Drug Regulations

Original Language Title: 戒毒条例

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People's Republic of China State Council
  No. No. 597

                    
The drug addiction treatment centres Ordinance adopted executive meeting of the State Council on June 22, 2011 the 160th, are hereby promulgated and, as of the date of promulgation.
                       
Prime Minister Wen Jiabao


The June 26, 2011

Drug regulations
  Chapter I General provisions

First in order to standardize the drug to help drug addicts quit drug addiction, maintain social order, according to the People's Republic of China narcotics control law, this Ordinance is enacted.

The second Government of the people's Governments above the county level should establish a unified leadership, anti-drug organization, coordination and guidance of the Committee, the relevant departments responsible, broad participation of social force detoxification system.

Rehabilitation work adhere to people-oriented, scientific detoxification, general principles of treatment and care assistance, voluntary drug rehabilitation, community rehabilitation, compulsory isolation rehabilitation, community rehabilitation and other measures, set up detoxification treatment, rehabilitation work system which is guide, rescue services.

Third people's Governments above the county level shall be in accordance with the relevant provisions of the State to include requirements for rehabilitation work in the financial budgets.

Fourth anti-drug Committee established by local people's Governments at or above the county level shall organize the public security organs, health administration and medicine supervision and management departments to carry out drug abuse monitoring, investigating and monitoring, the results of investigations to the public.

Local people's Governments at or above the county level public security organs are responsible for testing suspected drug users, drug users registration and dynamic management and control according to law, legally ordered community drug rehabilitation, decided to compulsory isolation, ordered community rehabilitation, management of public security organs compulsory isolation rehabilitation sites, drug rehabilitation places, and provides guidance for communities, community rehabilitation work and support.

Districts of local people's Governments above city level judicial administration Department is responsible for the management of the judicial administrative compulsory isolation rehabilitation sites, drug rehabilitation places, and to provide guidance to communities, community rehabilitation work and support.

Health administrative departments under local people's Governments at or above the county level shall be responsible for drug supervision and administration of medical institutions, together with public security authorities, judicial administrative departments to develop drug treatment the establishment of medical institutions, such as planning, provides guidance and support to drug treatment in medical services.

Local people's Governments at or above the county level civil affairs, human resources and social security, education and other sectors in accordance with their respective responsibilities, to community, community rehabilitation work rehabilitation and vocational skills training, guidance and support.

The fifth Township (town) people's Governments and urban neighborhood offices responsible for communities, community rehabilitation work.

The sixth County districts, the municipal people's Government need to set compulsory isolation rehabilitation sites, drug rehabilitation places, reasonable layout, and approval of the people's Governments of provinces, autonomous regions and municipalities, and into local economic and social development planning.

Compulsory isolation rehabilitation sites, drug rehabilitation places construction standards shall be formulated by the construction sector, development and reform, together with public security departments, the judicial administration Department under the State Council.

Seventh addicts in schooling, employment, social security and so on, without discrimination. For treatment of drug users personal information shall be kept confidential by law.

Officers did not relapse after withdrawal in 3 years, no longer apply the dynamic control.

Eighth, the State shall encourage and support social organizations, enterprises, institutions and individuals to participate in drug research, social services and rehabilitation, social and public welfare undertakings.

Have made significant achievements and outstanding contributions to the rehabilitation work, in accordance with the relevant provisions of the State giving commendations and awards.
  Chapter II voluntary detoxification Nineth countries encourage drug addicts to kick the habit. Drug addicts can go to drug addicts undergoing treatment in medical institutions.

Voluntary drug treatment among drug addicts, the public security organ to its original drug act shall not be penalized.

Tenth drug medical agencies should be linked to voluntary drug addicts or his guardian to sign agreement on voluntary detoxification, detoxification methods, duration of treatment, treatment of personal information confidentiality and rehabilitation personnel shall abide by the rules and regulations, termination of treatment, such as conventions, and shall set forth the drug efficacy, treatment risks.

11th drug medical institutions shall perform the following obligations:

(A) to voluntary drug addicts, infectious diseases such as HIV/AIDS prevention, education and consultation;

(B) voluntary detoxification adopted detoxification treatment, psychological rehabilitation, behavioral and other treatments and shall comply with the health Administrative Department under the State's drug treatment norms;

(C) scientific, standardized diagnosis and treatment techniques and methods used, usage of drugs and hospital preparations, medical devices shall conform to the relevant provisions of the State;

(D) strengthening drug administration according to law, preventing the loss of narcotic and psychotropic drugs abuse. 12th eligible to participate in drug maintenance treatment of addiction detoxification, I applied for and registered, you can participate in drug maintenance treatment.

Enrolled in drug maintenance treatment of addiction detoxification information shall promptly report to the public security organ for the record.

Administrative measures for the maintenance treatment of addiction, the Administrative Department of health under the State Council in conjunction with the public security departments, pharmaceutical supervisory and administrative departments.

13th chapter community detoxification for drug addicts, the County districts, the municipal people's Government, the public security organs may order its community rehabilitation, and issued the order the community drug treatment decisions, serve themselves and their families, informed of domicile or place of residence of township (town) people's Governments and urban neighborhood offices.

14th community detoxification should be since the date of receiving the order written decision on community drug rehabilitation to community drug enforcement in the 15th Township (town) people's Governments and urban neighborhood offices to report, without any justified reason, the time limit is not required, as a rejected community drug treatment.

Community drug treatment for a period of 3 years, calculated from the date of registration.

15th the township (town) people's Governments and urban neighborhood offices shall be in accordance with the needs set up community rehabilitation work leading group, equipped with community drug treatment staff, developing community drug treatment plans, implement the community drug rehabilitation measures.

16th the township (town) people's Governments and urban neighborhood offices shall be after registration with them in a timely manner of drug users in the community drug treatment protocol, specific measures of community rehabilitation, community rehabilitation personnel shall abide by the provisions of responsibilities as well as violations of community drug treatment protocol.

17th community drug treatment staff, community police, community health workers, community, families of drug users members of the anti-drug volunteer group community drug treatment common implementation of community treatment.

18th the township (town) people's Governments and urban neighborhood offices and community drug treatment team management, shall take the following measures to help the community rehabilitation personnel:

(A) knowledge of drug counseling;

(B) education, exhortation;

(C) vocational training, vocational guidance, education, employment, medical care assistance;

(D) other measures that help addicts kick drug habit.

19th community rehabilitation personnel shall abide by the following provisions:

(A) perform community drug rehabilitation agreement;

(B) according to the requirements of public security organs, being tested on a regular basis;

(C) leave the community where the drug enforcement County (municipal and district) 3rd or more, shall be reported in writing.

During the 20th community in community drug rehabilitation of drug users, evade, or refuse to take more than 3 times, leave the communities where the drug enforcement County (municipal and district) more than 3 times or more than the 30th falls within the People's Republic of China anti-drug law "serious violations of community drug treatment".

21st community refused to accept the community drug treatment of drug users in the community during detoxification and drug ingestion or injection, as well as serious violations of community drug treatment protocol, community drug treatment staff should be reported to the local public security organs in a timely manner.

22nd community drug treatment changes in domicile or place of residence of the person, of the need to change the community drug enforcement, community treatment implementation of township (town) people's Governments and urban neighborhood offices shall transmit the relevant information to change the township (town) people's Governments and urban neighborhood offices.

Community drug treatment staff shall community change within 15th of the drug enforcement after change of township (town) people's Governments and urban neighborhood offices reporting, community drug treatment time from the date of registration, continuous computing.

After change of township (town) people's Governments and urban neighborhood offices shall be in accordance with the provisions of this Ordinance the 16th, community drug addicts for a new agreement with the community, continued to implement community drug treatment. 23rd community drug treatment from the date of expiry of the disarmament.

Community drug enforcement issued by the public security organ shall discharge notices of community drug rehabilitation community rehabilitation workers and their families, and informed the community drug treatment within the 7th Executive of township (town) people's Governments and urban neighborhood offices.

24th community being of drug users in prison sentences, to take the measures of compulsory education, community drug treatment stopped.

Community drug addicts were detained, arrested, according to law, and community drug treatment stops, places of detention given the necessary treatment, continue to receive Community drug treatment after their release.

Fourth chapter compulsory isolation rehabilitation 25th drug addicts have the People's Republic of China article 38th of anti-drug law one of the circumstances listed in the first paragraph, the competent police districts, the municipal people's Government to make compulsory isolation rehabilitation decisions.

For serious drug addiction through community rehabilitation personnel to addiction, the County districts, the municipal people's Government of the public security organs may directly make compulsory isolation rehabilitation decisions. Addicted to voluntarily accept the compulsory isolation rehabilitation, compulsory isolation rehabilitation places the county police districts, the municipal people's Government agrees to enter places of compulsory isolation rehabilitation treatment.

Places of compulsory isolation rehabilitation treatment duration, treatment measures, such as conventions.

26th article in accordance with the People's Republic of China narcotics control law 39th first paragraph not apply compulsory isolation rehabilitation of drug addicts, the County districts, the municipal people's Government community drug treatment to the public security organ shall decide, in accordance with the provisions of chapter III of this regulation community drug treatment.

27th compulsory isolation rehabilitation for a period of 2 years from the date on which the decision compulsory isolation rehabilitation.

Compulsory isolation rehabilitation personnel in public security organs of compulsory isolation rehabilitation places implementation of compulsory isolation rehabilitation after 3 to 6 months, go to the Department of judicial administration's compulsory isolation rehabilitation establishments continue to implement compulsory isolation rehabilitation.

Implementation of the provisions of the preceding paragraph do not have conditions of provinces, autonomous regions and municipalities, the comments by the public security organs and judicial administrative departments, provinces, autonomous regions and municipalities to decide on the concrete implementation programmes, but in place of compulsory isolation rehabilitation public security organs perform the compulsory isolation rehabilitation shall not exceed 12 months.

28th compulsory isolation rehabilitation place for compulsory isolated drug addicts, body and belongings were found while checking contraband such as drugs, should be dealt with according to law; items other than necessities from compulsory isolation rehabilitation place for safekeeping.

Female compulsory isolation rehabilitation personnel physical examination shall be conducted by female staff. 29th up medical institutions shall be subject to compulsory isolation rehabilitation places where provinces, autonomous regions and municipalities directly under the approval of the Administrative Department of health under.

Compulsory isolation rehabilitation sites should be equipped with equipment and the necessary administrative staff, by law, compulsory isolation rehabilitation provides scientific and standard drug treatment, psychological care, physical rehabilitation and health, ethics, legal education, vocational skills training.

30th compulsory isolation rehabilitation establishments shall, in accordance with compulsory isolated drug addicts, sex, age, illness, respectively on the compulsory isolation rehabilitation personnel management; to take different kinds of drugs, should have to take the necessary remedial measures according to different stages of the programme and compulsory isolation rehabilitation personnel, implemented to adapt to society at different levels. 31st compulsory isolation addicts suffering from serious illness, no treatment may be life-threatening, approved by the competent authorities of the places of compulsory isolation rehabilitation and compulsory isolation rehabilitation decision authority for the record, outside the compulsory isolation rehabilitation places to allow the treatment.

Outside the medical costs borne by the compulsory isolation addicts themselves. Treatment outside the period, compulsory isolation rehabilitation period of continuous computing. Health status is no longer appropriate for back to the enforced by compulsory isolation rehabilitation, compulsory isolation rehabilitation sites should provide compulsory isolation rehabilitation authorities make recommendations for change to community drug treatment, compulsory isolation rehabilitation decision authority shall, from the date of receipt of the recommendations in the 7th, and make a decision on whether to approve it.

Approved changes to community drug treatment, has the Executive term of compulsory isolation rehabilitation allowance community drug treatment period. Article 32nd compulsory isolation addicts escape, compulsory isolation rehabilitation shall immediately notify the people's Governments at the county public security institutions, and with police officers recovered escape. Compulsory isolation of recovered drug addicts should proceed with the compulsory isolation rehabilitation, not included in compulsory isolation rehabilitation period during the escape.

Recovery of compulsory isolation shall not terminate compulsory isolation rehabilitation of drug users. Article 33rd for compulsory isolated drug rehabilitation places in accordance with the People's Republic of China narcotics control law the 47th article, the provisions of the third paragraph proposed early termination of compulsory isolation rehabilitation, extension of drug treatment, compulsory isolation rehabilitation decision shall, from the date of receipt of the opinion in the 7th, and make a decision on whether to approve it.

On early termination of compulsory isolation rehabilitation or extension of compulsory isolation rehabilitation, issued by the approval authority shall terminate compulsory isolation rehabilitation decision or written decision on the extension of the compulsory isolation rehabilitation period, service is decided, and notify the decision within 24 hours after the service's family, where the unit as well as its domicile or residence police station.

Article 34th release of compulsory isolation rehabilitation, compulsory isolation rehabilitation places should lift compulsory isolation rehabilitation 3rd compulsory isolation rehabilitation decision bodies, lift compulsory isolation rehabilitation service of the certificate issued by himself of drug users, and notify their families, their organization, their domicile or residence police station to reclaim it.

35th compulsory isolation rehabilitation diagnostic assessment measures shall be formulated by the public security Department, the administration of Justice in conjunction with the Health Administration Department under the State Council.

Article 36th compulsory isolation rehabilitation personnel in accordance with prison sentences, mandatory educational measures or is lawfully detained, arrested, regulatory sites, places of detention given the necessary treatment, compulsory isolation rehabilitation time continuous computing; at the end of execution of punishment, the lifting of mandatory educational measures or release of compulsory isolation rehabilitation has not yet expired, continue to implement compulsory isolated drug rehabilitation.

The fifth chapter, 37th on the lifting of compulsory isolation rehabilitation community rehabilitation personnel, compulsory isolation rehabilitation authorities ordered to receive no more than 3 years of community rehabilitation.

Community rehabilitation of domicile or residence of the parties of township (town) people's Governments and urban neighborhood offices implementation agreed by the parties, can also be executed in the drug rehabilitation site.

The 38th was ordered to undergo community rehabilitation personnel, shall from the date of receipt of the order written decision on community rehabilitation in the 15th to domicile or place of residence of township (town) people's Governments and urban neighborhood offices reporting, community rehabilitation agreement signed.

Was ordered to undergo community rehabilitation personnel refused to accept community rehabilitation or serious violations of community rehabilitation agreement, and again, injecting drug use is the decision of compulsory isolation rehabilitation, compulsory isolation rehabilitation shall not terminate.

39th personnel responsible for community rehabilitation in community rehabilitation workers should be provided the necessary psychological treatment and counselling, vocational training, vocational guidance, employment, medical care and schooling aid. 40th community recover from the date of expiry of the disarmament.

Community rehabilitation of execution issued by the public security organ in the disarmament community rehabilitation service of the notice of community rehabilitation workers and their families, and informed the community rehabilitation in the 7th Executive of township (town) people's Governments and urban neighborhood offices.

41st voluntary drug treatment and community rehabilitation, community rehabilitation workers and drug rehabilitation places signed an agreement on a voluntary basis, to the drug rehabilitation site rehabilitation, life and labor.

Drug rehabilitation places shall be equipped with the necessary administrative and medical personnel, to provide drug addicts with drug rehabilitation, vocational skills training and labor conditions.

42nd drug rehabilitation places shall strengthen management, no drugs, and set up drug rehabilitation workers self-management, self-education and self-service mechanism.

Drug rehabilitation places organizations work in the production of drug users, shall be referred to the national labor system provides for the payment of labour remuneration.

Sixth chapter legal liability article 43rd public security, administration of Justice, health and administrative authorities who leak personal information of drug users, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

Article 44th of township (town) people's Governments and urban neighborhood offices responsible for community rehabilitation, community rehabilitation personnel working in one of the following acts, shall be subject to punishment:

(A) with the community drug rehabilitation, community rehabilitation personnel community, community rehabilitation agreement signed, do not implement the community drug rehabilitation, community rehabilitation, (ii) failure to comply with the reporting obligations under section 21st;

(C) other breach of community, community rehabilitation oversight responsibilities.

Article 45th compulsory isolation rehabilitation places of one of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) insult, abuse and corporal punishment of compulsory isolation rehabilitation personnel;

(B) receive, request or property;

(C) the unauthorized use, damage, confiscation or safekeeping of the property;

(D) provided for compulsory isolation rehabilitation personnel narcotic, psychotropic drugs or break the rules to pass the other articles;

(E) in the diagnosis and assessment of compulsory isolation rehabilitation deception;

(F) setting the compulsory isolation rehabilitation personnel;

(VII) other acts of favoritism, dereliction of duty, fails to perform the statutory duties. Seventh chapter by-laws the 46th these regulations come into force on the date of promulgation. On January 12, 1995, issued by the State Council abolished at the same time in the compulsory rehabilitation measures.

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