Regulation Of The Minister Of Health Number 2415/menkes/per/xii/2011 2011

Original Language Title: Peraturan Menteri Kesehatan Nomor 2415/MENKES/PER/XII/2011 Tahun 2011

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Microsoft Word-bn825-2011 REPUBLIC of INDONESIA No. 825, 2011 MINISTRY OF HEALTH. Medical Rehabilitation. The Abuse Of Narcotics. REGULATION of the MINISTER of HEALTH of the REPUBLIC of INDONESIA NUMBER 2415/MENKES/PER/XII/2011 on the MEDICAL REHABILITATION of ADDICTS, ABUSERS and VICTIMS of ABUSE of NARCOTICS with the GRACE of GOD ALMIGHTY the MINISTER of HEALTH of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 59 paragraph (1) of Act No. 35 of 2009 about Narcotics and article 13 paragraph (6) the Government Regulation number 25 in 2011 on the implementation Report Narcotics Addict need to set Regulations, the Minister of health about the Medical rehabilitation of Addicts, Abusers and victims of abuse of narcotic drugs; Remember: 1. Act No. 8 of 1981 on the book of the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209); 2. Act No. 29 of 2004 concerning the practice of Medicine (State Gazette of the Republic of Indonesia Number 116 of 2004, an additional Sheet of the Republic of Indonesia Number 4431); 3. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437), www.djpp.kemenkumham.go.id 2011, no. 825 2 as amended by law number 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844); 4. Act No. 35 of 2009 about Illegals (Gazette of the Republic of Indonesia Number 143 in 2009, an additional Sheet of the Republic of Indonesia Number 5062); 5. Act No. 36 of 2009 about health (State Gazette of the Republic of Indonesia Number 144 in 2009, an additional Sheet of the Republic of Indonesia Number 5063); 6. Act No. 44 of 2009 about hospitals (State Gazette of the Republic of Indonesia Number 153 in 2009, an additional Sheet of the Republic of Indonesia Number 5072); 7. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local authorities and the regional Government of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); 8. Government Regulation number 25 in 2011 on the implementation Report Narcotics Addicts (Gazette of the Republic of Indonesia Number 46 in 2011, an additional Sheet of the Republic of Indonesia Number 5211); 9. Presidential Instruction No. 12 of 2011 on the implementation of policies and national strategies of prevention and eradication of Drug abuse and illicit traffic in 2011-2015; 10. The decision of the Minister of health the number 494/Menkes/SK/VII/2006 concerning the designation of hospitals and the satellite Test Service Rumatan Therapy of methadone And Methadone Therapy Program Guidelines Rumatan; 11. Regulation of the Minister of health the number 147/Menkes/Per/I/2010 regarding the Licensing of hospitals; www.djpp.kemenkumham.go.id 2011, no. 8253 12. Regulation of the Minister of health the number 271/Menkes/Per/III/2008 about the medical record; 13. the regulation of the Minister of health the number 332/Menkes/Per/III/2008 about the approval of the Medical Act; 14. Regulation of the Minister of health the number 340/Menkes/Per/III/2010 concerning the classification of the hospital; 15. The decision of the Minister of health the number 420/Menkes/SK/III/2010 regarding Guidelines and Comprehensive Rehabilitation Therapy Services on the use of DRUGS Interference-based Hospital; 16. The decision of the Minister of health the number 420/Menkes/SK/III/2010 about service standard therapy and rehabilitation of Impaired the use of DRUGS; 17. The decision of the Minister of health the number 422/Menkes/SK/III/2010 about Medical Treatment Guidelines for use of DRUGS Interference; 18. Regulation of the Minister of health Number 2833/Menkes/Per/X/2011 about Permission practices and implementation of the practice of Medicine (News of the Republic of Indonesia in 2011 Number 671); Decide: Define: REGULATION Of The MINISTER Of HEALTH ABOUT The MEDICAL REHABILITATION Of ADDICTS, ABUSERS And VICTIMS Of The ABUSE Of Narcotics. CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. Medical Rehabilitation is a process of integrated treatment activities to free addicts from dependence of narcotics. 2. Narcotic Drugs are substances or drugs derived from plant crops or not, whether synthetic or semisintetis, which can cause a decrease or alteration of consciousness, loss of taste, reduce to eliminate pain, and can lead to dependency, which is differentiated into classes-www.djpp.kemenkumham.go.id 2011, no. 825 4 groups attached as in Act No. 35 of 2009 about narcotics. 3. Narcotics, psychotropic drugs and addictive substances, hereinafter called DRUGS, are substances that can affect psychiatric/psychological conditions can cause physical dependence seseorangserta and psychology. 4. Narcotic Addict is a person using or abusing Narcotics and in a State of dependence on Narcotics, either physical or psychic. 5. Narcotic Abusers are people who use Narcotics without rights or against the law. 6. Victims of abuse of Narcotics is someone who accidentally using Narcotics because persuaded, deceived, tricked, coerced, and/or threatened to use narcotics. 7. the Narcotic Dependence is a condition characterized by an urge to use Narcotics is continuously with increasing rate in order to produce the same effect and if its use is reduced or stopped unexpectedly, it will cause physical and psychological symptoms. 8. medical rehabilitation Facilities are used to organize the Ministry of rehabilitation of Narcotic dependence, abuse and through the activities of integrated treatment both physical, psychic, spiritual and social. 9. Detox is a process of medical intervention which aims to help addicts, abusers and victims of abuse of narcotic substances break up due to overcome the symptoms of discontinuation of Drug abusers and addicts, bodies of victims of abuse who experience physical dependence. 10. rumatan Medical Therapy is a long term therapy for a minimum of 6 months for the client dependency Opioida by using the synthetic opioid agonis (Methadone) or partial agonis (Bufrenorfin) by way of oral or lingual, under the supervision of trained doctors, by referring to the national guidelines. 11. Patients under are addicts, abusers and drug abusers under aged less than or equal to 18 (eighteen) years of age. 12. the judicial process is a series of events ranging from judicial penindakan against the existence of a criminal offence (source) to the birth of a court decision that has the force of law. www.djpp.kemenkumham.go.id 2011, no. 8255 13. The Director General is the structural position of Echelon I in the Ministry of health that the tasks and responsibilities in the field of construction of health efforts. 14. the Minister is the Minister of the organizing Affairs of the Government in the field of health. CHAPTER II FACILITIES article 2 (1) Medical Rehabilitation at the medical rehabilitation facilities held by the Government, local government, or the public. (2) medical rehabilitation Facilities as referred to in subsection (1) includes hospitals, clinics or rehabilitation institutions in particular that organizes medical rehabilitation. (3) a specific rehabilitation Institution referred to in subsection (2) includes the following: a. the institution of Government owned DRUGS rehabilitation or local governments; b. medical DRUGS Rehabilitation Clinic organized by the community. Article 3 (1) hospitals and clinics which organizes medical rehabilitation are assigned by the Minister. (2) the Minister's delegate the determination of hospitals and clinics as referred to in paragraph (1) to the Director General. (2) the determination of local government owned hospitals or community health centers and medical rehabilitation providers as done after getting recommendations from local governments. Article 4 (1) specific rehabilitation Institution that organizes medical rehabilitation required to have a permit in accordance with laws-invitation. (2) specific rehabilitation Institution referred to in subsection (1) must get the approval of the Minister to be able to organise the medical rehabilitation of addicts, abusers and victims of the abuse of narcotics. (3) the application for approval filed with the administrative completeness to attach as follows: www.djpp.kemenkumham.go.id


2011, no. 825 6 a. Copy/photocopy of a valid permit; b. the rehabilitation agency Profile which includes the organizational structure management, health care personnel, infrastructure, and equipment as well as medical rehabilitation services to be provided; and c. the full identity of the applicant. Article 5 (1) the leadership of certain rehabilitation institutions apply in writing for approval to the Minister through the Director-General. (2) the Director-General within 3 (three) months since the petition received set accept or reject the petition for approval or extension of approval of the application. (3) a petition is not qualified disapproved by the Director General by giving a reason for his refusal in writing. Article 6 (1) approval for medical rehabilitation can organise addicts, abusers and victims of abuse of narcotics is valid for 5 (five) years and can be extended as long as meet the conditions. (2) the extension of the agreement referred to in subsection (1) is carried out by applying for an extension of the approval is 6 (six) months prior to the expiry of approval. (3) the application for extension of approval referred to in subsection (2) is submitted to the Minister through the Director General by attaching a photocopy of an old agreement and the report of the Organization of the medical rehabilitation has been done. Article 7 (1) medical rehabilitation Facilities should be put up a shingle as an organizer of medical rehabilitation. (2) certain medical rehabilitation Institutions must contain permit number and approval number on the nameplate. Article 8 medical rehabilitation Facilities have a duty: a. organizes the medical rehabilitation standards profession service standard, and standard operating procedures; b. carry out social functions; www.djpp.kemenkumham.go.id 2011, no. 8257 c. participate in networks and carry out the functions of the reference; d. carry out a series of therapies and disease transmission prevention efforts through the use of narcotic injection; e. Drawing up standard operational procedures in accordance with the rehabilitation treatment modality used with reference to the standards and guidelines medical management; and f. perform record keeping and reporting in medical rehabilitation. CHAPTER III ORGANIZATION of MEDICAL REHABILITATION Part One General article 9 (1) medical rehabilitation Process includes assessment, preparation of a plan of rehabilitation, outpatient rehabilitation or hospitalization, and post-war rehabilitation program. (2) the assessment referred to in subsection (1) includes interviews, observation and physical examination against addicts, abusers and victims of abuse of narcotic drugs, using the example of the form as attached. (3) the assessment carried out at the beginning, during and after the rehabilitation process. (4) the assessment for the rehabilitation process as referred to in paragraph (3) is carried out at least every 6 months. (5) the assessment carried out by a team of doctors are as person in charge and other health care personnel who are trained in the field of assessment of disorders of the use of DRUGS. (6) the results of the assessment referred to in subsection (1) is confidential and is the basis of medical rehabilitation plan against addicts, abusers and victims of abuse of narcotic drugs are concerned. Article 10 (1) Medical Rehabilitation can be accomplished through outpatient and inpatient and/or in accordance with the rehabilitation plan has been prepared taking into account the results of the assessment. (2) implementation of outpatient as referred to in paragraph (1), include: www.djpp.kemenkumham.go.id 2011, no. 825 8 a. medical intervention, among others through the detoxification program, is symptomatic therapy, rumatan therapy and/or medical, therapeutic and disease complications appropriate indication; and b. psychosocial interventions, among others, through counselling adiksi narcotics, motivational interviewing, cognitive and behaviour therapy (Cognitive Behavior Therapy), and relapse prevention. (3) Implementation of inpatient care as referred to in paragraph (1), include the following: a. medical intervention, among others through the detoxification program, is symptomatic therapy, and therapy disease complications appropriate indication; b. psychosocial interventions, among others through individual counselling, group, family, and Polytechnic; c. approach to the philosophy of therapeutic community (TC) and/or method of 12 (twelve) steps and approach another philosophy has been tested scientifically. (4) Medical Rehabilitation referred to in subsection (1), subsection (2) and paragraph (3) was carried out in accordance with standards and guidelines set by the Minister. Article 11 the recovery process of addicts, abusers and victims of abuse of narcotic drugs organized by government agencies or community through religious and traditional approaches have to team up with the nearest hospitals and clinics which had previously been established as institutions of the recipient report narcotics addicts. Article 12 (1) medical rehabilitation Facilities in medical rehabilitation service is obliged to make medical record. (2) the medical record referred to in subsection (1) is carried out in accordance with the legislation. Article 13 medical rehabilitation Services must obtain consent (informed consent) in accordance with the legislation. Article 14 medical rehabilitation Facilities are prohibited from using physical violence and psychological violence/mental medical rehabilitation services in the exercise. Article 15 (1) Medical Rehabilitation was carried out with attention to gender equality and justice. www.djpp.kemenkumham.go.id 2011, no. 8259 (2) Facilities-based medical rehabilitation hospital that provides inpatient, should allocate a portion of the patient's treatment room for women. (3) medical rehabilitation inpatient Facilities for patients women must provide a special room for breastfeeding and space for treatment along with the baby, especially for patients who become single parents and have no social support. Article 16 (1) the implementation of medical rehabilitation and the preparation of a plan of therapy against underage patients should pay attention to the emotional and mental development conditions considering the right to education. (2) the preparation of a plan of therapy for patients under age must give priority to an outpatient rehabilitation program, so as not to interfere with the right to education. (3) a patient's inpatient Space under should not be combined with the inpatient adult spaces. Article 17 the Government and local authorities are responsible for the costs of implementing medical rehabilitation for addicts, abusers and victims of abuse of Narcotics who cannot afford appropriate legislation. The second part of organizing Medical Rehabilitation-related court rulings of article 18 Medical Rehabilitation against addicts, abusers and victims of abuse of narcotics which had been terminated by the Court held in a Government-owned medical rehabilitation facility that has been designated by the Minister. Article 19 (1) against medical rehabilitation of addicts, abusers and victims of abuse of narcotics which had been terminated by the Court implemented through stages: a. initial inpatient program; b. follow-up program; and c. the outpatient program. (2) initial inpatient Program referred to in subsection (1) letter a was carried out for a minimum of three (3) months for the benefit of www.djpp.kemenkumham.go.id 2011, No. 825 10 advanced assessment, as well as medical treatment for physical and mental disorders. (3) the programme referred to in paragraph (1) letter b include long term inpatient program or outpatient program that was implemented according to the standard operating procedures. (4) the implementation of the follow-up program with outpatient programs referred to in subsection (3) may only be exercised for addicts, abusers and victims of abuse of narcotics which had been terminated by a Court convicted with recreational usage patterns and the types of narcotics, amphetamines and marijuana, and/or are under 18 years of age. (5) recreational usage pattern as mentioned in subsection (4) is the use of narcotics just to find pleasure in a particular situation and have not found the presence of tolerance and symptoms of breaking up the substance. (6) an outpatient Program referred to in subsection (4) is carried out at least 2 (two) times a week with an examination of the urine periodically or intermittently. (7) operation of Program referred to in subsection (1) Letter c include social rehabilitation and return to society programs in accordance with the legislation. Article 20 the Government responsible for the costs of implementing medical rehabilitation for addicts, abusers and victims of abuse of Narcotics which had been terminated by the Court. The third part of organizing Medical Rehabilitation Against Addicts, Abusers and victims of abuse of narcotic drugs which are currently Undergoing Judicial Proceedings Article 21 (1) Narcotics Addicts who are undergoing judicial proceedings can be placed in the institution for medical rehabilitation and/or social rehabilitation. (2) Placement in an institution for medical rehabilitation and/or social rehabilitation referred to in subsection (1) is the authority of the investigator, the public prosecutor, or judge in accordance with the level of examination after getting a recommendation from a team of doctors. (3) a team of doctors as referred to in paragraph (2) is composed of specialist medicine, forensic specialists, doctors, and psychologists who came from the medical rehabilitation facilities, professional organizations, the police and the National Narcotics Agency. www.djpp.kemenkumham.go.id


2011, no. 82511 (4) in the event that in the area there is no specialist doctor of Medicine of the soul and/or forensic specialist doctor, then the doctor may be appointed who is trained in the use of DRUGS interference fields to enter in the team doctor. (5) a team of doctors as referred to in paragraph (3) are defined by the head of the Provincial Health Office or health service district/city. (6) a team of doctors as referred to in paragraph (3) did the assessment, psychiatric examination, a physical examination and a psychological examination. Section 22 Medical Rehabilitation against addicts, abusers and victims of abuse of narcotic drugs which are currently undergoing judicial proceedings held in the Government-owned medical rehabilitation facility that meets certain security standards in accordance with the regulations, among others at the hospital belongs to the police force of the Republic of Indonesia and Drug Dependency Hospital in Jakarta. Article 23 against the medical rehabilitation of addicts, abusers and victims of abuse of narcotic drugs that are in the process of the judiciary organized according the standards and guidelines established by the Minister. Article 24 Safeguards addicts, abusers and victims of abuse who are in the process of the judiciary which is undergoing medical rehabilitation in medical rehabilitation facilities is the responsibility of the investigator, public prosecutor or judge according the level of case examination. Article 25 the Government and local authorities are responsible for the costs of implementing medical rehabilitation for addicts, abusers and victims of abuse of narcotic drugs which are not capable of undergoing the judicial process in accordance with the laws and regulations CHAPTER IV REPORTING of article 26 (1) medical rehabilitation Facilities obligatory reporting of organizing medical rehabilitation to the Minister through the mechanism of reporting systems. www.djpp.kemenkumham.go.id 2011, no. 825 12 (2) reporting system referred to in subsection (1) is carried out at regular intervals, i.e. once a month, include a recapitulation of data which includes: a. the number of narcotic addict who handled; b. the identity of narcotic addicts include gender, age, religion, marital status, educational background, employment background; c. type of narcotic substances are abused; d. Old of usage; e. how to use substances; f. Diagnosis; g. type of treatment/rehabilitation or treatment history which traveled (3) reporting system referred to in subsection (1) of the national health information system. (4) in terms of the reporting system as referred to in paragraph (4) has yet to be done on line, then reporting is done in a tiered as follows: a. for vertical hospitals can immediately report it on the Minister. b. for regional hospitals and clinics reported at the provincial health Office/district/city with copy to the Minister. c. for certain medical rehabilitation institutions, reports on health services provincial/district/city with copy to the Minister. (5) the recapitulation of data that has been reported to be accessible to interested parties in the development of policies and programs of government institutions as well as the good of the community. Article 27 the Minister delivered a recapitulation of data reporting the Organization of medical rehabilitation as stipulated in article 26 to the National Narcotics Agency. Article 28 (1) medical rehabilitation Facilities reported on developments in medical rehabilitation programs to law enforcement agency requesting it does medical rehabilitation. www.djpp.kemenkumham.go.id 2011, no. 82513 (2) procedures for reporting as referred to in paragraph (1) was carried out in accordance with the legislation. Chapter V the CONSTRUCTION and SUPERVISION of article 29 (1) to improve the ability of medical rehabilitation facilities, Minister and head of the Department of Health conducts coaching to improve medical rehabilitation facilities. (2) in conducting the construction referred to in subsection (1), the Minister and the head of the Health Office of the National Narcotics Agency involved. (3) in order to guarantee the quality of organization of medical rehabilitation, Minister of conducting surveillance against the implementation of medical rehabilitation programs. (4) in conducting coaching and supervision, the Minister may establish a Team element involving local government provincial/district/city health services through the head/head of DRUG PROBLEMS, the Organization of professions in the health field, the BNN provincial/district/city or other relevant community organisations. (5) in the framework of coaching and supervision, the Minister may take administrative action to the medical rehabilitation facility against the violation of the provisions of article 4, article 6, article 7, article 8, article 11, article 12, article 13 and article 14 be: a. an oral reprimand; b. a written reprimand; or c. the revocation. CHAPTER VI TRANSITIONAL PROVISIONS article 30 at the time these regulations come into force, then all the medical rehab facility that hosts the medical rehabilitation services for addicts, abusers and victims of abuse of narcotic drugs must comply with these regulations for a period of selambat the latest two (2) years. www.djpp.kemenkumham.go.id 2011, no. 825 14 CHAPTER VII CLOSING PROVISIONS article 31 at the time of this Ministerial Regulation entered into force, the decision of the Minister of health the number 996/MENKES/SK/VIII/2002 about Services Means Conducting Rehabilitation Guidelines abuse and Dependency of narcotics, psychotropic drugs and Other addictive substances (DRUGS) are all related to narcotic drugs was revoked and declared inapplicable. Article 32 this Ministerial Regulation comes into force on the date of promulgation. In order to make everyone aware of it, ordered the enactment of these Regulations the Minister of health with its placement in the news of the Republic of Indonesia. Established in Jakarta on 1 December 2011, MINISTER of HEALTH of the REPUBLIC of INDONESIA, ENDANG RAHAYU SEDYANINGSIH Enacted in Jakarta on December 14, 2011 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id 2011, no. 82515 www.djpp.kemenkumham.go.id 2011, no. 825 16 www.djpp.kemenkumham.go.id 2011, no. 82517 www.djpp.kemenkumham.go.id 2011, no. 825 18 www.djpp.kemenkumham.go.id