Thailand Narcotics Code (Sections 108-123)
Book 2
Treatment and social rehabilitation for drug addicts
Title 1
General Provisions
Section 108 In this Part,
“being addicted to narcotics” means consume drugs regularly and continually and falling into the condition of being dependent on such narcotics, and that can be diagnosed such condition according to academic criteria;
“treatment” means treatment of narcotics addict which includes screening, dependence assessment, treatment with medicine, rehabilitation, harm reduction from narcotics, and follow-up after treatment;
“rehabilitation” means any actions that are the therapy of narcotics use behavior, and the restoration of physical and mental conditions of narcotics addict to normal;
“rehabilitation” means any actions that are the therapy of narcotics use behavior, and the restoration of physical and mental conditions of narcotics addict to normal;
“social rehabilitation” means any action which is the assistance or support for narcotics addict or persons who have completed treatment to improve their quality of life in terms of housing, education, career as well as follow-up and aftercare until they can return to live in a society decently;
“healthcare facility for narcotics addict” means hospital or healthcare facility according to the rules, procedures, and conditions that the Narcotics Addiction Treatment and Rehabilitation Committee shall prescribe it to be the workplace of narcotics addiction treatment.
“rehabilitation facility for narcotics addict” means healthcare facility, rehabilitation facility, or other facilities according to the rules, procedures, and conditions that the Narcotics Addiction Treatment and Rehabilitation Committee shall prescribe to be the workplace of rehabilitation for drug addicts;
“screening center” means the place for screening narcotics using;
“social rehabilitation center” means the workplace of social rehabilitation for narcotics addict, or for persons who have completed treatment;
“licensor” means the Permanent Secretary of Public Health or the person entrusted by the Permanent Secretary of Public Health.
Title 2
Narcotics Addiction Treatment and Rehabilitation Committee
Section 109 There shall be a committee called “Narcotics Addiction Treatment and Rehabilitation Committee” consisting of Deputy Prime Minister assigned by the Prime Minister to act as Chairperson, Permanent Secretary of Social Development and Human Security, Permanent Secretary of Interior, Permanent Secretary of Labor, Permanent Secretary of Education, Permanent Secretary of Public Health, Commander-in-Chief of the Royal Thai Army, Commander-in-Chief of the Royal Thai Navy, Commander-in-Chief of the Royal Thai Air Force, Commissioner- General of the Royal Thai Police, Director General of Provincial Administration Department, Director General of Medical Services Department, Director General of Disease Control Department, Director General of Probation Department, Director General of Corrections Department, Director General of Medical Sciences Department, Director General of Local Administration Department, Director General of Health Service Support, Director General of Mental Health Department, Secretary General of the NCB, Secretary General of the FDB, Permanent Secretary of Bangkok Metropolitan Administration, Governor of Sports Authority of Thailand, Chairperson of the Federation of Thai Industries, and Chairperson of the Thai Chamber of Commerce as ex-officio members, and three qualified members appointed by the Minister of Public Health, at least one of whom shall be a representative from private organization relating to narcotics addiction treatment and rehabilitation.
A Deputy Permanent Secretary of Public Health which the Permanent Secretary of Public Health entrusted to be a member and secretary of the Committee, the Narcotics Addiction Treatment and Rehabilitation Committee shall be appointed not more than two government officials of the Ministry of Public Health to serve as assistant secretary.
For performance according to the duties and powers of the Narcotics Addiction Treatment and Rehabilitation Committee, the Narcotics Addiction Treatment and Rehabilitation Committee may have the resolution to invite the Permanent Secretary of Ministry or head of State Agency who has direct duties and authorities on the issue to be considered or invite persons who have knowledge, expertise, and experience relating to narcotics addiction treatment and rehabilitation to attend the meeting occasionally as a member also. In such case, the invited person who attends the meeting shall have the status of a member according to paragraph one for such meeting invited.
Section 110 The Office of the Permanent Secretary of Public Health shall serve as the secretariat office of the Narcotics Addiction Treatment and Rehabilitation Committee in charge of secretarial work, meeting, education, and other undertaking relating to the work of the Narcotics Addiction Treatment and Rehabilitation Committee.
Section 111 The Narcotics Addiction Treatment and Rehabilitation Committee shall have duties and powers as follows;
(1) give advice to the Minister of Public Health about issuance the Ministerial Regulations under this Part;
(2) formulate the policy and measures relating to narcotics addiction treatment and rehabilitation;
(3) formulate the guidelines and performance of the development of academic work, standard and quality of narcotics addiction treatment and rehabilitation, human capacity development, and the database relating to narcotics addiction treatment and rehabilitation;
(4) set the rules, procedures, and conditions for the establishment and the quality warranty of the screening center, healthcare facility for narcotics addict, narcotics addiction rehabilitation center and social rehabilitation center;
(5) set the rules, procedures and conditions in screening, drug addiction treatment and rehabilitation and outcome evaluation of narcotics addiction treatment and rehabilitation;
(6) set the regulations or rules to control treatment and disciplinary procedures for screening center, healthcare facility for narcotics addict, addiction rehabilitation facility;
(7) give approval upon the formulation of the rules, procedures and conditions of social rehabilitation, and follow-up, aftercare and support for narcotic addict or person who have completed treatment;
(8) supervise, follow up, monitor, give advices and recommend local agencies about the delivery of assistance and support to narcotics addict or person who have completed treatment;
(9) outline the guidelines for concerned agencies to provide necessary and appropriate assistance on social benefits, social welfare as well as support narcotics addict or person who have completed treatment who have no dwelling to have a temporary shelter and be able to live in a society;
(10) outline the implementation guidelines for agencies to provide assistance on career, education, welfare fund, and other welfare benefits necessary for making a living to narcotics addict or person who has completed treatment;
(11) support and promote the employment or career of narcotics addict or person who have completed treatment;
(12) formulate the policy to support and promote the participation of community in following up, monitoring, and assisting narcotics addict or person who have completed treatment;
(13) appoint sub-committee to perform any duty as assigned;
(14) implement any other duties according to this Code or other laws as prescribed as duties and authorities of the Narcotics Addiction Treatment and Rehabilitation Committee.
Section 112 The provision in section 7, section 8, section 9, and section 10 shall apply to the Narcotics Addiction Treatment and Rehabilitation Committee, mutatis mutandis
Title 3
Narcotics Addiction Treatment
Section 113 Any person attribute that oneself shall consume narcotics under section 162 or section 163 or shall have in possession of the narcotic drugs or the psychotropic substances for consume under section 164 and shall be voluntarily requested to treatment in the healthcare facility for narcotics addict before the detection of the Narcotics Controls Official or administrative official or police official, and also completely conduct under in the rules, procedures, and conditions that the Narcotics Addiction Treatment and Rehabilitation Committee prescribed by published in the Government Gazette, until such person was certified in a written as a person who has completed treatment with satisfactory results from the head of the healthcare facility for narcotics addict or narcotics addiction rehabilitation center, such person shall not be guilty of such sections.
Section 114 In the case that Narcotics Control Official or administrative official or police official shall discover a person whose circumstance shall be reasonable suspicion of committing the offence of consumption of narcotics under section 162 or section 163 or having in possession of narcotics for consume under section 164, if it shall not appear that such person shall be the alleged offender or upon being prosecuted for other offences which have imprisonment or being imprisoned by the court judgment, no circumstance shall cause danger to other person or society or circumstance shall cause danger to other person or society by psychiatric and neurological diseases or symptoms that effects of narcotics used and voluntarily to have treatment, the Narcotics Control Official, or administrative official or police official shall then refer such person to healthcare facility for narcotics addict or screening center.
When a person voluntarily shall have treatment under paragraph one and complies completely with the rules, procedures, and conditions that the Narcotics Addiction Treatment and Rehabilitation Committee prescribed by published in the Government Gazette, until receiving a certification in writing as a person who has completed treatment with satisfactory results from the head of the healthcare facility for narcotics addict or narcotics addiction rehabilitation center, such person shall not be guilty of such section.
If a person who attends treatment under paragraph one escapes or shall not cooperate in treatment completely under the rules, procedures, and conditions that the Narcotics Addiction Treatment and Rehabilitation Committee prescribed by published in the Government Gazette. Healthcare facility for narcotics addict or narcotics addiction rehabilitation center shall past record, data, and circumstances of such person who escapes or shall not cooperate in such treatment, for the purpose of considering having treatment under paragraph one. Section 115 for the purpose of narcotics addiction treatment, the Narcotics Control Official, or administrative official, or police official shall have duties and powers as follows;
1) to examine or search a person whose circumstance is reasonable suspicion of consuming narcotics;
(2) to seize narcotics from a person who possesses narcotics; (3) to examine or test or order to be examined or to be tested for narcotics substances within the body of a person. When there is a necessity and there is a reasonable belief that there is such person consumed narcotics in any dwelling or any premises or in the vehicle;
(4) to enquire and examine for realized name, career, address, past record, income, and other circumstance of a person under (1), (2), or (3);
(5) to enquire about volunteering and to sign up voluntarily or involuntarily to have treatment;
(6) for the purpose of the implementation under (1), (2), (3), (4), and (5) and a referral of such person to healthcare facility for narcotics addict, such person shall be in temporary custody but shall not exceeding twenty-four hours from the time as be examined or to be tested such person have some narcotics substances within his or her body;
(7) to record circumstances in implementing under (1), (2), (3), (4), (5), and (6) and post him or hers to the inquiry official to keep as evidence in the case that shall prosecute to such person.
The rules, procedures, and conditions on implementation under paragraph one shall be in accordance with the Minister of justice prescribed in the Ministerial Regulation.
The Narcotics Control Official, or administrative official, or police official in any position or any level shall have duties and powers as prescribed under paragraph one, which shall be in accordance with the Minister of justice prescribed in Ministerial Regulations.
Section 116 The Ministry of Public Health shall notify as prescribed the place where shall be screening center. Due to, shall be in accordance with the rules, procedures, and conditions that the Drug Addiction Treatment and Rehabilitation Committee prescribed by published in the Government Gazette. The screening center shall have the duties and power as follows;
(1) to detect narcotics substances in the body;
(2) to screen and assess the severity of being addicted to narcotics, risk conditions of both physical and mental health;
(3) to consider referring a person who has treatment admission to healthcare facility for narcotics addict or narcotics addiction rehabilitation center;
4) to prepare the screening data and other data of a person who attends the screening.
Section 117 Healthcare facility for narcotics addict or narcotics addiction rehabilitation center shall have the duties and powers in conducting treatment or rehabilitation, evaluation, continuous follow-up, and aftercare, preparing and recording the past record of a person who has treatment and rehabilitation and conducting harm reduction, as the case may be.
Title 4
Social rehabilitation
Section 118 The Ministry of Interior and the Bangkok Metropolitan Administration shall establish social rehabilitation center, due to, shall be in accordance with the rules, procedures, and conditions that the Drug Addiction Treatment and Rehabilitation Committee prescribed by Published in the Government Gazette.
The social rehabilitation center shall follow up, aftercare, counseling, guidance, support, and welfare to a person who attending treatment under section 113, section 114, and section 169 for a person who attending treatment shall have social rehabilitation by services of social welfare, social work which necessity and appropriate including assist and support a dwelling for temporary to such person to be able to live in society and shall not be recidivism offence relating to narcotics.
Ministry of Social Development and Human Security, Ministry of Labor, Ministry of Education, Ministry of Public Health, and the ONCB shall provide support and assistance for the implementation of the agencies under paragraph one in terms of career, education, follow-up, aftercare for the problem of health care, and providing other welfare services.
Social rehabilitation under paragraph one and paragraph two shall be in accordance with the rules, procedures, and conditions that the Minister of Public Health prescribed in the Ministerial Regulations by the approval of the Narcotics Addiction Treatment and Rehabilitation Committee.
Section 119 In social rehabilitation under section 118, Ministry of Social Development and Human Security, Ministry of Interior, Ministry of Labor, Ministry of Education, Ministry of Public Health, or the Bangkok Metropolitan Administration shall be appointed official or entrusted volunteers in the local areas or shall make an agreement to assign or transfer it to Government Sector, local administrative organization, non-governmental organization, community organization, or other organizations that shall be providing cooperation.
Section 120 The social rehabilitation center shall have the duties and powers as follows;
(1) to advice, counsel, and assistance to narcotics addict or person who have completed treatment;
(2) to provide assistance on social welfare including support to narcotics addict or person who have completed treatment shall have a dwelling for temporary;
(3) to provide assistance on career, education, welfare fund, and other social work which necessary for living to narcotics addict or a person who completed treatment;
(4) to promote and support employer or business place to recruit narcotics addict or person who completed treatment to start employment;
(5) to encourage family and community to have involved in treatment, and follow-up aftercare, and assistance to narcotics addict or person who completed treatment.
Title 5
Offense Relating to Narcotics Addiction Treatment
Section 121 No person shall provide treatment to narcotics addict as normal business by using medicine under the law on drugs or psychotropic substances or narcotic drugs under this Code or conducting narcotics treatment no matter by any other means which are not conducted in the healthcare facility for narcotics or narcotics addiction rehabilitation center as prescribed in this Code, no matter with or without benefit in return.
The provision in paragraph one shall not comply to the providing of knowledge, providing of counseling or providing of guidance to narcotics addict without any benefit in return.
Section 122 No person shall advertise on narcotics treatment, or allow other person to conducted such advertise by using his/her name or the name or location or business of the healthcare facility for narcotics addict or the narcotic addiction rehabilitation center of his/hers or qualification or certificate of the practitioner in healthcare facility for narcotics addict or narcotics addiction rehabilitation center of his/her unless having a license from the licensor.
The application for permission, issuance of license and the conditions for advertisement according to the license shall be in accordance with the rules, procedures, and conditions that the Minister of Public Health prescribed in Ministerial Regulations.
The provision in paragraph one shall not comply with the State healthcare facility.
Section 123 In the case that the licensor considers that any advertisement violates section 122, or there is using of advertising messages that is not compliant with the permission from the licensor, the licensor shall have the powers to issue order of any one or several as follows;
(1) to correct the messages or methods in advertisement;
(2) to prohibit the using of some messages which appear in advertisement;
(3) to prohibit the advertisement or prohibit the using of any method in advertisement;
(4) to provide advertisement to correct the misunderstanding that may occur.
In issuing the order under (4), the licensor shall prescribe the rules and procedures of advertisement by taking into consideration the benefit of the people and the good faith in the conducting of advertiser.
The English language translation is provided for research and educational purposes only.
Persons with legal problems in Thailand are advised to contact a licensed lawyer, DRUG OFFENSES IN THAILAND
| <<<Previous section Next section>>> |
| Back to Main Index |
