Rajasthan · 1985 · Act 61
The Narcotic Drugs and Psychotropic Substances Act, 1985
In force11 sections
1.Short title and Commencement
(1) These rules may be called the Rajasthan De-addiction Centres Rules, 2020. (2) They shall come into force from the date of their publication in the Official Gazette
2.Definitions
(1) In these rules unless the context otherwise requires,- (i) Act means the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 61 of 1985); (ii) Appellate Authority means the Chairperson of the State Level Committee; (iii) Centre means drugs de-addiction and rehabilitation centre established under sub-section (1) of section 71 of the Act; (iv) District Level Committee means the Committee constituted under sub-rule (1) of rule 9; (v) Form means form appended to these rules; (vi) Government means the Government of Rajasthan; (vii) License means the License-cum-Registration Certificate issued under rule 7; (viii) Licensing Authority means the Licensing-cum-Registering Authority constituted under sub-rule (1) of rule 7; (ix) Organisation means a society registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860), Rajasthan Societies Registration Act, 1958, registered charitable Trust, a company incorporate under the Companies Act, 1956/2013, institution fully funded and managed by the Central or State Government; and (x) State Level Committee means the State Level Committee constituted under sub-rule (1) of rule 3. (2) Words and expressions used in these rules but not defined shall have the same meaning respectively assigned to them in the Act
3.Constitution of State Level Committee
(1) There shall be a State Level Committee, comprising of the following officials and non-official members, namely:- (i) Secretary to the Government in-charge of Social Justice and Empowerment Department Chairperson (ii) Representative of the Medical and Health Department, not below the rank of Deputy Secretary Member (iii) Representative of the Technical Education Department, not below the rank of Deputy Secretary Member (iv) Representative of the Higher Education Department, not below the rank of Deputy Secretary Member (v) Representative of the School Education Department, not below the rank of Deputy Secretary Member (vi) Representative of the Child Rights Department, not below the rank of Deputy Secretary (vii) Commissioner/ Director, Social Justice and Empowerment Department (viii) Representative of the Department of Food and Civil Supply, not below the rank of Deputy Secretary (ix) Head of Department, Psychiatry Department, SMS Medical College, Jaipur (x) Head of Department, Mental Hospital, Jodhpur Member Member Secretary Member Member Member (2) The State Level Committee shall,- (i) act as supervisory, policy making and facilitatory body with regard to treatment of addicts and their rehabilitation; (ii) frame guidelines for the licensing authority to grant licences for operation of centres; (iii) ensure effective implementation of minimum standards of care in centres as laid down by the Government of India or any statutory Body or this Committee; (iv) help and guide to establish a collaborative treatment network amongst the centres and Government Health Care Facilities; (v) conduct training programme for personnel deployed in centres; and (vi) undertake any other activity for the promotion of welfare and rehabilitation of addicts.
4.Disqualifications
A person shall be disqualified, for being appointed as or for being a member of the State Level Committee, if he, (i) has been convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude; or (ii) is an un-discharged insolvent; or (iii) is of unsound mind and stands so declared by a competent court; or (iv) has been removed or dismissed from the service of the Central or State Government or any body corporate owned or controlled by the Government.
5.Term of office of non-official members
(1) Every non-official member shall hold office for a period of three years from the date of his nomination and shall be eligible for re-nomination. (2) A non-official member may at any time resign from membership of the State Level Committee by forwarding letter of resignation to the Chairperson and such resignation shall take effect from the date on which it is accepted. (3) Where a vacancy occurs by resignation or otherwise of a non-official member, the State Government shall fill the vacancy by nominating from amongst the same category and the person so nominated, shall hold office for the remainder of the term of office of the member in whose place he has been so nominated. (4) Where the term of office of any non-official member is about to expire, the Government may nominate a successor three month before the expiry of the terms of such member but the successor shall assume office only after expiry of the term of the member.
6.Requirement of Licence
No centre in the State of Rajasthan shall be allowed to operate, unless it has obtained license from the Licensing Authority: Provided that the centre, which is operating in the State before the commencement of these rules, shall have to obtain a license under these rules within a period of three months from the date of commencement of these rules, failing which, it shall not be allowed to operate.
7.Licensing Authority
(1) There shall be a Licensing-cum-Registration Authority consisting of the following members, namely:- (i) Commissioner/Director, Social Justice and Empowerment Department, Rajasthan Chairperson (ii) Director (Public Health), Medical and Health Department, Rajasthan, Jaipur Member (iii)Commissioner/Director, Child Rights Empowerment Department Member (iv) Commissioner/Director, Women Empowerment Department Member (v) Additional Director (Social Security), Social Justice and Empowerment Department, Rajasthan. Member Secretary (2) The functions of the Licensing Authority shall be as under:- (i) to issue licence and renew the licence for operation of centres; (ii) to investigate complaints received against centres as also against suspected /alleged unlicensed centres; (iii) to monitor, supervise and evaluate functioning of centres; (iv) to ensure minimum standards of care in the centres as per guidelines issued by the Government of India, any statutory body or the State Level Committee, from time to time; (v) to implement the guidelines issued by the State Level Committee for setting up and functioning of the centres; (vi) to carry out periodic inspections of the centres and in case of any violation of these rules, any other law or direction issued by the any competent authority, to initiate punitive proceedings against them including suspension or cancellation of the licence; (vii) to devise its own procedure for discharging its duties and to achieve the objectives and implementing these rules and the provisions of the Act; and (viii) to maintain record in the Form specified by the State Level Committee, from time to time. (3) The Licensing Authority shall follow the following procedure, namely:- (i) an application shall be submitted to the Licensing Authority by the organisation intending to obtain a license for establishment of a centre in Form-I along with proof of payment of fee of rupees ten thousand. Fee may be paid in shape of Demand Draft or any other mode approved by the Licensing Authority. On receipt of an application in Form-I, the Licensing Authority may cause such enquires as it deems fit to ensure that the organisation is capable of adhering to the minimum standards prescribed under these rules for running a centre; (ii) after enquiry and after satisfying itself about the capability of an organisation for setting up a centre in accordance with the minimum standards prescribed in these rules, the Licensing Authority may issue a licence in Form-II; (iii) a licence shall be valid for a period of three years from the date of issue unless suspended, revoked or cancelled earlier by the Licensing Authority for non compliance of any of the conditions of licence and non adherence of the minimum standards prescribed under these rules; (iv) the licensee may apply for renewal of licence in Form-III along with proof of payment of fee of rupees five thousand. Fee may be paid in shape of Demand Draft or any other mode approved by the Licensing Authority. The Licensing Authority after such enquiry as it deems fit and after satisfying itself about the maintenance of minimum standards prescribed in these rules, the Licensing Authority may renew the licence; (v) the centres established by the Central or State Government shall be exempted from the payment of license fee; (vi) Psychiatric Nursing Homes/Hospitals which are holding licence under the Mental Healthcare Act, 2017 (Central Act No. 10 of 2017 or Act repealed by the said Act of 2017 and rules made theirunder and are providing treatment and care to addicts shall be exempted from obtaining licence. However, they shall submit data of de-addiction cases in the prescribed Performa i.e. Drug Abuse Monitoring System (DAMS) to the Licensing Authority for the purpose of consolidation of data on de-addiction in the State; and (vii) on the receipt of application for licence in Form-I the Licensing Authority may issue the same within thirty days of the receipt of reports regarding compliance of the minimum standards and maintenance of centre.
8.Appeal
Any organisation aggrieved from the order of the Licensing Authority may prefer an appeal in From-IV before the Chair-person of the State Level Committee along with the poof of payment of fee as may be determined by the State Level Committee.
9.District Level Committee
(1) There shall be a District Level Committee, comprising of the following members, namely:- (i) District Collector Chairperson (ii) Superintendent of Police (iii)PMO/Superintendant (Hospital/ Medical Collage) Member Member (iv) Assistant Director, Integrated Child Protection unit (v) Deputy Director/ District Education Officer (vi) DeputyDirector/Assistant Director, Social justice and Empowerment Department Member Member Secretary (2) The functions of the District Level Committee shall be as under:- (i) to periodically monitor, supervise and evaluate the functioning of the centres in the district in accordance with the conditions of the licence and guidelines issued by the State Level Committee or Licensing Authority, from time to time. (ii) to ensure that no centre is functioning without valid licence; (iii) to maintain the record in the Form prescribed by the State Level Committee, from time to time.
10.Minimum Standards
(1) The centre shall maintain the following minimum standards; namely:- A. Physical Standards: (i) The centre after obtaining licence shall start operations within thirty days from the date of issue of license and inform the Licensing Authority about the commencement of its operation. (ii) The Licensing Authority shall cause an inspection of such new centre to be conducted by the District level Committee. (iii) The Centre shall have requisite number of beds (one for each patient), adequate accommodation and proper spacing between the beds shall be provided. (iv) The centre shall have sufficient ventilation and be free from any pollution which may be detrimental to the health of admitted patients. (v) The centre shall have potable/ drinking water and running water for washing, bathing and cleaning purposes. (vi) The centre shall have proper sanitation facilities in terms of cleanness and shall have adequate number of bathrooms, toilets and sinks. (vii) The centre shall provide clean bed linen, utensils and articles for personal hygiene of the patients. (viii) The centre shall provide fresh, nutritious and adequate meals to the admitted patients. (ix) The centre shall have adequate recreational facilities for the patients. (x) Reception enquiry/registration counter/waiting space with seating arrangements for a minimum of five persons. (xi) Cubicle/room for providing individual counselling, group therapy and family counselling. (xii) Space to store records of patients to ensure confidentiality and a system of easy retrieval. (xiii) related educational material such as posters to be prominently displayed at strategic points in the centre. (xiv) Pamphlets, hand bills and other educational materials in vernacular shall be made freely available for the public. (xv) CCTV camera (xvi) Facility for Bio-metric Attendance of staff and admitted patient B. Medical Standards: (i) No patient shall be coerced to undergo detoxification treatment without explaining the range of treatment options available to him including substitution/maintenance therapy and Psychosocial interventions and his consent for undergoing treatment for de-addiction. (ii) Treatment protocol of centre shall follow established and evidence based medical practice and guidelines published by the World Health Organization (WHO), Government of India, and Indian Psychiatric Society (IPS), including the harm minimization practices advocated, from time to time. (iii) Nursing and other staff employed in the centre shall be duly qualified as per their job requirement, be competent to handle the work assigned to them. The core staff (doctors and nurses) shall have received training in de-addiction treatment from a recognized institution. (iv) Officer in-charge of a centre shall be duly qualified psychiatrist or doctor (M.B.B.S) with at least three months training in de-addiction treatment. (v) When an M.B.B.S doctor manages a centre, it shall have a psychiatrist on its roll for visiting the centre at least once in a week. (vi) Each centre shall display the arrangement on the notice board for providing support and emergency services to the in-patients, if needed. (vii) Adequate transport/ambulance for patients shall be ensured by the centre. (viii) Round the clock medical nursing care to the patients/addicts shall be ensured by the centre. (ix) There shall be adequate and readily available stock of medicines required and related physical and psychiatric co-morbidities. C. Staff Requirement: (1) for de-addiction center: (i) One part-time (4 hours a day) doctor who is MD preferably in Psychiatry, or M.B.B.S with at least three months training in de-addiction treatment from a recognized institution. (Doctor-Patient Ratio 1:20) (ii) Two Social Workers/Counsellors who are M.Phil./M.A. in psychology, Sociology or social work (preferable with training in de-addiction treatment) from a recognized institution (Social Workers/counsellor-Patient Ratio 1:10) (iii) Four staff nurses for round the clock services, who are B.Sc . Nursing or Diploma in Nursing with training in de-addiction treatment from a recognized institution (Nurse-Patient Ratio 1:20) (iv) Three ward attendants who have passed 10+2 examination. from a recognized board or institution with orientation training to handle drug addicts to be provided at the centre locally within three months. (v) Two security personnel-one each, round the clock. (vi) Two Safai Karamcharies. (vii) Two Cook cum Helper on regular arrangement for fresh nutritious food. (viii) Peer Educators (Optional) (2) For counseling Centre: (i) One Project Director/Programmer Officer-one. Hkkx 4 ¼x½ jktLFkku jkt&i= fnlEcj 18 2020 1218 (ii) Two Social Workers/ Counsellors with basic qualification of M.A. in Psychology, Sociology or Social work preferable with training in de-addiction treatment from a recognized institution. (iii) Three ward Attendants who have passed 10+2, examination from a recognized board or institution with orientation training to handle druge addiction to be provided at the Centre locally within three months. (iv) Two security guards/Chowkidars. (v) Two safai Karamcharies. (vi) Peer Educators (Optional). (vii) One Cook cum Helper on regular arrangement for fresh nutritious food. D. Support Services: Each centre shall provide the following support servicees:- (i) Emergency medical care. (ii) Recreation/rehabilitation facility and outdoor activities. (iii) Regular daily outpatient's services. (iv) Referral linkage for specialist medical services, laboratory services. HIV/AIDS centres, RNTCP centres. (v) Adequate transport facilities for patients for the purpose of linkage activities and emergency medical care. E. Record Maintenance Dissemination: (i) It shall be mandatory for all the centres to maintain personal and treatment record of all the patients. (ii) These records shall be confidential and available only to the authorized persons on request with the discretion of officer in-charge of the centre. (iii) All the data on activities of the centre shall be sent on Drug Abuse Monitoring System (DAMS) in performa developed by the Union Ministry of Health and Family Welfare, to the Director Public Health Medical and Health Department, Rajasthan and to the Director, Health and Family Welfare, Ministry of Health and Family Welfare, Government of India on the quarterly basis for the purpose of information and compilation of State and National data.
11.Admission to centre
(1) Admission to the centre shall be made only with consent of the patient, after discussing risks, benefits and alternatives to treatment to be recorded in writing. Copy of the consent Form shall be provided to the patient. The patinet shall have the right to refuse and discontinue treatment at any time. (2) The State Level Committee or the Licensing Authority, as the case may be, may frame guidelines or impose such conditions as it deems proper. (3) Each centre shall give an undertaking to the effect that it shall protect the human rights of the admitted patients as per the universal Human Rights and it will not engage in the following activities with the patients i.e. solitary confinement, forced labour, punishment, beating, psychological torture, chaining or locking up. The patient's liberty shall be protected at all times. it shall allow private interaction with family and provide communication to the patient under supervision of the authorized person of Centre. It will ensure confidentiality of medical and counselling records of the patients except caregivers and under judicial orders.
Rules, notifications and orders under this Act
Listed from India Code. Each opens there.