Patient licence

Patients wishing to receive diacetylmorphine-assisted treatment must obtain a licence from the FOPH.

Article 3e, paragraph 3 of the Narcotics Act (NarcA; RS 812.121) specifies that diacetylmorphine may only be prescribed for persons dependent on narcotics who have failed to respond to other forms of treatment or whose state of health precludes other forms of treatment. Before starting on their treatment, they must obtain a licence from the FOPH.

Content of the request

For a patient licence to be granted, the following conditions must be fulfilled:

• The admission criteria as per Article 10, paragraph 1 NarcAO must be fulfilled (apart from the exceptional cases set out in Article 10, paragraph 2 NarcAO), In other words, the patient must:

- be at least 18 years old

- have had severe heroin dependency for at least two years;

- have interrupted or failed at least two attempts at a different recognised outpatient or inpatient treatment and

- present psychological, physical or social deficits.

• The request must be submitted and signed by a physician licensed to prescribe diacetylmorphine as per Article 18, paragraph 1 NarcAO. The doctor holding a valid licence on the basis of Article 18, paragraph 1 NarcAO is to take charge of the medical care.

• The relevant cantonal authority as per Article 3e, paragraph 1 NarcA (the authority that issues the cantonal licences) does not raise any objection. As per the request form, the signature of the cantonal physician is required on the first request to commence treatment.

• The diacetylmorphine-assisted treatment is performed in an institution that holds a valid licence as per Article 16 NarcAO.

• The documents submitted with the request must also contain the following information (Article 9 NarcAO):

- Name and address of the treating physician (i.e. the holder of the licence);

- Surname and first name of patient;

- Gender of patient;

- Date of birth of patient;

- Place of origin of patient;

- Home address of patient;

- Address where the patient will be staying temporarily;

- Remitting body;

- In the event of admission to hospital, the name and address of the institution.

- The request must specify the envisaged duration of the licence (no more than five years).

The request for admission to diacetylmorphine-assisted treatment must be submitted by the medical director of the institution on behalf of the patient.

No fee is charged for issuing the patient licence (Article 40, letter d NarcAO)

The form (PDF, 254 kB, 31.03.2023) must be sent to [e-mail]

 

Expiry of the licence

The licence granted to the patient will expire at the patient’s request or if the latter withdraws from the programme on the advice of the treating physician.

Withdrawal of the licence

The patient’s licence may be withdrawn:

• if he/she consumes narcotics without a medical prescription within the institution;
• if he/she hands over or sells to third parties preparations that have been provided as part of the therapy;
• if he/she makes threats or commits acts of violence against members of the nursing staff or other persons in the institution;
• if he/she repeatedly refuses to follow ancillary treatment on principle or refuses to accept care and support in general:
• if he/she breaches other legal provisions or internal provisions of the institution.

Documents

Information on requests and licences (in French) (PDF, 204 kB, 11.04.2023)

Request for a patient licence (in French) (PDF, 254 kB, 31.03.2023)

Legislation

Article 3e, paragraphs 1 and 3 of the Federal Act of 3 October 1951 on Narcotics and Psychotropic Substances (Narcotics Act, NarcA; RS 812.121)

Articles 9, 10, 21, 22 and 23 of the Ordinance of 25 May 2011 on Narcotics Addition and other Addiction Disorders (Narcotics Addiction Ordinance, NarcAO ; RS 812.121.6) (in French, Italian or German)

Further information

Last modification 06.07.2023