Any drug addict who seeks help from our drug rehabilitation center undergoes anonymous treatment. That is, he is not included in the database of dependents. And in state dispensaries, if therapy is provided free of charge, drug registration is mandatory.

Registration means that you will have to come to the narcologist for a certain period of time according to the schedule. The doctor examines you, asks questions (sometimes quite personal), and takes express tests.

Observation happens:

1. Preventative. Lasts a year. Those who do not have a diagnosis of “drug addiction” or “alcohol addiction” are put on professional registration. Such patients were caught using only once. For example, when a car is stopped by State Traffic Inspectorate employees.
2. Dispensary. Lasts three years. Prescribed when there is a medical diagnosis. Previously, the terms for alcohol and drug addicts differed. For drug addiction, you had to go to the doctor for five years, but now the terms have been equalized.

There are situations when a person does not even know that he is included in the register. This information pops up unexpectedly during a medical examination for work or obtaining/renewing a driver's license. This happens when people end up in a drug dispensary just once, for example, to “get drunk” after a binge. Some don’t remember how the events unfolded or what they signed. And then you have to pay.

Consequences

A person registered with a professional or dispensary register is prohibited from:

• drive any transport: motorcycles, cars, buses, trains, airplanes, etc.;
• own a weapon;
• to serve in the military;
• work in security, be a firefighter, or perform any other job that requires a certificate from a narcologist.

Sometimes exceptions are made. This is determined by the medical commission.

When doctors conclude that the condition has improved and a three- or five-year period has passed, then all restrictions will be lifted.

Important information about registration in a drug treatment clinic!

1. Has the right to enter data into the register only narcologist. Neither a therapist, nor even more so an employee of the State Traffic Inspectorate can do this. Written consent of the patient is required. If you did not sign the consent, then you can refute the drug registration in court.
2. Anyone has the right refuse drug registration. This opportunity is not available only to those who, at the time of admission to the dispensary, were in an insane state (for example, they had “delirium tremens”). However, upon refusal, everything legal restrictions will remain. That is, you will not be required to go for regular examinations, but you still will not be able to drive, work as an electrician, be in the military, etc. The prohibitions will disappear in one single case - if you agree, regularly visit the doctor and eventually receive a document that you are exempt from observations “with improvement”.
3. If the registration is completed not because of improvement, but because of non-attendance or for another reason, then social and legal restrictions are not lifted. You will have to renew registration and be observed for one or three years. Or prove to the medical board that you are “clean” during this time: take certificates from the enterprise, assurances from neighbors, etc. Auto-removal or there is no statute of limitations.
4. Information about the patient is entered into the register at the registration address. When a person moves, the data is redirected. You won't be able to escape!

It’s easier to avoid registration at a drug treatment clinic than to deal with the consequences later. Therefore, we recommend that you seek help anonymously at our 12 Steps center, and then no one will ever know about your problem! Call!

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Grounds and procedure for registering as a drug addict

Drug registration without the consent of a citizen is illegal. No one has the right to force a patient to register.

A completely illegal situation has developed and continues to exist in this area. On the one hand, from the current norms of federal laws it follows that registration without the knowledge and consent of the citizen is inadmissible. On the other hand, at the level of by-laws of the Ministry of Health, the dubious regulation of involuntary registration, adopted back in the USSR, continues to be applied. Similar inconsistencies in real life create fertile ground for manipulation of norms by unscrupulous representatives of law enforcement agencies and medical services, which leads to significant violations of the rights of citizens.

The main act on which the entire structure of narcological registration is based remains the joint order of the Ministry of Internal Affairs and the Ministry of Health of the USSR dated May 20, 1988 No. 402/109 “On approval of the Instructions on the procedure for identifying and recording persons who allow non-medical consumption of narcotic or other drugs leading to stupefying, registration and referral for compulsory treatment of drug addicts.”

There are, however, serious doubts whether this document is valid, since one of the parties that adopted this interdepartmental act officially abandoned it: it was declared invalid on the territory of the Russian Federation by order of the Ministry of Internal Affairs of Russia dated June 30, 2003 No. 492 “On the non-application of regulatory legal acts of the USSR Ministry of Defense and Internal Affairs, the USSR Ministry of Internal Affairs." But the leadership of Russian narcology, having no other regulatory basis, prefers, apparently, to believe that the joint order has lost force for the internal affairs bodies, but not for the health care system, because supposedly remains a valid regulatory legal act of the Ministry of Health.

We cannot agree with this, because... The “semi-cancelled” order of 1988 mainly regulates issues of dual subordination, primarily the interaction of internal affairs bodies and health authorities, which makes the unilateral action of this act impossible.

However, the police (disregarding their own departmental order of 2003) behaves as if the canceled act is in effect, and the drug control authorities (which, of course, are not mentioned in the 1988 order) in their activities refer to the “dead” order of Soviet times. And even on the ConsultantPlus portal, the reference to order No. 402/109 does not say anything about its cancellation by one of the parties.

The Instruction approved by this order obliges to register everyone who has been diagnosed with dependence on psychoactive substances, as well as those who have come to the attention of the authorities as using (or even having once used) “narcotics or other drugs leading to intoxication.” The instructions provide:

Referral for medical examination of “citizens who are in a state of non-alcoholic intoxication” based on:

1) their identification by the police;
2) messages from any medical institutions, including ambulance services;
3) materials from proceedings on administrative offenses;
4) information from medical sobering stations;
5) information from investigative authorities;
6) information from employers regarding employees;
7) information from neighbors regarding neighbors;
8) information from the media.

“If such persons are brought directly to medical institution employees of the latter will examine them without a referral,” the results of which are immediately notified to the police authority at the place of detection;

. “immediate” registration of accounting documents by the internal affairs body (upon receipt of information about an identified consumer). For persons diagnosed with drug addiction, the police issue a “watch card”; for others, a “list registration” card;
. filling out a “dispensary observation control card” by a narcological institution (after a diagnosis or fact of consumption has been established as a result of an examination). The internal affairs body at the place of residence of the person is notified within 3 days about the registered person.

Doctors at drug dispensaries, as a rule, claim that they have not passed on information about those registered for a long time. Some people may not convey it.

Those who voluntarily apply for treatment at a dispensary or drug treatment hospital are registered, according to the Instructions, only at the drug dispensary. If they do not violate the visiting regime prescribed by the doctor, information about them is not transmitted to the police department.

Separate records must be kept of those deregistered.

According to the Instructions, employees of a medical drug institution and police officers conduct a quarterly name check of the registered contingent in the serviced territory.

It is interesting that, if desired, almost any person can be registered. According to the Instructions, the absence of narcotic (intoxicating) substances in the body at the time of examination, in the presence of other sufficiently substantiated information, cannot serve as a basis for non-registration. A person who has become known to have used (uses) legal psychoactive substances (medicines or, for example, plants like Salvia Divinorum) for the purpose of “intoxication” can also become “accountable.”

The organization of accounting is specified by order of the USSR Ministry of Health dated September 12, 1988 No. 704 “On the timing of dispensary observation of patients with alcoholism, drug addiction and substance abuse” and by order of the Russian Ministry of Health dated December 31, 2002 No. 420 “On approval of forms of primary medical documentation for psychiatric and drug treatment institutions.” The order dated September 12, 1988, referring to the fundamental order dated May 20 of the same year, details the registration period and the required frequency of patient visits to the doctor.

The listed departmental documents, which serve as the only regulatory basis for drug registration, are in conflict with Articles 33 and 34 of the Fundamentals of Legislation Russian Federation on the protection of the health of citizens (hereinafter referred to as the Fundamentals) dated July 22, 1993 (last edition dated December 30, 2008), which states that medical observation (a type of which is recording) can only be carried out voluntarily, with the consent of the patient:

“A citizen or his legal representative has the right to refuse medical intervention or demand its termination, except for the cases provided for in Article 34 of these Fundamentals” (Article 33).

According to Article 34 of the Fundamentals, involuntary provision of medical care is permitted in relation to:

Persons suffering from diseases that pose a danger to others,
. persons suffering from severe mental disorders,
. persons who have committed socially dangerous acts.

The grounds and procedure for involuntary intervention for each of these cases must be established by the legislation of the Russian Federation.

Narcological pathology does not meet any of the above conditions.

Firstly, not a single form of drug addiction is included in the exhaustive list of diseases that pose a danger to others, approved by Decree of the Government of the Russian Federation of December 1, 2004 No. 715.

Secondly, non-medical drug use also cannot be classified as socially dangerous acts (in the legal sense, of course). These are considered crimes (Article 14 of the Criminal Code of the Russian Federation), and not administrative offenses. Responsibility for the consumption of prohibited substances is provided not by the Criminal Code, but by Article 6.9 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Administrative Offenses Code). It is also not a crime to acquire, possess, or manufacture drugs in an amount that is not large, i.e., within the meaning of the law, for personal use (Article 6.8 of the Administrative Code). Offenses are recognized as “illegal, guilty actions” (Article 2.1 of the Administrative Code), and not as socially dangerous acts.

Thirdly, drug addiction in general cannot be classified as a severe mental disorder, i.e. does not fall under the relevant provisions of the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in Its Provision” dated July 22, 1993 (hereinafter referred to as the Law on Psychiatry; last edition dated August 22, 2004) as in the part related to involuntary examination and compulsory treatment, and in relation to the grounds for dispensary observation without the consent of the citizen (Articles 26 and 27). The Psychiatry Law recognizes a severe mental disorder as a chronic and prolonged disorder with severe, persistent or frequently exacerbating painful manifestations.

Undoubtedly, in some cases, drug addicts may be subject to the criteria specified in the Psychiatry Law. But considering every drug user (for example, caught casually using marijuana) to be suffering from a severe mental disorder is absurd. If a particular drug addict is recognized as suffering from a serious disorder, then the procedure for such recognition must comply with the requirements of the Law on Psychiatry. The decision on the need to establish dispensary observation and its termination is made, according to the Law on Psychiatry, by a commission of psychiatrists. The 1988 instruction allows a psychiatrist-narcologist to make the sole decision on registering a citizen.

According to the fair opinion of E.I. Tsymbal, “drug addiction, substance abuse and alcoholism should be recognized as mental disorders, because they:

They change a person’s attitude towards life, himself and society, as well as society’s attitude towards a person;

Included in sections F10-F19 (mental and behavioral disorders associated with psychoactive substance use) of class V (“Mental and behavioral disorders”) of the International Classification of Diseases, 10th Revision;

They are based on a violation of mental activity - the patient’s inability to voluntarily regulate his behavior adequately to the objective requirements of the environment.”

Thus, in relation to patients with drug addiction, as suffering from a mental disorder, instead of registration, dispensary observation should be established (including without the patient’s consent), but only in cases provided for in Article 27 of the Law on Psychiatry, according to which “dispensary observation may be established for a person suffering from a chronic and protracted mental disorder with severe persistent or frequently exacerbating painful manifestations.”

The acts of the USSR Ministry of Health (the above-mentioned orders of May 20 and September 12, 1988) are not consistent with these legal requirements, since they do not contain the main criterion - the severity of the disease.

Registration of patients with drug addiction and dynamic monitoring of them, as well as preventive surveillance are provided for by the current Regulations on the Narcological Dispensary, approved by Order of the USSR Ministry of Health of August 14, 1985 No. 1078 (although this Regulation does not disclose the procedure and conditions for registration). But this one is also outdated normative act may be applied only to the extent that does not contradict federal laws.

Finally, the need to register drug addicts is stipulated in Article 56 of the Federal Law “On Narcotic Drugs and Psychotropic Substances” dated January 8, 1998 (hereinafter referred to as the Federal Law on Drugs; last edition dated November 25, 2008), which states that “the procedure for medical supervision for patients with drug addiction and registration of patients with drug addiction is established federal body executive power in the field of healthcare in agreement with the federal executive body for control over the circulation of narcotic drugs and psychotropic substances, the Prosecutor General's Office of the Russian Federation and the federal executive body in the field of justice.”

Such a by-law regulating the registration of drug addicts has not yet been adopted.

Accordingly, this part of the Federal Law on Drugs has not worked for more than 11 years; its Article 56 does not apply. In the absence of special regulation, the general industry regulation is applied, i.e. - Law on Psychiatry. It is important to emphasize that the Federal Law on Drugs, in contrast to the 1988 Instructions, provides exclusively for the recording of drug addicts, and not all persons who admit or have once admitted the use of illegal psychoactive substances. So “preventive accounting” contradicts, among other things, the Federal Law on Drugs, which is by no means liberal.

Despite legislative provisions that exclude the possibility of involuntary medical registration, in practice, citizens are registered on the grounds and in accordance with a morally and legally outdated order - without informed voluntary consent (Article 32 of the Fundamentals), and sometimes even without informing the registered person at all about his new status. It happens that a citizen finds out that he is “registered” by accident.

Even if we admit that drug registration is currently permissible in some form (at least on the basis of the Regulations on the drug dispensary), then only in compliance with the current federal legislation, taking into account the hierarchy legal norms. Under such conditions, a drug user can be registered in the following two ways:

1. Apply for treatment yourself and consent to registration.

2. Having been taken for a medical examination and having received a positive result, agree to register.

But “voluntary drug registration” is nonsense, since it does not serve the control purposes for which it was created. Therefore, voluntary registration practically does not exist, except for such registration of adolescents on the initiative of parents or other legal representatives. IN last years The legal grounds for parental coercion have been somewhat expanded: by federal laws of December 1, 2004 No. 146-FZ8 and No. 151-FZ9, the age of voluntary consent of a person to medical intervention for adolescents with drug addiction has been raised from 15 to 16 years. It should be noted that this change applies only to minors with drug addiction, i.e. those who have been given the appropriate diagnosis, and does not apply to cases of examination (testing), as well as registration with drug treatment, for which, according to general rule, voluntary informed consent of the person is required after he or she reaches 15 years of age.

There are isolated cases of self-registration in order to obtain a deferment from conscription. military service. But these are exceptional and not typical cases.

There are a number of adult patients who are not registered and voluntarily apply to state drug treatment hospitals. These are low-income drug addicts who do not have the means for anonymous treatment. Such patients are also registered at the drug dispensary, but information about them, subject to the regime prescribed by the doctor, according to the Instructions, should not be transferred to the police. It is difficult to say to what extent this is observed. Drug addicts themselves usually do not believe that their use of drug treatment will remain unknown to the authorities and perceive registration as a forced payment for free treatment.

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Good afternoon! My reader, today I want to answer your many questions about deprivation of rights for registering with a narcologist. All over the country, those registered with a narcologist are deprived of their driver's license through the courts at the request of the prosecutor's office. Every day, outraged patients and their families come to see me, asking me to “find some way out.” One adult man even cried, because he is the head large family, professional truck driver. Having lost his rights, he dooms his family to a difficult situation, since he never worked for anyone else. I know that he has not taken alcohol for almost three years, he regularly “checks in”, and will soon be deregistered. To be honest, I really wanted to help...

So, the topic of our conversation: “driver’s license and registration with a narcologist.”

Remember!

A person registered with a narcologist has medical contraindications for driving.

You can, of course, refer to Part 3 of Article 55 of the Constitution of the Russian Federation, which states that the rights and freedoms of man and citizen can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

Yes, you once had problems with alcohol, you “came to your senses” in time and received treatment. Now you haven’t “taken any alcohol into your mouth” for a long time; you regularly “check in” with a narcologist, and he can confirm your sobriety. On what basis are your rights suddenly being limited? You haven’t been in an accident, drive your car carefully...What’s the matter?

I will explain what the court is guided by.

Part 3 of Article 17 of the Constitution of the Russian Federation stipulates that the exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons. And paragraph 1 of Article 1065 of the Civil Code of the Russian Federation establishes that the danger of causing harm in the future may be the basis for a claim to prohibit activities that create such a danger.

The right to drive vehicles is terminated if there are medical contraindications to driving vehicles, which are established by the Government of the Russian Federation (Part 4 of Article 23.1 of the Federal Law of October 10, 1995 No. 196-FZ “On Road Traffic Safety”.

And now to the main thing.

According to paragraph 7 of section 2 “Mental disorders and behavioral disorders associated with the use of psychoactive substances” of the Government of the Russian Federation of December 29, 2014 No. 1604 “On the lists of medical contraindications, medical indications and medical restrictions to management vehicle» contraindications for driving any vehicles are mental disorders and behavioral disorders associated with the use of psychoactive substances (ICD disease code: F10 - F16, F18, F19) until the end of dispensary observation due to stable remission (recovery).

It turns out that any person registered with a narcologist has a direct contraindication to driving.

It turns out that in order to protect the rights of an indefinite circle of citizens, the interests of society and the state, it is necessary to terminate the right of persons registered with a narcologist to drive vehicles.

Early removal from drug treatment register

You already understand that a driver’s license can be returned only after deregistration with a narcologist “with improvement” (required!).

Dispensary registration lasts three years - no less. Moreover, the countdown does not start from the moment you were registered, but from the date of your last breakdown (use). Since there is no automatic deregistration from a narcologist, if you do not visit a narcologist to prove sobriety according to a certain schedule, then the registration can last 10 or 20 years. Which means you won’t see your rights all this time. Read more about deregistration.

Remember!

Early deregistration with a narcologist “with improvement” is impossible. Dispensary registration – three years, preventive – one year.

Preventive registration with a narcologist: will your license be taken away?

If you are on a preventive register, you are not sick. You just have to be monitored for a year.

If you already have a driver's license, then most likely they will not take it away through the court. But if the time of preventive observation by a narcologist coincides with the time when you need to change your driver’s license, you will not receive permission from the narcologist until deregistration.

I hope I answered your questions. You understand that being registered at a drug dispensary means that you will have to surrender your driver's license during the registration period.

What to do?

Be sure to follow the visit schedule, “check in”, then after three years you can easily get your driver’s license back.

How did I help the man I wrote about at the beginning of the post? He had three months left before he was deregistered. He asked the court to order him a forensic drug examination to confirm the diagnosis at “his own” expense (about 10,000 rubles). The queue for it was 2-3 months, while I was waiting in line, the time came for deregistration. By the time of the examination, it had already been removed from the register. Time was gained and the driver's license was retained. Like this.

Of course, there are all sorts of situations. I always try to get involved and help as much as possible. But I am sure that we all must obey the Law.

I look forward to your questions and see you on my blog.

To successfully pass the medical examination, a visit to a drug dispensary is mandatory (this condition is mandatory for all car drivers). For driving a car while intoxicated (under the influence of drugs or alcohol), the driver may be registered with a narcologist. After all, such a violation is considered quite serious by the laws of the Russian Federation and severe punishment may follow for its commission - .

Persons who find themselves in such a situation should know how to deregister and whether it is possible (hereinafter - a driver’s license).

All about the types of drug training and their terms

IN modern practice There are several types of registration and, as a consequence, types of registration (drug treatment), namely:

1. Preventive observation is intended for that category of patients who have not currently developed an addiction to alcohol/drugs and do not yet have a clear diagnosis. The duration of such observation is 12 months with the condition that the person can receive qualified medical care. In this case, deregistration is possible with the written consent of a narcologist.
2. Dispensary registration – intended for patients who have not only established, but diagnostically confirmed drug/alcohol addiction. The duration of such registration for alcoholics is no more than 3 years, and for drug addicts – up to 5 years. In this case, the specified deadlines can be reduced, but this will require a meeting of a specialized commission of doctors, who will issue a final verdict.
3. Anonymous registration – designed for persons who independently contacted a drug addiction specialist, wishing to undergo treatment anonymously.

A drunk driver violated traffic rules: will he be registered?

Any driver who is detained for driving while intoxicated will definitely be placed on preventive registration.

Duration of preventive registration with a narcologist

Every car driver should know that if he is detained for driving a vehicle (hereinafter referred to as a vehicle) while drunk, he will be placed on a preventive drug registration list for a period of 12 months.

The procedure for registering a driver for drug registration

The registration process at a medical institution is carried out on the basis of the protocol drawn up by the traffic police inspector at the place where the vehicle was stopped. The drug dispensary employee creates a separate medical record for the offender, where all his personal data is entered. Next, the citizen receives explanations regarding restrictions on some of his rights. Since in this case the driver is deprived of his driving license, the doctor informs him of the conditions under which he can drive a car again.

Observation by a narcologist: possible limitations

If a person is recognized as sick, then a number of restrictions are imposed on him regarding his professional activity(the reason is the official status of a drug clinic patient). So he loses the right:

• Work in enterprises whose activities are related to the production/use of explosives;
• Get a job as an installer or electrician;
• Work in places with increased fire hazard;
• Work in positions that involve managing railway or metro trains, as well as their maintenance;
• Purchase/carry weapons;
• Get a job as a collector, as well as in units of paramilitary security structures and services that use special types of communications in their activities;
• Obtain a car license, etc.

Moreover, if a citizen commits an administrative violation during treatment at a drug treatment center, he will be denied employment for 3 years in any institution. A patient's criminal record may also be a reason for refusal to hire.

It is important to remember that monthly preventive inspections become mandatory in this case, and the driver has no right to evade them.

How to withdraw from drug registration early?

There are a number of reasons for stopping medical supervision. Among the most common:

• Patient recovery;
• Moving (here you need to re-register and be observed at your new place of residence);
• Stay in prison (more than 1 year);
• Referring a citizen to a dispensary (specialized);
• Death of a patient.

The overwhelming majority of car drivers who have come under drug control for driving while intoxicated want to know how to deregister with a drug specialist and at the same time obtain a driving license ahead of schedule. It is important to understand that now such an opportunity exists, although the procedure itself cannot be called simple and quick (you need to collect a lot of characteristics and certificates). On initial stage You will need to visit your doctor to receive from him preliminary assessment patient's condition. Evidence of recovery can include testimony from neighbors, colleagues, as well as testimonials from the place of work.

There is another way to stop being considered a patient of the institution ahead of schedule. If a person does not visit a specialized medical institution for a year and cannot be found using the specified information (about the place of registration and work), then he is automatically deregistered from the narcological dispensary.

Most often, such situations occur when a patient changes place of residence, is taken into custody, or dies.

How to remove yourself from drug registration and get a car license?

If for certain reasons it was not possible to withdraw early from observation by a narcologist, then you will need to wait until the end of the mandatory observation period in a specialized medical institution.

Alcohol or drug addiction are dangerous phenomena for society, which is why the procedure for removing observation is carried out according to strict rules and requires the conclusion of a specially assembled medical commission.

If we talk about citizens who were taken for preventive control, they must undergo tests confirming the absence harmful substances in organism. The completed studies are presented to the doctor, who gives an opinion on the possibility of deregistering the citizen ahead of schedule ( required condition– signature on the conclusion of a representative of the management of the medical institution).

In the case where a citizen was under supervision in a drug center after committing actions of an illegal nature, for which he was deprived of his car license, then after the end of such supervision it is advisable to obtain the appropriate certificate. Representatives of the traffic police will definitely require such a certificate.

There are some nuances for car drivers who were taken under control after they were detained by traffic police inspectors. It is important to know that during the period of their observation at the drug dispensary, the licenses of such drivers are canceled, and their restoration is possible only after removal from the drug registration, which will be confirmed by the issuance of an appropriate medical certificate.