Anti-Drug Law of the People's Republic of China
Article 37 A medical institution may, in light of the need for treatment of drug addiction, inspect the person and the articles carried by him who is receiving such treatment; and may, during the period of treatment adopt the necessary temporary and restrictive measures to protect him against personal danger.
When the medical institution discovers that a person receiving treatment of drug addiction ingests or injects narcotic drugs during the period of treatment, it shall report the matter to the public security organ in a timely manner.
Article 38 When a drug addict does one of the following, the public security organ under the people’s government at or above the county level shall make a decision on his compulsory isolation for drug rehabilitation:
(1) refusing to receive treatment of drug addiction in the community;
(2) ingesting or injecting drugs during the period of treatment of drug addiction in the community;
(3) seriously violating the agreement on treatment of drug addiction in the community; or
(4) relapsing into ingesting or injecting drugs after treatment of drug addiction in the community or after compulsory isolation for drug rehabilitation.
With respect to a person who is seriously addicted to narcotic drugs and is difficult to be cured of such addiction through treatment in the community, the public security organ may directly make a decision on his compulsory isolation for drug rehabilitation.
A drug addict who is willing to receive compulsory isolation for drug rehabilitation may, with the consent of the public security organ, go to a compulsory isolation center for drug rehabilitation to receive treatment.
Article 39 If a female drug addict is pregnant or is breast-feeding her own baby that has not reached the age of one, compulsory isolation for drug rehabilitation shall not be applied to her. If the drug addict is a minor who has not reached the age of 16, he may be dispensed from such isolation.
With respect to the drug addict to whom compulsory isolation for drug rehabilitation is not applicable, as specified in the preceding paragraph, he or she shall undergo treatment of drug addiction in the community in accordance with the provisions of this Law, and the neighborhood office in an urban area and people’s government of a township or town that is responsible for such treatment in the community shall do more in helping, enlightening and supervising him or her and see to it that the measures for treatment of drug addiction in the community are put into effect.
Article 40 When the public security organ decides to enforce compulsory isolation on a drug addict for drug rehabilitation, it shall make a written decision on compulsory isolation for drug rehabilitation, and, before the enforcement of such isolation, serve it on the person against whom the decision is made, and it shall, within 24 hours after the decision is served, notify his family, the unit where he belongs and the police station at the place where his residence is registered; and if the person against whom the decision is made refuses to tell his true name and address, or his identity is unclear, the public security organ shall make the notification after the identity is found out.
If the person against whom the decision on compulsory isolation for drug rehabilitation is made by the public security organ is dissatisfied with the decision, he may, according to law, apply for administrative reconsideration or bring an administration action before the court.
Article 41 The person against whom the decision on compulsory isolation for drug rehabilitation shall be sent by the public security organ that makes the decision to the compulsory isolation center for drug rehabilitation.
The regulations for the setting up of the compulsory isolation centers for drug rehabilitation and for their management system and fund guarantee shall be formulated by the State Council.
Article 42 When a person enters a compulsory isolation center for drug rehabilitation to receive treatment, he shall be subject to physical inspection and inspection of the articles he brings with him.
Article 43 The compulsory isolation center for drug rehabilitation shall, in light of the kind of the narcotic drugs that a drug addict ingests or injects and the degree of his addiction, etc., give him physiological or psychological treatment or physical rehabilitation training, as the case may be.
The compulsory isolation center for drug rehabilitation may, in light of the need for treatment of drug addiction, organize the persons receiving such treatment to engage in the necessary production or other work and train them in vocational skills. Where persons receiving treatment of drug addiction are organized to engage in production or other work, remunerations shall be paid to them.
Article 44 The compulsory isolation centers for drug rehabilitation shall manage the persons receiving treatment of drug addiction by diving them into different groups according to their sex, age, health condition, etc.
The compulsory isolation centers for drug rehabilitation shall provide the necessary nursing and medical treatment to the persons receiving treatment of drug addiction who are seriously handicapped or suffering from serous diseases; it shall, according to law, take the necessary measures to isolate and treat those persons who suffer from contagious diseases; and it may take the necessary protective measures to restrain those who may commit self-injury, self-mutilation, etc.
No managerial persons of the compulsory isolation centers for drug rehabilitation may inflict corporal punishment on, or maltreat or humiliate the persons receiving treatment of drug addiction.
Article 45 Compulsory isolation centers for drug rehabilitation shall have licensed doctors to meet the need of treatment of drug addiction. The said doctors who are entitled to prescribe narcotic or psychotropic substances may, in accordance with the relevant technical standards, administer narcotic or psychotropic substances to the persons receiving treatment of drug addiction.
The administrative departments for health shall give more effective professional guidance to the licensed doctors of the compulsory isolation centers for drug rehabilitation and exercise strict supervision and control over them.
Article 46 The relatives of a person receiving treatment of drug addiction, and the staff members of the unit where he belongs or of the school where he studies may visit him in accordance with relevant regulations. The person receiving treatment of drug addiction may leave the center to visit his spouse and lineal relatives upon approval by the compulsory isolation center for drug rehabilitation.
Managerial persons of the compulsory isolation center for drug rehabilitation shall inspect the articles and mail delivered by persons from outside of the center to the persons receiving treatment of drug addiction, in order to prevent narcotic drugs from being smuggled in along with the articles or mail. In the inspection of mail, attention shall be paid to protecting, according to law, the freedom and privacy of correspondence of the persons receiving treatment of drug addiction.
Article 47 The period of compulsory isolation for drug rehabilitation shall be two years.
Where, after one year of compulsory isolation for drug rehabilitation, diagnosis and assessment prove that a person receiving treatment of drug addiction is in good condition, the compulsory isolation center for drug rehabilitation may put forward the proposal for terminating such isolation in advance to the authority that makes the decision on compulsory isolation for drug rehabilitation for approval.
Where, before the expiration of the period of compulsory isolation for drug rehabilitation, diagnosis and assessment prove that such period needs to be extended for a person receiving treatment of drug addiction, the compulsory isolation center for drug rehabilitation shall put forward the proposal for extending the period to the authority that makes the decision on compulsory isolation for drug rehabilitation for approval. The period of isolation for drug rehabilitation may be extended to a maximum of one year.
Article 48 With respect to a person who is released from compulsory isolation for drug rehabilitation, the authority that makes the decision on such isolation may order him to receive recovery treatment in the community for not more than three years.
Recovery treatment in the community shall be administered mutatis mutandis according to the provisions of this Law on drug rehabilitation in the community.
Article 49 Local people’s governments at and above the county level may, in light of the need for the work of drug rehabilitation, set up recovery centers for drug rehabilitation; and they shall support the recovery centers for drug rehabilitation which are set up for the public good by different sectors of the society and shall provide them with the necessary conveniences and assistance.
Persons receiving treatment of drug addiction may choose to live and work at recovery centers for drug rehabilitation. If the said centers organize the said persons to participate in production or other work, they shall pay the latter remunerations mutatis mutandis according to the regulations of the employment system of the State.
Article 50 Public security organs and judicial administration departments shall provide the necessary treatment of drug addiction to the drug users who are, in accordance with law, detained, arrested, put into prison to serve criminal punishment and with respect to whom compulsory enlightenment measures are taken.
Article 51 The administrative departments for health under the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government may, in conjunction with the public security organs and the drug regulatory departments, organize efforts to provide maintenance treatment of drug addiction in accordance with the relevant regulations of the State and in light of the need for consolidating the results of abstinence from drugs and the prevalence of Acquired Immune Deficiency Syndrome in their respective administrative areas.
Article 52 Persons receiving treatment of drug addiction shall not be discriminated against in terms of enrollment in schools, employment, enjoyment of social security, etc. The relevant departments, organizations and persons shall provide them with the necessary guidance and help in these respects.