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Title Regulations Governing the Appointment of Affiliated Drug Abstention and Rehabilitation Centers of HospitalsCH
Announced Date 2002.03.29
Amended Date2004.12.16
Legislative 1.Promulgated on March 29, 2002
2.Amended on December 16, 2004
Article 1
These Regulations are enacted pursuant to Article 27, Paragraph 5 of the Narcotics Hazard Prevention Act (hereinafter referred to as the Act).
Article 2
The Ministry of Justice and the Ministry of National Defense shall request the Veterans Affairs Council of the Executive Yuan, Department of Health of the Executive Yuan, and municipal or county (city) governments to set up drug abstention and rehabilitation centers in designated hospitals based on the status of drug abuse crimes in various regions and the actual requirements for observation and drug abuse treatment.
The Ministry of Justice and the Ministry of National Defense shall establish contracts with the affiliated drug abstention and rehabilitation centers of hospitals for the affiliated drug abstention and rehabilitation centers of (military) detention centers and juvenile detention centers to transfer their detainees for observation and drug abuse treatment.
Article 3
The designated hospitals with affiliated drug abstention and rehabilitation centers specified in Paragraph 1 of the preceding article shall conduct rehabilitation and strengthen the security measures of affiliated drug abstention and rehabilitation centers in accordance with the Act. They shall also set up a certain amount of facilities and personnel.
The amount of facilities and personnel in the preceding paragraph shall be announced by the Department of Health, Executive Yuan.
Article 4
The amount of medical manpower required for affiliated drug abstention and rehabilitation centers of hospitals shall be replenished by the hospitals in accordance with their respective procedures and the funding shall be borne by the hospitals independently. The Ministry of Justice and Ministry of National Defense shall be responsible for security measures.
The funding required for enhanced security equipment for affiliated drug abstention and rehabilitation centers shall be paid for with budgets formulated by the Ministry of Justice and the Ministry of National Defense based on requirements.
Article 5
Where hospitals with affiliated drug abstention and rehabilitation centers also provide medical services for regular drug addicts, such services shall be managed separately from the affiliated drug abstention and rehabilitation centers.
Article 6
The expenses required for the rehabilitation of delinquents shall be paid for in accordance with the payment schedules of National Health Insurance; where expenses are not covered by the National Health Insurance, the expenses shall be negotiated and determined by the Ministry of Justice and the Ministry of National Defense.
The hospital with the affiliated drug abstention and rehabilitation center shall submit related forms for review by the authority which had transferred the delinquent and report to the Ministry of Justice and the Ministry of National Defense to approve and allocate funds.
Article 7
The delinquents to be accommodated by affiliated drug abstention and rehabilitation centers of hospitals shall be selected and transferred by the affiliated drug abstention and rehabilitation centers of (military) detention centers and juvenile detention centers. After the assessments for determining the delinquents' tendency of continued drug abuse are completed, they shall be transferred back to their original affiliated drug abstention and rehabilitation centers of (military) detention centers and juvenile detention centers to await the (military) court ruling or disposition by (military) prosecutors.
Article 8
Where one of the following conditions apply to delinquents accommodated by affiliated drug abstention and rehabilitation centers, the center may notify the original transferor authorities to return the delinquents to the affiliated drug abstention and rehabilitation centers of the (military) detention centers and juvenile detention centers.
1. Where the delinquent must be detained, detained for observation, or accommodated due to another case;
2. Where the delinquent conducts violent acts, attacks medical personnel, or commits material violations of regulations;
3. Where the delinquent is suspected of administering drugs during rehabilitation;
4. Other material reasons for which the delinquent must be transferred back to the affiliated drug abstention and rehabilitation centers of (military) detention centers and juvenile detention centers.
Article 9
Where the hospitals with affiliated drug abstention and rehabilitation centers discovers delinquents' alleged abuse of administering other classes or types of drugs or repeatedly administers drugs through urine test screening on the delinquents, they shall immediately report to the commanding (military) prosecutor or (military) judge.
Article 10
The Ministry of Justice and the Ministry of National Defense shall assign personnel to inspect affiliated drug abstention and rehabilitation centers of hospitals at least once every year.
Article 11
The Regulations shall come into force on the date of promulgation.