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Consequences of registration as a drug addict: legal and extra-legal

Responding to visitors, consultants of the Narkonet.Ru website justify the drug registration system by the fact that it allows patients suffering from chemical dependence to “be treated and receive supportive therapy, regular examinations and doctor’s observations free of charge.”

The above typical case illustrates these “benefits”. And even if we assume that the patient, being registered, receives a minimum of free care, would it be impossible to provide him with the same supportive therapy without registration? The discriminatory and repressive consequences of drug registration more than outweigh the paltry benefits that accrue to the few thanks to the status of “registered.” See more about information for the tender on the website - http://salex-lcc.com.ua/ru/podgotovka-dokumentov-dlya-tendera.html.

The consequences of registering as a drug addict are as follows:

Impossibility of employment in certain professions.

The list of professions for which it is necessary to provide a certificate from a drug dispensary is established by Decree of the Government of the Russian Federation of April 28, 1993 No. 377 “On the implementation of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision”” (last amended on September 23, 2002 year) and includes the following activities:

1) work with benzene and its derivatives;
2) work related to drug trafficking;
3) work with oil and other saturated and unsaturated hydrocarbons;
4) pharmaceutical and pharmacological activities;
5) work related to the use of explosive materials;
6) work related to carrying weapons;
7) rescue services;
8) fire protection;
9) emergency medical services;
10) drivers of all types of transport;
11) work ensuring the movement of trains;

Impossibility of obtaining a driver's license - in accordance with clause 16 of the Rules for passing qualifying exams and issuing driver's licenses, approved by Decree of the Government of the Russian Federation of December 15, 1999 N 1396 (as amended on November 21, 2001);

The impossibility of obtaining a license to purchase (carry and store) self-defense weapons, smooth-bore or rifled hunting weapons - in accordance with Order of the Ministry of Health of the Russian Federation of September 11, 2000 N 344 “On medical examination of citizens for issuing a license for the right to purchase weapons”;

The impossibility of adopting a child, establishing guardianship (trusteeship) over him - in accordance with the order of the Ministry of Health of the Russian Federation of September 10, 1996 No. 332 “On the procedure for medical examination of citizens wishing to become adoptive parents, guardian trustees) or adoptive parents”;

Impossibility of obtaining a residence permit and temporary residence permit - in accordance with clause 6 of the Regulations on the issuance of residence permits to foreign citizens and stateless persons, approved by Decree of the Government of the Russian Federation of November 1, 2002 No. 794 (as amended on March 28, 2008) .

Theoretically, with the exception of the last point, these restrictions are justified. But the formal nature of drug registration often leads to losses in the rights of people who do not suffer from addiction, have not used drugs for many years and are registered only because of the impossibility of regularly visiting a drug dispensary. It is not uncommon for a person to find out about his “registered” status by accident, when applying for a certificate stating that he is not registered. As a rule, the administration of the drug dispensary does not take the initiative to inform citizens about their registration and the requirements imposed in connection with this.

Parents registered with a drug treatment center often face the threat of deprivation or restriction of parental rights (Articles 69 and 73 of the Family Code of the Russian Federation). Often, threats are carried out, which does not always meet the interests of the child, especially when a certificate from a drug dispensary serves as the main, or even the only, argument of the guardianship and trusteeship authority. In turn, the bureaucratic Russian court - almost all civil cases there are considered by a single judge - accepts the certificate as the main evidence confirming the need to take the child away from drug-addicted parents.

The most common consequence of registration with a drug treatment center is increased attention to those registered with the police and drug control. Those whose reputation is tarnished by involvement in prohibited substances, who are labeled as drug addicts, most often become victims of extortion, provocations, falsifications on the part of individual representatives of law enforcement agencies, are unreasonably detained, subjected to bullying and torture, and are forced to “voluntarily” cooperate with operational agencies. Those registered become the most promising candidates for prisoners. Drug registration, test purchase, six months in a pre-trial detention center, maximum security colony, tuberculosis, rejection, overdose.

The threat of being registered prevents drug addicts from seeking drug treatment in free, budget-funded institutions. Drug registration has made drug addiction in Russia completely latent, and the drug scene - opaque and incomprehensible.

The official understanding of these connections is reflected in the justification for the Federal Target Program “Comprehensive Measures to Combat Drug Abuse and Illicit Trafficking for 2005-2009”:

“The significant discrepancy between the official statistics of the Ministry of Health and Social Development of the Russian Federation and the data obtained as a result of the all-Russian monitoring of the drug situation on the number of people illegally using drugs indicates inadequate organization of registration of this category of people. The main factor that negatively influences the discrepancy between statistical data and the real state of affairs is the reluctance to register due to the unfavorable legal consequences caused by the very fact of being registered in a drug treatment facility.”

What conclusions follow from this statement? Will it be decided to increase the detection of hidden drug abuse (that is, to tighten repressive measures) or will there be a change in the drug political paradigm?

International non-profit organization "European Cities Against Drugs" - "European Cities Against Drugs"

Head Office ECAD: City Hall, S-105 35 Stockholm, Sweden
Email:

Copyright © 2001 - 2015 All rights reserved

There are many situations when people are registered in drug treatment. This may be due to drug use or alcoholism. But after a certain time, many people have a question: “How to de-register with a narcologist?”

What is registration in narcology?

A medical intervention is any examination or treatment that has a diagnostic, research, therapeutic, preventive or rehabilitative focus. And registration most often refers to a preventive action.

Deregistration from a narcologist

A person is registered with a narcologist for one year if at least one fact of alcohol consumption is confirmed. To the question of how to de-register with a narcologist, the answer is as follows: mandatory compliance with two conditions. Firstly, you need to check in with a narcologist every month. Secondly, alcohol should not be detected in the tests taken. A citizen can again be registered with a dispensary if he encounters a drug treatment service. If the dispensary was visited constantly, then it is removed from the register after three years. This is the established period for removing a patient with chronic alcoholism from observation.

The countdown begins from the moment the person visits the doctor. If the schedule of monthly visits was violated, the registration period begins to count from the beginning.

Reasons for deregistration in narcology

Deregistration is carried out for several reasons:

Early removal from drug treatment register

How to de-register with a narcologist early if the deregistration period is 3 years? There are also such options. Early deregistration is possible, for example, after a year. To do this, you must first consult with your doctor. Then you will need certificates from work confirming that the citizen does not drink alcohol. It’s also a good idea to stock up on certificates from neighbors who live nearby and can give a positive assessment of your behavior.

Early withdrawal is also possible in the event of a long-term absence of any information about the patient, his move to another city, death or imprisonment. If a registered citizen cannot be found within a year, he is deregistered automatically, in absentia.

How to de-register with a narcologist within the usual time frame

Due to persistent remission, withdrawal is made after the conclusion of a special medical commission, which the citizen must undergo without fail. The commission is composed of doctors from the institution in which the patient was directly registered.

In other cases, the decision is made by the attending physician, based on official reports from authorities or other institutions where the patient was observed during this time. How to de-register with a narcologist if a citizen has been registered as a drug addict? The withdrawal conditions are the same, only the term changes, which is already 5 years in this case. If during this time the permanent marks were regular and the person recovered completely, then, again, based on the decision of the commission, he is removed from the register. But if there were violations, the commission has the right to extend the period further.

How to get a license if a citizen is registered at a drug dispensary

If a citizen was registered with a narcological clinic, but has not consumed alcohol or drugs for a long time, how can he be de-registered with a narcologist and get a license? To obtain a license, you must undergo a mandatory medical examination, which determines whether there are any contraindications for driving a vehicle. But first you still need to deregister with a narcologist.

What to do if at some point in his life a citizen accidentally found himself using alcohol and drugs, and at the same time visited a drug dispensary? Often this is the first and last hit. The person then lives without knowing that he is registered, and, accordingly, does not even think about going to get checked. But the time comes to get a license, and he is refused for the reason that, it turns out, he is registered! In this case, it is almost impossible to prove that he did not know about it all these years. There are only two options here: the first is to wait until the end of the period when he is deregistered, and only then get a license, the second is to try to resolve the situation with the attending physician, who can schedule a commission and deregister earlier.

In any case, no one has canceled the certificate necessary to obtain a license, and only after it is available can you receive

Any drug addict who seeks help from our drug rehabilitation center undergoes anonymous treatment. That is, he is not included in the database of dependents. And in state dispensaries, if therapy is provided free of charge, drug registration is mandatory.

Registration means that you will have to come to a narcologist for a certain period of time according to the schedule. The doctor examines, asks questions (sometimes quite personal), and takes express tests.

Observation happens:

1. Preventive. Lasts a year. Those who do not have a diagnosis of “drug addiction” or “alcohol addiction” are put on professional registration. Such patients were caught using only once. For example, when a car is stopped by State Traffic Inspectorate employees.
2. Dispensary. Lasts three years. Prescribed when there is a medical diagnosis. Previously, the terms for alcohol and drug addicts differed. For drug addiction, you had to go to the doctor for five years, but now the terms have been equalized.

There are situations when a person does not even know that he is included in the register. This information pops up unexpectedly during a medical examination for work or obtaining/renewing a driver's license. This happens when people end up in a drug dispensary just once, for example, to “get drunk” after a binge. Some don’t remember how the events unfolded or what they signed. And then you have to pay.

Consequences

A person registered with a professional register or dispensary is prohibited from:

• drive any transport: motorcycles, cars, buses, trains, planes, etc.;
• own a weapon;
• to serve in the military;
• work in security, be a firefighter, or perform any other job that requires a certificate from a narcologist.

Sometimes exceptions are made. This is determined by the medical commission.

When doctors conclude that the condition has improved and a three- or five-year period has passed, then all restrictions will be lifted.

Important information about registration in a drug treatment clinic!

1. Has the right to enter data into the register only narcologist. Neither a therapist, nor even more so an employee of the State Traffic Inspectorate can do this. Written consent of the patient is required. If you did not sign the consent, then you can refute the drug registration in court.
2. Anyone has the right refuse drug registration. This opportunity is not available only to those who, at the time of admission to the dispensary, were in an insane state (for example, they had “delirium tremens”). However, upon refusal, everything legal restrictions will remain. That is, you will not be required to go for regular examinations, but you still will not be able to drive, work as an electrician, be in the military, etc. The prohibitions will disappear in one single case - if you agree, regularly visit the doctor and eventually receive a document that you are exempt from observations “with improvement”.
3. If the registration is completed not because of improvement, but because of non-attendance or for another reason, then social and legal restrictions are not lifted. You will have to renew registration and be observed for one or three years. Or prove to the medical board that you are “clean” during this time: take certificates from the enterprise, assurances from neighbors, etc. Auto-removal or there is no statute of limitations.
4. Information about the patient is entered into the register at the registration address. When a person moves, the data is redirected. You won't be able to escape!

It’s easier to avoid registration at a drug treatment clinic than to deal with the consequences later. Therefore, we recommend that you seek help anonymously at our 12 Steps center, and then no one will ever know about your problem! Call!

• Literature about drug addiction
• Jam is not confiture or how to distinguish jam from confiture
• Cold wraps are a guarantee of enviable beauty and a slim figure
• Bronchial asthma

Grounds and procedure for registering as a drug addict

Drug registration without the consent of a citizen is illegal. No one has the right to force a patient to register.

A completely illegal situation has developed and continues to exist in this area. On the one hand, from the current norms of federal laws it follows that registration without the knowledge and consent of the citizen is inadmissible. On the other hand, at the level of by-laws of the Ministry of Health, the dubious regulation of involuntary registration, adopted back in the USSR, continues to be applied. Such inconsistencies in real life create fertile ground for manipulation of norms by unscrupulous representatives of law enforcement agencies and medical services, which leads to significant violations of the rights of citizens.

The main act on which the entire structure of narcological registration is based remains the joint order of the Ministry of Internal Affairs and the Ministry of Health of the USSR dated May 20, 1988 No. 402/109 “On approval of the Instructions on the procedure for identifying and recording persons who allow non-medical consumption of narcotic or other drugs leading to stupefying, registration and referral for compulsory treatment of drug addicts.”

There are, however, serious doubts whether this document is valid, since one of the parties that adopted this interdepartmental act officially abandoned it: it was declared invalid on the territory of the Russian Federation by order of the Ministry of Internal Affairs of Russia dated June 30, 2003 No. 492 “On the non-application of regulatory legal acts of the USSR Ministry of Opportunities and Internal Affairs, the USSR Ministry of Internal Affairs." But the leadership of Russian narcology, having no other regulatory basis, prefers, apparently, to believe that the joint order has lost force for the internal affairs bodies, but not for the health care system, because supposedly remains a valid regulatory legal act of the Ministry of Health.

We cannot agree with this, because... The “semi-cancelled” order of 1988 mainly regulates issues of dual subordination, primarily the interaction of internal affairs bodies and health authorities, which makes the unilateral action of this act impossible.

However, the police (disregarding their own departmental order of 2003) behaves as if the canceled act is in effect, and the drug control authorities (which, of course, are not mentioned in the 1988 order) in their activities refer to the “dead” order of Soviet times. And even on the ConsultantPlus portal, the reference to order No. 402/109 does not say anything about its cancellation by one of the parties.

The Instruction approved by this order obliges to register everyone who has been diagnosed with dependence on psychoactive substances, as well as those who have come to the attention of the authorities as using (or even having once used) “narcotics or other drugs leading to intoxication.” The instructions provide:

Referral for medical examination of “citizens who are in a state of non-alcoholic intoxication” based on:

1) their identification by the police;
2) messages from any medical institutions, including ambulance services;
3) materials from proceedings on administrative offenses;
4) information from medical sobering stations;
5) information from investigative authorities;
6) information from employers regarding employees;
7) information from neighbors regarding neighbors;
8) information from the media.

“If such persons are delivered directly to a medical institution, the latter’s employees will examine them without a referral,” the results of which are immediately notified to the police at the place of detection;

. “immediate” registration of accounting documents by the internal affairs body (upon receipt of information about an identified consumer). For persons diagnosed with drug addiction, the police issue a “watch card”; for others, a “list registration” card;
. filling out a “dispensary observation control card” by a narcological institution (after a diagnosis or fact of consumption has been established as a result of an examination). The internal affairs body at the place of residence of the person is notified within 3 days about the registered person.

Doctors at drug dispensaries, as a rule, claim that they have not passed on information about those registered for a long time. Some people may not convey it.

Those who voluntarily apply for treatment at a dispensary or drug treatment hospital are registered, according to the Instructions, only at the drug dispensary. If they do not violate the visiting regime prescribed by the doctor, information about them is not transmitted to the police department.

Separate records must be kept of those deregistered.

According to the Instructions, employees of a medical drug institution and police officers conduct a quarterly name check of the registered contingent in the serviced territory.

It is interesting that, if desired, almost any person can be registered. According to the Instructions, the absence of narcotic (intoxicating) substances in the body at the time of examination, in the presence of other sufficiently substantiated information, cannot serve as a basis for non-registration. A person who has become known to have used (uses) legal psychoactive substances (medicines or, for example, plants like Salvia Divinorum) for the purpose of “intoxication” can also become “accountable.”

The organization of accounting is specified by order of the USSR Ministry of Health dated September 12, 1988 No. 704 “On the timing of dispensary observation of patients with alcoholism, drug addiction and substance abuse” and by order of the Russian Ministry of Health dated December 31, 2002 No. 420 “On approval of forms of primary medical documentation for psychiatric and drug treatment institutions.” The order dated September 12, 1988, referring to the fundamental order dated May 20 of the same year, details the registration period and the required frequency of patient visits to the doctor.

The listed departmental documents, which serve as the only regulatory basis for drug registration, contradict Articles 33 and 34 of the Fundamentals of Legislation of the Russian Federation on the Protection of Citizens' Health (hereinafter referred to as the Fundamentals) dated July 22, 1993 (last edition dated December 30, 2008), which state that medical observation (a type of which is recording) can only be carried out voluntarily, with the consent of the patient:

“A citizen or his legal representative has the right to refuse medical intervention or demand its termination, except for the cases provided for in Article 34 of these Fundamentals” (Article 33).

According to Article 34 of the Fundamentals, involuntary provision of medical care is permitted in relation to:

Persons suffering from diseases that pose a danger to others,
. persons suffering from severe mental disorders,
. persons who have committed socially dangerous acts.

The grounds and procedure for involuntary intervention for each of these cases must be established by the legislation of the Russian Federation.

Narcological pathology does not meet any of the above conditions.

Firstly, not a single form of drug addiction is included in the exhaustive list of diseases that pose a danger to others, approved by Decree of the Government of the Russian Federation of December 1, 2004 No. 715.

Secondly, non-medical drug use also cannot be classified as socially dangerous acts (in the legal sense, of course). These are considered crimes (Article 14 of the Criminal Code of the Russian Federation), and not administrative offenses. Responsibility for the consumption of prohibited substances is provided not by the Criminal Code, but by Article 6.9 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Administrative Offenses Code). It is also not a crime to acquire, possess, or manufacture drugs in an amount that is not large, i.e., within the meaning of the law, for personal use (Article 6.8 of the Administrative Code). Offenses are recognized as “illegal, guilty actions” (Article 2.1 of the Administrative Code), and not as socially dangerous acts.

Thirdly, drug addiction in general cannot be classified as a severe mental disorder, i.e. does not fall under the relevant provisions of the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in Its Provision” dated July 22, 1993 (hereinafter referred to as the Law on Psychiatry; last edition dated August 22, 2004) as in the part related to involuntary examination and compulsory treatment, and in relation to the grounds for dispensary observation without the consent of the citizen (Articles 26 and 27). The Psychiatry Law recognizes a severe mental disorder as a chronic and prolonged disorder with severe, persistent or frequently exacerbating painful manifestations.

Undoubtedly, in some cases, drug addicts may be subject to the criteria specified in the Psychiatry Law. But considering every drug user (for example, caught casually using marijuana) to be suffering from a severe mental disorder is absurd. If a particular drug addict is recognized as suffering from a serious disorder, then the procedure for such recognition must comply with the requirements of the Law on Psychiatry. The decision on the need to establish dispensary observation and its termination is made, according to the Law on Psychiatry, by a commission of psychiatrists. The 1988 instruction allows a psychiatrist-narcologist to make the sole decision on registering a citizen.

According to the fair opinion of E.I. Tsymbal, “drug addiction, substance abuse and alcoholism should be recognized as mental disorders, because they:

They change a person’s attitude towards life, himself and society, as well as society’s attitude towards a person;

Included in sections F10-F19 (mental and behavioral disorders associated with psychoactive substance use) of class V (“Mental and behavioral disorders”) of the International Classification of Diseases, 10th Revision;

They are based on a violation of mental activity - the patient’s inability to voluntarily regulate his behavior adequately to the objective requirements of the environment.”

Thus, in relation to patients with drug addiction, as suffering from a mental disorder, instead of registration, dispensary observation should be established (including without the patient’s consent), but only in cases provided for in Article 27 of the Law on Psychiatry, according to which “dispensary observation may be established for a person suffering from a chronic and protracted mental disorder with severe persistent or frequently exacerbating painful manifestations.”

The acts of the USSR Ministry of Health (the above-mentioned orders of May 20 and September 12, 1988) are not consistent with these legal requirements, since they do not contain the main criterion - the severity of the disease.

Registration of patients with drug addiction and dynamic monitoring of them, as well as preventive surveillance are provided for by the current Regulations on the Narcological Dispensary, approved by Order of the USSR Ministry of Health of August 14, 1985 No. 1078 (although this Regulation does not disclose the procedure and conditions for registration). But this outdated normative act can be applied only to the extent that does not contradict federal laws.

Finally, the need to register drug addicts is stipulated in Article 56 of the Federal Law “On Narcotic Drugs and Psychotropic Substances” dated January 8, 1998 (hereinafter referred to as the Federal Law on Drugs; last edition dated November 25, 2008), which states that “the procedure for medical supervision for patients with drug addiction and registration of patients with drug addiction is established by the federal executive body in the field of health care in agreement with the federal executive body for control over the circulation of narcotic drugs and psychotropic substances, the Prosecutor General's Office of the Russian Federation and the federal executive body in the field of justice.”

Such a by-law regulating the registration of drug addicts has not yet been adopted.

Accordingly, this part of the Federal Law on Drugs has not worked for more than 11 years; its Article 56 does not apply. In the absence of special regulation, the general industry regulation is applied, i.e. - Law on Psychiatry. It is important to emphasize that the Federal Law on Drugs, in contrast to the 1988 Instructions, provides exclusively for the recording of drug addicts, and not all persons who admit or have once admitted the use of illegal psychoactive substances. So “preventive accounting” contradicts, among other things, the Federal Law on Drugs, which is by no means liberal.

Despite legislative provisions that exclude the possibility of involuntary medical registration, in practice, citizens are registered on the grounds and in accordance with a morally and legally outdated order - without informed voluntary consent (Article 32 of the Fundamentals), and sometimes even without informing the registered person at all about his new status. It happens that a citizen finds out that he is “registered” by accident.

Even if we admit that drug registration is currently permissible in some form (at least on the basis of the Regulations on the drug dispensary), then only if the current federal legislation is observed, taking into account the hierarchy of legal norms. Under such conditions, a drug user can be registered in the following two ways:

1. Apply for treatment yourself and consent to registration.

2. Having been taken for a medical examination and having received a positive result, agree to register.

But “voluntary drug registration” is nonsense, since it does not serve the control purposes for which it was created. Therefore, voluntary registration practically does not exist, except for such registration of adolescents on the initiative of parents or other legal representatives. In recent years, the legal basis for parental coercion has been somewhat expanded: by federal laws of December 1, 2004 No. 146-FZ8 and No. 151-FZ9, the age of voluntary consent of a person to medical intervention for adolescents with drug addiction was raised from 15 to 16 years. It should be noted that this change applies only to minors with drug addiction, i.e. those who have been diagnosed accordingly, and does not apply to cases of examination (testing), as well as registration with drug treatment, which, as a general rule, requires the voluntary informed consent of a person after he reaches the age of 15.

There are isolated cases of self-registration in order to obtain a deferment from conscription for military service. But these are exceptional and not typical cases.

There are a number of adult patients who are not registered and voluntarily apply to state drug treatment hospitals. These are low-income drug addicts who do not have the means for anonymous treatment. Such patients are also registered at the drug dispensary, but information about them, subject to the regime prescribed by the doctor, according to the Instructions, should not be transferred to the police. It is difficult to say to what extent this is observed. Drug addicts themselves usually do not believe that their use of drug treatment will remain unknown to the authorities and perceive registration as a forced payment for free treatment.

International non-profit organization "European Cities Against Drugs" - "European Cities Against Drugs"

Head Office ECAD: City Hall, S-105 35 Stockholm, Sweden
Email:

Copyright © 2001 - 2015 All rights reserved