Decree of the Ministry of Health and Social Affairs of the Czech Socialist Republic No. 187 / 1989 Coll.
Decree of the Ministry of Health and Social Affairs of the Czech Socialist Republic implementing the Law on Protection against Alcoholism and Other Toxicomanities
Valid
Effective from 01.01.1990
187
DECLARATION
Ministry of Health and Social Affairs of the Czech Socialist Republic
of 24 November 1989
implementing the law on the protection against alcoholism and other toxic substances
The Ministry of Health and Social Affairs of the Czech Socialist Republic provides pursuant to § 8 § 6, § 9 § 8 and § 15 § 2 of the Act of the Czech National Council No. 37 / 1989 Coll., on protection against alcoholism and other toxicomanias:
ESTABLISHMENT, MANAGEMENT AND ACTIVITIES OF THE ANTIALCOHOLIC SAFETY STATION
Establishment and administration of an alcohol trap station
(1) An alcohol detention centre (hereinafter referred to as the "detention centre") shall, as appropriate, establish and manage a national committee (1) in a place where it is possible to provide specialised preventive care. The detention centre shall be established mainly in places with an urgent need to protect against excessive consumption of alcoholic beverages. Where a detention centre would not be sufficiently used for a small number of cases, a detention centre for a larger territorial unit falling within the competence of several national committees may be established.
(2) A physician is responsible for the detention centre.
Receipt and release of persons
(1) Admission to the detention centre, the need for and the manner in which the treatment is necessary, the length of stay and the release of the person is decided by the doctor's service. In doing so, it is based not only on the results of its own examination, but also on the results of the confirmatory and laboratory tests, the data of the persons who have transported the affected to the detention centre and other information.
(2) If they are a person with a severe condition of alcohol poisoning, injury or any other health disorder requiring medical attention, they shall not be admitted to the detention centre.
(3) People are released from the detention centre after the disappearance of alcoholic intoxication. Where a person under 18 years of age is placed in a detention centre, his legal representative or other person responsible for raising him shall be notified before his release.
(4) Clothing, money, other valuables and documents of the person placed shall be taken over by the authorised agent of the detention centre in the presence of another person who confirms the receipt in writing. At the time of release, the staff member shall hand over the taken-over clothing, money, other valuables and documents to the person who confirms the receipt in writing.
(5) The staff of the detention centre may, with the agreement of the doctor, assist in the treatment of work as well as persons receiving outpatient or constitutional anti-alcoholic and antitoxic care.
(6) If the staff of the detention centre are unable to handle the aggressive behaviour of the person placed by their own means, they shall seek synergies with the National Security Corps. 2)
Transport to detention station
(1) National committees shall ensure the transport of persons to a detention centre by vehicles of health care facilities, if necessary from a health point of view. Under local conditions, national committees may provide transport of such persons to a detention centre for that purpose by a designated vehicle. In other cases, national committees shall ensure the transport of persons to the detention centre through the services of the National Security Corps.
(2) Health professionals shall request the cooperation of the National Security Corps in the transport of a person captured in a detention centre by a medical establishment vehicle or, where appropriate, by a national committee vehicle, (2) if that person acts aggressively and directly endangers the staff or facilities of the State Health Administration.
Notification obligation of the detention centre
(1) Any treatment of the person captured shall be notified by the detention centre to the office of alcohol and antitoxic care (hereinafter referred to as the "office") according to the permanent residence or, where appropriate, the place where the person is working or staying. In case of a person under 18 years of age, the detention centre shall also notify its treatment to its legal representative or to another person responsible for its upbringing (4) as well as to the competent adult or, where appropriate, district pediatrician.
(2) If a staff member of the detention centre finds that the person being treated is in a state of incapacity for work, he shall notify the competent district doctor and the National Insurance Board of the relevant trade union body operating in an organisation to which the person being arrested is in an employment or similar relationship, or another body carrying out sickness insurance tasks, as appropriate.
Blood and urine collection
(1) Blood collection shall be carried out at the detention centre for the captured persons to determine the concentration of alcohol. If blood collection is not possible due to a danger to the health of the person, 5) urine collection should be performed.
(2) Blood or urine collection may be carried out upon admission to a detention centre, at the time of stay at the detention centre or at the time of release. Accurate records shall be kept of the samples made. Blood or urine collection shall be carried out at the request of the authorised authorities, (6) where appropriate at the request of the person captured.
PROVISION OF INDIVIDUALLY PREVENTIVE INTENDED ALCOHOLE PERSONS OR OTHER ALCOHOLE SUBSTANCES INCLUDING NICOTIN
Providing outpatient care
(1) Ambulatory care for alcohol-dependent persons or other addictive substances, except nicotine-dependent persons (hereinafter referred to as "dependent persons"), provides the offices to be established within the political psychiatric departments of hospitals with a clinic according to their place of permanent residence or, where appropriate, the place where the person works or resides.
(2) The activity of the practice can be focused on closely specialised sections of professional care, in particular for the protection of children, adolescents and women from alcoholism and other toxicomanities, or, where appropriate, the establishment of separate offices or comprehensive care, as well as specialised centres, including anonymous advice.
(1) In the framework of outpatient care, the services carry out an examination to determine whether they are dependants. The examination shall be carried out on persons who have applied for care themselves or on application
(a) the local or regional doctor, the adult doctor or, where applicable, the doctor of another medical establishment of the State Health Administration, the regional medical service of the conscribers called upon to carry out the military essential (replacement) service or the medical services of the armed forces in the discharge of persons from the military active duty;
(b) detention stations.
(2) A complaint for a medical examination of a person may be lodged by the practice in particular by family members, organisations in which a person is in an employment relationship or similar relationship, a school, if its pupils are the bodies of the National Security Corps, the Prosecutor's Office or the Court, the national committees for the protection against alcoholism and other toxicomanias and social curators.
(3) According to the results of the medical examinations and lessons learned from the social investigations and the visiting services, the practice shall include the dependants in its records or in its care where required by their health status.
(1) Where a person who has not been found to be subject to outpatient care to a reasoned, voluntary, refused or made difficult, the practice shall submit a proposal to the Director of the National Health District Institute for a decision on compulsory outpatient care.
(2) If outpatient care would not be effective or prove ineffective, the Director of the District Institute of National Health shall, at the initiative of the Office, propose to the relevant district national committee a decision on compulsory constitutional care or, where appropriate, on subsequent outpatient care.
(3) The office cooperates with the facilities of constitutional anti-alcoholic and antitoxic care. After the end of constitutional care, the practice continues to be treated in accordance with the instructions of the institution and monitors whether the person treated maintains abstinence.
(4) The Office also provides care for the persons to whom it has imposed protection treatment. 9)
(1) Treatment preventive care for nicotine addicts is provided in the form of outpatient care if they voluntarily submit to it.
(2) Ambulant care is provided to nicotine addicts by smoking counselling established within the political departments of hospitals with a clinic according to the place of permanent residence or where the person is working or staying.
(1) The Office shall keep separate records of alcohol addicts and separate records of other addictive substances, except nicotine addicts, according to the predominant substance.
(2) When the registered person is changed, the office shall send documentation to the office responsible for the new residence.
(3) They shall be removed from the register on the basis of a proposal from the medical practitioner of a person who has been abstinent for at least two years.
The Office is cooperating
(a) with circumferential doctors, medical services of the armed forces and medical services of railway health;
(b) with child and adult practitioners who are immediately notified of registered involuntary dependants under the age of 18 and who exchange knowledge of the health, social and educational conditions of children and adolescents with those doctors;
(c) medical centres;
(d) with childcare authorities and social curators of national committees and schools;
(e) health education departments of national health institutions;
(f) departments for the protection against alcoholism and other toxicomanities of national committees and staffs;
(g) the services of the National Security Corps on the withdrawal and return of driving licences and firearms;
(h) with mandated members of the National Security Corps and with appropriate pharmacotherapy committees on the care section of persons dependent on another substance;
(i) the courts in the course of protective treatment imposed by the courts, in the course of the conversion of protective outpatient treatment into constitutional treatment and at the end of outpatient treatment; and
(j) other authorities involved in the protection against alcoholism and other toxicomanities.
Providing institutional care
(1) Constitutional care is provided to dependants by the Department for Alcohol and Toxicomanical Care ("the Department") of Psychiatric Medicines and the Institute for Alcohol and Anti-Toxicomanical Care ("the Institute") of Hospital Psychiatric Services with the Clinic.
(2) The health establishments referred to in paragraph 1 provide institutional care to dependants:
(a) which are voluntarily treated;
(b) which are compulsorily treated by decision of the District National Committee;
(c) which have been ordered protective treatment by a court, (9) but which has not been carried out during the execution of the sentence of imprisonment.
(1) The dependent person is required to undergo compulsory constitutional care within a time limit to be determined by the competent psychiatric hospital or hospital psychiatric department with the clinic.
(2) The length of compulsory institutional care is proposed by a hospital in the care of an dependant for a maximum period of 11 months.
(3) After the completion of constitutional care, the healthcare facility transfers a dependent person to the practice to provide subsequent outpatient care towards comprehensive rehabilitation.
Sociotherapy
Medical facilities providing both outpatient and institutional care to dependants shall monitor the health and social conditions of the persons in their care, in their families and in organisations to which they are in employment or similar relationship. They organise social therapy clubs for patients and members of their families, whose activities include in particular collective psychotherapy, club, cultural, interest and sport activities, intensive treatment stays in nature, marital and family therapy and other forms of care. Selected abstinent patients, or persons who have been excluded from the office records, and organisations, may also participate in this activity.
FINAL PROVISIONS
The detention centre may draw blood or urine to determine the concentration of alcohol and to the person not present therein, either at the request of the competent authorities (6) or at its own request.
Repeal
Article 1 (1) (d) and Article 4 of the Directives of the Ministry of Health of the Czech Republic No 3 / 1987 are hereby repealed. MZ ČSR on payments for health services that are not necessary in the care facility and in the Institute of Cosmetics and on the handling fee for the issue of a prescription (reg. 17 / 1987 Coll.).
Efficacy
This Decree shall take effect on 1 January 1990.
Minister:
Prof. MUDr. Prohill CSc. v. r.
1) § 8 (3) of the Act of the Czech National Council No. 37 / 1989 Coll., on protection against alcoholism and other toxic substances.
2) Paragraph 16 (2) of Act No. 40 / 1974 Coll., on the National Security Corps.
3) Paragraph 37 (1) of Act No. 40 / 1974 Coll.
4) § 8 paragraph 4 of the Czech National Council Act No. 37 / 1989 Coll.
5) § 6 paragraph 3 of the Czech National Council Act No. 37 / 1989 Coll.
6) § 8 paragraph 1 of the Czech National Council Act No. 37 / 1989 Coll.
7) Sentinel on the determination of payments for health services which are not necessary, published in the amount of 4-8 / 1987 The Oracle. MZ ČSR.
8) § 65 of Decree of the Ministry of Health No. 42 / 1966 Coll., on the provision of preventive care. Section 57 of the Civil Code.
9) § 72 of the Criminal Act. § 104 and 105 of the instructions of the Minister of Justice of the Czech Republic No. 4 / 1973 Coll. instr. and the Communication of the MS of the Czech Republic issuing Rules of Procedure for District and Regional Courts (reg.
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Regulation Information
| Citation | Decree of the Ministry of Health and Social Affairs of the Czech Socialist Republic No. 187 / 1989 Coll., implementing the Act on Protection against Alcoholism and Other Toxicomanities |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1989 |
|---|---|
| Effective from | 01.01.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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