Last Change:

03/23/2026

Code of the Republic of Kazakhstan dated 20 April 2020 No. 360-VI "On Public Health and Healthc

Year: 2020

Type: Domestic law

Rights Category: Health

Description

The Code of the Republic of Kazakhstan "On the Health of the People and the healthcare system" regulates relations in the field of health protection, establishes a guaranteed amount of free medical care, the procedure for providing medical services, measures to prevent diseases and ensure sanitary and epidemiological well-being. Its provisions apply to all persons in Kazakhstan, including foreign citizens and stateless persons.

Selected provisions
Article 202. Medical care provided through the provision of paid services and other sources

1. Medical care provided on a paid basis (paid medical services) shall be provided by
health care subjects in accordance with standards on a contractual basis.
2. The sources of formation of paid medical services shall be citizens 'own funds,
voluntary medical insurance funds, employers' funds and other sources not prohibited by the
legislation of the Republic of Kazakhstan.
3. Paid medical services are provided to persons, including those held in pre-trial
detention centers and institutions of the penal (penitentiary) system, in:
1) provision of medical care at their initiative, including without sending specialists of the
primary and secondary levels;
2) provision of medical care in excess of the guaranteed scope of free medical care and (or
) in the system of compulsory social health insurance;
3) treatment with medicinal products not included in the medicinal form of the healthcare
organization;
4) conducting medical research that is not included in the list of guaranteed scope of free
medical care and (or) the list of medical care in the compulsory social health insurance
system, and (or) without medical indications;
5) rehabilitation treatment and medical rehabilitation provided in sanatorium
organizations in excess of the guaranteed volume of free medical care and (or) in the system
of compulsory social health insurance, with the exception of persons held in pre-trial
detention centers and institutions of the penal (penitentiary) system;
6) medical genetic research without medical indications;
7) medical examination not provided by the guaranteed scope of free medical care and in
excess of the scope of compulsory social health insurance;
8) provision of medical care under a contract, including voluntary medical insurance;
9) provision of medical care to foreigners and stateless persons, except for the cases
provided by Paragraphs 1 and 2 of Article 83 of this Code.
4. Paid non-medical services to persons shall be provided with additional services (
additional household and service services, including stay in superior wards; additional care
not due to medical indications; additional food; equipping wards and offices with additional
types of non-medical equipment: telephone, TV, office equipment, refrigerator; transport and
other services).
5. The types of paid services and the price list for them shall be brought to the attention of
the population through visual information, including on Internet resources, by healthcare
entities.
6. When providing paid services, healthcare entities maintain primary accounting and
reporting documentation in medical healthcare information systems in the forms approved by
the authorized authority.
7. The healthcare organization shall be responsible for the timely and high-quality
provision of paid medical services to persons from the moment they apply in the manner
established by the legislation of the Republic of Kazakhstan.
8. The procedure for provision of paid services by healthcare subjects shall be determined
by the authorized authority in accordance with this Code and the laws of the Republic of
Kazakhstan.
9. It shall be prohibited to provide, on a paid basis, medical care provided within the
guaranteed scope of free medical care and (or) in the system of compulsory social health
insurance.
Footnote. Article 202 as amended by the law of the Republic of Kazakhstan dated
30.12.2021 № 95-VII (shall be enforced from 01.07.2022).

Article 83. Rights and obligations of kandasses, foreigners, stateless persons and other persons

1. Kandasses, refugees, as well as foreigners and stateless persons permanently residing in
the Republic of Kazakhstan, have the right to receive a guaranteed volume of free medical
care on an equal basis with citizens of the Republic of Kazakhstan.
2. Foreigners and stateless persons temporarily staying in the Republic of Kazakhstan,
asylum seekers have the right to receive a guaranteed volume of free medical care for diseases
that pose a danger to others, according to the list and in the amount determined by the
authorized body unless otherwise provided for by laws of the Republic of Kazakhstan or
international treaties ratified by the Republic of Kazakhstan.
Foreigners and stateless persons identified as victims of human trafficking in the territory
of the Republic of Kazakhstan have the right to receive a guaranteed amount of free medical
care according to the list and in the amount determined by the authorized body.
3. Kandasses, refugees and asylum seekers, foreigners and stateless persons staying in the
Republic of Kazakhstan bear the same responsibilities in the field of healthcare as the citizens
of the Republic of Kazakhstan.
Footnote. Article 83 as amended by the Law of the Republic of Kazakhstan dated
27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official
publication).

Article 76. Guarantee of rights in the field of healthcare

1. The state guarantees to citizens of the Republic of Kazakhstan are as follows:
1) equal access to medical assistance;
2) good quality of medical assistance;
3) good quality of drug provision;
4) availability, efficacy and safety of medicines;
5) carrying out measures for the prevention of diseases, the formation of a healthy
lifestyle and healthy nutrition;
6) freedom of reproductive choice, protection of reproductive health and observance of
reproductive rights;
7) sanitary-epidemiological welfare.
2. The Republic of Kazakhstan guarantees the citizens of the Republic of Kazakhstan
protection from any forms of discrimination and stigmatization due to the presence of any
diseases and conditions.

Article 81. Rights and obligations of pregnant women and mothers in the field of health protection

1. Motherhood in the Republic of Kazakhstan is protected and encouraged by the state.
2. Citizens have the right to support breastfeeding, including protection and promotion of
breastfeeding, inter alia:
1) the protection of the rights of pregnant and nursing women is aimed at ensuring
conditions for the preparation and implementation of breastfeeding (maternity leave,
additional breaks from work to feed infants, part-time work, services on a priority basis in
medical facilities, use of the services provided by parenting rooms, etc.);
2) informing the population on the benefits of exclusive breastfeeding for children under
six months of age and on continuing breastfeeding with healthy complementary foods for up
to two years or more.
3. Pregnant women have the right to:
1) health protection and assistance during pregnancy, during and after childbirth,
including premature one, determined by the international live birth and stillbirth criteria,
using methods permitted in the Republic of Kazakhstan;
2) medical assistance during pregnancy, during and after childbirth;
3) examination, treatment and medical intervention during pregnancy only with their
consent or that of a legal representative, except for cases when delay in examination,
treatment and medical intervention threatens the life of a woman and a child (fetus), when a
decision to carry out examination, treatment and medical intervention is made by a doctor or a
medical case conference;
4) observe a work schedule, maternity leave, unpaid leave to care for a child until the
child reaches the age of three, and working conditions for pregnant women and nursing
mothers in accordance with the labor legislation of the Republic of Kazakhstan;
5) qualified support provided to nursing mothers (parents), counseling by healthcare
professionals trained in lactation, methods of exclusive breastfeeding and complementary
feeding;
6) support for the practice of breastfeeding, which is implemented by child-friendly
medical facilities;
7) time for medical examination and registration as pregnant within twelve weeks of
gestation, which is granted by an employer together with protecting job, securing position and
preserving average salary;
8) other guarantees and incentives in accordance with the laws of the Republic of
Kazakhstan.
4. Pregnant women are obliged to:
1) within twelve weeks of gestation, register as pregnant at the place of registration for
receiving medical assistance within the guaranteed volume of free medical care and (or) in the
system of compulsory social health insurance;
2) follow the doctor’s recommendations during pregnancy, during and after childbirth.
5. If a woman with contraindications for pregnancy plans a pregnancy, she assumes full
responsibility for all health risks to herself and the fetus during pregnancy and up to forty-two
calendar days of childbirth.

Article 91. Preschool and school medicine

1. The activities of preschool and school medicine are aimed at health protection and
dynamic observation of the health status of pupils and schoolchildren.
2. Measures to protect the health of pupils and schoolchildren include:
1) preventive medical examinations right in preschool and educational institutions, also
with the involvement of mobile teams of specialists;
2) recreational activities during the academic period and holidays;
3) introduction of health-saving technologies in preschool and secondary educational
institutions aimed at preventing diseases, introduction and observance of the principles of
rational nutrition, protection of reproductive health;
4) protection of mental health, prevention of suicidal behavior and addictions caused by
the consumption of tobacco products, non-medical use of psychoactive substances, as well as
pathological gambling;
5) referral of schoolchildren for an in-depth medical examination following the results of
preventive examinations;
6) immunization according to the National Vaccination Schedule;
7) organization and conduct of training seminars, training courses and lectures on disease
prevention, promotion and formation of a healthy lifestyle among schoolchildren, first aid;
8) involvement of parents and teachers in the protection of health of pupils and
schoolchildren through educational and awareness-raising activities;
9) compliance with the requirements of sanitary rules;
10) provision of first aid in case of emergency conditions before the arrival of healthcare
professionals providing emergency medical assistance.
3. Medical assistance to pupils and schoolchildren is arranged for by public health entities
providing primary health services in the territory of location of preschool and secondary (
primary, basic secondary, general secondary) educational institutions.
4. The organization of the activities of preschool and school medicine is carried out by
local public health authorities.

Article 196. Guaranteed scope of free medical care

1. The guaranteed volume of free medical care is provided to citizens of the Republic of
Kazakhstan, Candas, refugees, foreigners and stateless persons permanently residing in the
territory of the Republic of Kazakhstan at the expense of budgetary funds, includes preventive
, diagnostic and curative medical services with the greatest proven effectiveness, as well as
drug provision.
The list of the guaranteed scope of free medical care shall be approved by the
Government of the Republic of Kazakhstan.
Foreigners and stateless persons temporarily staying in the Republic of Kazakhstan,
asylum seekers have the right to receive a guaranteed scope of free medical care for diseases
that pose a danger to others, according to the list and in the amount determined by the
authorized authority, unless otherwise provided by the laws of the Republic Kazakhstan or
international treaties ratified by the Republic of Kazakhstan.
2. Medical care included in the guaranteed scope of free medical care shall be rendered by
healthcare professionals admitted to clinical practice in the territory of the Republic of
Kazakhstan.
3. The guaranteed scope of free medical care includes:
1) emergency medical care;
2) primary health care;
3) specialized medical care on an outpatient basis:
in provision of services for prevention and diagnosis of HIV infection and tuberculosis;
in case of injury, poisoning or other emergency conditions;
with socially significant diseases;
in screening examinations for early detection of oncology diseases;
for chronic diseases subject to dynamic observation, according to the list determined by
the authorized authority;
4) specialized medical care in hospital-replacing conditions:
with socially significant diseases;
for chronic diseases subject to dynamic observation, according to the list determined by
the authorized body;
5) specialized medical care in stationary conditions:
when isolating persons who were in contact with a sick infectious or parasitic disease that
poses a danger to others, as well as bacteria carriers, virus carriers and persons with suspected
infectious or parasitic disease posing a danger to others, according to the list determined by
the authorized authority;
in treatment of infectious, parasitic diseases and diseases that pose a danger to others,
according to the list determined by the authorized authority;
in an emergency form for persons who are not consumers of services in the system of
compulsory social health insurance, including carrying out medical and diagnostic measures
in the admission department of a round-the-clock hospital until a diagnosis shall be
established that does not require treatment in a round-the-clock hospital, according to the list
determined by the authorized authority;
in a planned form according to the list of diseases determined by the authorized authority;
6) medical rehabilitation in treatment of the underlying disease, as well as medical
rehabilitation of patients with tuberculosis;
7) palliative medical care according to the list of diseases determined by the authorized
authority;
8) provision of blood products and blood components;
9) pathological diagnostics;
10) preparation of a posthumous donor for removal of organs (part of organ) and (or)
tissues (part of tissue), removal, conservation, procurement, storage, transportation of organs (
part of organ) and (or) tissues (part of tissue) for the purpose of organ transplantation (part of
organ) and (or) tissues (parts of tissue).
4. Provision of medicines, medical devices, specialized medicinal products,
immunobiological drugs within the guaranteed scope of free medical care shall be carried out:
1) in provision of ambulance, as well as specialized care, including high-tech medical
services, in inpatient and inpatient substitution conditions in accordance with the medicinal
formulations of healthcare organizations;
2) in provision of primary health care in accordance with the list of diseases against which
preventive vaccinations shall be carried out;
3) in provision of primary health care and specialized care on an outpatient basis in
accordance with the list of medicines and medical devices for free and (or) preferential
provision of certain categories of citizens of the Republic of Kazakhstan with certain diseases
(conditions).
5. When providing a guaranteed scope of free medical care, healthcare entities use
medicines, medical devices and specialized medical products registered in the Republic of
Kazakhstan. Medicines should be included in the Kazakhstan National Pharmaceutical
Formulary.
It shall be allowed to use medicines and unregistered medical devices that are not
registered in the Republic of Kazakhstan and are not included in the Kazakhstan National
Medicinal Formulary to provide health care for a specific patient or to provide medical care to
a limited contingent of patients with rare (orphan) diseases and (or) conditions in accordance
with the procedure determined by the authorized body.
Footnote. Article 196 as amended by the Law of the Republic of Kazakhstan dated
03.01.2022 № 101-VII (shall be enforced upon expiry of sixty calendar days from the date of
its first official publication); № 74-VIII of 19.04.2024 (shall be enacted sixty calendar days
after the day of its first official publication); dated 25.04.2025 № 185-VIII (to be enacted ten
calendar days after the date of its first official publication).

Article 99. Prevention of HIV infection

1. Measures to prevent HIV infection are taken by:
1) conducting epidemiological monitoring of the prevalence of HIV infection among the
population, including key population groups;
2) informing various groups of the population on HIV infection through information
materials, social networks and the media;
3) integrating HIV prevention issues into the education system and workplaces;
4) providing key population groups with treatment and prophylactic services in trust
points, friendly offices.
A friendly office is a specially organized point for the provision of preventive, therapeutic
and diagnostic assistance in case of sexually transmitted infections to HIV-infected people
and key population groups on a free basis following the principles of voluntariness and
confidentiality;
5) placing and implementing state social grants and state social orders through
non-governmental organizations;
6) ensuring the infectious safety of donation and transplantation, as well as when
providing the population with services related to the violation of the integrity of the skin and
mucous membranes;
7) preventing transmission of HIV infection from a mother to her fetus and child;
8) providing pre-exposure and post-exposure prophylaxis;
9) providing antiretroviral therapy to reduce the risk of HIV transmission from the time of
its diagnosing.
2. Measures to prevent HIV infection are taken in the manner prescribed by the authorized
body.

Article 160. Provision of medical assistance to persons infected with HIV

1. The state guarantees persons infected with HIV:
1) accessible and good-quality confidential medical examination on a free basis, dynamic
observation, provision of psychosocial, legal and medical advice;
2) medical assistance and drug provision within the guaranteed volume of free medical
care;
3) implementation of preventive measures to reduce the risk of HIV transmission from a
mother to her fetus and child;
4) social legal protection.
2. Citizens of the Republic of Kazakhstan, Candace, foreigners, stateless persons, refugees
infected with HIV infection, permanently residing in the territory of the Republic of
Kazakhstan, and children born to HIV-infected mothers with an unspecified diagnosis are
subject to dynamic monitoring and provision of medicines within the guaranteed volume of
free medical care.
3. Persons in need of pre-exposure and post-exposure prophylaxis of HIV infection are
subject to medical observation and drug provision within the guaranteed volume of free
medical care.
4. Persons infected with HIV, including foreigners and stateless persons with restricted
liberty, serving a sentence in detention centers, detainees, who are taken into custody and
placed in special institutions, have the right to receive a guaranteed volume of free medical
care.

Article 150. Artificial abortion

1. A woman has the right to artificial abortion.
2. Artificial abortion at the request of a woman is performed at a gestational age of up to
twelve weeks.
In order to prevent the artificial abortion, doctors are obliged to hold conversations aimed
at clarifying the moral, ethical, psychological and negative physiological consequences,
possible complications.
3. Artificial abortion for social reasons is performed at a gestational age of up to
twenty-two weeks, and given medical indications and conditions that threaten the life of the
pregnant woman and (or) the fetus (in the presence of monogenic genetic disorders,
uncorrected congenital anomalies and fetal abnormalities incompatible with life) - regardless
of the gestational age.
4. The performance of artificial abortion upon minors requires the consent of their parents
or other legal representatives.
5. The performance of artificial abortion upon an adult recognized as legally incompetent,
if she is incapable of expressing her will due to her condition, is possible by a court judgment
taken at the request of her legal representative and with the participation of an adult
recognized as legally incompetent.
6. At the request of a woman, medical facilities provide medical and social counseling
before and after artificial abortion, including individual selection of methods and means of
contraception.
7. The procedure for, the list of medical and social indications, as well as
contraindications for artificial abortion are determined by the authorized body.

Article 162. HIV infection testing

1. Citizens of the Republic of Kazakhstan, kandasses, foreigners, stateless persons,
refugees and asylum seekers permanently and temporarily residing in the territory of the
Republic of Kazakhstan have the right to voluntary anonymous and (or) confidential medical
testing and counseling on HIV infection within the guaranteed volume of free medical care in
public health organizations carrying out activities in the field of HIV infection prevention, in
the manner determined by the authorized authority.
2. Obligatory confidential medical testing for HIV infection within the guaranteed volume
of free medical care shall be subject to:
1) donors and recipients of blood, its components, organs (parts of organ) and (or) tissues
(parts of tissue), sex cells;
2) persons on the basis of requests from the prosecution, investigation and (or) court;
3) persons for clinical and epidemiological indications in the manner determined by the
authorized authority;
4) persons whose liberty is limited, who are serving a sentence by a court verdict in places
of deprivation of liberty, taken into custody and placed in special institutions.
Obligatory confidential medical testing for HIV infection shall be carried out in public
health organizations operating in the field of HIV infection prevention, in the manner
determined by the authorized authority.
3. Medical testing for HIV infection of minors shall be carried out with the consent of
their legal representatives or, at their request, incapacitated persons - with the consent of their
legal representatives.
4. Employees of foreign diplomatic missions, employees of foreign consular offices and
other persons who enjoy privileges and immunities in the Republic of Kazakhstan shall be
tested for HIV only with their consent. The authorized authority shall preliminarily agree on a
proposal on the need for their testing with the Ministry of Foreign Affairs of the Republic of
Kazakhstan.
5. Health care organizations that have identified the fact of HIV infection during a
medical testing, notify the examinee in writing about the result obtained, inform about the
need to observe precautions aimed at protecting their own health and the health of others, and
also warn about administrative and criminal liability for avoiding treatment and infecting
others.