What are the current methods of drug rehabilitation in China as stipulated in the Anti-Drug Law?

The Anti-Narcotics Law of the People's Republic of China stipulates that China's current drug rehabilitation methods include community drug rehabilitation, self-referral to medical institutions qualified for drug rehabilitation treatment, and compulsory isolation drug rehabilitation.

According to the Anti-Drug Law of the People's Republic of China:

Article 33 In the case of a person addicted to drugs, the public security organ may order him or her to undergo a community drug rehabilitation program, and at the same time notify the street office or township people's government of the drug addict's place of domicile or place of current residence. The term of community drug treatment shall be three years.

Drug addicts shall undergo community drug treatment in their place of domicile; if they have a fixed abode in their current place of residence other than their place of domicile, they may undergo community drug treatment in their current place of residence.

Article 34 Urban street offices and township people's governments are responsible for community drug rehabilitation. City street offices, township people's governments may designate the relevant grass-roots organizations, according to the drug addicts themselves and their families, and drug addicts to sign community drug rehabilitation agreement, the implementation of targeted community drug rehabilitation measures. Public security organs and judicial administration, health administration, civil affairs and other departments shall provide guidance and assistance in community drug rehabilitation.

City street offices, township people's governments, as well as the labor administration departments of the people's governments at the county level shall provide the necessary vocational skills training, employment guidance and employment assistance to drug addicts who are unemployed and lack employability.

Article 35 Drug addicts undergoing community drug treatment shall abide by the laws and regulations, consciously fulfill the community drug treatment agreement, and, at the request of the public security organs, undergo regular testing.

The staff involved in community drug treatment shall criticize and educate drug addicts who violate the community drug treatment agreement; and shall promptly report to the public security organs any serious violation of the community drug treatment agreement, or any further taking or injecting of drugs during the period of community drug treatment.

Article 36 Drug addicts may themselves go to medical institutions qualified for drug treatment to receive drug treatment.

The setting up of drug treatment medical institutions or medical institutions engaged in the business of drug treatment shall comply with the conditions prescribed by the health administrative department of the State Council, and shall be reported to the health administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government in which it is situated for approval, and shall be reported to the public security organs at the same level for the record. Drug treatment shall comply with the State Council administrative department of the health sector to develop drug treatment norms, accept the supervision and inspection of the administrative department of health.

Drug treatment shall not be for profit. Drug treatment drugs, medical equipment and treatment methods shall not be advertised. Drug treatment charges, shall be in accordance with the provincial, autonomous regions and municipalities directly under the Central People's Government price department in conjunction with the health administrative department to set the standard of charges.

Article 38 If a drug-addicted person is in one of the following situations, the public security organ of the people's government at or above the county level shall make a decision on compulsory isolation for drug treatment:

(1) if he refuses to undergo community-based detoxification;

(2) if he snorts or injects drugs during the period of community-based detoxification;

(3) if he seriously violates the agreement on community-based detoxification;

(4) if he Those who take or inject drugs again after community drug treatment or compulsory isolation treatment.

The public security organs may directly make a decision on compulsory isolation detoxification for those whose drug addiction is so serious that it is difficult for them to be detoxified through community detoxification.

If a drug-addicted person voluntarily accepts compulsory isolation, he or she may, with the consent of the public security authorities, be admitted to a place of compulsory isolation for the purpose of detoxification.

Article 47 The term of compulsory isolation for drug addiction treatment is two years.

One year after the implementation of compulsory isolation, after diagnosis and assessment, for those drug addicts who have recovered well from drug addiction, the compulsory isolated drug treatment facility may put forward the opinion that the compulsory isolation be lifted ahead of schedule, and report it to the decision-making authority for approval.

Before the expiration of the period of compulsory isolation, after diagnosis and evaluation, for the need to extend the period of drug rehabilitation for drug addicts, the place of compulsory isolation puts forward the opinion of extending the period of drug rehabilitation, and submits it to the decision-making authority of compulsory isolation for approval. The period of compulsory isolation may be extended for a maximum of one year.

Article 48 For a person who has been released from compulsory isolation for drug addiction treatment, the deciding organ of compulsory isolation for drug addiction treatment may order him or her to undergo community rehabilitation for a period of not more than three years.

Community rehabilitation shall be implemented with reference to the provisions of this Law on community drug rehabilitation.

Expanded Information

Article 31 The State shall take various measures to help drug addicts kick their addiction and to educate and save them.

Drug-addicted persons shall undergo drug treatment.

Methods for recognizing drug addiction shall be prescribed by the health administrative department, drug supervision and administration department, and public security department of the State Council.

Article 32 The public security organs may carry out the necessary tests on persons suspected of drug addiction, and the persons being tested shall cooperate; if they refuse to accept the tests, the public security organs of the people's governments at or above the county level or the heads of their dispatching agencies may, with the approval of the persons in charge of the public security organs or their dispatching agencies, carry out the tests compulsorily.

The public security organs shall register drug addicts.

Article 37 Medical institutions, in accordance with the needs of drug treatment, may examine the bodies and articles carried by drug addicts undergoing drug treatment; for those who are in personal danger during the period of treatment, they may take the necessary temporary protective restraint measures.

Where it is found that a drug addict undergoing drug treatment has taken or injected drugs during the period of treatment, the medical institution shall promptly report this to the public security authorities.

Article 39 Compulsory isolation for drug addiction shall not be applied to women who are pregnant or are breast-feeding their babies under one year of age. Where a minor under the age of sixteen is addicted to drugs, compulsory isolation may not be applied.

Drug-addicted persons to whom compulsory isolation is not applicable in accordance with the provisions of the preceding paragraph shall be subjected to community drug rehabilitation in accordance with the provisions of this Law, and the urban street offices and township people's governments responsible for community drug rehabilitation shall strengthen their assistance, education and supervision, and supervise the implementation of measures for community drug rehabilitation.

Article 40 Where the public security organs decide to subject a drug-addicted person to compulsory segregation, they shall make a decision on compulsory segregation, deliver it to the person to whom the decision has been made before the compulsory segregation is carried out, and within twenty-four hours of its delivery notify the person to whom the decision has been made of the family members, the unit in which the person is located, and the public security station where the person's domicile is located; where the person to whom the decision has been made does not speak his real name and address, and where his identity is not clear, the public security organs shall notify him of this since The public security organ shall notify the person whose identity is unknown after it has ascertained his identity.

If the person against whom a decision is made by the public security organ is dissatisfied with the decision on compulsory isolation for drug addiction treatment, he or she may, in accordance with the law, apply for administrative reconsideration or bring an administrative lawsuit.

Article 41 Persons for whom a decision has been made to subject them to compulsory segregation for drug addiction treatment shall be sent by the public security organ that made the decision to a place of compulsory segregation for drug addiction treatment.

The establishment, management system and financial guarantee of compulsory isolation drug treatment facilities shall be prescribed by the State Council.

Article 42 When a drug addict enters a place of compulsory isolation for drug addiction treatment, he or she shall undergo an examination of his or her body and of the articles he or she carries.

Article 43 Compulsory isolation drug treatment places shall, in accordance with the types of drugs consumed or injected by the drug addicts and the degree of addiction, provide targeted physiological and psychological treatment and physical rehabilitation training for the drug addicts.

According to the needs of drug treatment, compulsory isolation drug treatment places may organize drug addicts to participate in the necessary production work, vocational skills training for drug addicts. If the organization of drug addicts to participate in production work, shall pay labor remuneration.

Article 44 Compulsory isolation drug treatment places shall, in accordance with the gender, age and illness of drug addicts, implement separate management of drug addicts.

Compulsory segregation places for drug addicts with serious disabilities or diseases shall be given the necessary care and treatment; for drug addicts suffering from infectious diseases, the necessary isolation and treatment measures shall be taken in accordance with the law; for the possibility of self-injury, self-inflicted injuries and other circumstances of drug addicts may be taken to protect the restraints of the corresponding measures.

Managers of compulsory isolation drug treatment facilities shall not physically punish, abuse or humiliate drug addicts.

Article 45 Compulsory isolation drug treatment places shall be equipped with licensed physicians in accordance with the needs of drug treatment. If a licensed physician in a compulsory isolation drug treatment facility has the right to prescribe narcotic drugs and psychotropic substances, he or she may, in accordance with the relevant technical specifications, use narcotic drugs and psychotropic substances on drug addicts.

The administrative department of health shall strengthen the business guidance and supervision and management of practicing physicians in places of compulsory isolation for drug addiction treatment.

Article 46 Relatives of drug addicts and staff of their units or schools may visit drug addicts in accordance with the relevant provisions. Drug addicts may go out to visit their spouses and immediate family members with the approval of the compulsory isolation drug treatment facility.

Managers of a compulsory isolation drug treatment facility shall check the articles and mail handed over to drug addicts by persons outside the facility to prevent the entrapment of drugs. When checking mail, the freedom and privacy of communication of drug addicts shall be protected in accordance with the law.

Article 49 Local people's governments at or above the county level may, in accordance with the needs of drug treatment, open drug treatment and rehabilitation facilities; public welfare drug treatment and rehabilitation facilities opened by social forces in accordance with the law shall be given support and provided with the necessary facilities and assistance.

Drug addicts may voluntarily live and work in drug rehabilitation places. Drug treatment and rehabilitation places to organize drug addicts to participate in production work, shall refer to the provisions of the national labor system to pay labor compensation.

Article 50 The public security organs and judicial and administrative departments shall give necessary drug treatment to drug addicts who have been detained, arrested, or admitted to prison for the execution of a sentence, as well as drug addicts who have been subjected to compulsory educational measures in accordance with the law.

Article 51 The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, in conjunction with the public security organs, drug supervision and management departments in accordance with the relevant provisions of the State, in accordance with the consolidation of the results of drug rehabilitation needs and the prevalence of AIDS in the administrative region, may organize and carry out drug maintenance treatment.

Article 52: Drug addicts shall not be discriminated against in school enrollment, employment, or enjoyment of social security. The relevant departments, organizations and personnel shall give necessary guidance and assistance to drug addicts in schooling, employment and enjoyment of social security.

Baidu Encyclopedia - Anti-Drug Law of the People's Republic of China