Narcotics Act (NarcA)

By Steph2
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In The Matter OfNarcotics Act (NarcA)
Exhibit A
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Inserted by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Prevention

Art. 3b Division of tasks between Confederation and cantons

1 The cantons shall promote education and advice on the prevention of disorders associated with addiction and their negative health-related and social consequences. In doing so, they shall pay special attention to the protection of children and adolescents. They shall introduce adequate general conditions and create the required facilities or support private institutions that meet the quality requirements. 2 The Confederation shall conduct national programmes on prevention and in particular encourage the early recognition of disorders associated with addiction; in doing so, it shall prioritise the concerns relating to the protection of children and adolescents. It shall raise public awareness of the problems of addiction.

Art. 3c Power to report

1 Public offices and specialists in the education, social work, health, justice and police sectors may report cases of existent or anticipated disorders associated with addiction, in particular in cases involving children and adolescents, to the relevant treatment or social assistance agencies, if: a. they have identified the same in the course of their official or professional activities; b. the persons concerned, their dependants or the general public are placed at risk; and c. they regard a supervision measure as appropriate. 2 If a report relates to a child or an adolescent under 18, his or her legal representative must also be informed, unless there is good cause for not doing so. 3 The cantons shall designate professionally qualified public or private treatment or social assistance agencies that are responsible for supervising reported persons, in particular children or adolescents at risk. 4 The staff of the relevant treatment or social assistance agencies are subject to officia

Para. 4 — SR 311.0 Para. 4 — Corrected by the Drafting Committee on 20 Feb. 2013, published on 4 April 2013 (AS 2013 973).

Section 2 Therapy and Reintegration

Art. 3d Supervision and treatment

1 The cantons shall ensure the supervision of persons with disorders associated with addiction who require the medical or psycho-social treatment or welfare measures. 2 The treatment is carried out with the aim of guaranteeing the therapeutic and social integration von persons with disorders associated with addiction, improving their physical and psychological health and creating conditions in which they can live a drug-free life. 3 The cantons shall also support the professional and social reintegration of such persons. 4 They shall create the facilities required for treatment and the reintegration or support private institutions that meet the quality requirements. 5 The Federal Council shall issue recommendations on the principles for funding addiction therapies and reintegration measures.

Art. 3e Narcotics-based treatment

1 A licence is required for prescribing, dispensing and administering narcotics in order to treat persons dependent on narcotics. The licence is issued by the cantons. 2 The Federal Council may lay down general conditions. 3 Heroin-based treatment requires a federal licence. The Federal Council shall issue special provisions. It shall in particular ensure that: a. heroin is only prescribed to persons dependent on narcotics who have failed to respond to other forms of treatment or whose state of health precludes other forms of treatment; b. heroin is only prescribed by specialist physicians in appropriate facilities; c. the conduct of and progress with heroin-based treatment is reviewed periodically.

Art. 3e — In force since 1 Jan. 2010 (AS 2009 2623).

Art. 3f

Repealed by No I of the FA of 19 March 2021, with effect from 1 Aug. 2022 (AS 2022 385; BBl 2020 6069).

Section 3 Harm Reduction and Survival Support

Art. 3g Duties of the cantons

In order to prevent or reduce health-related and social harm among persons with disorders associated with addiction, the cantons shall introduce harm reduction and survival support measures. They shall create the required facilities or support private institutions that meet the quality requirements.

Art. 3h Risk to traffic

If an official agency fears that a person poses a risk to road, shipping or civil aviation traffic due to a disorder associated with addiction, it must notify the competent authority.

Section 4 Coordination, Research, Training and Qua

Art. 3i Services provided by the Confederation

1 The Confederation shall support the cantons and private organisations in relation to prevention, therapy and harm reduction by providing services; it shall support them in particular: a. with coordination, including planning and managing the service offered; b. with the implementation of quality measures and proven intervention models. 2 It shall inform them of new scientific findings. 3 It may take its own additional measures to reduce addiction problems or entrust their implementation to private organisations.

Art. 3j Promotion of research

The Confederation may in terms of the Federal Research Act of 7 October 1983 support scientific research in the following fields in particular: a. the mode of action of substances that induce addiction; b. the causes and effects of disorders associated with addiction; c. preventive and therapeutic measures; d. the prevention or reduction of disorders associated with addiction; e. the effectiveness of reintegration measures.

[AS 1984 28; 1992 1027 Art. 19; 1993 901 Annex No 4; 2080 Annex No 9; 1996 99; 2000 1858; 2003 4265; 2004 4261; 2006 2197 Annex No 39; 2008 433; 2010 651; 2011 4497 No I 1; 2012 3655 No I 13; 2013 2639. AS 2013 4425 Art. 57 para. 1]. See now the FA of 14 Dec. 2012 on the Promotion of Research and Innovation (SR 420.1).

Art. 3k Basic and advanced training

The Confederation shall support basic and advanced training in the fields of prevention, therapy and reintegration, and in harm reduction and survival support.

Art. 3l Recommendations on quality assurance

In consultation with the cantons, the Confederation shall develop recommendations on quality assurance in the fields of the prevention, therapy and reintegration, and of harm reduction and survival support.