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Excluding only primary school students from drug tests! – New Algeria

In the latest issue of the Official Gazette (08), a decree was issued that specifies the conditions and methods for detecting the abuse of drugs and/or psychotropic substances in educational and training institutions. The latter specified the target groups for detecting the abuse of these toxins.

According to Article 3, students in national education institutions are subject to the provisions of this decree, with the exception of primary education students unless their best interests require it, in addition to students in higher education institutions and students who are trainees in education and training institutions.

These analyzes are carried out when pupils or students appear to have behavioral abnormalities or aggressive behavior towards teachers, their colleagues, or the administrative staff of the institution in question, or when there is reasonable suspicion that they are abusing drugs or psychotropic substances, according to the observations of professors, teachers, or administrative staff, as well as the observations of the detection and follow-up structures charged with health protection in educational and university settings and in vocational training and education during periodic health examinations, and they may include The tests stipulated in this decree shall be carried out for all students of the National Education Institution on the occasion of periodic health examinations.

Written consent to conduct analyzes on minors

To conduct the tests stipulated for a minor, it is required to obtain the written and clear consent of his legal representative. The consent of the pupil, student, or trainee who has reached the age of civil majority is required when it is decided to subject him to the tests stipulated in this decree. If the student, student, or trainee who has reached the age of civil majority uses substances classified as narcotics or psychotropic substances for medical or health reasons, the legal representative or person concerned must, if It is advisable to inform the doctor about this.

Activities for detecting and following up on early indicators of drug or psychotropic substance abuse shall be entrusted to medical personnel, including psychologists and paramedical personnel concerned in the detection and follow-up structures mentioned in the first paragraph of this article in cooperation with the institutions mentioned in this decree, provided that the conditions and methods for implementing this article shall be determined by a joint decision between the Minister in charge of health and the minister or ministers concerned. Subjecting to the analyzes mentioned in this decree, he will be informed that if he does not do so within the period specified by the director of the institution concerned, he will be referred to the literary council in accordance with the internal regulations of the institution concerned.

It is noteworthy that “the analyzes stipulated in this decree are carried out in complete confidentiality, respecting the privacy of those concerned, and not compromising their personal data,” provided that “they are conducted in laboratories licensed by the Ministry in charge of health in accordance with standards that guarantee the accuracy and reliability of the results. The analyzes relate to searching for the use of one or more of the substances classified as narcotics or psychotropic substances in the applicable regulation, and the analyzes may include examination Biological samples of blood, saliva, or other biological samples that allow for the detection of drug abuse or psychotropic substances. It is possible to verify the results of the tests based on QR code technology, which allows confirmation of the identity of the candidate who underwent the tests and the news of the tests and their results.

Subjecting addicted students to treatment

If the results of the tests reveal the presence of abuse of drugs or psychotropic substances, students, students, and trainees who have reached the age of civil majority are informed of the necessity of submitting to the remedial measures stipulated in Law No. 04-18, dated Dhul-Qi’dah 13, 1425, corresponding to December 25, 2004, mentioned above. If the matter concerns a minor, his legal representative shall be informed of this.

Article 17 prevents the concerned person from being subjected to any disciplinary or exclusionary measures on the part of the educational, learning, or training institution concerned if the results of the tests show the presence of abuse of drugs or psychotropic substances. On the other hand, Article 21 obliges educational institutions to adapt the internal systems of educational, teaching, and training institutions to the provisions of this decree within a maximum period of six months, starting from the date of its publication in the Official Gazette.

Fouad Q

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