the application cannot be satisfied, the Supreme Court of the Russian Federation does not find any grounds for satisfying the stated requirements.

Federal Law of March 30, 1999 N 52-FZ as amended by Federal Law of August 22, 2004 122-FZ, in force at the time of publication of the Order, provided that the procedure for conducting mandatory medical examinations, recording, reporting and issuing personal medical books are determined by the federal executive body authorized to carry out state sanitary and epidemiological supervision (clause 6 of Article 34).

Such a federal executive body exercising control and supervision functions in the field of ensuring the sanitary and epidemiological well-being of the population, protecting consumer rights and the consumer market, in accordance with the original version of paragraph 1 of the Regulations on the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 322 (hereinafter referred to as the Regulations on Rospotrebnadzor), was Rospotrebnadzor, which on the date of publication of the Order was under the jurisdiction of the Ministry of Health and Social Development of the Russian Federation (hereinafter referred to as the Ministry of Health and Social Development of Russia) (clause 2 of the Regulations) .

In accordance with clause 3 of the Rules for the preparation of normative legal acts of federal executive bodies and their state registration, approved by Decree of the Government of the Russian Federation of August 13, 1997 N 1009, and clause 5.6 of the Model Regulations for the internal organization of federal executive bodies, approved by decree of the Government of the Russian Federation dated July 28, 2005 N 452, the contested regulatory legal act by Rospotrebnadzor was coordinated with the Ministry of Health and Social Development of Russia.

Thus, the Order was issued by the authorized federal executive body within the competence granted by Federal Law of March 30, 1999 N 52-FZ, in the manner established by the Rules for the preparation of normative legal acts of federal executive bodies and their state registration.

Federal Law of July 18, 2011 N 242-FZ amended paragraph 6 of Article 34 of Federal Law of March 30, 1999 N 52-FZ, according to which the powers to determine the procedure for conducting mandatory medical examinations, recording, and reporting and the issuance of personal medical records to employees were transferred to the federal executive body that carries out legal regulation in the field of healthcare.

According to Part 4 of Article 71 of the Federal Law of July 18, 2011 N 242-FZ, until changes are made to the regulatory legal acts of the Russian Federation aimed at bringing these acts into compliance with this law, these acts are applied to the extent that does not contradict the said law.

The procedure for conducting mandatory preliminary (upon entry to work) and periodic medical examinations (examinations) of workers engaged in heavy work and work with harmful and (or) dangerous working conditions was approved by order of the Ministry of Health and Social Development of Russia dated April 12, 2011 N 302n (hereinafter referred to as - Order).

There is no other regulatory legal act of the federal executive body that carries out legal regulation in the field of healthcare, defining the procedure for recording, reporting and issuing personal medical records to employees.

The applicant’s argument that the introduction of amendments to paragraph 6 of Article 34 of the Federal Law of March 30, 1999 N 52-FZ entails the cancellation of the Order issued in accordance with this law cannot be recognized by the court as valid, since the recognition of the normative the legal provision in pursuance of which the Order was adopted does not constitute a basis for termination of the normative legal act adopted previously by the authorized federal executive body.

By virtue of the Federal Law of March 30, 1999 N 52-FZ, in the recreation and health improvement of children, preschool and other educational institutions, regardless of organizational and legal forms, measures must be taken to prevent diseases, preserve and strengthen the health of students and pupils, including measures to organize their nutrition, and comply with the requirements of sanitary legislation (clause 1 of Article 28).

Article 34 of the said law provides that in order to prevent the occurrence and spread of infectious diseases, mass non-infectious diseases (poisonings) and occupational diseases, employees of certain professions, industries and organizations, when performing their job duties, are required to undergo preliminary upon entry to work and periodic preventive medical examinations ( paragraph 1). Individual entrepreneurs and legal entities are required to provide the necessary conditions for timely medical examinations by employees (clause 3).

Corresponding to this norm of the law is Article 212 of the Labor Code of the Russian Federation, according to which the employer is obliged, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, to organize, at his own expense, mandatory preliminary (upon hiring) and periodic (during employment) activities) medical examinations, other mandatory medical examinations, mandatory psychiatric examinations of workers, extraordinary medical examinations, mandatory psychiatric examinations of workers at their requests in accordance with medical recommendations with the preservation of their place of work (position) and average earnings for the duration of these medical examinations, mandatory psychiatric examinations.

Harmful and (or) dangerous production factors and work, during the performance of which mandatory preliminary and periodic medical examinations are carried out, the procedure for conducting such examinations is determined by the federal executive body authorized by the Government of the Russian Federation (part four of Article 213 of the Labor Code of the Russian Federation).

Article 331 of the Labor Code of the Russian Federation establishes that persons with diseases included in the list approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of healthcare are not allowed to engage in teaching activities.

Order of the Ministry of Health and Social Development of the Russian Federation dated April 12, 2011 N 302n approved the List of works during the performance of which mandatory preliminary and periodic medical examinations (examinations) of workers are carried out, which includes work in educational institutions of all types and types.

Federal Law of March 30, 1999 N 52-FZ in Article 34 establishes that data on medical examinations are subject to entry into personal medical records and recording by medical authorities of the state and municipal healthcare systems, as well as by bodies exercising federal state sanitary and epidemiological supervision (point 5). Employees who refuse to undergo medical examinations are not allowed to work (clause 4).

Article 76 of the Labor Code of the Russian Federation provides for the employer’s obligation to remove from work an employee who has not undergone a mandatory medical examination in the prescribed manner, as well as a mandatory psychiatric examination in cases provided for by this code, other federal laws and other regulatory legal acts of the Russian Federation.

Consequently, the provision contained in the form of a personal medical record regarding the storage of a personal medical record with the employer and the possibility of issuing a personal medical record to an employee upon his request, as well as the presentation of a personal medical record at a new place of work upon dismissal and transfer to another place of work, complies with current legislation.

The applicant's argument about the contradiction between Article 65 of the Labor Code of the Russian Federation, which defines the list of documents presented when concluding an employment contract, and the specified contested provision of the regulatory legal act, is untenable, since it does not establish an obligation to present any document when concluding an employment contract.

The contested norm does not contradict Part 2 of Article 10 of Federal Law No. 152-FZ of July 27, 2006, which provides for cases in which the processing of special categories of personal data, in particular those relating to health status, is permitted.

According to this law, the subject of personal data decides to provide his personal data and consents to their processing freely, of his own free will and in his own interest (Part 1 of Article 9). Processing of personal data on health status is permitted if it is carried out for medical and preventive purposes, in order to establish a medical diagnosis, provide medical and medical and social services, provided that the processing of personal data is carried out by a person professionally engaged in medical activities and obliged in accordance with with the legislation of the Russian Federation to maintain medical confidentiality (clause 4 of part 2 of article 10).

The employer, by virtue of Article 88 of the Labor Code of the Russian Federation, can allow access to the personal data of employees only to specially authorized persons, while these persons should have the right to receive only those personal data of the employee that are necessary to perform specific functions.

Information about the fact that a citizen applied for medical care, his state of health and diagnosis, other information obtained during his medical examination and treatment, in accordance with parts 1 and 2 of Article 13 of the Federal Law of November 21, 2011 N 323-FZ “On the Fundamentals of Protection health of citizens in the Russian Federation" constitute a medical secret. Disclosure of information constituting medical confidentiality, including after the death of a person, by persons to whom they became known during training, performance of labor, official, official and other duties is not permitted, except for the cases established by parts 3 and 4 of this norm.

Part 4 of Article 13 of the said law establishes an exhaustive list of cases in which it is permissible to provide information constituting medical confidentiality without the consent of the citizen or his legal representative.

The contested regulatory legal act does not contain provisions imposing an obligation on the employer to provide information that is a medical secret to the authorities that carry out sanitary and epidemiological supervision, without the consent of employees.

Considering that the Order was issued within the powers granted to Rospotrebnadzor, that the contested regulatory legal provisions do not violate the rights and legitimate interests of the applicant and do not contradict the federal law or other regulatory legal act of greater legal force, the court, in accordance with Part 1 of Article 253 of the Code of Civil Procedure of the Russian Federation, accepts decision to refuse applications.

Guided by Articles 194-199, 253 of the Civil Procedure Code of the Russian Federation, the Supreme Court of the Russian Federation established:

in satisfaction of the application of Pisareva K.S. to invalidate the order of the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare of May 20, 2005 No. 402 “On a personal medical record and sanitary passport” and partly Appendix No. 1 to this order to refuse.

The decision can be appealed to the Appeals Board of the Supreme Court of the Russian Federation within a month from the date of its adoption in final form.

Judge of the Supreme Court of the Russian Federation A.M. Nazarova
Document overview

The act that approved the form of a personal medical record for workers of certain professions, industries and organizations was disputed.

We are talking about companies whose activities are related to the production, storage, transportation and sale of food products and drinking water, raising and educating children, public utilities and consumer services.

Based on this form, this medical book should be kept by the administration of the organization or by the individual entrepreneur.

It can be issued to the employee upon his request. Upon dismissal and transfer to another place of work, the personal medical record remains with the owner and is presented at the place of new work.

According to the applicant, among other things, the provisions unlawfully impose on her (the legal adviser of the personnel department of the educational institution) to have the specified medical book.

The RF Supreme Court did not support the applicant’s position and indicated the following.

In 2011, amendments to the Law on the Sanitary and Epidemiological Welfare of the Population were adopted.

According to these amendments, the authority to determine the procedure for conducting mandatory medical examinations, recording, reporting and issuing personal medical records to employees was transferred to another government agency.

However, this, contrary to the applicant’s arguments, does not entail the cancellation of the contested act.

Recognition as invalid of a provision in pursuance of which an act was previously adopted by the authorized body does not constitute grounds for termination of its validity.

By virtue of the Law on the Sanitary and Epidemiological Welfare of the Population, certain measures must be taken in the recreation and health of children, preschool and other educational institutions, regardless of organizational and legal forms.

These are measures to prevent diseases, preserve and strengthen the health of students and pupils, including organizing their nutrition.

In addition, the requirements of sanitary legislation must be met.

Legal entities and individual entrepreneurs are obliged to provide the necessary conditions for timely medical examinations by employees.

Thus, the legislator imposed the obligation on the employer to conduct periodic medical examinations of employees.

In this regard, keeping personal medical records with the employer ensures control over the timely completion of medical examinations by employees.