Some Russian users are interested in the very delicate topic of how to deregister from a psychiatrist. This question turns out to be useful for those who have sought help from specialized doctors (at least once in their lives). Mental disorders that a person has can become a significant reason for refusal to issue a license (for example, to drive a vehicle or to carry a weapon), and also become an obstacle to a citizen’s employment in a certain job, etc. However, not all diseases and deviations lead to the appearance of similar problems, but confusion can still arise (due to lack of awareness of all medical nuances).
What is registration in a psychoneurological dispensary?
Today the term “accounting” itself is no longer used. It was replaced by the concepts of “dynamic observation in a dispensary” and/or “therapeutic and advisory assistance.”
Observation by specialists at a psychoneurological dispensary (hereinafter referred to as PND) now means the following activities:
- Medical and advisory assistance, which, as a rule, is prescribed when a person turns to health workers on his own. In this case, completing a course of consultations requires the personal consent of the patient. If a person under 15 years of age needs such assistance, then the signature of his parents/guardians on the document is required. In the event that a patient does not come to a medical institution for more than 1 year to receive appropriate consultations, his card is transferred to the archive. Thus, there are no further restrictions for such a patient, and he is not required to regularly visit a psychiatrist in the future.
- Dynamic observation in a dispensary, which is classified as an active type of assistance and in some cases can be of a violent nature. Such observation necessarily requires a medical examination of the patient by an appropriate specialist (at least once a year). In this case, there are certain difficulties with completely removing such a diagnosis, since improvement in the patient’s condition can be considered by the attending physician as remission. To completely remove the diagnosis, a conclusion from a special competent commission will be required, which will make the final decision.
Which people are considered incompetent?
“Incompetent person” is not only a medical concept, but also a legal one. In accordance with Article 29 of the Civil Code of the Russian Federation, such people are recognized as people who are not able to understand the meaning of their actions and cannot consciously control them.
It is important to understand: incapacity is not only permanent, but also temporary. For example, a salesperson may be healthy, but a week before the deal he went on a deep drinking binge or started taking drugs. Or the person suffered from a mental illness, but then a stable remission occurred, and he was recognized as legally competent. It is important what condition it was in at the time the contract was concluded.
All transactions with real estate owned by incapacitated citizens can only be concluded by their official guardians, with the permission of the guardianship authorities. Of course, there is no need to evaluate the mental state of every person who is going to sell an apartment or garage. But it is very advisable to do this if there are some “alarm bells”.
PND: nuances of registration
The procedure for registering a patient with a psychoneurological dispensary can be started in the following cases:
- According to the patient’s personal statement (in the case when he independently decided to undergo treatment). Such a statement is written to the head physician of the PND. Moreover, if the patient is a minor, then his parents/guardians will draw up the paperwork for him.
- At the request of family members, relatives, neighbors or housing and communal services employees. This happens when the patient himself does not see the problems and does not agree to voluntary treatment, but his actions can cause harm to others.
A statement of this kind contains a request for a compulsory examination and, if necessary, further treatment. Based on the application, the dispensary collects a package of documents, which is then sent to the court for consideration. The presence at the court hearing of the person who filed the application is mandatory. If the court takes his side, the patient will be forcibly sent to a hospital for examination/treatment.
- There is another option, in which there is a direct threat to the life/health of other people (for example, a person has fallen into unconsciousness and in this state threatens to kill everyone). In this case, the family or neighbors should call an ambulance, clearly describing the current situation. The patient will be placed in a hospital, but they often propose to act in the manner described above, since in this case the staff of the medical institution want to insure against the option if the person turns out to be healthy and decides to go to court with a claim about the unlawfulness of the actions of doctors or family members.
Who can request an examination?
Any of the participants in this transaction can initiate a psychiatric examination of a person conducting a real estate transaction:
- directly the buyer or seller;
- a bank that issues a loan for the purchase of real estate;
- realtor or notary accompanying the transaction.
However, none of these people can demand anything. An examination by a psychiatrist is an entirely voluntary procedure. A person may well refuse - this is his right. Such a refusal is a reason for the buyer to think twice. It is likely that the seller has something to hide. It is better to refuse such a deal immediately. Or act solely at your own peril and risk.
After what time does the PND deregister?
If the patient has completed a course of treatment, has fully recovered and wants to return to a full life, he needs to be deregistered from the PND.
It goes like this:
- after 1 year, the patient may no longer take the medications that were prescribed to him, and also is not required to come to the dispensary for consultations. However, experts in the field of psychiatry still recommend coming for consultations over the next 5 years so that you can be sure of a complete cure;
- after 3 years – the patient is removed from the register (if during this period there were no exacerbations or recurrence of problems);
- after 5 years, all patient data will be sent to the archive. This indicates that the diagnosis has been completely removed, but information about past problems will remain in the database forever. Such information can be requested at any time by individual structures (for example, the court, the police, etc.).
Please note that depending on the specific situation, the above deadlines may be revised (this depends on the success of the treatment). After all, no one will “release” a patient who is incapable of independent life or who is generally socially dangerous.
If, at the request of the parents/guardians, the child was registered, then upon reaching the age of 15, he has the right to demand that his medical record be transferred to the archive. Health workers can satisfy such requirements only if the person is not registered.
Certificates may be requested by buyers or other participants in the transaction.
There are many reasons for this. For example, buyers may ask for certificates for the following reasons: the owner is elderly; there are suspicions that the owner abuses alcohol; there are suspicions that the owner is/has been taking drugs; there are suspicions about the adequacy of the owners, etc.
The buyer can specifically ask for certificates, because according to the law they are not required when registering a transaction. In turn, the owner may refuse. As you can see, everything here is by agreement of the parties.
Documents for selling an apartment with instructions on where and how to obtain them
The same situation applies to buyers with a mortgage. Before giving a citizen money to buy an apartment, bank employees check the apartment and the sellers. Each bank has a list of requirements and mandatory documents that must be submitted for verification.
For example, VTB Bank requires certificates from owners of retirement age only. And Gazprombank requires these certificates from all owners, regardless of age. At least this is the case in St. Petersburg.
As a result, if, at the “request” of the bank, you do not provide these certificates, it will simply refuse to issue a loan for the purchase of an apartment. This means you will have to look for another buyer. And “mortgage holders” in the real estate purchase and sale market make up half of the total number, according to statistics for 2021 from DOM.RF.
If the purchase and sale transaction is certified by a notary, he may also ask the sellers to show certificates. The notary certifies the signatures in the purchase and sale agreement and thereby confirms that the parties to the transaction were legally capable and understood their actions. If the owners do not provide certificates, the notary will refuse to certify the transaction.
Personally, I always advise sellers to make concessions. It’s not difficult to get certificates, and you never want to lose potential buyers.
How to remove the diagnosis in the PND in order to obtain a license?
According to the current legislation of the Russian Federation, a candidate for a driver’s license (hereinafter referred to as a driver’s license) or a driver who wants to exchange a license must undergo a medical examination. A visit to a psychiatrist in a public health facility is mandatory. At the same time, a medical institution located at the place of registration has the right to issue a certificate stating that a person is not registered at a psychoneurological dispensary.
In order to properly withdraw from observation at the PND and obtain the necessary certificate of health in order to obtain a driver’s license, you will need to undergo the treatment prescribed by the psychiatrist, as well as fully comply with his recommendations. In this case, the specialist conducts a conversation, during which he will determine whether it is possible to remove the diagnosis in a particular case.
It should be noted that the reason for refusal may be the most insignificant detail (for example, the wrong tone of conversation with the doctor, hostility or aggressiveness, etc.). If complete recovery is confirmed by a specialist, the patient’s file is transferred to the archives. And if this does not happen, then additional treatment awaits him.
If a person does not agree with the decision of the attending physician and the refusal, he has the right to contact the head physician/head of the medical institution with a demand to satisfy his interests. If this does not happen, it makes sense to go to court.
Psychiatric registration
The Russian Psychiatric Institute is extremely developed, since in our country there is a real understanding of the prevalence and danger of disorders and diseases of the mental spectrum. The procedure for identifying mental pathology is quite simple and does not cause difficulties, especially for experienced specialists. The causes of mental pathologies are mainly the following factors:
- suffered tragedy, grief, bereavement;
- hormonal imbalances or changes;
- hereditary or genetic predisposition to this kind of disorder.
But mental health problems are not a death sentence. Modern therapeutic techniques are very effective and efficient, and therefore quickly cope with even complex mental pathologies.
Every citizen suffering from mental disorders is registered with a psychiatric dispensary. Such a measure is necessary to control people who are not entirely healthy, to protect them from the rest of society in case of dangerous or aggressive behavior, etc.
But when registering with a psychiatrist, a citizen is automatically deprived of some socialization opportunities, which include employment in certain positions and obtaining a driver’s license. That is why, after recovery, citizens strive to quickly get rid of the diagnosis and receive certificates confirming recovery.
Correct diagnosis from a psychiatrist
The question of how to get a diagnosis removed from a psychiatrist and get a driver’s license is of interest to those people who have ever had problems in this area and turned to the appropriate specialists.
It is advisable to resolve this issue with the involvement of a lawyer, since an experienced specialist will approach the problem comprehensively and will be able to:
- substantively study the medical report that was the basis for the diagnosis;
- collect documents and certificates that will prove that the patient was diagnosed incorrectly or that after treatment he is completely healthy;
- draw up an application correctly;
- represent the interests of the client in court (if this turns out to be necessary).
Involving a lawyer experienced in this area will make it possible to significantly speed up the procedure for removing the diagnosis and, as a result, obtain the necessary certificates for successfully passing a medical examination and legally obtaining a driver’s license.
Last update: 04-09-2020
How is an examination by a psychiatrist for real estate transactions carried out?
During the examination, a psychiatrist talks with the person, conducts some tests and special studies:
- Examination of exhaled air vapors using an analyzer is a procedure that helps to identify the state of alcohol intoxication.
- Calculation of pulse rate and measurement of saturation (the level of oxygen saturation in the blood).
- Examination, questioning about complaints, taking anamnesis.
- Inspect the skin for punctures that may indicate intravenous injections.
- Study of biological fluids for the presence of psychoactive substances.
- Tests to assess attention (Schulte test), alcoholic nystagmus (involuntary eye movements - Taschen test), state of intelligence and memory.
- Assessment of the cognitive (cognitive) sphere: whether a person is oriented in place and time, in what state he has memory, attention, concentration, perception, speech.
- Analysis of mental state. The doctor checks whether the person has psychoproductive symptoms, such as delusions, hallucinations, depressive and manic states.
The list looks long, but all these procedures go quite quickly, especially if they are performed by an experienced doctor.
Procedure for canceling a diagnosis
Today, the process of deregistration from psychiatric register is carried out in one of two ways:
- At the request of the patient himself, but with special events aimed at confirming his health;
- Automatically. It is established at the legislative level.
With the first method everything is clear. A person with a corresponding request comes to his doctor. He conducts an examination, sends them to inspection activities, and, if everything is in order, removes them from the register.
As for automatic withdrawal, certain problems often arise here. There are special circumstances under which such withdrawals are made:
- Based on the results of one-year observation and taking appropriate medications.
- There were no exacerbations for three years.
- In the fifth year after registration, the person had no relapses or other mental disorders.
- During the entire period of treatment, the person strictly followed the rules of therapy and the doctor’s recommendations.
- There was no aggression towards relatives or medical staff.
- The person generally looks healthy and adequate.
After automatic deletion, the person’s personal file is sent to the archive. Accordingly, the registration is canceled, and the person may no longer visit the psychiatrist. If the psychiatrist has certain doubts about the general state of a person’s health, he can cancel the possibility of automatic deregistration.
How not to rehabilitate?
Modern psychiatric hospitals are often used to implement illegal schemes. Accordingly, after their implementation, they try to quickly remove themselves from the register, that is, to rehabilitate themselves.
Not only scammers are trying to speed up the withdrawal process, but also people who have had problems and who consider themselves healthy. For such accelerated withdrawal, several schemes that violate the law are used:
- Obtaining false certificates from public and private clinics.
- Change of personal data, from full name to gender.
- Moving to another city. But this method practically does not work today, since there is a single database for recording unhealthy people.
- Theft of medical cards or other documents from a psychiatric clinic.
- Forgery of doctor's reports.
All of the above actions are classified as criminal offenses. They are regulated by Art. 327 of the Criminal Code of the Russian Federation. If a person acts according to illegal schemes, he breaks the law. And this is fraught with punishment and deprivation of the opportunity to ever be rehabilitated at all!