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Haryana notifies Haryana De-addiction (Amendment) Rules,2018

Chandigarh, February 14, 2018: Haryana Government has notified the Haryana De-addiction (Amendment) Rules, 2018.

          As per the notification, the State Level Committee would comprise official and non-official members. Administrative Secretaries of Health, Social Justice and Empowerment, and Women and Child Development Departments, Director General of Police or his representative not below the rank of Additional Director General of Police and Directors of Social Justice and Empowerment and Higher Education Departments, would be the official members of the committee. The Director General, Health Services would be the Member Secretary of the Committee. The State Level Committee would comprise two representatives of existing NGOs working in the field, two social workers of repute and two representatives of Narcotics Anonymous and Alcoholism Anonymous. The senior most Administrative Secretary would chair the Committee.

          The Psychiatry Nursing Homes or Hospitals which are holding License under the Mental Health Act,1987 (Central Act 14 of 1987) and the Central Mental Health Authority Rules, 1990 and are providing treatment and care to substance dependents, would be exempted from obtaining License. They would be governed under the provisions of the Mental Health Act, 1987 (Central Act 14 of 1987), however, they would have to get themselves registered with the Licensing authority and submit data on de-addiction cases in the prescribed proforma, that is, Drug Abuse Monitoring System. They would also be under the preview of the District Level Committee as regards monitoring, supervision and inspection.

          The license would be valid for a period of three years from the date of issue unless suspended, revoked or cancelled by the Licensing Authority.

          The Licensing Authority may cancel the license if on inspection of the Centre, it is found that the Centre is not adhering to the minimum standards of care as specified in these rules or on receipt of any report of violation of the human rights from the District Level Committee or if any such complaint comes to the notice of the Licensing authority.

          The Licensing authority may suspend the License on receipt of report from the District Level Committee of any deficiency in the minimum standards or care or violation of human rights from the date of issue of such suspension orders. The Licensing authority may initiate inquiry within a period of 15 days. Provided that such Centre would be given an opportunity of being heard by the inquiry committee as constituted by the Licensing authority. The Committee would submit its report within a period of one month to the Licensing authority, on receipt of the report the inquiry committee; the Licensing authority would take decision thereon.

          The Appellate Authority would hear an appeal of an aggrieved person preferred against the cancellation of license within a period of 30 days from the date of intimation of such cancellation alongwith fee of Rs 300 by way of demand draft payable in favour of Director General Health Services, Haryana.

          An applicant may prefer appeal before the Appellate Authority against the order of the Licensing authority in case Grant of license is denied to him in Form III. There would be Appellate Authority comprising of the Administrative Secretaries of Social Justice and Empowerment and Health Departments as Members and Director, Social Justice and Empowerment Department as Member Secretary.

          The licenses for Counseling-cum-Rehabilitation Centre would be granted in the name of person incharge along with the institution. Only one license would be granted to a person. The Centres would be maintained with the specified manpower for bed strength of only 15, provided that in case of License exceeding a bed strength of 15 beds, the requisite manpower in multiples of prescribed norms except for a doctor or psychiatrist would be employed. The centre within a year of grant of license would get NABH accreditation for such centres as developed by the Union Ministry of Social Justice and Empowerment.

          No patient would be admitted to a Centre till he undergoes detoxification from a Psychiatric Nursing Home or Hospital. This fact would be on record as a certificate.

          The Drug Addicts Monitoring System (DAMS) proforma as developed by the Government of India would be developed in a software format and the login/password would be issued to much licensed De­addiction or Counseling Centres for the purpose of data assimilation and analysis at the State Level. The software would be developed by the Health Department. The data of DAMS would be maintained by the Health Department and shared with Social Justice and Empowerment Department.