Chapter I General Provisions
Article 1 In order to standardize medical services for drug rehabilitation, carry out medical work for drug rehabilitation according to law, and safeguard the legitimate rights and interests of medical personnel and drug addicts, these Measures are formulated in accordance with the provisions of the Anti-drug Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Medical Practitioners, the Regulations on the Administration of Medical Institutions, the Regulations on the Administration of Narcotic Drugs and Psychotropic Substances, the Regulations on Nurses and other laws and regulations.
Article 2 The term "medical services for drug rehabilitation" as mentioned in these Measures refers to the activities of medical institutions engaged in medical services for drug rehabilitation approved by the health administrative department of the provincial people's government to take corresponding medical measures such as medical treatment, nursing and rehabilitation for drug addicts to help them reduce drug dependence and promote physical and mental rehabilitation.
The term "drug rehabilitation medical institutions" as mentioned in these Measures refers to drug rehabilitation hospitals or other medical institutions with drug rehabilitation treatment departments approved by the health administrative department of the provincial people's government.
Article 3 These Measures shall apply to medical institutions providing drug rehabilitation services.
Article 4 The Ministry of Health shall be responsible for the supervision and management of voluntary drug rehabilitation medical services, and provide professional guidance for compulsory isolation drug rehabilitation medical services; The Ministry of Public Security and the Ministry of Justice are responsible for the supervision and management of compulsory isolation drug rehabilitation centers, drug rehabilitation places, prisons, reeducation-through-labor management offices, detention centers and detention centers to carry out drug rehabilitation medical services within their respective responsibilities.
The administrative departments of health, public security and justice of the local people's governments at or above the county level shall be responsible for the supervision and management of drug rehabilitation medical services within their respective administrative areas.
Chapter II Accreditation and Registration of Institutional Qualifications
Article 5 The health administrative department at the provincial level shall, jointly with the public security and judicial administrative departments at the same level, formulate the plan for the establishment of drug rehabilitation medical institutions in this administrative region according to the resources of drug rehabilitation medical services, the distribution and demand of drug addicts in this administrative region, and incorporate it into the plan for the establishment of local medical institutions.
The establishment of drug rehabilitation medical institutions must conform to the planning of drug rehabilitation medical institutions.
Article 6 A medical institution applying for drug rehabilitation medical services must meet the following conditions at the same time:
(1) Having the ability to bear civil liability independently.
(two) in accordance with the "basic standards for drug rehabilitation hospitals (Trial)" or "basic standards for drug rehabilitation departments of medical institutions (Trial)" and the provisions of these measures.
(3) Other conditions stipulated by the health administrative department at or above the provincial level.
"Basic standards for drug rehabilitation hospitals (Trial)" and "Basic standards for drug rehabilitation departments of medical institutions (Trial)" shall be formulated separately by the health administrative department of the State Council.
Article 7 An application for setting up a drug rehabilitation hospital shall be submitted to the provincial health administrative department for approval in accordance with the Regulations on the Administration of Medical Institutions, the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions and the relevant provisions of these Measures. Other medical institutions to carry out drug rehabilitation medical services, with the consent of the practice registration authority, shall be reported to the provincial health administrative department for approval.
Article 8 The health administrative department at the provincial level shall conduct a review according to the establishment plan, these Measures and relevant provisions of the local drug rehabilitation medical institutions, make a decision of approval or disapproval within 30 days from the date of accepting the application, and inform the applicant in writing.
The provincial health administrative department shall promptly notify the public security organ at the same level of the information of the approved drug rehabilitation medical institutions.
Article 9 Where the health administrative department at the provincial level approves the medical service for drug rehabilitation, the local health administrative department at or above the municipal level with districts shall register the item of "medical service for drug rehabilitation" in the remarks column of the copy of the Practice License for Medical Institutions.
The specific management authority of practice registration shall be determined by the provincial health administrative department.
Article 10 Medical institutions can only provide drug rehabilitation services after obtaining the qualification of drug rehabilitation services.
Chapter III Qualification of Practitioners
Article 11 Medical institutions shall provide drug rehabilitation services in accordance with the Basic Standards for Drug Rehabilitation Hospitals (for Trial Implementation) and the Basic Standards for Drug Rehabilitation Departments of Medical Institutions (for Trial Implementation), and be equipped with a corresponding number of doctors, nurses, clinical pharmacy, medical technology, mental health and other professional and technical personnel, security guards and staff according to the needs of beds and drug rehabilitation services.
Article 12 Doctors engaged in drug rehabilitation medical services shall meet the following conditions:
(1) Having the qualification of a medical practitioner and having obtained the "Certificate of Medical Practitioner" after registration, and the scope of practice is mental health;
(2) Doctors who are engaged in drug rehabilitation services at this stage and whose scope of practice is outside the mental health specialty shall be engaged in drug rehabilitation services for not less than 3 years, and have been trained by institutions designated by health administrative departments at or above the provincial level (including the provincial level, the same below) for more than 3 months, and have passed the examination;
(3) Other conditions stipulated by the provincial health administrative department.
Article 13 Doctors who use narcotic drugs and psychotropic drugs of category I shall obtain the right to prescribe narcotic drugs and psychotropic drugs of category I. ..
Fourteenth nurses engaged in drug rehabilitation medical services shall meet the following conditions:
(1) Having the qualification of practicing as a nurse, and having obtained the nurse's practicing certificate after practicing registration;
(two) institutions designated by the administrative department of health at or above the provincial level have been trained for more than three months and passed the examination;
(3) Other conditions stipulated by the provincial health administrative department.
Fifteenth medical institutions to carry out medical services for drug rehabilitation should at least have pharmaceutical personnel with professional and technical post qualifications above pharmacist in charge, and be trained and passed the examination by institutions designated by health administrative departments at or above the provincial level.
Article 16 A medical institution providing drug rehabilitation services shall have at least 1 pharmaceutical personnel who have obtained the right to dispense narcotic drugs and psychotropic drugs of category I..
Seventeenth medical institutions to carry out drug rehabilitation services should have full-time management personnel of narcotic drugs and psychotropic drugs of category I. ..
Eighteenth medical institutions to carry out medical services for drug rehabilitation should be equipped with legally qualified security personnel, and each class of drug rehabilitation wards should be equipped with at least 1 security personnel.
Chapter IV Practice Rules
Nineteenth medical personnel should carry out drug rehabilitation medical services in medical institutions with the qualification of drug rehabilitation medical services.
Twentieth medical institutions and their medical staff should follow the laws, regulations, rules, diagnosis and treatment guidelines or technical operation specifications related to drug rehabilitation.
Twenty-first medical institutions with drug treatment departments should incorporate drug treatment services into the unified management of hospitals, including financial management, medical quality management and drug management.
Twenty-second medical institutions should formulate management rules and regulations according to their business characteristics, strengthen the management of medical personnel, continuously improve the level of diagnosis and treatment, ensure the quality and safety of medical care, and safeguard the legitimate rights and interests of both doctors and patients.
Twenty-third medical institutions should adopt scientific, reasonable and standardized diagnosis and treatment techniques and methods to carry out drug rehabilitation medical services, and abide by the relevant provisions of the Ministry of Health's Measures for the Administration of Clinical Application of Medical Technology.
Article 24 Drugs and medical devices used for drug rehabilitation treatment shall obtain the approval number of the State Food and Drug Administration of the United States. The purchase and use of narcotic drugs and psychotropic drugs of category I shall obtain the Seal Card for the Purchase of Narcotic Drugs and Psychotropic Drugs of category I in accordance with regulations, and purchase them at designated places. Narcotic drugs and psychotropic drugs of category I for drug rehabilitation shall not be purchased from illegal channels.
Medical institutions that need to use hospital preparations to carry out drug rehabilitation medical services shall comply with the relevant provisions of the Drug Administration Law and the Regulations on the Administration of Narcotic Drugs and Psychotropic Drugs.
Twenty-fifth medical institutions to carry out drug rehabilitation services should strengthen drug management to prevent narcotic drugs and psychotropic drugs from flowing into illegal channels.
Twenty-sixth medical institutions to carry out drug rehabilitation services should take effective measures to prevent drug addicts or other personnel from bringing drugs and prohibited items into medical places.
Twenty-seventh medical institutions may, according to the needs of drug rehabilitation medical services, conduct physical examinations on drug addicts and their belongings. Drugs and devices found in the inspection shall be handed over to the public security organs for handling in accordance with relevant regulations. During drug rehabilitation, if it is found that drug addicts are in personal danger, necessary temporary protective restraint measures can be taken.
Medical institutions and their medical staff who carry out drug rehabilitation services should strengthen nursing observation on drug addicts who take temporary protective restraint measures.
Twenty-eighth medical institutions to carry out medical services for drug rehabilitation shall sign informed consent with drug addicts. Drug addicts with no capacity or limited capacity may sign an informed consent form with their guardians. The contents of the informed consent shall include indications, methods, time, curative effect, medical risks, confidentiality of personal data, rules and regulations that drug addicts should abide by, and the rights and obligations of both parties.
Twenty-ninth medical institutions to carry out medical services for drug addicts should establish medical files for drug addicts in accordance with regulations, and submit relevant treatment information for drug addicts in accordance with regulations.
Medical institutions that provide medical services for drug addicts should require drug addicts to provide true information.
Thirtieth medical institutions to carry out medical services for drug addicts should carry out necessary physical examination and detection of infectious diseases such as AIDS, and carry out prevention, consultation, health education, reporting and referral of infectious diseases such as AIDS in accordance with relevant regulations.
Thirty-first medical institutions should conduct drug abuse tests on drug addicts from time to time during drug rehabilitation. Anyone found taking or injecting drugs shall report to the local public security organ in time.
Article 32 Medical institutions providing medical services for drug addicts should take various rehabilitation measures for drug addicts, including psychological rehabilitation, behavior correction and social function recovery. And carry out follow-up work after discharge.
Conditional medical institutions can provide outpatient drug rehabilitation medical services.
Thirty-third drug addicts in one of the following circumstances during the period of receiving drug treatment, medical institutions can terminate their drug treatment:
(a) do not comply with the management system of medical institutions, seriously affecting the normal work of medical institutions and the order of diagnosis and treatment;
(2) refusing to accept standardized treatment or disobeying the reasonable treatment arrangement of medical personnel without justifiable reasons;
(three) found to have serious complications or other diseases that are not suitable for continuing drug treatment;
(four) other circumstances stipulated by the provincial health administrative department that are not suitable for continuing to receive drug treatment.
Article 34 Medical institutions providing medical services for drug addicts and their medical staff shall protect the privacy of drug addicts according to law and shall not insult or discriminate against drug addicts.
Thirty-fifth drug addicts and medical institutions and their medical staff who carry out drug rehabilitation medical services have medical accident disputes, which shall be handled in accordance with the relevant provisions of the Regulations on the Handling of Medical Accidents.
Thirty-sixth medical institutions to carry out drug rehabilitation services should regularly train medical staff to prevent occupational exposure to AIDS and other infectious diseases, and take effective protective measures.
Article 37 Medical services for drug rehabilitation shall not be for profit. Drugs, medical devices and treatment methods used in drug rehabilitation medical services shall not be advertised. The charges for drug rehabilitation medical services shall be implemented in accordance with the charging standards formulated by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the health administrative departments.
Thirty-eighth clinical trials of new technologies and methods of drug treatment shall be examined and approved in accordance with the relevant provisions of the state. Approved clinical trial research projects shall not be provided to drug addicts as clinical diagnosis and treatment projects, and no related fees shall be charged.
Thirty-ninth medical institutions to carry out drug rehabilitation services should provide technical guidance or help for community drug rehabilitation according to the arrangement of the health administrative department.
Chapter V Supervision and Administration
Fortieth without the approval of the provincial health administrative department, no organization, unit or individual may provide medical services for drug rehabilitation.
Forty-first local health administrative departments at or above the county level shall conduct daily supervision and management of drug rehabilitation medical services within their jurisdiction.
Forty-second drug rehabilitation medical institutions calibration period in accordance with the "Regulations" and "medical institutions calibration management approach (Trial)" of the relevant provisions.
Forty-third local health administrative departments at or above the county level shall, in accordance with the relevant provisions, take effective measures to strengthen the management of the clinical application of new technologies and new projects for drug treatment.
Forty-fourth local health administrative departments at or above the county level shall promptly report to the health administrative departments at higher levels and the drug control committees at the same level on the development of drug rehabilitation medical services within their respective jurisdictions.
Forty-fifth local health administrative departments at or above the county level shall strengthen cooperation with the public security and judicial administrative departments at the same level in the supervision of drug rehabilitation medical services, and give full play to the role of health industry associations and professional social organizations.
Forty-sixth health administrative departments, medical institutions and their medical personnel in violation of the relevant provisions of these measures, shall be punished in accordance with the relevant laws and regulations of the state.
Chapter VI Supplementary Provisions
Article 47 Measures for the administration of compulsory isolation drug rehabilitation medical services shall be formulated separately by the Ministry of Public Security, the Ministry of Justice and the Ministry of Health.
The basic standards and management measures for community drug maintenance treatment clinics shall be formulated separately.
Forty-eighth local health administrative departments at or above the county level shall, within 6 months after the implementation of these measures, review and evaluate the medical institutions that provide drug rehabilitation services within their respective jurisdictions in accordance with the provisions of these measures. Those who meet the requirements shall be reported to the provincial health administrative department for approval, and the practice registration formalities shall be handled in accordance with the provisions of these measures, and the situation shall be notified to the public security organs at the same level. Do not meet the conditions, shall be ordered to stop the development of drug rehabilitation medical services and rectification within a time limit, after the expiration of the rectification review. If it is still unqualified, it shall cancel its "Practice License of Medical Institution" or the corresponding diagnosis and treatment project.
Article 49 These Measures shall come into force on March 1 day, 2065. The Notice of the Ministry of Health on Strengthening the Management of Medical Institutions for Drug Addiction (No.35 [1996]) and the Notice of the Ministry of Health on the Approval of Medical Institutions for Drug Addiction (No.386 [1999]) shall be abolished at the same time.