Rs 812.121.6 Order Of May 25, 2011 On The Addiction To Narcotics And Other Disorders Related To Addiction (Addiction To Narcotics, Oastup Ordinance)

Original Language Title: RS 812.121.6 Ordonnance du 25 mai 2011 relative à l’addiction aux stupéfiants et aux autres troubles liés à l’addiction (Ordonnance relative à l’addiction aux stupéfiants, OAStup)

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812.121.6 order for the addiction to narcotics and other disorders related to addiction (addiction to narcotics, OAStup Ordinance) of May 25, 2011 (State July 1, 2011) the Swiss federal Council, view the art. 3B, al. 2, 3d, al. 5, 3rd, al. 2 and 3, 3f, al. 3, 29, al. 4, 29 c, al. 1 and 2, and 30, al. 1 and 2, of the Act of October 3, 1951 in (dealing) drugs, stop: Chapter 1 provisions general art. 1 purpose this order regulates: a. measures to prevent problematic use of substances psychoactive and the addiction-related disorders; b. therapies and measures for rehabilitation for people with disorders related to addiction; c. the measures to reduce the risk among people with disorders related to addiction and to provide them with assistance to survive; d. special permissions referred to in art. 8, al. 5, 6 and 8, legislation and controls are related; (e) the promotion of research, training, development, training and quality assurance in the field of addictions; f. the Federal Commission on issues related to addiction.

Art. 2 definitions for the purposes of this order, means: a. dependency or addiction: set of physiological, cognitive and behavioral phenomena that may develop after repeated consumption of substances psychoactive; b. treatment with prescription drugs or substitutes: replacement, medical prescription, a staggering consumed without authorization by a discount preparation as part of a medical and psychosocial treatment; c. diacetylmorphine : pharmaceutical derivative of morphine manufactured legally in pharmacies for the medical treatment of the people addicted to an opiate; d. treatment with diacetylmorphine prescription: therapy for severely dependent persons to heroin, diacetylmorphine as part of a medical and psychosocial treatment; using e. good practices of laboratory: quality assurance system including the Organization of the course of studies, the conditions in which these studies are planned conducted, and controlled, recording and dissemination of these studies as well as archiving of their recordings; f. psychoactive substance: substance that acts on the psyche of human being; g. someone severely addicted to heroin: person completing this diagnostic criteria according to the International Classification of diseases of the World Health Organization (WHO), International Statistical Classification of Diseases and Related Health Problems , ICD-10 F11.2, 2007 version, published in January 2008; h. health: State of physical, mental and social well-being full according to the WHO definition.

The text of this classification can be obtained free of charge from the federal Office of public health, national prevention Programmes division, 3003 Berne, and found on the Internet at http://apps.who.int/classifications/apps/icd/icd10online/.
The definition of WHO may be obtained free of charge from the federal Office of public health, national prevention Programmes division, 3003 Berne, and found on the Internet at http://apps.who.int/gb/bd/PDF/bd47/EN/constitution-en.pdf.

Chapter 2 Prevention art. 3 goals of prevention the goals of prevention are the following: a. to prevent consumption of substances subject to control and to encourage abstinence; (b) prevent and prevent problematic consumption and dependence on substances psychoactive; c. preventing social and health problems that may be caused by problematic consumption and dependence; d. create conditions conducive to the promotion of health in relation with the use of psychoactive substances.

Art. 4 encouragement of the federal Office of public health (FOPH) prevention programs help federal authorities, the cantons, municipalities, public institutions and private organizations to design and carry out prevention programs in the field of psychoactive substances.
Responsibilities include the following: a. he collects and analyzes information on health risks associated with addiction; b. it informs the public of the damage health, social and economic of the addiction; c. It provides the scientific and methodological tools; d. it supports the cantons and third parties in the coordination of activities as well as in the creation and monitoring of networks in the field of addiction; e. examines the effectiveness of programs and projects supported.

Within the limits of the appropriations, it can grant financial aid: a. for prevention of national importance programs made by local authorities or organizations of public utility of private law; b. for information activities and offers of advice.

Art. 5 competence in matter of announcement and early detection the FOPH can support the cantons in the implementation of art. 3 c full.

Chapter 3 therapy and Rehabilitation Section 1 provisions general art. 6 goals of therapy are the goals of therapy for people with disorders related to addiction: a. establish with them a therapeutic link; b. improving health, particularly by reducing complications psychological, physical and social consumption of substances psychoactive; c. evolve toward a consumption of substances psychoactive low risk; d. bring them to reintegrate socially and professionally; e. lead them to abstain from unauthorized substances subject to control.

Art. 7 offers of the FOPH therapies is developing recommendations on the funding of therapy and rehabilitation measures.

Section 2 treatment with prescription of narcotic art. 8 goals of treatment with prescription of narcotics the goals of treatment with prescription drugs are the following: a. remove the individual treated in the drug underworld; b. prevent crime related to drug supply; c. to change the person being treated to forms of use of psychoactive substances presenting low risk; d. bring the person treated to reduce its consumption of substitutes to refrain.

Treatment with prescription drugs is led by qualified people, including doctors, pharmacists, nurses, social workers and psychologists.
It can be provided in the residential sector, in an institution equipped for this purpose, or ambulatory sector. The provisions governing the treatment with diacetylmorphine prescription are reserved.

Art. 9 indications to be given for the granting of authorisation for the granting of a permission to follow a treatment with prescription of narcotics according to art. 3rd, al. 1, legislation, the Township must require the following physicians: a. name and address of the physician; b. name and surname of the patient c. patient sex; d. date of birth of the patient; e. place of origin of the patient; (f) address of the patient's home; g. address of the place of temporary residence of the patient, eth. remittance agency.

In the case of residential treatment, it requires in addition the name and address of the institution.

Section 3 special provisions applicable to treatment with prescription of diacetylmorphine art. 10 admission criteria to be admitted to treatment with prescription of diacetylmorphine, the patient must: a. have 18 years of age; (b) be severely addicted to heroin for two years at least; c. have followed without success or interrupted at least twice another therapy outpatient or residential; ETD. present mental, physical or social deficits.

In justified exceptional cases where a treatment with other therapies does not succeed or is not possible, for example in the case of physical or psychic illness serious, a patient may be admitted to treatment with diacetylmorphine prescription even if it does not meet the above conditions.

Art. 11 indication the physician in charge is the indication. It should first conduct a comprehensive review of the State of health of the patient. In doing so, it takes account of the social context.

Art. 12 therapeutic plan people who treat the patient (the treatment team) establish a treatment plan in an interdisciplinary way. They define the patient's individual goals in different areas of support.
During the therapy, they regularly evaluate the treatment plan with the assistance of the patient. They study including the opportunity for the patient to move to another suitable form of treatment.

Art. 13 directors, given and taken of diacetylmorphine in principle, the administration and decision-making of diacetylmorphine in therapy must take place within the institution referred to in art. 16, under Visual control of a member of the treatment team.
Exceptionally, in specified cases, diacetylmorphine can be administered at home under Visual control of the responsible physician or a person mandated by his care.
In exceptional cases, a patient may receive up to two daily doses if the following conditions are met:

a. the patient underwent treatment with prescription of diacetylmorphine for at least six months without interruption; b. the patient presents a sanitary condition and sufficiently stabilized social; c. the last two analyses of urine have not highlighted of narcotic other than diacetylmorphine; d. There is no risk of abuse.

On a reasoned request of the attending physician, the FOPH can shorten the period laid down in para. 3, let. a. art. 14 institution of treatment with diacetylmorphine prescription are empowered to provide treatment with diacetylmorphine prescription the institutions: a. providing treatment and interdisciplinary support; b. that concentrate the medical and other skills which are required; c. that have adequate nursing staff and support staff numbers; d. locals with infrastructure; summer. that can ensure the safety and the quality of operations related to diacetylmorphine.

Authorities responsible for treatment with diacetylmorphine prescription may be townships, municipalities or private organizations.

Art. 15 nursing staff the nursing staff of an institution providing treatment with diacetylmorphine prescription must include at least: a. a doctor authorized to prescribe of diacetylmorphine and responsible for medical management; (b) a qualified person responsible for psychosocial support; etc. of competent people to care and return preparations and medicines.

Staff must have the necessary professional qualifications and continuous training regularly.
A qualified person may assume responsibility for two areas of support if she has the necessary training and if it has sufficient capacity to support.
In justified exceptional cases, the coordination of interdisciplinary support permitting, some areas of treatment and support may be delegated to individuals or qualified foreign institutions. Diacetylmorphine prescription cannot be delegated.

Art. 16 authorization issued to the institution any institution wishing to provide treatments with diacetylmorphine prescription must obtain authorization of the FOPH.
The FOPH issues the authorization: a. If the institution has obtained cantonal approval referred to in art. 3rd, al. 1, legislation; (b) if the conditions to provide a treatment with diacetylmorphine prescription and the demands placed on staff caring and the institution appearing in this order are met.

Exceptionally, a permit may be issued to a no specialized institution if this is the only way to allow the patient to continue treatment with prescription of diacetylmorphine. The authorisation is valid only for the duration of the patient's stay.
The authorization is valid for five years at most. It may be renewed on request.

Art. 17 withdrawal of the authorisation to the institution of the FOPH removes the institution authorization which he was granted if the conditions of its granting cease to be met.
He may withdraw the authorization at any time in application of art. 6 and 14, art. 2, legislation.

Art. 18 authorization issued to the physician the FOPH grants permission to obtain, use and return of diacetylmorphine treatment with diacetylmorphine prescription (authorization issued to the physician) if he has experience in the treatment of people severely addicted to heroin to any physician who is authorized to prescribe narcotics.
The authorization is valid for five years at most. It may be renewed on request.

Art. 19 extinction of the authorization issued to the physician approval issued to the doctor as soon as the holder ceases its activity under the treatment with prescription of diacetylmorphine.

Art. 20 withdrawal of the authorization issued to the physician the FOPH withdraw the authorisation issued to the doctor if the latter: a. no longer meets the conditions for its grant; (b) has committed an intentional offence or the repeated offences by negligence to the legislation or orders are related; c. on request.

Art. 21 authorization issued to the patient the FOPH provides all patient permission to follow a treatment with diacetylmorphine prescription (authorization issued to the patient): a. If it meets the admission criteria set in art. 10; (b) if medical management presented the application for admission to treatment with prescription of diacetylmorphine and granting of a permit to the patient within the meaning of para. 2; c. If the competent cantonal authority within the meaning of art. 3rd, al. 1, legislation does not, etd. If treatment with diacetylmorphine prescription is provided in a licensed institution of an authorization referred to in art. 16. the application for the grant to the patient of treatment with diacetylmorphine prescription authorization must contain the indications listed in art. 9. the authorization is valid for two years at the most. It may be renewed on request, provided that the conditions of entitlement are met.

Art. 22 extinction of the authorization issued to the patient the authorization issued to the patient goes out: a. at the request of the patient; (b) if the patient leaves the program on indication of the treating physician.

Art. 23 withdrawal of the authorization issued to the patient the FOPH can Deauthorize treatment with diacetylmorphine prescription to the patient: a. If he consumes drugs without a medical prescription within the institution; b. If he gives or sells to third parties of preparations that he handed in therapy; c. If it exercises threats or commits acts of violence against members of the nursing staff or other persons within the institution; d. is it refused by principle and repeatedly follow secondary treatment or if he refuses generally taking in charge; e. If it contravenes other legal provisions or internal to the institution.

Art. 24 information the FOPH publishes annually a report on the implementation, the conduct and the evolution of the treatment with prescription of diacetylmorphine.

Art. 25 control the FOPH oversight over institutions. He routinely checks in close collaboration with the competent cantonal authorities.
As part of the treatment with diacetylmorphine prescription controls, the FOPH can view history and treatment plans of the patients concerned.

Chapter 4 goals of reduction of risks art. 26 goals the goals of the risk reduction risk reduction are the following: a. maintain or improve the health of people with a problematic consumption or an addiction to substances psychoactive; b. ensure people with a problematic consumption or an addiction to psychoactive substances with access to the system of health and social assistance services; c. inform persons with a forms psychoactive substances addiction or a problematic consumption of consumption less risky; d. encourage people with disorders related to addiction to start substitution treatment or treatment for abstinence; e. encourage people having a problem with consumption or an addiction to psychoactive substances to refrain permanently from use of substances subject to control which are not prescribed; f. to protect third parties and the public of the negative consequences of addictions; ETG. best to ensure the social integration of people with a problematic consumption or an addiction to psychoactive substances.

Art. 27 tasks of the Confederation the SFOPH promotes coordination between the relevant services and their exchanges about the latest developments.

Chapter 5 permissions exceptional art. 28 conditions needs a special permission issued by the FOPH any person who: a. wants to cultivate, import, manufacture, or put in the drug trade prohibited (art. 8, para. 5, 6 and 8, legislation); b. wants to do research on Narcotics prohibitions; c. wants to develop drugs from narcotic prohibited; d. wants to do a limited a staggering ban medical use; e. wants to use an authorized drug containing narcotics prohibitions for one indication other than the approved indication.

The following information must be provided: a. for the authorization referred to in para. 1, let. a: 1. the personal data of the applicant, 2 purpose of use of the narcotic, et3. the amount and the place of supply of the Narcotic;


b. for the authorization referred to in para. 1, let. b, the evidence that good laboratory practices are met; c. for the authorization referred to in para. 1, let. c, evidence of compliance with the rules set out in art. 4, al. 2, of the Ordinance of 17 October 2001 on authorizations in the field of drugs as well as provisions for clinical trials listed in the Act of 15 December 2000; on therapeutic products and in the order of 17 October 2001 on clinical trials of therapeutic products d. for the authorization referred to in para. 1, let. d and e, a written statement of the patient by which it consents to the application.

SR 812.212.1 SR 812.21 SR 812.214.2 art. 29 control the FOPH control exceptional authorisation holders on Narcotics prohibitions (art. 8, para. 5, 6 and 8, legislation).

Chapter 6 tasks of the FOPH art. 30 training, development, and training the FOPH is developing with the authorities and specialized organizations of the measures to promote training, development and training in the field of addiction to psychoactive substances.
Within the limits of the appropriations, it can grant financial aid for measures to promote the development and continuous training.

Art. 31 recommendations related to QA the FOPH is developing with the authorities and specialized organizations of the recommendations on quality assurance in the areas of prevention, therapy and the reduction risks. In doing so, it takes into account the results and recommendations of research and practice.

Art. 32 reference laboratory the laboratory of reference referred to in art. 29 c legislation is headed by the FOPH.
In collaboration with professional societies and the competent cantonal services, it issues recommendations on quality assurance in the field of quantitative and qualitative of narcotics detection.

Art. 33 national observatory, the national observatory for the problems of addiction is headed by the FOPH.
The Federal and cantonal services provide on request to the national observatory the information and statistics needed.

Chapter 7 Commission, fees and federal data Section 1 Commission protection for issues related to addiction art. 34 tasks the Federal Commission on issues related to addiction (commission) has the tasks and competencies: a. she advises the federal Council and the federal administration on substantive issues regarding the policy on addiction and the problem of addiction; b. it observes and analyzes national and international developments in the field of addictions; c. develop plans and ideas for the future for a Swiss addiction policy; d. She regularly presents reports activity.

It is independent in the performance of its tasks.
She can ask the federal services concerned on existing information.

Art. 35 composition and appointment the commission consists of 12 to 15 members.
During the appointment of the members, the federal Council ensures a balanced representation of the cantons and of the institutions and professionals involved in the field of addictions.

Art. 36 internal organization and secretariat the commission defines its organisation and its mode of operation in a regulation.
It is administratively attached to the FOPH.

Art. 37 duty of discretion the members of the commission are subject to the provisions on the duty of discretion and obligation to testify that are applicable to the employees of the Confederation.

Section 2 fees art. 38 general fees the following fees are charged: a. for decisions on exceptional permissions according to art. 8, al. 5, full: 200 to 2000 francs; b. for decisions on exceptional permissions according to art. 8, al. 6, full: 200 to 2000 francs; c. for inspections and controls according to art. 8 legislation: in function of time spent; d. for services on request: based on the time spent.

Within the limits defined in para. 1, let. a and b, the fees are set according to the time spent.
Fees are calculated on the basis of an hourly rate between 100 and 250 francs, depending on the skills required and the level of personnel who performed the work.
Unless specific provision contained in this order, the provisions of the General order of 8 September 2004 on the emoluments shall apply.

SR 172.041.1 art. 39 special fees for administrative acts of extraordinary magnitude, with specific difficulties or having a sense of urgency, the FOPH can receive supplements of up to 50% of the normal fee.

Art. 40 exemption of fees are exempt from fees: a. decisions to exceptional permissions for a medical application limited; b. special permissions on scientific research subsidized by the Federal Government; c. special permissions as part of measures to combat abuses according to art. 8, al. 8, legislation; d. permissions and controls dealing with diacetylmorphine prescription treatments; e. simple inquiries asking shortly.

Section 3 Protection of data art. 41 treatment of the personal data of employees of the FOPH, the cantonal authorities and institutions which are competent to monitor compliance with the conditions and the treatment of addicts to drugs under art. 3F dealing process the following personal data: a. the name and first name; (b) the address and telephone number; c. sex and the birth date (d) the country of residence and nationality, the canton of residence and the place of domicile; e. data on health.

Art. 42 data exchange between the authorities and the institutions referred to in art. 41 Exchange, on request, only the personal data required to check compliance with the conditions and the treatment of drug addicts.

Art. 43 communication of personal data to a third party the FOPH and the Institute have the right to disclose personal data only in anonymous form, including for purposes of statistics, research, planning and assessment people unrelated.

Art. 44 communication of personal data to foreign authorities as well as to supranational and international organizations the FOPH and the Institute have the right to communicate personal data in form anonymised to authorities and foreign institutions as well as to supranational and international organizations.
They have the right to disclose personal data if required by international conventions or decisions of international organizations.

Art. 45 research and statistics the people responsible for collecting data for research or statistical purposes are required to keep secret all information about individuals or morales brought to their knowledge in their work.
The collection of personal data for purposes of research or statistics is dependent on obtaining the written consent of the person concerned.
It is forbidden to use for another purpose personal data collected for the purposes of research or statistics without the written consent of the person concerned.

Chapter 8 provisions final art. 46 repeal of the law in force the following orders are repealed: 1. the order of 8 March 1999 on the prescription of medical heroin; 2. the order of 23 October 1978 laying down the emoluments received by the laboratory of the federal public health Service narcotics.

[RO 2009 2641, 1999 1313]
[1978 1622 RO]

Art. 47 transitional provisions authorizations and exceptional permits granted prior to the entry into force of this order remain valid until the expiry of their term of validity.

Art. 48 entry into force this order comes into force on July 1, 2011.

RO 2011 2639 RS 812.121 State on July 1, 2011

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