Alcoholics and Drug-dependent Persons Regulations 2002

i Alcoholics and Drug-dependent Persons Regulations 2002 S.R. No. 7/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 1 5. Certificate under section 11(1) 2 6. Certificate under section 12(1) 2 7. Certificate under section 15(2) 2 __________________ SCHEDULES 3 SCHEDULE 1—Certificate of Registered Medical Practitioner 3 SCHEDULE 2—Certificate of Registered Medical Practitioner that a Person in an Assessment Centre is *an Alcoholic/*a Drug-dependent Person 5 SCHEDULE 3—Certificate by a Medical Officer in charge of a Treatment Centre to a Special Magistrate 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2002 S.R. No. 7/2002 Alcoholics and Drug-dependent Persons Act 1968 Alcoholics and Drug-dependent Persons Regulations 2002 The Governor in Council makes the following Regulations: Dated: 30 January 2002 Responsible Minister: JOHN THWAITES Minister for Health HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe certain forms for the purposes of the Alcoholics and Drug-dependent Persons Act 1968. 2. Authorising provision These Regulations are made under section 31 of the Alcoholics and Drug-dependent Persons Act 1968. 3. Commencement These Regulations come into operation on 1 February 2002. 4. Revocation The Alcoholics and Drug-dependent Persons Regulations 1992 1 are revoked. -- 2 of 9 -- S.R. No. 7/2002 Alcoholics and Drug-dependent Persons Regulations 2002 2 5. Certificate under section 11(1) For the purposes of section 11(1) of the Alcoholics and Drug-dependent Persons Act 1968, the prescribed form of the certificate is set out in Schedule 1. 6. Certificate under section 12(1) For the purposes of section 12(1) of the Alcoholics and Drug-dependent Persons Act 1968, the prescribed form of the certificate is set out in Schedule 2. 7. Certificate under section 15(2) For the purpose of section 15(2) of the Alcoholics and Drug-dependent Persons Act 1968, the prescribed form of the certificate is set out in Schedule 3. __________________ r. 5 -- 3 of 9 -- S.R. No. 7/2002 Alcoholics and Drug-dependent Persons Regulations 2002 3 SCHEDULES SCHEDULE 1 Regulation 5 Alcoholics and Drug-dependent Persons Regulations 2002 CERTIFICATE OF REGISTERED MEDICAL PRACTITIONER Within the last 48 hours, I, , (print full name) being a registered medical practitioner, have personally examined, (full name of person and address) on . (state date and time of examination) My opinion, formed from this examination and separately from advice of any other practitioner, is that *he/*she appears to be *an alcoholic/*a drug- dependent person within the meaning of the Alcoholics and Drug- dependent Persons Act 1968. The grounds of my opinion are: Signed Address Qualifications Date * Delete as necessary (See reverse side for restrictions on who may sign this certificate and information concerning its content) Sch. 1 -- 4 of 9 -- S.R. No. 7/2002 Alcoholics and Drug-dependent Persons Regulations 2002 4 (reverse side of Schedule 1) 1. The certificate must— (a) specify the facts upon which the registered medical practitioner has formed his or her opinion that the person to whom the certificate relates is an alcoholic or drug-dependent person (as the case requires); and (b) distinguish facts the registered medical practitioner has personally observed from facts communicated to him or her by others. 2. The registered medical practitioner must not be— (a) a relative or guardian of the person examined; or (b) the person by whom complaint is made under the Alcoholics and Drug-dependent Persons Act 1968; or (c) in the case of admission to a private treatment centre, the licensee of, the resident registered medical practitioner of, or a registered medical practitioner regularly visiting, the centre; or (d) a partner, principal, assistant, or relative, of the licensee of a private treatment centre; or (e) a partner, principal, assistant, or relative, of any other registered medical practitioner signing the certificate or other authority or request to admit the person examined. It is an offence under the Alcoholics and Drug-dependent Persons Act 1968 to sign the certificate if you are in one of these categories. 3. A registered medical practitioner and any other person who falsely states or certifies anything in a certificate is guilty of an indictable offence. __________________ Sch. 1 -- 5 of 9 -- S.R. No. 7/2002 Alcoholics and Drug-dependent Persons Regulations 2002 5 SCHEDULE 2 Regulation 6 Alcoholics and Drug-dependent Persons Regulations 2002 CERTIFICATE OF REGISTERED MEDICAL PRACTITIONER THAT A PERSON IN AN ASSESSMENT CENTRE IS *AN ALCOHOLIC/*A DRUG-DEPENDENT PERSON I, , being a registered medical practitioner, (print full name) have personally examined, (full name of person) on at the Assessment Centre (insert date) (insert name) and certify that *he/*she appears to be *an alcoholic/*a drug-dependent person within the meaning of the Alcoholics and Drug-dependent Persons Act 1968. The grounds of my opinion, formed from this examination and separately from advice of any other medical practitioner, are: Signed Address Qualifications Date * Delete as necessary (See reverse side for restrictions on who may sign this certificate and information concerning its content) Sch. 2 -- 6 of 9 -- S.R. No. 7/2002 Alcoholics and Drug-dependent Persons Regulations 2002 6 (reverse side of Schedule 2) 1. The certificate must— (a) specify the facts upon which the registered medical practitioner has formed his or her opinion that the person to whom the certificate relates is an alcoholic or drug-dependent person (as the case requires); and (b) distinguish facts the registered medical practitioner has personally observed from facts communicated to him or her by others. 2. The registered medical practitioner must not be— (a) a relative or guardian of the person examined; or (b) the person by whom complaint is made under the Alcoholics and Drug-dependent Persons Act 1968; or (c) in the case of admission to a private treatment centre, the licensee of, the resident registered medical practitioner of, or a registered medical practitioner regularly visiting, the centre; or (d) a partner, principal, assistant, or relative, of the licensee of a private treatment centre; or (e) a partner, principal, assistant, or relative, of any other registered medical practitioner signing the certificate or other authority or request to admit the person examined. It is an offence under the Alcoholics and Drug-dependent Persons Act 1968 to sign the certificate if you are in one of these categories. 3. A registered medical practitioner and any other person who falsely states or certifies anything in a certificate is guilty of an indictable offence. __________________ Sch. 2 -- 7 of 9 -- S.R. No. 7/2002 Alcoholics and Drug-dependent Persons Regulations 2002 7 SCHEDULE 3 Regulation 7 Alcoholics and Drug-dependent Persons Regulations 2002 CERTIFICATE BY A MEDICAL OFFICER IN CHARGE OF A TREATMENT CENTRE TO A SPECIAL MAGISTRATE To (print name) Special Magistrate 1. I, am the medical officer (print name of medical officer in charge) in charge of . (print name of the treatment centre) 2. I certify that I have examined , (print patient's name in full) a patient at the centre and report that— (Include report on the mental and physical condition of the patient here) 3. I include a copy of the patient's request under section 15 of the Alcoholics and Drug-dependent Persons Act 1968. Signed: Medical Officer in Charge Date: ═══════════════ Sch. 3 -- 8 of 9 -- S.R. No. 7/2002 Alcoholics and Drug-dependent Persons Regulations 2002 8 ENDNOTES 1 Reg. 4: S.R. No. 110/1992. Endnotes -- 9 of 9 --