Boundaries and confidentiality issues

Contact hours: 1 hour
Practical sessions: 1 hour
Self-study hours: 1 hour
Assessment hours: 20 min

Description

This unit describes the national legal framework in the 6 consortium countries (Lithuania, Greece, Denmark, Slovenia, Romania, Portugal) concerning the approach of addictions to illicit substances, of existing limits, notions of confidentiality and the need to report potentially dangerous situations.

Knowledge

Upon successful completion of the Unit, the learner should:

  • Know what confidentiality entails
  • Know the limits of confidentiality and when they may be breached 
  • Know the specific legislation in force at national level, the legal obligations and the rights of substance users;
  • Know the legal and ethical obligations regarding the therapeutic relationship and healthcare professional – substance user confidentiality;
  • Know the exceptions/limits to confidentiality: duty to warn in case of potential danger that will endanger the life of the substance user and/or others, aspects regarding release of information, collaboration with another doctor/s or institution/s specialized in addiction treatment, child abuse, courts, etc.

Skills

  • Recognise potentially dangerous situations for the substance user or/and for those around him/her;
  • Be able to manage the legal aspects of healthcare professional-substance user confidentiality;
  • Be able to identify  confidentiality boundary situations and manage the case professionally.

Competences

  • Apply legal and ethical rules on healthcare professional-substance user confidentiality;
  • To correctly manage situations that are an exception to the confidentiality clauses, protecting themselves and the substance user, taking into account the applicable legal framework.

Delivery and Assessment

The unit will be developed through:

  • Discussions

  • Practical sessions

  • Other

The unit will be evaluated through:

  • Multiple choice test

2.1 Overview of relevant national legal framework

National Legislation in Lithuania

  • Law on the Control of Narcotic Drugs and Psychotropic Substances of the Republic of Lithuania of 8 January 1998. No VIII-602;
  • Law of the Republic of Lithuania on Fibrous Cannabis 23 May 2013 No XII-336;
  • Law on the Approval and Entry into Force of the Criminal Code of the Republic of Lithuania. 26 September 2000 No VIII-1968;
  • Law on the Procedure for the Approval, Entry into Force and Implementation of the Code of Administrative Offences of the Republic of Lithuania 25 June 2015. No XII-1869;
  • Law on the Health System of the Republic of Lithuania of 19 July 1994. No I-552;
  • Law on the Foundations of National Security of the Republic of Lithuania of 19 December 1996. No VIII-49;
  • Law on the Control of Precursors of Narcotic Drugs and Psychotropic Substances of the Republic of Lithuania 1 June 1999 No VIII-1207;
  • Law of the Republic of Lithuania on Chemical Substances and Chemical Mixtures of 18 April 2000 No VIII-1641;
  • Resolution of the Seimas of the Republic of Lithuania No 1K of 22 October 2009, on the Continuity of the Drug Control Policy;
  • Resolution of the Republic of Lithuania No 1630 of 28 December 1995 on the Approval of the Rules for Licensing of Activities Related to Medicinal Preparations Containing Schedule I Substances and Schedule II, III Narcotic and Psychotropic Substances and the Rules for the Issuance of Special Permits for the Use of Schedule I, II and/or III Narcotic and Psychotropic Substances in Scientific Research;
  • Resolution of the Government of the Republic of Lithuania No 992 of 1 December 2021, on the Implementation of the Law on Fibrous Cannabis of the Republic of Lithuania and the Approval of the Rules of Procedure for the Production of Fibrous Cannabis Products;
  • Resolution of the Government of the Republic of Lithuania of 2 April 2002 No 437 on the Approval of the Description of the Procedure for the Organisation of the Identification of Children Using Narcotic Drugs, Psychotropic Substances, Other Psychoactive Substances;
  • Resolution of the Government of the Republic of Lithuania of 30 May 2005. No 591 of the Council of Ministers of the Republic of Lithuania on the approval of the description of the procedure for the monitoring of the use of narcotic and psychotropic substances, its consequences, the circulation of narcotic and psychotropic substances and their precursors (precursors);
  • Resolution of the Government of the Republic of Lithuania No 221 of 9 March 2006 on the Approval of the Rules for Licensing, Local Registration, Issuing Import and Export Permits, and the Rules for the Supervision and Control of Activities Related to Precursors of Narcotic Drugs and Psychotropic Substances (Precursors of Narcotic Drugs and Psychotropic Substances);
  • Resolution of the Government of the Republic of Lithuania No 1219 of 25 August 2010 on the Approval of the Description of the Procedure for the Destruction of Narcotic Drugs and Psychotropic Substances and their Precursors in Illicit Circulation;
  • Resolution of the Government of the Republic of Lithuania No 245 of 23 February 2011 on the Approval of the Structure of the Administration of the Department of Drugs, Tobacco and Alcohol Control;
  • Resolution of the Government of the Republic of Lithuania No 452 of 20 April 2011 on the Establishment of the College of the Department of Drug, Tobacco and Alcohol Control and Determination of its Competence;
  • Order of the Minister of Health of the Republic of Lithuania No. 5 of 6 January 2000 on Approval of the Lists of Narcotic Drugs and Psychotropic Substances;
  • Order of the Minister of Health of the Republic of Lithuania No 705 of 23 December 1997 on the Approval of the Rules on the Possession and Accounting of Narcotic and Psychotropic Substances in Institutions Exercising State Control and the Description of the Procedure for the Possession, Accounting of the Circulation of Narcotic and Psychotropic Substances Used in Research and the Procedure for Reporting;
  • Order of the Minister of Health of the Republic of Lithuania and the Minister of Education and Science of the Republic of Lithuania on the approval of the description of the procedure for the implementation of the Early Intervention Programme on 18 January 2018. No V- 60/V-39;
  • Order of the Minister of Health of the Republic of Lithuania No V-239 of 23 April 2003 on the Guidelines for the Determination of Small, Large and Very Large Quantities of Narcotic Drugs and Psychotropic Substances;
  • Order of the Minister of Health of the Republic of Lithuania of 5 July 2006 No V-584 on the approval of the description of the procedure for the provision of low-threshold services;
  • Order of the Minister of Health of the Republic of Lithuania No V-636 of 1 August 2007 on the approval of the description of the procedure for monitoring of persons who apply to personal health care institutions for mental and behavioural disorders due to the use of narcotic drugs and psychotropic substances;
  • Order of the Minister of Social Security and Labour of the Republic of Lithuania No A1- 566 of 11 December 2012 "On the amendment of Order of the Minister of Social Security and Labour of the Republic of Lithuania No A1-46 of 20 February 2007 on the Approval of the Description of the Norms of Social Guardianship;
  • Order of the Minister of Health of the Republic of Lithuania No V-1429 of 29 December 2014 on the Approval of the Inventory of Requirements for Premises where Substances listed in Schedule II or III of Controlled Narcotic Drugs and Psychotropic Substances are Stored, in the Course of Their Production, Wholesale or Retail Trade;
  • Order of the Director of the Department of Drugs, Tobacco and Alcohol Control on the approval of the description of the procedure for counselling of persons at the Department of Drugs, Tobacco and Alcohol Control 28 September 2023. No T1-82;
  • Order of the Director of the Department of Drugs, Tobacco and Alcohol Control No T1-111 of 28 September 2022 on the Order No T1-141 of the Council of 2020 on the amendment of Order No T1-141 of the Council of 2020 on the approval of the list of substances not included in the official list;
  • Order of the Director of the Department of Drugs, Tobacco and Alcohol Control No T1-68 of 3 May 2011 on the Approval of the Guidelines for the Determination of High and Very High Quantities of Precursors of Narcotic Drugs and Psychotropic Substances of Category;
  • Order of the Director of the Department of Drugs, Tobacco and Alcohol Control No T1-90 of 10 May 2011 on the Establishment of the Interdepartmental Commission for the Assessment of the Market for New Psychoactive Drugs and the Approval of its Working Rules;
  • Order of the Director of the Department of Drugs, Tobacco and Alcohol Control No T1-358 of 28 December 2011 on the Approval of the Description of the Conditions for the Storage and Storage of Precursors of Narcotic Drugs and Psychotropic Substances;
  • Order of the Director of the Department of Drug, Tobacco and Alcohol Control No T1-163 of 17 December 2018 on the Approval of the Rules for Conducting Inspections of the Activities of Economic Entities in Relation to Precursors of Narcotic Drugs and Psychotropic Substances and of the Legal Persons Carrying Out Activities in Relation to the Substances listed in Schedule IV of the List of Narcotic Drugs and Psychotropic Substances;
  • Order of the Director of the Department of Drug, Tobacco and Alcohol Control No T1-119 of 1 April 2016 on the Approval of the Form for the Submission of Data on the Data on the Precursors of Narcotic Drugs and Psychotropic Substances and Substances Not Included in the Official List and on the Use of such Substances in the Industrial, Professional or Other Economic Activities of Natural and Legal Persons in the Republic of Lithuania;
  • Order of the Director of the Department of Drugs, Tobacco and Alcohol Control No T1-350 of 7 November 2016 on the approval of the description for the submission of the list of all ingredients used in the production of smoked herbal products and their quantities to be placed on the market in the Republic of Lithuania;
  • Order of the Director of the Department of Drugs, Tobacco and Alcohol Control No T1-129  of 30 December 2021 on the approval of the description of the supervision of the activities of legal entities related to the use of Schedule I, II and/or III narcotic drugs, psychotropic substances for research and experimental development and the description of the inspections to be carried out.

 

National Legislation in Romania

  • Law no. 143 of July 26, 2000 on preventing and combating illicit drug trafficking and consumption;
  • Law No 339 of December 5, 2005 on the legal regime of narcotic and psychotropic plants, substances and preparations;
  • Law No 381 of September 28, 2004 on some financial measures in the field of preventing and combating illicit drug trafficking and drug abuse;
  • Law No 64/2005 on Romania’s participation as a full member in the Cooperation Group for Combating Illicit Drug Use and Illicit Trafficking (Pompidou Group) of the Council of Europe;
  • Law no. 194 of November 7, 2011, republished, on combating operations with products likely to have psychoactive effects, other than those provided for by the normative acts in force;
  • Government Decision no. 860 of July 28, 2005 for the approval of the Regulation for the application of the provisions of Law no. 143/2000 on combating illicit drug trafficking and consumption, with subsequent amendments and additions;
  • Government Decision no. 1915 of December 22, 2006 for the approval of the methodological norms for the application of the provisions of Law no. 339/2005 on the legal regime of narcotic and psychotropic plants, substances and preparations, with subsequent amendments and additions;
  • Government Decision no.461 of 11.05.2011 on the organization and functioning of the National Anti-Drug Agency;
  • Government Decision no. 784/09.10.2013 on the approval of the National Anti-Drug Strategy 2013-2020 and the Action Plan 2013-2016 for the implementation of the National Anti-Drug Strategy 2013-2020;
  • Government Decision no. 853/31.10.2018 for the amendment and completion of Government Decision no. 784/2013 on the approval of the National Anti-Drug Strategy 2013-2020 and the Action Plan 2013-2016 for the implementation of the National Anti-Drug Strategy 2013-2020;
  • Government Decision no. 867/14.10.2015 for the approval of the Nomenclature of social services, as well as the framework regulations for the organization and functioning of social services;
  • Law no. 78/24.06.2014 on the regulation of voluntary activity in Romania;
  • Government Decision no. 684/19.08.2015 on the approval of the National Program for the prevention and medical, psychological and social prevention and assistance of drug users 2015-2018;
  • Government Decision no. 659/19.08.2015 on the approval of the National Program of national interest for the prevention and medical, psychological and social prevention and assistance to drug users 2015-2018;
  • Order no. 103 of 26.04.2012 on the approval of the Procedure for the authorization of operations with products likely to have psychoactive effects, other than those provided for by the normative acts in force, and the amount of the authorization and evaluation fees;
  • Government Decision no. 344 of March 16, 2022 for the approval of the National Drug Strategy 2022-2026 and the Action Plan for the implementation of the National Strategy against Drugs 2022-2026;
  • Government Decision. No. 1.581 of December 28, 2022 on the approval of the Program of National Interest for the prevention and medical, psychological and social assistance to drug users, for the period 2023-2026;
  • Government Decision No. 1.582 of December 28, 2022 on the approval of the National Program for the prevention and medical, psychological and social prevention and assistance to drug users, for the period 2023-2026;
  • Order no. 32 of March 1, 2023 on establishing the methodology for the evaluation, selection and financing of projects under the National Program of national interest for the prevention and medical, psychological and social prevention and assistance to drug users, for the period 2023-2026;

 

National Legislation in Slovenia

Slovenia has established a comprehensive legal framework to address substance use disorders (SUD) and regulate activities related to illicit drugs. The key national legislation includes:

  • Act Regulating the Prevention of the Use of Illicit Drugs and on the Treatment of Drug Users (Zakon o preprečevanju uporabe prepovedanih drog in obravnavi uživalcev prepovedanih drog): This act outlines measures for preventing drug use, providing treatment, and facilitating the social reintegration of drug users. It also establishes the organizational structure and funding mechanisms for these initiatives.-
  • Production of and Trade in Illicit Drugs Act (Zakon o proizvodnji in prometu s prepovedanimi drogami): This legislation governs the conditions for the production, distribution, and possession of illicit drugs, including sanctions for violations.
  • Decree on the Classification of Illicit Drugs (Uredba o razvrstitvi prepovedanih drog): This decree classifies substances as illicit drugs and is regularly updated to include new psychoactive substances.
  • Criminal Code (Kazenski zakonik): Articles 186 and 187 of the Criminal Code define criminal offenses related to the manufacture, trafficking, and facilitation of illicit drug consumption, specifying corresponding penalties.
  • Resolution on the National Programme on Illicit Drugs 2023–2030 (Resolucija o nacionalnem programu na področju prepovedanih drog 2023–2030): This strategic document outlines Slovenia’s comprehensive approach to reducing drug demand and supply, emphasizing prevention, treatment, harm reduction, and social reintegration.
  • National Crime Prevention and Control Strategy (Resolucija o nacionalnem programu preprečevanja in zatiranja kriminalitete): This strategy includes objectives related to reducing drug-related crime and implementing preventive measures.
  • Rules on the Structure and Method of Work of Services Coordinating the Centres for the Prevention and Treatment of Addiction to Illicit Drugs (Pravilnik o sestavi in načinu dela služb, ki usklajujejo delo centrov za preprečevanje in zdravljenje odvisnosti od prepovedanih drog): These rules define the organization and operation of services coordinating addiction prevention and treatment centres.
  • Rules on Supervising the Work Activity of Centres for the Prevention and Treatment of Illicit Drug Addiction (Pravilnik o nadzoru nad delom centrov za preprečevanje in zdravljenje odvisnosti od prepovedanih drog): This regulation establishes supervision protocols for centres addressing illicit drug addiction.
  • Resolution on the National Social Assistance Programme 2013–2020 (Resolucija o nacionalnem programu socialnega varstva 2022–2030): This resolution includes provisions for social assistance programs targeting individuals affected by substance use disorders.
  • Social Security Act (Zakon o socialnem varstvu): This act provides the legal basis for social services, including those related to the treatment and support of individuals with substance use disorders.
  • Social Assistance Benefits Act (Zakon o socialno varstvenih prejemkih): This legislation outlines the entitlements and provisions for social assistance benefits, which may apply to individuals undergoing treatment for substance use disorders.
  • Exercise of Rights to Public Funds Act (Zakon o uveljavljanju pravic iz javnih sredstev): This act regulates the procedures for claiming public funds, including support for health and social services related to substance use disorders.

These laws and regulations collectively form the foundation of Slovenia’s approach to managing and mitigating the impact of substance use disorders within the country.

 

National Legislation in Portugal

In 2001, Portugal implemented a groundbreaking reform by decriminalizing the personal possession of all drugs, shifting its approach from criminal punishment to a health-centered model. Rather than facing imprisonment and a criminal record, individuals caught with small amounts of drugs for personal use are subject to administrative penalties. These penalties can include fines or community service, though drugs are still confiscated.

Decisions on whether a penalty is imposed are made by Commissions for the Dissuasion of Drug Addiction (CDTs), which operate at the district level. Each panel is composed of legal, health, and social work professionals. When someone is referred to a Commission for the first time, their case is automatically suspended if their drug use is deemed low risk, meaning no further action is taken. For repeat cases, fines may be issued. If moderate risk is identified, brief interventions—such as counseling—are recommended, though participation remains voluntary. In high-risk cases, where signs of dependence or serious behavioral concerns arise, individuals can be directed to specialized treatment services, though these referrals are not compulsory.

In most cases, individuals referred to the Commission are not found to have problematic drug use, and their cases are closed with no penalties. Many people who go through the process view the Commissions as a supportive, educational intervention, aimed at raising awareness of drug-related risks rather than punishing users. The system is intentionally non-judgmental, with a core mission of protecting public health and individual well-being.

It is essential to recognize that decriminalization was just one aspect of Portugal’s broader drug policy reform. The shift also involved expanding harm reduction initiatives and improving access to treatment services. By acknowledging that drug use is a social and health issue rather than a matter for criminal enforcement, Portugal’s policy aims to reduce harm rather than rely on punitive measures.

 

1970s – Carnation Revolution and rise of drug use

The Carnation Revolution of 1974 marked the end of Portugal’s dictatorship and the beginning of a transition to democracy. This political shift opened the country’s borders, exposing its population to a variety of global influences—including an influx of drugs. Substances like heroin, cocaine, and cannabis became more widely available, leading to a sharp rise in drug use, particularly among young people and returning soldiers from colonial wars. By the late 1970s, the country was facing an escalating heroin epidemic, with nearly 1% of the population becoming addicted by the early 1980s. The government responded by implementing stricter drug prohibition laws, focusing on punitive measures rather than prevention or treatment. Two key laws were enacted during this period:

  • Decree-Law No. 420/70 (1970): This law introduced severe penalties for possession, trafficking, and consumption of illicit drugs, marking one of the first legislative efforts to control substance use in Portugal.
  • Decree-Law No. 782/76 (1976): Further intensified criminal penalties by classifying drug possession as a criminal offense, making imprisonment mandatory for those caught with drugs.

Despite these laws, drug addiction rates continued to climb, laying the groundwork for a public health crisis in the decades to come.

 

1980s –  First Treatment Measures

Throughout the 1980s, Portugal’s drug crisis deepened, leading to widespread drug-related crime, a surge in HIV infections, and increasing overdose deaths. The country’s prison system became overcrowded with drug users, as the legal system primarily treated drug use as a criminal offense rather than a health issue. The government remained committed to punitive approaches, enforcing even harsher legal measures. Key legislative actions included:

  • Decree-Law No. 430/83 (1983): This law significantly increased penalties for drug possession and trafficking, leading to longer prison sentences for those involved in drug-related offenses.
  • Decree-Law No. 15/93 (1993): One of the most impactful laws before decriminalization, this law: Clearly defined drug-related offenses and penalties; Maintained criminalization of possession, regardless of the quantity; Established mandatory minimum sentences for drug trafficking, making it harder for individuals to avoid incarceration.

By the early 1990s, it became clear that criminalization alone was not reducing drug use. In response, Portugal introduced its first harm reduction programs in 1993, which included needle exchange programs and methadone therapy. This marked the beginning of a slow shift toward public health-focused policies, though drugs still remained illegal.

 

1999-2001: Decriminalization Reform (Law 30/2000)

Between 1997 and 1999, a government commission was established to explore alternative drug policies. The commission’s findings revealed that criminalization had worsened public health outcomes, increased the spread of HIV/AIDS, and failed to reduce drug consumption. Based on their recommendations, Portugal embarked on one of the most significant drug policy shifts in modern history—the decriminalization of drug possession. This reform was formalized in Law No. 30/2000, which was passed in 2000 and took effect on July 1, 2001. The law introduced several key changes:

  • Decriminalization of personal drug use and possession, provided the amount did not exceed a 10-day supply.
  • Instead of facing criminal charges, individuals caught with drugs were referred to Commissions for the Dissuasion of Drug Addiction (CDT), which assessed their situation and determined the appropriate response.
  • Drug trafficking and production remained criminal offenses, ensuring that the law targeted large-scale drug suppliers rather than users.
  • The goal of the reform was to treat drug use as a public health issue rather than a criminal offense, reducing stigma and promoting rehabilitation over punishment.

This groundbreaking policy shifted the focus from punishment to treatment, laying the foundation for Portugal’s health-centered approach to drug use.

 

2001-Present: Expansion and adjustments to the model

 

2008 – Expansion of Harm Reduction Policies

Following the success of decriminalization, the Portuguese government increased investment in public health services, further strengthening its harm reduction programs. This included the expansion of community-based initiatives, such as:

  • Supervised drug consumption facilities, providing a safe environment for users to access clean supplies and medical support.
  • Greater access to methadone maintenance therapy, reducing heroin dependence and associated health risks.
  • Social reintegration programs, helping former drug users find employment and housing.

 

2011 – International Recognition

A decade after decriminalization, Portugal’s drug policy reforms were widely recognized as a success. Organizations like the United Nations (UN) and the European Union (EU) praised the Portuguese model, citing significant improvements in public health. Studies showed: HIV infections among drug users had fallen by over 80%; drug-related deaths had declined sharply, making Portugal’s overdose mortality rate one of the lowest in Europe; levels of drug use remained stable, disproving concerns that decriminalization would lead to an increase in consumption.

Portugal’s evidence-based approach inspired other nations to rethink their drug policies, positioning the country as a global leader in drug policy reform.

 

2018-2021 – Adjustments to threshold quantities

As the model evolved, Portugal made several legal adjustments to ensure the fair and effective application of decriminalization laws, namely:

  • Decree-Law No. 54/2013: This legislation revised the threshold quantities that determined whether a case was treated as an administrative offense or a criminal act. The adjustments were designed to prevent misclassifications that could lead to unfair prosecution.
  • 2021 – Amendment to Drug Laws: Further clarified possession limits, ensuring a consistent legal approach; Strengthened prevention and reintegration programs, reinforcing the social support network for individuals struggling with addiction.

With these adjustments, Portugal continued to refine its harm reduction approach, maintaining its commitment to public health and evidence-based drug policies.

 

National Legislation in Greece

Policy Coordination in the Field of Drugs in Greece

Policy coordination in the field of drugs is provided for in Law 4139/2013. The highest coordinating body is the Interministerial Committee for the National Action Plan on Drugs, chaired by the Prime Minister. The National Action Plan on Drugs is drafted by the National Committee for Planning and Coordination for Drug Policy (NCPCD), under the chairmanship of the National Drug Coordinator. The National Action Plan is approved by the Interministerial Committee.

In addition to drafting the National Action Plan, (NCPCD) is responsible for promoting the necessary measures for its implementation and monitoring, as well as developing international collaborations. Based on the above, the National Strategy 2021–2026 and the National Action Plan 2021–2023 were completed in early 2021. As these two documents have been submitted to the Prime Minister by EESAN and are pending approval, their adoption by the State and the commencement of their implementation constitute a significant issue in the field of addiction in Greece.

A notable development in 2021 was the establishment, for the first time in Greece, of a legal framework (Ministerial Decision G.P.oik.78049, Government Gazette 5969/B/17-12-2021) for the administration of naloxone in cases of acute opioid intoxication by trained professionals (doctors and nurses, street-work program staff, shelter workers, drug treatment organization personnel, prison staff, etc.). The expansion of naloxone use had been a longstanding request from professionals in the field, as it is a substance capable of reversing the effects of opioids on the body and is used in overdose cases to prevent deaths.

Additionally, the publication of a Ministerial Decision (D2a/oik.25602/2020, Government Gazette 1607/B/27-4-2020) was significant, as it defined the terms and conditions for the operation of Supervised Consumption Facilities (SCFs). In these spaces, under the presence of specialized staff, individuals can use substances (which they bring themselves) in a controlled environment with clean syringes and equipment, thus reducing additional health risks and the transmission of infectious diseases within their networks. At the same time, there is the possibility to provide services for health issues and referral to other services and structures. This new legal framework enabled the issuance of a license in 2022 and the reopening by OKANA (the Organization Against Drugs) of a Supervised Consumption Facility in central Athens, under the name “STEKI 46”.

To simplify the process of producing and exporting medical cannabis, the relevant legal framework was further enriched by Law 4801/2021, which amends the 2014 law (4523/2014) concerning the export of medical cannabis products. It also includes a Joint Ministerial Decision (Government Gazette 1151/B/15-3-2022), which redefines the conditions for the cultivation and processing of medical cannabis, fully replacing the previous Joint Ministerial Decision from 2018. Furthermore, with Article 71 of Law 4864/2021, the import of finished medical cannabis products was prohibited.

The creation of specialized accommodation structures for homeless users of psychoactive substances was institutionalized through a Joint Ministerial Decision (Government Gazette 5252/11-10-2022), which allows drug treatment organizations to submit housing requests. In addition, Article 84 of Law 4985 provides that uninsured prisoners with substance use problems are entitled to free medical, pharmaceutical, and nursing care for as long as they are held in a detention facility.

Law 5129/2024 (Completion of the Psychiatric Reform): is the merger of the three major national addiction treatment organizations:

  • OKANA (Organization Against Drugs)
  • KETHEA (Therapy Center for Dependent Individuals)
  • 18 ANO (Addiction Treatment Unit of the Attica Psychiatric Hospital)

These entities are being unified under a single national body, in an effort to:

  • Improve coordination and governance.
  • Ensure uniform standards of care and treatment.
  • Eliminate duplication and fragmentation in the addiction support system.
  • Strengthen prevention, harm reduction, treatment, and reintegration services.

 

National Legislation in Denmark

Substance abuse treatment under both the Social Services Act and the Health Act is free of charge for the drug addict. If a drug addict is referred to residential treatment under the Social Services Act, the individual’s payment only covers the accommodation-related expenses.

Legislation §

The Social Services Act, cf. Consolidated Act no. 798 of 7 August 2019 Section 4(1) of the Social Services Act. The municipal board must ensure that there are the necessary services in accordance with this Act

The Danish Health Act, cf. Consolidated Act no. 903 of 26 August 2019 Section 2(1)(1) of the Danish Health Act. The Act sets out the requirements for the healthcare system in order to ensure respect for the individual, their integrity and self-determination and to meet the need for 1) easy and equal access to the healthcare system.

Section 2(1)(5) of the Danish Health Act. The law sets out the requirements for the healthcare system in order to ensure respect for the individual, their integrity and self-determination and to fulfil the need for 5) easy access to information

Section 6(2) of the Social Supervision Act, cf. Consolidated Act No. 846 of 21 August 2019 Executive Order No. 536 of 2 May 2019 on social supervision, cf. Appendix 1, quality model criterion 14. The physical environment of the offer supports the development and well-being of citizens. Indicator 14.a: The citizens thrive in the physical environment. Indicator 14.b: The physical environment and facilities meet the special needs of the citizens.

Section 139 of the Danish Act on Social Services, cf. Consolidated Act no. 846 of 21 August 2019 Executive Order no. 1477 of 17 December 2019 on coverage, vouchers and quality standard for social treatment for substance abuse in accordance with section 101 of the Danish Social Services Act, section 3(1). The municipal council shall establish a quality standard for the municipality’s offer of social treatment for substance abuse pursuant to section 101 of the Social Services Act. Stk. 2. The quality standard shall contain comprehensive information about the programmes and services offered by the local council to persons seeking social treatment for drug abuse. The quality standard must describe the level of service in the substance abuse treatment area decided by the municipal council, including the political objectives and priorities behind the decision.

 

Action Plans

It is mandatory for the municipal authority to offer the preparation of an action plan pursuant to section 141 of the Danish Social Services Act when assistance is provided to citizens with significantly reduced physical or mental functional capacity or citizens with serious social problems who cannot or only with significant support can stay in their own home, or who otherwise need significant support to improve their personal development opportunities (section 141(2) of the Danish Social Services Act. 2.) The purpose of the section 141 action plan is to clarify the goal of the effort, to ensure a coherent and holistic effort and to clarify the obligations of all persons, agencies and administrative branches involved in the effort. In the field of substance abuse, it would be appropriate for several reasons to offer citizens the opportunity to draw up section 141 action plans. For those citizens with substance abuse who may not be covered by the requirement for an action plan, the preparation of action plans may be appropriate to ensure their participation and motivation and to involve relevant parties as early as possible in the process. [68] It is important for the treatment programme to clarify whether the citizen has a section 141 action plan and if so, to coordinate the social substance abuse treatment with it to ensure coordination across all offers and services.  As part of the overall action plan, a description of the substance abuse treatment should be included. If the citizen is in medical substance abuse treatment, the treatment plan for this treatment must be included as part of and coordinated with the overall action plan. The action plan cf. paragraphs 1 and 2 can be replaced by a holistic plan, cf. section 141(7), in the case of citizens with complex and multifaceted problems and where there is a need for coordination. The citizen must consent to the action plan being replaced by a holistic plan.

Overview:

  1. The municipality has a duty to offer treatment to people with a drug addiction. The social substance abuse treatment is handled by the municipalities according to sections 101 and 101 a of the Social Services Act.
  2. The offer of substance abuse treatment must be initiated within 14 days of the person with substance abuse contacting the municipality with a request for treatment.
  3. Medical treatment is authorised by section 142 of the Health Act, and the medical treatment is also covered by the guarantee that the offer must be initiated no later than 14 days after the citizen has contacted us.
  4. According to section 142 of the Health Act, the municipality must also offer people who wish to receive drug abuse treatment a free medical consultation. For people who need medical treatment, the consultation is mandatory.

2.2 Understanding boundaries, confidentiality and the duty to report in cases of harm or danger

A. Limits and confidentiality issues.

Therapeutic relationship – Doctor-patient confidentiality – legal and ethical obligations; exceptions/limits to confidentiality: duty to warn in case of a potential danger that will endanger the life of the patient or others, making information available, collaboration with another doctor or institution specialized in treating addictions, child abuse, courts, etc.

Therapeutic relationship – doctor-patient confidentiality legal and ethical obligations

The International Code of Medical Ethics states that the therapist “shall respect the patient’s right to confidentiality. It is ethical to disclose confidential information when the patient consents to it or when there is an imminent danger or threat to the patient or others and this threat can only be removed by breaching confidentiality.”

The therapeutic practitioner-patient relationship requires respect for confidentiality and the preservation of professional secrecy on all information given by the person.

Breaches of confidentiality raise legal issues and may lead to legal action for defamation, invasion of privacy or breach of contract.

The ethical principle of confidentiality ensures that medical information held about a patient is accessible only to those to whom the patient has given access by fully informed and autonomous consent.

Confidentiality may be breached if the information shared by the patient relates to a potential danger to public safety or if ordered by a court.

Exceptions to the obligation of confidentiality:

1. Duty to warn.

Materials and data collected may remain confidential, with several notable exceptions that must be explained to the patient.

If the patient poses a threat to himself or herself or to another person or is seriously affected by his or her disorder and is unable to care for himself or herself or the children in his or her care, we must report the risk to the appropriate authorities.

The most important exception is the duty to warn, which requires healthcare professionals to notify potential victims of the patient’s expressed intention to harm another person.

In this case the healthcare professional faces an ethical dilemma: breach of confidentiality versus duty to protect another potential victim. (welfare, non-harm)

Child abuse or abuse of a vulnerable person

All US states now require by law that, among other things, psychiatrists who believe that a child has been physically or sexually abused must immediately make a report to the appropriate agency.

It will also violate the principle of confidentiality to report abuse of a vulnerable person (elderly, disabled, etc.).


2. Making information available.

The patient must consent to the disclosure of information from their medical records before the healthcare professional can make that information available. The healthcare professional may invoke therapeutic privilege, but then the release must be made by a representative of the patient (usually the patient’s lawyer), in accordance with the relevant national law concerned.

Making information available for research purposes (studies, scientific articles, case presentations, etc.) Conditions under which personal data may be made public: the individual has agreed to the publication of the data; the individual has not objected; the interest of the research justifies the publication; the publication of the data is in accordance with the law and justified on public health grounds.

Availability of information in supervision situations (in psychological counseling training and in situations of doctors with limited competence: students, resident doctors, doctors with a specialty other than psychiatry or addiction).

By discussing the case with his or her supervisor, the student, resident physician or counsellor-in-training will violate the principle of confidentiality and the trust of his or her patient.

In such situations the trainee practitioner will inform patients that they are being supervised by a licensed psychiatrist or licensed trainer and ask for consent to release confidential information.

Making information available for health insurance and payment of health services

In order to obtain information with which to assess the administration and cost of various specialised substance use disorder treatment programmes, the insurer must have access to the medical data and documents held by the therapist or institution, as appropriate, in order to provide protection to the insured person.


3. Discussing patients in the best interests of the case.

Clinicians have an obligation not to disclose identifiable patient information without the patient’s informed consent. In most cases of substance use, managing the medical problem involves collaboration between several specialties. A second opinion also allows the clinician to obtain information about the standard of practice of the peer group. For this the patient will be informed that his/her consent is required for communication or discussion of the case with another colleague or institution. Whenever an examination or treatment is beyond his/her capabilities, the clinician will consult with a colleague or refer the patient to another clinician who has the necessary skills. (International Code of Medical Ethics)

Example 1: A general practitioner has limited powers to prescribe and treat substance use disorders or to establish a psychiatric condition related to substance use. For this he will consult with a psychiatrist disclosing data about the patient.

Example 2: a patient with psychiatric conditions requiring the presence of a legal guardian becomes a substance user, becomes pregnant in the meantime, but her mental state endangers the pregnancy. It is necessary to communicate this to the psychiatrist or gynecologist with the consent of the guardian.

Example 3: a general practitioner has a patient with schizophrenia with multiple admissions to a psychiatric clinic, who in the meantime develops a substance use disorder, the patient no longer presents for treatment of the underlying condition putting his health and life at risk. The general practitioner will consult with fellow psychiatrists about the course of action in this case, disclosing information about the patient.


4. Preventive disclosure (safeguard).

The healthcare professionals must report to the authorities in situations specifically provided for in the law.

Mandatory reporting of this kind will include, for example, the patient with epilepsy and chronic substance use disorders who drives a motor vehicle or works on a mechanized device (crane, forklift, etc.).


5. Witness status of the clinician (courts)

The clinician cannot disclose information as a witness about patients against their will.

Exceptions: hospitalization proceedings, examinations decided by a court (military or civil), custody hearings, malpractice claims.

A doctor will practice independent professional judgment and maintain the highest standards of professional behaviour towards patients.

The physician will be dedicated to providing competent medical care in full moral and professional independence, with compassion and respect for human dignity. He/she will behave honestly with patients and colleagues and will report to the authorities those physicians who practice unethically or incompetently or who engage in fraud or deceit. (International Code of Medical Ethics)