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Creation.

Original Language Title: Creación.

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INTEGRAL PLAN FOR THE APPROACH OF PROBLEMATIC CONSUMPTION

Law 26,934

Creation. Sanctioned: April 30, 2014 Enacted in Fact: May 28, 2014

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

INTEGRAL PLAN FOR THE APPROACH OF PROBLEMATIC CONSUMPTION

Chapter I

General provisions

ARTICLE 1 °-Creation. Create the Comprehensive Plan for the Tackling of Problematic Consumers (Plan IACOP), whose enforcement authority will be determined by the national executive branch.

ARTICLE 2-Problem consumption. For the purposes of this law, it is understood by problematic consumption that we consume that-mediating or without mediating any substance-negatively affect, in a chronic form, the physical or mental health of the subject, and/or social relations. Problematic consumption can manifest as addictions or abuse of alcohol, tobacco, psychotropic drugs-legal or illegal-or produced by certain compulsive behaviors of the subjects towards the game, new technologies, food, purchases or any other consumption that is diagnosed as compulsive by a health professional.

ARTICLE 3-Objectives. The objectives of the IACOP Plan are: a) Preventing problematic consumption from an intersectoral approach through direct State action; b) Ensuring free comprehensive health care for subjects affected by some consumption (c) To integrate and to socially protect the subjects of some problematic consumption.

ARTICLE 4 °-Authority of application. Function. The implementation authority of the IACOP Plan will be responsible for coordinating the various tools of the plan. For that, it will articulate the actions of

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prevention, assistance and integration between the various national ministries and secretariats and with the provincial jurisdictions and the Autonomous City of Buenos Aires, as appropriate, to comply with the provisions of Chapters II, III and IV of this law.

Chapter II

Of prevention

ARTICLE 5-Community Centers for the Prevention of Problematic Consumption. Create the Community Centers for the Prevention of Problematic Consumption, which will be distributed in the national territory at the disposal of the implementing authority, taking as priority points those of greater social vulnerability. Its objective will be to promote in the population covered instances of personal and community development, emphasizing actions in those sectors with higher levels of vulnerability. To this end, the implementing authority will be able to draw up agreements with other ministries of the national government, as well as with the provinces, municipalities and the Autonomous City of Buenos Aires to incorporate the centers that are created in this area. Article 3 (1) of the Treaty on European Union: Agreements may also be made to this effect with the universities belonging to the National University System, the Federal Penitentiary Service and the penitentiary services of the different jurisdictions.

ARTICLE 6-Integration and operation. The Community Centres for the Prevention of Problematic Consumption will have enough staff to carry out their duties and must be open to the community in a wide time, trying to have the space open at night times.

ARTICLE 7-Specific functions. They are functions of the Centers for Prevention of Problematic Consumption: a) To receive in the center any person who approaches and provides information about the health care tools, the health centers available, the job and educational inclusion plans that are part of the IACOP Plan and to facilitate the (b) to take the territory in which the centre is immersed in order to bring the information referred to in point (a) to the community; (c) Promote the integration of vulnerable persons into the Community; problem consumption in social, cultural or sporting events in order to prevent (d) Interact with schools and clubs in the area in order to bring information about preventive and preventive tools to the educational and social field. inclusion of the IACOP Plan; e) linking and putting together strategies with public institutions and NGOs of the communities to promote activities and instances of participation and development; f) Any other activity aimed at preventing problem consumption in the territories.

Chapter III

Of the assistance

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ARTICLE 8 °-Mandatory benefits. All public health establishments, social works framed in laws 23,660 and 23,661, the Social Work of the Judicial Branch of the Nation, the Directorate of Social Aid for the Staff of the National Congress, the medical entities prepay in accordance with the provisions of Law 26,682, the entities that provide care to the staff of the universities and all those agents that provide medical care services to their members, regardless of the legal figure that have, they will have to provide the benefits for the comprehensive coverage of the treatment of persons suffering from some problematic consumption, which are incorporated into the Mandatory Medical Program (PMO).

ARTICLE 9 °-Rights and guarantees of patients. Problematic consumption should be addressed as an integral part of mental health policies, so that the subjects who suffer from them have, in relation to the health services, all the rights and guarantees established in law 26,657 of mental health.

ARTICLE 10. -Guidelines for assistance. The comprehensive assistance of the problematic consumption should be provided under strict compliance with the following guidelines: a) Respect the individual autonomy and uniqueness of the subjects who demand assistance for the treatment of abuse and addictions, observing the fundamental human rights that assist them and the principles and constitutional guarantees avoiding Stigmatization; b) Prioritize the outpatient treatments, incorporating the family and the environment where the person develops, and consider the hospitalization as a therapeutic resource of a restrictive and extreme nature that should only be carried out when it provides greater therapeutic benefits than the rest of the interventions (c) To promote the care of subjects with problems associated with consumption in general, multi-purpose hospitals. To this end, the hospitals of the public network must have the necessary resources, in accordance with the provisions of Article 28 of Law 26,657; d) Incorporate the damage reduction model. It is understood by reducing damage to actions that promote the reduction of risks to individual and collective health and that aim to improve the quality of life of the subjects suffering from problematic consumption, incidence of communicable diseases and prevent any other associated damage, including deaths from overdose and accidents; e) Incorporate a transdisciplinary and interjurisdictional look, linking the health effectors with the prevention, development and integration of education and work.

ARTICLE 11. -Federal Health Council. The implementing authority will coordinate with the Ministry of Health of the Nation and through the Federal Health Council with the provinces and the Autonomous City of Buenos Aires, compliance with the guidelines of this chapter.

ARTICLE 12. -Duties and control. The provinces or the Autonomous City of Buenos Aires will have to guarantee health care to the problematic consumption with the parameters provided in article 10 of this law. The enforcement authority will be in charge of controlling the effective enforcement of the law by the provinces. The implementing authority will carry out a training plan for the health systems of the provinces and the Autonomous City of Buenos Aires, in order to achieve the best performance of the

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present chapter. No provision of this law may serve to remove rights and guarantees provided for in Law 26,657, which is mandatory for the provinces and the Autonomous City of Buenos Aires.

ARTICLE 13. -Effectors. The implementing authority shall open a Permanent Register of Effectors, in which both governmental and non-governmental authorities dedicated to the diagnosis, dehabituation, detoxification and rehabilitation of the These are problematic, which have been duly authorized to operate by the provinces and the Autonomous City of Buenos Aires. The comprehensive treatments referred to in this chapter can only be performed by the registered effectors in the registry. The provinces and the Autonomous City of Buenos Aires shall adopt the rules for enabling and auditing the effectors established by the implementing authority.

ARTICLE 14. -Places. The general hospitals of the public health system in the provinces must guarantee the availability of beds for the extreme cases that require the hospitalization of the subject who suffers from some problematic consumption.

Chapter IV

Of the integration

ARTICLE 15. -Integration. When the subjects who have had problematic consumption are in a situation of social vulnerability that is contrary to the full development of their abilities and the realization of their activities, and such circumstances put at risk the Success of the treatment, the State will incorporate them into special integration devices.

ARTICLE 16. -Alternatives. The integration phase has two components, the educational and the labor, which will be implemented according to the age and the training of the subject. The educational component is intended to include the system. The work component has as its object the concrete job insertion, seeking to make use of the capabilities and previous experiences.

ARTICLE 17. -Educational inclusion. Addressees. All the subjects referred to in Article 15, who would not have completed their primary or secondary education, would be beneficiaries of the educational component, and would have been treated for problematic consumption in general hospitals, communities therapeutic or any other assistance, or that they have been derived from the preventive instances.

ARTICLE 18. -Educational inclusion. Study grant. The beneficiaries of the educational component will have the right to the perception of a scholarship whose amount will define the implementing authority, which will serve as an incentive and as a means to face the costs of the studies. Beneficiaries will have to maintain schooling and failure to comply with this requirement will cause the benefit to be lost. Prior to the loss of benefit, the guardians, members of the bridge space or those responsible for the prevention centers should seek the return of the subject to the school. Once the compulsory schooling has been completed, the beneficiary will no longer receive the study grant. However, if the subject continues to be in the situation of social vulnerability referred to in Article 15 of this law and will correct the success of his treatment, it may be necessary to be incorporated into the

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labour integration of Article 20.

ARTICLE 19. -Measures. The measures to be taken for people to complete compulsory schooling are: a) The design of bridge spaces, which accompany children, young people and adults in reinsertion into the educational system and in support at school; b) The assurance of basic conditions and resources for the school work: useful, teaching material and (c) The designation of pedagogical facilitators to act as tutors and guide the process; d) Strengthening of teaching capacities through training specifically aimed at understanding the problems of consumption (e) the establishment of a link with the social group to which the persons concerned belong; to prevent premature problems that may appear in the process; f) The report to the care or prevention agencies in case of serious problem consumption.

ARTICLE 20. -Labour inclusion. Addressees. All subjects over 18 (18) years of age referred to in Article 15, who are treated for problematic consumption in general hospitals, therapeutic communities or any other healthcare facility, will be beneficiaries of the work component. which have been derived from the preventive instances. The adolescents of sixteen (16) and seventeen (17) years of age may be included in the work component for duly substantiated reasons when such inclusion is part of the recovery and socio-educational integration project of the young person.

ARTICLE 21. -cross-sectoral agreements. The implementing authority is empowered to articulate actions and to sign agreements with the Ministry of Labor, Employment and Social Security of the Nation, with state agencies of the provinces, and the Autonomous City of Buenos Aires and with non-governmental organisations in order to articulate the income of young people referred to in Article 20 in existing programmes in other jurisdictions.

ARTICLE 22. -Information and occupational guidance. The implementing authority should organise workshops, talks and other activities, with the aim of transmitting to the beneficiaries of this component a formal working culture, providing them with knowledge of the rights and duties they receive as a workers and identify and strengthen their potential for job integration. The participation of beneficiaries in all these activities is free.

ARTICLE 23. -Enrolment of programmes and effectors. The registered effectors in the Permanent Register of Effectors shall report on treatment subjects that comply with the conditions of Article 20 in order to be included in the work component. They will be joined by those derived from the prevention offices referred to in Chapter II of this Law.

Chapter V

Final provisions

ARTICLE 24. -Budget. The national executive branch must incorporate into the draft law of

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budget allocations for the implementation of the IACOP plan.

ARTICLE 25. -Regulations. The national executive branch shall regulate this law within one hundred and eighty (180) days of its promulgation.

ARTICLE 26. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE THIRTY DAYS OF THE MONTH OF APRIL OF THE YEAR TWO THOUSAND FOURTEEN.

-REGISTERED UNDER NO 26,934-

JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Juan H. Estrada. -Lucas Chedrese.

Date of publication: 29/05/2014

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