Prevention of and Treatment for Substance Abuse Bill

Prevention of and Treatment for Substance Abuse Bill PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT 6 MAY 2008

Purpose of Presentation To brief the Portfolio Committee on the Prevention of and Treatment for Substance Abuse Bill

Why the review of the present legislation Prevention and treatment of drug dependency Act 20/1992 • • • Act is outdated Not responsive to current challenges Focused on center based treatment Gaps in the management of centre based services No provision for prevention, community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

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

Process of developing the Bill • A national consultative workshop was held with all stakeholders, including relevant national departments, on 31 May and 1 June 2006 • 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 ff: – – – • the advice of the Portfolio committee, the zero draft was consulted with the 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

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, private sector and Departments of Health, Justice, SAPS • Where appropriate, comments were integrated into the Bill • The Bill was approved by the Minister for tabling in Cabinet

Process of developing the Bill • Cabinet members, notably Ministers of Education, Finance, Health and Justice made their inputs on the Bill and these were integrated • The Bill was approved by Cabinet • An informal briefing of the Portfolio Committee was done on 27 February 2008 • The input from the Portfolio Committee was considered and effected under separate cover and additional information provided as requested • The Bill was certified on the 29 February 2008

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

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: Estimated Cost Initial phase Transitional phase Full implementation R 264 m R 325 m R 375 m – The final costing of the Bill will be done when the Bill has been considered by the Portfolio Committee.

Structure of the Bill Preamble • • • Chapter Chapter 1 2 3 4 5 - • Chapter 6 - Definitions and Objects of the Bill Combating of substance abuse Prevention of substance abuse Community based services Centre based and outpatient services Aftercare and reintegration services

Structure of the Bill cont… • Chapter 7 • Chapter 8 • Chapter 9 • Chapter 10 • Chapter 11 - Admission, transfer and referral procedures to treatment centres Behaviour management and disciplinary interventions Central Drug Authority and supporting structures Monitoring and Evaluation General provisions

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.

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

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

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

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

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

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

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

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

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

Chapter Eight: Behaviour Management and Disciplinary Interventions • Maintenance of discipline in treatment centres, halfway houses, outpatient and community based facilities • Provides guidelines and procedures in all facilities • Prescribes disciplinary procedures • Deals with measures for the management of absconders

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

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

Matters for Consideration • Input emanating from briefing of Portfolio Committee was addressed including the ff: – The chapter on community based services has been redrafted – Traditional leaders are provided for in the functions of local drug action committees – Roles and challenges of relevant government departments and structures forwarded to the PC – The report on the costing of the Bill was forwarded to the PC • New input raised by CDA

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