English Translation of Colombia Law No. 1566

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July 31, 2012

English Translation

LAW No. 1566

"BY WHICH STANDARDS TO GUARANTEE COMPREHENSIVE CARE FOR PERSONS WHO CONSUME PYSCHOACTIVE SUBSTANCES ARE ESTABLISHED AND THE CREATION OF A NATIONAL PRIZE “ENTITY COMMITTED TO THE PREVENTION OF CONSUMPTION, ABUSE, AND ADDICTION TO PSYCHOACTIVE SUBSTANCES."

The Congress of Colombia

DECREES:

ARTICLE 1°. RECOGNITION. Recognize that the consumption, abuse, and addiction to psychoactive substances, legal or illegal, is an issue of public health and wellbeing of the family, the community, and the individuals. Therefore, abuse and addiction must be treated as an illness that requires comprehensive care on the part of the State, conforming to current regulations and the National Public Policies on Mental Health and for the Reduction of Consumption of Psychoactive Substances and their Impact, adopted by the Ministry of Health and Social Protection.

ARTICLE 2°. COMPREHENSIVE CARE. Any person suffering mental disorders or any other pathology derived from the consumption, abuse, and addiction to legal or illegal psychoactive substances has the right to receive comprehensive care from the Entities that comprise the General System of Social Security in Health and the public or private institutions specialized in the treatment of said disorders.

PARAGRAPH 1°. The Committee on Health Regulation will incorporate, in benefit plans and subsidized contribution, any interventions, clinical care and therapeutic assistance, and medicine and activities that guarantee comprehensive and integrated attention for people with mental disorders or any other pathology deriving from the consumption, abuse, and addiction to legal or illegal psychoactive substances, that allow for full psychosocial rehabilitation and recovery of health.

The first upgrade in the Benefit Plan in relation to what has been established in this law must be put into effect within a period of twelve (12) months starting from the enactment of this law.

PARAGRAPH 2°. The National Government and the local authorities will ensure that the respective budgetary forecasts allow for the access to the services stated in this article in a progressive manner, giving priority to minors and to more vulnerable communities. In 2016, access must be guaranteed for all people mentioned in the first paragraph of this article.

PARAGRAPH 3°. Resources can be used from the Fund for Rehabilitation, Social Investment, and the Fight against Organized Crime – FRISCO – for the strengthening of programs on prevention, mitigation, improvement, and institutional development, established in the framework of the National Policy on the reduction of consumption of narcotic or psychotropic substances and their impact.

PARAGRAPH 4°. For the purpose of updating the Health Benefit Plans, the Committee on Health Regulation – CRES – must take into account the interventions, clinical care and therapeutic assistance, and medicines for the comprehensive care for people with mental disorders or any other pathology deriving from the consumption, abuse, and addiction to legal and illegal psychoactive substances, that allow for full psychosocial rehabilitation and recovery of health.

ARTICLE 3° • SERVICES FOR COMPREHENSIVE CARE FOR CONSUMERS OF PSYCHOACTIVE SUBSTANCES. Care for people who consume, abuse, or are addicted to the psychoactive substances referred to in article 1° of this law will be realized through authorized health services in health provider institutions (IPS) of low, medium, and high complexity, as well as the services for comprehensive care for consumers of psychoactive substances, duly authorized.

These services can be provided through any of the care measures established by the Ministry of Health and Social Protection, which include: friendly services for adolescents and youth, both public and private; mental health units of low, medium, and high complexity; centers for community care; basic equipment for primary health care, among other measures formulated by the Ministry of Health and Social Protection.

PARAGRAPH. The institutions offering care programs for consumers of psychoactive substances indicated in article 1° of this law, whatever their legal or social purpose, must comply with the conditions established in relation to the respective services offered.

ARTICLE 4°. INFORMED CONSENT. The process of comprehensive care will require that the service offering comprehensive care to the consumer of psychoactive substances or the services for drug dependence must inform the person about the type of treatment offered by the institution, including the risks and benefits of this type of care, the alternatives and other treatments, the effectiveness of the treatment offered, the duration of the treatment, the restrictions established during the care process, the rights of the patient and any other information relevant for the person, their family or their social or institutional support network. The person may revoke their consent at any moment.

PARAGRAPH. The Ministry of Health and Social Protection will regulate the material within a period of twelve (12) months starting from the enactment of this law.

ARTICLE 5°. SANCTIONS. The Addiction Care Centers (CAD) and Drug Dependence Services and other institutions that provide comprehensive care services to people who consume, abuse, or are addicted to psychoactive substances that do not comply with the authorizing and auditing conditions will face sanctions established by the National Health Authority for this purpose.

ARTICLE 6°. HEALTH PROMOTION AND CONSUMPTION PREVENTION. In the framework of the National Public Policy on Prevention and Care for addiction to psychoactive substances, the National Government will formulate policy guidelines, strategies, programs, actions, and comprehensive procedures to prevent the consumption, abuse, and addiction to the substances mentioned in article 1° of this law, which ensures a healthy environment and lifestyle, promoting and fomenting the development of programs on prevention, treatment and control of consumption, abuse, and addiction to legal or illegal psychoactive substances within the place of work, which will be implemented by the Professional Risk Managers.

The Administering Entities for Benefit Plans and the local authorities must comply with the obligation to develop promotion actions and prevention of consumption, abuse, and addiction to psychoactive substances, within the framework of the National Public Health Plan, the Ten-Year Public Health Plan, Local Health Plans, and the Collective Intervention Plan, and other public policies outlined in this law.

For their construction and implementation, these promotion and prevention actions require the active participation of all production, education, and community sectors in their respective local areas.

ARTICLE 7°. INSTITUTIONAL PREVENTION PROJECT. In accordance with the provisions of the preceding article, the Professional Risk Managers, through occupational health programs, will implement the institutional prevention project in the workplace on the consumption, abuse, and addiction to the substances mentioned in article 10 of this law.

They will also support the implementation of programs, projects, and actions on the prevention of misuse of these substances, by providing information, education, and training at all levels, in line with the guidelines established by the Ministry of Health and Social Protection.

ARTICLE 8°. NATIONAL PRIZE. The creation of the National Prize: “Entity Committed to the Prevention of Consumption, Abuse, and Addiction to Psychoactive Substances”, which will be awarded annually by the Ministry of Health and Social Protection.

The prize is a non-pecuniary recognition, framed in the concept of best practice, which foments processes of innovation, creation, and adaptation for the better development of practices on addiction prevention, taking into account compliance with current standards and guidelines on the treatment of questions relating to alcohol and drugs within the International Working Organization and the National Public Policies on Mental Health and for the Reduction of Consumption of Psychoactive Substances and their Impact, adopted by the Ministry of Health and Social Protection.

ARTICLE 9°. TECHNICAL TRAINING PROGRAMS AND TECHNOLOGY. The  National Apprenticeship Service – SENA- will design, promote, and execute technical training programs and comprehensive professional technology training to care for people with problems of consumption, abuse, and addiction to psychoactive substances.

The National Apprenticeship Service – SENA – in coordination with the Ministry of Health and Social Protection will establish the requirements and professional profiles for health experts that will undertake the activities, such as auxiliary nurses, Public Health auxiliaries, among others.

ARTICLE 10°. SPECIALIZED BODY. The Ministry of Health and Social Protection will be the body responsible for tracking and evaluating the impact of the Public Policy on Mental Health and the Policy of Reduction of Consumption of psychoactive substances and their impact, as well as the trainings, the criteria, and the quality standards of the health service provider institutions, both public or private, at a national and local level, that offer comprehensive care services to consumers of psychoactive substances and treatments, with the aim of guaranteeing the integrality, quality standards, and respect for the dignity and Human Rights of the persons receiving care.

This body will be composed of an interdisciplinary team with professional experts in provision of services for mental health and the reduction of psychoactive substances.

ARTICLE 11°. VIGILANCE. The Attorney General’s Office of the Nation will supervise the implementation of this law and will submit an annual report on compliance to the Seventh Constitutional Committees of the Congress of the Republic. 

ARTICLE 12°. TERM AND REPEAL. This law is effective as of its enactment and repeals all rules that are in contrary.

 

Signed

THE PRESIDENT OF THE H. SENATE OF THE REPUBLIC Juan Manuel CORZO ROMÁN

THE SECRETARY GENERAL OF THE H. SENATE OF THE REPUBLIC Emilion Ramon OTERO DAJUD

THE PRESIDENT OF THE H. HOUSE OF REPRESENTATIVES Simon GAVIRIA MUNOZ

THE SECRETARY GENERAL OF THE H. HOUSE OF REPRESENTATIVES Jesus Alfonso RODRIGUEZ CAMARGO

 

"BY WHICH STANDARDS TO GUARANTEE COMPREHENSIVE ATTENTION FOR PERSONS WHO CONSUME PYSCHOACTIVE SUBSTANCES ARE ESTABLISHED AND THE CREATION OF A NATIONAL PRIZE: “ENTITY COMMITTED TO THE PREVENTION OF CONSUMPTION, ABUSE, AND ADDICTION TO PSYCHOACTIVE SUBSTANCES."

REPUBLIC OF COLOMBIA – NATIONAL GOVERNMENT

Bogotá, D.C.

THE MINISTER OF FINANCE AND THE TREASURY JUAN CARLOS ECHEVERRY GARZON

THE MINISTER OF HEALTH AND SOCIAL PROTECTION BEATRIZ LONDONO SOTO

 

View the law in Spanish. [PDF]

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