Circular 17/2015/ttlt-Byt-Bldtbxh-Bca: Authorized Regulations, Procedures And Processes To Determine The Status Of Drug Addiction

Original Language Title: Thông tư liên tịch 17/2015/TTLT-BYT-BLĐTBXH-BCA: Quy định thẩm quyền, thủ tục và quy trình xác định tình trạng nghiện ma túy

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CIRCULAR rules jurisdiction, procedures and processes to determine the status of drug addiction _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base of law handling administrative violations in 2012;
Pursuant to Decree No. 63/2012/ND-CP dated 31/8/2012 of the Government functions, tasks, powers and organizational structure of the Ministry of health;
Pursuant to Decree No. 106/2012/ND-CP dated December 20, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 106/2014/ND-CP dated 17/11/2014 of government functions, tasks, powers and organizational structure of the Ministry of public security;
Pursuant to decree 94/2010/ND-CP dated 9/9/2010 of the Government regulations on the Organization of drug addiction in the family, drug rehab in the community;
Pursuant to Decree No. 111/2013/NĐ-CP on 30/9/2013 of government regulations apply measures to handle the administration of education in the communes, wards and towns;
Pursuant to Decree No. 221/2013/NĐ-CP on 30/12/2013 of government regulations apply to administrative processing measures taken on the basis of compulsory detoxification;
The Minister of health, Minister of labor, invalids and Social Affairs, the Ministry of public security issued a circular regulating jurisdiction, procedures and processes to determine the condition of drug addiction.
Chapter I GENERAL PROVISIONS article 1. Scope this circular stipulates jurisdiction, procedures and processes to determine the status of drug addiction group Opiats (drug substances) and synthetic drugs Amphetamine form substances (ATS).
Article 2. Application object 1. The agencies, organizations, individuals are relevant to determining the status of drug addiction.
2. in an individual needs to determine the status of addiction are prescribed in Decree No. 94/2010/ND-CP dated 9/9/2010 of the Government regulations on the Organization of drug addiction in the family, in the Community Drug detox, Decree No. 111/2013/NĐ-CP on 30/9/2013 of government regulations apply to administrative processing measures in education , Ward, town, Decree No. 221/2013/NĐ-CP on 30/12/2013 of government regulations apply to administrative processing measures taken on the basis of compulsory detoxification.
Chapter II jurisdiction, PROCEDURES and PROCESSES to DETERMINE the STATUS of DRUG ADDICTION article 3. Authority to determine the status of drug addicts Who are competent to determine the status of drug addiction is a doctor or nurse, there are practice examinations, cure according to the provisions of the law on the examination and treatment, to have a certificate or certification training on the diagnosis and treatment of cut the drug addiction due to Examination administration , healing-the Ministry of health, the Department of health, the central city in the organization or the institution, hospital, training institutions, fostering qualified made in training and certification or certification by the Ministry of health, is working in the following health facilities: 1. The military health facilities health, population health force. 2. The base doctor, healing of the public safety sector. 3. Medical Detox facility required.
4. medical Rooms of the base functions to receive and manage drug addicts do not have a stable residence, in time to record people's Court review the decision taken on the basis of compulsory detoxification.
5. medical Stations communes, wards and towns; clinic area; the hospital districts and hospitals in the ministries.
Article 4. The recommended procedure for determining the status of drug addiction 1. Suggested text determine the status of the drug addiction communes, wards, town or district level, provincial level public security.
2. The minutes of administrative violations regarding unauthorized use of drugs or the document reflecting the unauthorized use of drugs; documents that have been applying measures of administrative processing of drug addiction (if available); documents that have sanctioned the Administration about drug use from 2 times over (if any).
Article 5. The process of determining the status of drug addiction authority specified in article 3 of this circular do determine drug addiction situation according to the following procedure: 1. Accept the need to determine the condition of drug addiction and the documents specified in article 4 of this circular.
2. Proceed immediately to determine the status of a drug addiction) standards define drug addiction group Opiats People identified as drug addiction Opiats group in one of the following cases:-the test positive for drugs and have been Opiats group measures the administrative processing of drug addiction;
-Tests positive for drugs and had sanctioned Opiats group administration about drug use from 2 times;
-Apply the French test results positive (+) Naloxone;
-Tests positive for drugs group Opiats and at least three of the 12 symptoms of withdrawal status (according to Appendix 1 attached to this circular).
b) standards define the physical form of Amphetamine drug addicts Who were identified as drug addiction of the compound form of Amphetamine when at least three of the six following symptoms in the past 12 months:-Have the intense desire or feeling compelled to use colourless Amphetamine;
-The difficulty in controlling the substance use behavior form of Amphetamine as start, end or level of use;
-Rule status when stopped or reduced form of Amphetamine use;
-Have the phenomenon of rising intolerance with colourless Amphetamine;
-Become increasingly indifferent to the pleasure or other interests;
-Continue to use the form of Amphetamine although aware of the harmful consequences.
The tracking process to determine the status of drug addiction group Opiats is recorded on the tracking of votes determined the status of drug addiction group Opiats (drug substances) regulations in annex 1 attached to this circular.
The tracking process to determine the status of drug addiction of the compound form of Amphetamine is recorded on the tracking of votes determined the condition of drug addiction of the compound form of Amphetamine (ATS) specified in Appendix 2 attached to this circular.
3. Record the results determine the status of addiction on the vote answered the result of defining drug addiction situation specified in Appendix 3 attached to this circular; at the same time, record the results on examination of the basis of determining the status of drug addiction (save results determine the status of drug addiction as specified on the save the outpatient medical record).
4. Provide the results determine the status of drug addiction according to Appendix 3 attached to this circular for the police has recommended identifying drug addiction situation.
Article 6. To determine the status of drug addiction cases difficult to determine drug addiction situation with regard to the need to define drug addiction shall make transit as follows: 1. With regard to the need to determine the condition of drug addiction drug substances form then moved onto the base hospital treatment online by province or District Health Department Manager or the Center, the institution of social objects established by resolution No. 77/2014/QH13 10 November 2014 Congress XIII. The transit to the base in the city to determine the status of drug addiction for people who need to define drug addiction Department of Health Affairs in collaboration with the Department of labor, invalids and Social Affairs reviewing the actual conditions of the local planning and transit network to the most convenient transportation , geographical factors and ensure (infrastructure, equipment, personnel and expertise, security conditions) the basis of determining the status of drug addiction;
2. With regard to the need to determine the status of drug addiction to synthetic form of Amphetamine, or both types of drugs then moved to the mental faculties of the hospital or the psychiatric hospital. The Department of health has the responsibility to consult with the provincial people's Committee, the central cities of investment, upgrade assurance elements (infrastructure, equipment, personnel and expertise, security conditions) determine the status of the drug in response to the number of people who need to determine the status of local drug addiction;
3. suggested procedure determine the status of drug addiction in transit case is made according to the provisions of article 4 of this circular Paper attached to the base of the transit authority's medical status drug prescribed in article 3 of this circular. Paper model transit apply according to the model in annex 1 attached to circular No. 14/2014/TT-BYT on 14 April 2014 of the Minister of health regulating the transit between the base doctor, healing;
4. process to determine the status of drug addiction in transit case is made according to the provisions of article 5 of this circular.
Chapter III IMPLEMENTATION article 7. Location to determine the status of drug addiction places determine the condition of drug addiction are separate, ensuring security and the minimum conditions for the activities of the person need to be determined status of drug addiction.
Article 8. The responsibility of the Ministry of health 1. Hosted, in cooperation with the Ministry of labor, invalids and Social Affairs and the Ministry of public security in the Organization to deploy, test, the, of the implementation of the provisions of this circular.
2. Direct the Department of health in collaboration with the Department of labor, invalids and Social Affairs, the police of the province of the central cities hosted deployment, implementation of this circular.
3. Assign the tracking unit, directing the implementation of circular a) Department of management treatment:-steer, instruct the Department of health, the Ministry of health hospital organizations deploy, implement this circular;
-Organizing training and certification or certification training on diagnosis and treatment of drug addiction for the audience of managers and competent person determine the status of drug addiction;
-Steer, instruct the Department of Health organizes trainings and certification or certification training on diagnosis and treatment of drug addiction for people who have the authority to determine the status of drug addiction as defined in article 3 of this circular area (except the subject was Health Ministry training and certification or certification);

-Hosted, in cooperation with the relevant agencies to examine the implementation of this circular.
b) Inspector Ministry of health in collaboration with the Department of management examination and treatment in the Guide, deployment, testing, inspection of the implementation of this circular;
-Direction, the Department of health guidance in inspection, test according to the functions and tasks of the medical industry in the implementation of this circular;
-Coordinated with relevant agencies in direct examination, inspection of the implementation of the deployment, implementation of this circular.
Article 9. The responsibility of the Ministry of labor, invalids and Social Affairs 1. Directs the Department of social evils prevention: Guide to deploy, test, urging the agencies, units of labor invalids industry and society carry circular President; in collaboration with the unit of the Ministry of health, Ministry of public security organization deployed, tutorial, check out the implementation of this joint circular.
2. Directs the Department of labor, invalids and social bodies, units of the labour sector-invalids and social implementation of this circular.
Article 10. The responsibility of the Ministry of public security 1. The direction Of the Police Department in collaboration with the unit of the Ministry of health, Ministry of labour, invalids and Social Affairs organized the implementation of the circular; Guide, test, urging the people's public security unit in the implementation of this circular.
2. Directs the central cities, organizations make circular and ensuring security, order at the base, proceed to determine the condition of drug addiction.
Article 11. The responsibility of the provincial people's Committee, the city in Central 1. Steering Committee level, the relevant professional body location that are eligible under the provisions of article 7 to determine the condition of drug addiction.
2. Direct the Department of health to coordinate the Department of labor, invalids and Social Affairs establish a transit network to determine the status of drug addiction in the area as defined in article 6 of this circular.
3. Directs the Department of labor, invalids and Social Affairs, the police, the central cities and agencies involved in collaboration with the Department of health in organizing the implementation of the provisions of this circular.
4. The layout implementation funding circular locally from local budget resource budget and mobilized from other sources in accordance with the budget Law and the text of current legislation.
5. testing, monitoring, site links, synthesis of the implementation of the provisions of this circular.
Article 12. Effect 1. This circular effect since 23 August 2015.
2. Annuls chapter III circular No. 03/2012/TTLT-BYT-BLDTBXH-BCA on 10/02/2012 of the Ministry of labor, invalids and Social Affairs, the Ministry of health, Ministry of public security detailing and guiding the implementation of a number of articles of Decree No. 94/2010/ND-CP on 09/09/2010 of the Government regulations on the Organization of drug addiction in the family , drug rehab in the community since the day this circular effect.
In the process of implementation of this circular, if there are difficulties and obstacles, the agencies, organizations, personal reflections on the Ministry of health (treatment Administration), the Ministry of labor, invalids and Social Affairs (Department of social evils prevention), the Ministry of public security (Of police) to take timely instructions./.