PUNJAB GOVT. GAZ., SEPTEMBER 11, 2020

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( lxxiv )

LEGISLATIVE SUPPLEMENT

Contents

Pages

Part I

Acts

Nil

Part II

Ordinances

Nil

Part III

Delegated Legislation

Notification No. G.S.R. 69/C.A.61/1985/

Ss. 78 and 71/Amd.(1)/2020, dated the

28th August, 2020, containing amendment

in the Punjab Substance Use Disorder

Treatment

and

Counseling

and

Rehabilitation Centres Rules, 2011.

Part IV

Correction Slips, Republications and

Replacements

Nil

*****

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

ORDINARY

Published by Authority

CHANDIGARH, FRIDAY, SEPTEMBER 11, 2020

(BHADRA 20, 1942 SAKA)

..461-471

PUNJAB GOVT. GAZ., SEPTEMBER 11, 2020

(BHDR 20, 1942 SAKA)

PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF HEALTH AND FAMILY WELFARE

(Health 6 Branch)

NOTIFICATION

The 28th August, 2020

No. G.S.R. 69/C.A.61/1985/Ss. 78 and 71/Amd.(1)/2020.- In exercise of the

powers conferred by sub-section (1) of section 78 read with sub-section (2) of section 71

of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 61 of

1985), and all other powers enabling him in this behalf, the Governor of Punjab is pleased

to make the following rules further to amend the Punjab Substance Use Disorder Treatment

and Counseling and Rehabilitation Centres Rules, 2011, namely: -

RULES

(1) These rules may be called the Punjab Substance Use Disorder Treatment and

Counselling and Rehabilitation Centres (First Amendment) Rules, 2020.

(2) They shall come into force on and with effect from the date of their publication

in the Official Gazette.

In the Punjab Substance Use Disorder Treatment and Counseling and Rehabilitation

Centers Rules, 2011(hereinafter referred to as the said rules), in rule 2, for clause

(c), the following clause shall be substituted, namely: -

“(c) ‘Centre’ means a Centre established under section 71 of the Act,

where treatment and counseling and other health services for drug addiction

or substance abuse are provided as specified in rule 14 of these rules.”

In the said rules, in rule 10, -

(i)

For sub-rule (1), the following sub-rule shall be substituted, namely: -

"(1) An application shall be submitted by a person to the Licensing

Authority online, at its Official website ‘www.pddrc.in’ in Form-I along

with a fee of one thousand rupees, to obtain a license for establishing a

Centre.”

(ii)

In sub-rule (2), for the word “separately”, the words “separately, in

the name of Psychiatrist in-charge of each Centre” shall be substituted;

and

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(iii)

for sub-rule (12), the following sub-rules shall be substituted, namely: -

“(12) The Psychiatric Nursing Homes or Hospitals or Centres,-

(i)

which hold a provisional or permanent registration under the

Mental Healthcare Act, 2017, shall have to get themselves

registered under these rules, within a period of three months

from the date of coming into force of this amendment in these

rules, if they are providing treatment for substance abuse as

provided in rule 14 ;

(ii)

a Centre to which a license has been issued under these rules,

shall include the name of the Psychiatrist working in such centre,

and in the case of change of the psychiatrist-s appointed by that

Centre, the same shall be informed immediately to the Licensing

Authority in such manner as may be specified by it from time to

time;

(iii)

no Centre shall admit a patient or dispense any medicine to a

patient in the absence of a qualified psychiatrist;

(iv)

the Centres falling in category (II) of rule 14, shall be given a

license in the name of the Psychiatrist in whose name such Centre

is registered.

In the said rules, for rule 14, the following rule shall be substituted, namely: -

“14. Minimum standards. –

The Centres shall be of the following types, namely: -

(I)

Substance use disorder Treatment Centre (indoor and outpatient facility);

(II)

Substance use disorder Treatment Centre (Outpatient facility only);

(III) Substance use disorder Treatment Centre (indoor facility with both de-

addiction and rehabilitation); and

(IV) Substance use disorder counseling and rehabilitation Centres, which shall

maintain the minimum standards of care as specified below, namely: -

PHYSICAL STANDARDS

CENTRES WITH INDOOR FACILITY

(1)

Each Centre with indoor facility which falls in category (I),(III)and (IV)

mentioned above, shall, -

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(i)

have requisite number of beds (one for each patient), adequate

accommodation and proper spacing between the beds;

(ii)

have sufficient ventilation and shall be pollution free in the entire area;

(iii)

have potable drinking water facility and running water for washing,

bathing and cleaning purposes;

(iv)

have proper sanitation i.e. clean and adequate number of bathrooms,

toilets and sinks;

(v)

provide clean bed linen, utensils and articles for personal hygiene of

the patients;

(vi)

provide fresh, nutritious and adequate meals to the admitted patients;

(vii) have adequate recreational facilities for the patients;

(viii) reception, enquiry, registration counter, waiting space with seating

arrangements at least for five persons;

(ix)

cubicle room for providing individual counseling, group therapy and

family counseling;

(x)

space to store records of patients to ensure confidentiality and a system

of easy retrieval;

(xi)

related educational material such as posters to be prominently displayed

at strategic points in the Centres;

(xii) Pamphlets, hand bills and other educational materials in vernacular

shall be made freely available for the public;

(xiii) no centre shall keep the patients in basement; and

(xiv) shall have a prominent board/signage displaying the name of the facility

in local language at the gate or on the building of the Centre.

(2)

In each Centre with indoor facility which falls in category (I),(III) and (IV)

of rule 14 mentioned above, the name of the doctors (with registration number), fee

structure, timings and the services provided at the Centre, shall be well displayed in the

language understood by the local public in the area.

(3)

A Substance Use Disorder Counselling and Rehabilitation Centre, (i.e

Category (IV) shall have minimum area of at least 500 Sq. yards, to provide indoor

residential and outdoor recreational activities. Provision of library, gym, outdoor and

indoor games, newspaper and modes of communication with the family, for the admitted

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patients in the Centres, shall be made available to the patients. The District Level Committee shall

ensure compliance of the above conditions before recommending for license to a Centre.

CENTRES WITH OUTPATIENT FACILITY ONLY

(4)

Each Centre with Outpatient facility only i.e which falls in category (II) as

mentioned in rule 14 above: -

(i)

shall be developed and maintained to provide safe and secure environment

for patients, their families, staff and visitors;

(ii)

shall have a prominent board or signage displaying the name of the Centre

in local language, the name of the doctors with their registration number, fee

structure of the Centre, timings and the services provided within the Centre,

in the language understood by the local public in the area, on the said board;

(iii)

shall have adequate lighting and ventilation, shall take all precautions to

control infections like practicing hand hygiene, shall follow Biomedical waste

management rules; and

(iv)

shall have, -

(a)

the Doctor Rooms of not less than 100 Square feet;

(b)

dispensing room with sufficient storage capacity;

(c)

rooms for counselling of the patients (in case a separate counsellor

is recruited for counselling);

(d)

waiting area with provision of drinking water and rest room for

OPD more than 50 per day;

(e)

adequate space for storage of equipment and medicines as per

manufacturer’s guidelines;

(f)

Provision of 2 beds is must to handle the emergency cases.

MEDICAL STANDARDS

(i)

Any Centre shall not compel any patient, to undergo detoxification treatment

without explaining him the range of treatment options available to him including

substitution, maintenance therapy, psychosocial interventions, for de-

addiction;

(ii)

Each Centre shall follow the treatment protocol with established and evidence

based medical practice and guidelines published by the World Health

Organization (WHO), Government of India, and the Indian Psychiatric

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Society (IPS), including the harm minimization practices advocated from

time to time;

(iii)

Each Centre with indoor facility shall have the duly qualified nursing and

other staff as per their job requirement which is competent to handle the

work assigned to them. The Core Staff (doctors and nurses), shall have

received the training in Substance Use Disorder treatment from a recognized

institution;

(iv)

Each Centre which falls in category (I), (II) and (III) as mentioned in rule

14 above shall have a duly qualified Psychiatrist as officer in-charge of a

Centre. In case of a substance use disorder counseling and Rehabilitation

Centre i.e category (IV) mentioned above, the presence of an MBBS doctor,

not less than four hours in a day, is must;

(v)

Each Centre shall display the arrangements on the notice board, for providing

support and emergency services to the patients, if needed;

(vi)

Each Centre shall ensure adequate transport facility or ambulance for patients;

(vii) Each Centre which falls in category (I), (III) and (IV) as mentioned in rule

1 above shall ensure round the clock medical nursing care of indoor patients;

and

(viii) Each Centre shall have adequate medicines available required for treatment

of physical and psychiatric co-morbidities.

STAFF NORMS

(1)

Each Centre which falls in category (I) as mentioned above:

(i)

shall have one full time Psychiatrist;

(ii)

Shall have the Social Workers or Counsellors (with counsellor-patient ratio

of 1:10), who are M.Phil. or M.A. in Psychology, Sociology or Social Work,

preferably having training in Substance Use Disorder Treatment from a

recognized institution;

(iii)

shall have staff nurses (nurse-patient ratio of 1:20), for round the clock

services, who are B.Sc. or Diploma in Nursing with training in Substance

Use Disorder Treatment, from a recognized institution;

(iv)

shall have Ward Attendants for round the clock services (Ward Attendant-

patient ratio 1:20 ratio), who have passed 10+2 examination from a recognized

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Board or institution, as the case may be, with orientation to handle Substance

Use Disorder patients at the Centre;

(v)

shall have adequate Safai Karamcharis for round the clock cleanliness;

(vi)

shall have adequate Cook-cum-Helper or regular arrangement for fresh

nutritious food from outside;

(vii) shall have adequate Peer educator (Optional ); and

(viii) Shall have adequate security guards for round the clock duty.

(2)

Each Centre which falls in category (III) and (IV) as mentioned above shall have

additional staff in addition to that mentioned in (1) above:

(i)

One Project Director with graduation in any stream.

(ii)

One MBBS doctor for at least 4 hours a day.

(3)

Centres with Outpatient facility only i.e which fall under category (II) as mentioned

above, shall have :

(i)

Full time psychiatrist -1

(ii)

Counselor-1 (Counseling service is mandatory. In case counseling is done

by the psychiatrist himself/herself, this should be submitted at the time of

application with self declaration). If daily OPD is more than 50 a separate

counselor should be recruited.

(iii)

Sweeper/ security/ helper/Staff nurse/Pharmacist may be recruited as per

requirement.

SUPPORT SERVICES

(1)

Each centre which falls in category (I),(III) and (IV) as mentioned above, shall

provide the following support services, namely: -

(i)

Emergency Medical Care;

(ii)

Recreational/ rehabilitation facilities and outdoor activities;

(iii)

Regular daily outpatient service;

(iv)

Referral linkage for specialist medical services, laboratory services, HIV/

AIDS centres, RNTCP centres; and

(v)

Adequate transport facilities for patients for the purpose of linkage activities

and Emergency Medical Care.

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(2)

Centres with outpatient facility only ie. which fall under category (II) as mentioned

above shall have a referral linkage with a nearby health facility for providing Emergency

and other support services and an undertaking in this regard shall be given at the time of

submission of application for grant of license.

RECORD MAINTENANCE AND DISSEMINATION

(i)

Every Centre shall maintain personal and treatment record of all the patients.

(ii)

Every Centre shall enter data online on the portal of Government at

www.pddrc.in, failing which license shall be immediately suspended and

doctor shall be debarred from practice for a period as prescribed by

Government;

(iii)

Every Centre shall maintain the confidentiality of the patients and show

patient’s records only to the authorized persons, on request, with the

permission of Officer-in-charge of the Centre;

(iv)

Every Centre shall maintain medical records of patients as per provisions of

Indian Medical Council Regulations 2002;

(v)

Every Centre shall maintain record of each purchase of the Opioid Drugs in

the Central Consumable Stock Register (Separate Register or Pages for

each medicine); and

(vi)

Every Centre shall maintain a separate page in a Register for each patient.

TREATMENT PROTOCOL

Every Centre shall follow the treatment guidelines or any other instructions

issued by the Department of Health and Family Welfare, Punjab.

MONITORING EVALUATION

(i)

Every centre shall make available the data of the Centre for inspection in

case of any complaints;

(ii)

Every centre shall ensure that the manufacturer who supplies any medicine

to the Centre gets the batch being supplied, tested from the State Food and

Drug Testing Laboratory, Kharar, S.A.S. Nagar; and should not dispense

any batch of medicine which has not been tested.

(iii)

Every centre shall comply any other instructions in this regard as and when

issued by the Government.

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ANNUAL REPORT

Every Centre shall submit the Annual Report to the State Mental Health Authority

constituted under the Mental Health Care Act, 2017, for the duration between 1st January

to 31st December of every year. Such report must be submitted by 31st January in a

format as prescribed by the Punjab State Mental Health Authority.

In the said rules, after rule 15, the following rule shall be inserted, namely: -

“16. Power to regulate and monitor the treatment charges and prices of the

drugs dispensed in the De-addiction Centres, and Centres with Outpatient facilities. -

The State Government may regulate and monitor the treatment charges and prices of the

drugs dispensed in the De-addiction Centres and Outpatient facilities for providing the

necessary treatment and may segregate prescription and dispensing units in larger public

interest if required. State Government shall issue relevant guidelines as per the revisions in

its policy.”

in the said rules, for Forms I, II and III, the following Forms shall be substituted,

namely: -

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“FORM - I

{(See rule 10(1) (11) and 12)}

APPLICATION FOR REGISTRATION/LICENSE

Director Health and Family Welfare,

Punjab, Chandigarh.

Sir,

Subject:

Application for Registration/ License of

(a)

Establishment/ maintenance of Substance Use Disorder Treatment

Centre (Indoor Facility), at_________.

(b)

Establishment/Maintenance of Substance Use Disorder Treatment

Centre integrated facility (de-addiction and rehabilitation):___________

(c)

Establishment/ maintenance of Substance Use Disorder Treatment

Centre: Outpatient facility, at_________.

(d)

Establishment/ maintenance of Substance Use Disorder Counseling

and rehabilitation Centre, at___________.

I request you to issue me Registration/License for the period of _______ for

the above said institution/s. I am providing the facilities as prescribed by the Act and the

rules framed there under. I have attached herewith a Demand Draft for _________/-

bearing No………. Dated…….

I hereby give an undertaking to the effect that I shall protect the human

rights of the admitted patients and shall not engage in the activities adversely affecting the

patients such as solitary confinement, forced labour, punishment, beating, psychological

torture, chaining or locked up. The patient's liberty shall be protected at all time. I shall

allow private interaction with family and provide communication to the patients under

supervision of the authorized person of the centre. I will ensure confidentially of medical

and counseling records of the patient, except from the caregivers and under judicial orders.

Thanking you

Yours faithfully,

Signatures________

Place _____________

Dated: ____________

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(BHDR 20, 1942 SAKA)

FORM II

{(See rule 10(9)}

APPLICATION FOR RENEWAL OF REGISTRATION

Director, Health and Family Welfare

Punjab, Chandigarh.

Sir,

Subject:

Renewal of Registration/ License No. ____________ dated ______of

(a)

Establishment/ maintenance of Substance Use Disorder Treatment

Centre (Indoor Facility), at_________.

(b)

Establishment/ maintenance of Substance Use Disorder Treatment

Centre Integrated facility (deaddiction and rehabilitation):____________

(c)

Establishment/ maintenance of Substance Use Disorder Treatment

Centre: Outpatient facility, at_________.

(d) Establishment/ maintenance of Substance Use Disorder Counseling and

rehabilitation Centre, at___________.

I request you to renew my Registration/License No. ________ dated the

_______ for the next three years from ________ to __________, for the above said

institution/s. I am providing the facilities as prescribed by the Act and the rules framed

there under. I have attached herewith a Demand Draft for Rs. _________ bearing No.

_______ dated ________

Thanking you

Yours faithfully,

Signatures_________

Place: ______

Dated: _____

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FORM III

{See rule 10(4), (11) and (12)}

REGISTRATION CERTIFICATE

We, __________________, being the Licensing Authority under Narcotic Drugs

and Psychotropic Substance Act, 1985 (Central Act No. 61 of 1985), after satisfying the

requirement of the Substance Use Disorder Treatment Centre indoor facility/ Integrated

center/ Outpatient facility , hereby grant the Registration certificate/ licensee for the

(a)

Establishment/ maintenance of Substance Use Disorder Treatment Centre

(Indoor Facility), at_________.

(b)

Establishment/ maintenance of Substance Use Disorder Treatment Centre

integrated facility (deaddiction and rehabilitation):_______________

(c)

Establishment/ maintenance of Substance Use Disorder Treatment Centre:

Outpatient facility, at_________.

(d)

Establishment/ maintenance of Substance Use Disorder Counseling and

rehabilitation Centre, at___________.

The Registration Certificate/ License shall be valid for a period of three years,

commencing from ___________ and ending with _______________. The registration

shall be subject to the conditions laid down in the Section 71 of the Narcotic Drugs and

Psychotropic Substance Act 1985 and the rules made there under.

Licensing Authority

Director, Social Security,

Director,

Women and Child Welfare

Health and Family Welfare,

Punjab.

Place: __________

Date: ____________

HUSSAN LAL,

Principal Secretary to Government of Punjab,

Department of Health and Family Welfare.

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