Get documents about "Prevention of and Treatment for Substance Abuse Bill PORTFOLIO
Document Sample
Prevention of and Treatment for
Substance Abuse Bill
PORTFOLIO COMMITTEE ON
SOCIAL DEVELOPMENT
27 FEBRUARY 2008
1
Purpose of Presentation
To brief the Portfolio Committee about the Prevention of
and Treatment for Substance Abuse Bill
2
Why the review of the present legislation
Prevention and treatment of drug dependency
Act 20/1992
• Act is outdated
• Not responsive to current challenges
• Focused on center based treatment
• Gaps in the management of centre based services
• No provision for prevention, community based and
outpatient services (prevention and treatment)
• Admission procedures for treatment centres not user
friendly
3
Process of developing the Bill
• The development of the draft was informed by the new policy for substance
abuse and the NDMP 2006-2011
• The national DSD established and led a reference group consisting of:
– Representatives from state and private institutions
– Provincial Departments of Social Development
– Department of Health
– Non-governmental Organizations
• The first workshop, involving the reference group, all relevant national
departments and the CDA, was held in July 2005
• Zero draft workshopped with provinces (at least a two-day provincial
workshop per province) in Feb/Mar. 2006
• Written submissions were also received from individuals and from
organizations
• A national consultative workshop was held with all stakeholders, including
relevant national departments, on 31 may and 1 June 2006
4
Process of developing the Bill
• Other parties consulted include the ff.:
– South African Police Services
– Departments of Justice, Foreign Affairs, Education, Health
– National Youth Commission
– SA Revenue Services
• An informal briefing was given to portfolio committee on
social development
• On the advice of the Portfolio committee, the zero draft was
consulted with the ff:
– Traditional leader’s organizations
– National Arts Council
– National HIV and AIDS Council
• All submissions received were considered by the reference
group and the legal drafter
5
Process of developing the Bill
• The Bill was publicised for public comment for a period of 21 days on
26 January 2007
• Inputs were received from members of the public, Departments of
Health, Justice, SAPS and private sector
• Where appropriate, comments were integrated into the Bill
• The Bill was approved by the Minister for tabling in Cabinet
• Cabinet members, notably Ministers of Education, Finance, Health and
Justice made their inputs on the Bill and these were integrated
• The Bill was approved and was to be introduced to Parliament.
6
Financial implications of the Bill
• Preliminary costing of the bill was done by the HSRC
• The preliminary costing of the Bill has been categorised
into three phases as per the request of the National
Treasury, as follows:
o Phase 1 – Initiation Phase
o Phase 2 – Transition Phase
o Phase 3 – Full Implementation
• Costing for each phase was done on three levels:
o Scenario 1 – Conservative
o Scenario 2 – Intermediate
o Scenario 3 – Aggressive Implementation
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Financial implications of the Bill
• The preliminary financial implications of the Bill based on the costing of
Scenario 3 per phase is summarized below:
• Table 1: Annual implementation cost per phase:
Initial phase Transitional phase Full implementation
Estimated R264m R325m R375m
Cost
– The final costing of the Bill will be done when the Bill has been
considered by the Portfolio Committee.
8
Structure of the Bill
Preamble
• Chapter 1 - Definitions and Objects of the Bill
• Chapter 2 - Combating of substance abuse
• Chapter 3 - Prevention of substance abuse
• Chapter 4 - Community based services
• Chapter 5 - Centre based and outpatient
services
• Chapter 6 - Aftercare and reintegration services
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Structure of the Bill cont…
• Chapter 7 - Admission, transfer and referral
procedures to treatment centres
• Chapter 8 - Behaviour management and
disciplinary interventions
• Chapter 9 - Central Drug Authority and
supporting structures
• Chapter 10 - Monitoring and Evaluation
• Chapter 11 - General provisions
10
Object of the Bill
• To combat substance abuse in a coordinated manner
• To create conditions for registration of all programmes,
including those in treatment centres and halfway houses
• To create conditions and procedures for the admission of
persons to and the release of persons from treatment
centres
• To provide vulnerable person with early intervention,
treatment and re-integration programmes
• To establish a Central Drug Authority to monitor and
oversee the implementation of the National Drug Master
Plan.
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Chapter One: Definitions and Objects of Act
• Definitions and Interpretation of Act
• Objects of Act
Chapter Two: Combating Substance Abuse
• Programmes for combating substance abuse
• Development of and compliance with minimum
norms and standards
• Support for services delivered by third parties
• Guiding principles for provision of services
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Chapter Three: Prevention of Substance Abuse
• Establishment of services and programmes for prevention of
substance abuse
• To address values, perceptions, etc associated with substances
• To develop personal and social skills to increase capacity for making
informed choices
• Focus of prevention services and programmes
• Family preservation and strengthening intra-family relationships
• Promotion of well being and realisation of full potential
• Awareness of risks associated with substance abuse
• Promotion of healthy lifestyles
• Provision of prevention and early intervention services by
various stakeholders to be prescribed by the Minister, including
compliance with minimum norms and standards
13
Chapter Four: Community Based Services
• Establishment of community based services that include
prevention, early intervention and treatment services and life
skills programmes
• Prescription of services and conditions for the registration of
such services
• Applications to the Director General for the registration of
services
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Chapter Five: Centre-based and Outpatient Services
• Purpose for which people are admitted to treatment centres:
reception, treatment including skills training and to perform
duties and functions as prescribed
• Establishment and abolition of public treatment centres and
half-way houses
• Staffing of public treatment centres and half way houses
• Conditions for registration of private treatment centres and
half way houses and cancellation of such registration
• Compliance with conditions for registration and remedies for
non-compliance
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Chapter Five: Centre-based and Outpatient Services
• Monitoring and assessment of private treatment centres and halfway
houses
• Establishment of out-patient services by Minister
• Types of out-patient services including prevention, early intervention and
holistic treatment service e.g. family programmes
• Dealing with children addicted to substances of abuse
(Dealt with ito Children’s Act)
• Condition for appointment and utilisation of volunteers for the provision
of services
16
Chapter Six: Aftercare and Reintegration
• Establishment of aftercare and reintegration programmes which must focus
on the successful reintegration of a service user into society, the workforce,
and family and community life
• Programmes must
– allow service users interaction with other service users, their families and
communities;
– promote the design of specific aftercare and relapse prevention
programmes;
– allow service users to share long term sobriety experiences;
– promote group cohesion among service users;
– enable service users to abstain from substance abuse;
– be well structured and based on individual plans;
– promote evidence based HIV prevention programmes, with particular
focus on relapsing substance abusers
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Chapter Six: Aftercare and Reintegration (cont.)
• Accreditation of programmes ito prescribed
norms and standards
• Establishment of support groups that assist the
service user to maintain abstinence
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Chapter Seven: Admission, Transfer and Retransfer of
Patients
• Application and admission of voluntary service user (in a prescribed
manner) to a treatment centre
• Admission of involuntary service user to a treatment centre by way of
prescribed procedures for such admission and treatment
• Prescribes conditions under which an involuntary person may be admitted
on submission of an affidavit to the effect that a person is dependent on
substances of abuse and
o Is a danger to himself or herself or to the immediate environment
or cause a major health risk;
o In any manner does harm to his or her own welfare or the welfare
of his or her family and others;
o Commits a criminal act or acts to sustain his or her abuse of
substances
• Court ordered admissions to treatment centres
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Chapter Seven: Admission, Transfer and
Retransfer of Patients
• Committal to treatment centre in lieu of a sentence for an
offence
• Postponement of order conditional upon supervision and
treatment
• Court ordered admissions to treatment centre
• Transfer of involuntary service users from correctional and
other alternative care services to public treatment centres ito
relevant legislation
• Leave of absence from treatment centres and
• Release on licence and revocation of licence
• Admission of foreigners to treatment centres
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Chapter Eight: Behaviour Management and Disciplinary
Interventions
• Maintenance of discipline in treatment centres, halfway houses, out-
patient and community based facilities
• Provides guidelines and procedures in all facilities
• Prescribes disciplinary procedures
• Deals with measures for the management of absconders
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Common issues on the service related chapters
• Establishment and development of such services
• Minimum norms and standards for service delivery
• Accreditation process for services and service providers
• Staffing
• Monitoring and evaluation
• Revocation of licenses and closure of facilities
• Offences and penalties
22
Additional Chapters
9. CDA:
• Establishment and functions of such a body and its supporting
structures
• Powers and Duties of CDA and its supporting structures
• Compliance with the implementation of the NDMP by all stakeholders
10. Monitoring and Evaluation
11. General Provisions
• Offences and Penalties
• Delegation
• Transitional Provisions
• Regulations
• Repeal of laws and savings
• Short title and commencement
23
THANK YOU FOR
YOUR ATTENTION
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