you don't send a person who has a substance abuse to jail, you send them to rehab

by Prof. Fletcher Kuhlman III Published 2 years ago Updated 1 year ago

Is drug addiction covered under Hipaa?

Substance abuse disorder treatment programs are subject to the privacy regulations imposed under 42 CFR Part 2, AND the HIPAA Privacy Rule. Covered entities must comply with each. When one regulation imposes a stricter standard than the other, the covered entity must follow the stricter standard.Feb 14, 2022

What do you do if your friend has a substance abuse problem?

Helping A Friend With A Drug AddictionTalk When They're Sober. Initiate a conversation when your friend is sober. ... Give Examples. Sometimes specific scenarios can provide a clear explanation for your concerns. ... Show Love And Support. ... Keep Words And Actions Consistent. ... Encourage Treatment.Aug 11, 2016

How do I start a Marchman Act in Florida?

The Marchman Act is initiated by filing a petition for involuntary assessment in the county court where the impaired individual resides. The petition must be filed in good faith by a person recognized by the court to do so.

What do you do when someone won't go to rehab?

How To Get A Drug Addict Into Treatment If He Refuses To Go?Try To Get Them into Court-ordered Treatment. ... Don't Make Threats. ... Be Their Friend. ... Be Confident That They Need Help. ... Offer Your Support and Encouragement During Treatment. ... Be Encouraging. ... Offer an Ultimatum. ... Allow Them To Go Voluntarily.More items...

How do you help a person who has an addiction?

The Dos and Don'ts of Helping a Loved One With an AddictionDo: Have Compassion. Addiction is a disease. ... Don't: Shame or Criticize. ... Do: Expect Difficulties. ... Don't: Expect Immediate Change. ... Do: Educate Yourself. ... Don't: Enable Your Loved One. ... Do: Seek Counseling or Therapy. ... Don't: Give in to Manipulation.More items...•Mar 31, 2020

What are the reasons people get addicted?

Certain factors can affect the likelihood and speed of developing an addiction:Family history of addiction. Drug addiction is more common in some families and likely involves genetic predisposition. ... Mental health disorder. ... Peer pressure. ... Lack of family involvement. ... Early use. ... Taking a highly addictive drug.

What is the criteria for a Marchman Act?

A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and, because of such impairment: (1)Has lost the power of self-control with respect to substance use; and either (2)(a)Has inflicted, or threatened or attempted to inflict, or unless ...

Can you refuse Marchman Act in Florida?

Use of the Marchman Act in Florida is also allowed when 3 adults who know of a person's substance use petition a judge for an involuntary commitment for treatment. However, even if a person uses substances a great deal, and refuses to go to treatment, this is not enough to invoke a Marchman Act.Apr 5, 2022

How does the Marchman Act work?

The Marchman Act is the nickname for a Florida Statute best known for its unique provisions that allow family members to petition the courts for mandatory assessment and treatment of someone who is abusing drugs or alcohol appear to be a danger to themselves or others.

What help can you get for an alcoholic?

Support Groups and HelplinesAl-Anon. Al-Anon provides support to anyone whose life is, or has been, affected by someone else's drinking, regardless of whether that person is still drinking or not. ... Alateen. Alateen is part of Al-Anon. ... Alcoholics Anonymous. ... Family Lives. ... The Samaritans.

How do I get my drunk husband out of the house?

A Family Abuse Restraining Order might be your best option to get him out of the main home you share with your children. You can get this right away as you don't need to have a divorce filed.

How do you do a family intervention?

An intervention usually includes the following steps:Make a plan. A family member or friend proposes an intervention and forms a planning group. ... Gather information. ... Form the intervention team. ... Decide on specific consequences. ... Make notes on what to say. ... Hold the intervention meeting. ... Follow up.

What is the importance of confidentiality in a doctor?

Doctor-patient confidentiality (doctor-patient privilege) is very important and occurs when you communicate with your doctor what your concerns are, what worries you about your health, and other personal information that typically occurs during a doctor’s visit. The information shared is protected. 5 If you tell your doctor that you have been using drugs or drinking alcohol in risky ways (e.g., while driving, or illegally) the doctor cannot have you arrested or send you to jail. HIPAA protects you from the provider sharing (disclosing) your information to non-treatment entities. 3

What is consent form?

Consent forms are very specific as to “who” the rehab staff can disclose your health information to and for what purpose. 4 Consent forms also clearly state the amount and kind of health information to be shared. 4 For instance, a person may want their spouse to be updated on their progress during treatment.

What is HIPAA law?

HIPAA, or Health Insurance Portability and Accountability Act of 1996, is a federal law that protects sensitive patient health information from being shared (disclosed) without a patient’s consent or knowledge. 1 This was initially created and inacted to help “improve the use ...

What is HIPAA's Privacy Rule?

To make HIPAA stronger, the US Department of Health and Human Services (HHS) developed HIPAA’s national standards with a Privacy Rule for all healthcare providers to follow as well as other “covered entities” (e.g., health plans, claims processing centers, utilization review, billing departments). 1. Don’t wait.

What is the privacy rule?

The Privacy Rule allows personal medical information to be processed in a standard format while protecting the privacy of people who seek health care. 1 If the person wishes to share their health information beyond the “covered entities” they have the right to give special permission.

What is HIPAA protection?

HIPAA protects you from the provider sharing (disclosing) your information to non-treatment entities. 3. Your health and the care you need are of the utmost importance to your doctor. Being honest about what has happened to you gives your physician the most accurate health information to help you.

What is protected health information?

There are some circumstances where protected health information could be disclosed prematurely or in an unusual manner. One example is if you receive care from a qualified service organization (QSOA) that provides multiple services, including a Part 2 program, that uses a Health Information Exchange (HIE) network. HIEs allow data to be shared among the organization to support your care (e.g., accounting, billing, laboratory, pharmacy). All QSOA’s enter into a written agreement and are bound by all 42 CFR Part 2 rules. 6

How many states allow involuntary treatment?

Each state enacts its own involuntary addiction treatment laws, and where your loved one suffering from addiction issues lives affects which laws apply. There are 37 states that allow parents to involuntarily commit their minor child for substance abuse treatment.

Can you go to rehab for substance abuse?

Unfortunately, not all individuals struggling with substance abuse issues are willing to seek professional treatment. Many family members of those who are struggling with addiction may wonder if they can send their loved one to rehab involuntarily if the addicted individual will not agree to enroll in a rehab program.

How many people are in jail for drug charges?

Of the 1 in 5 people incarcerated for drug-related charges, 456,000 of them are locked up for nonviolent crimes, such as possession charges.

How many people are incarcerated for drug related offenses?

According to the Prison Policy Initiative, 1 out of 5 people incarcerated is doing time for a drug-related offense. People who carry a record have a harder time meeting their basic needs. For example, looking for housing or finding a job often involves a background check.

Why do people go to drug rehab?

Drug rehab programs exist for the sole purpose of helping people separate from drugs and alcohol.

What is the legal system?

The legal system is tasked with handling drug-related cases in the United States. Any number of things involving drugs or even alcohol can result in legal action. Selling illicit substances often results in automatic legal action. Drug distribution of any kind is a serious offense.

Why do people spend time behind bars?

Spending time behind bars does little to support those with substance use disorders. It only provides a “time-out” before releasing them back to their environment without any tools to help them stay away from substances. If anything, people often return to their old way of life with a new method to avoid getting caught again.

What are the penalties for first time drug use?

Potential penalties for a first-time charge include a $5,000 fine and up to a year in prison.

Is it better to go to jail or rehab for drug addiction?

Drug addiction is a deep-seated issue. It’s not easy to stop and people can’t “just quit using,” as some may believe. Drug rehab is a much better alternative to jail time for many people struggling with addiction.

What is nonresidential drug abuse treatment?

Held in a group setting, nonresidential drug abuse treatment is for inmates who have short sentences, have had a positive urinalysis exam, may not meet the criteria for a more extensive treatment program, or are nearing release from prison.

What percentage of people in jail have mental health issues?

Many people with addiction also have a mental health disorder, such as depression or post-traumatic stress disorder. About 45 percent of inmates in local jails and state prisons simultaneously grapple with a substance use and psychological disorder, according to the National Institutes of Health.

Who is Matt Gonzales?

Matt Gonzales is a writer and researcher for He graduated with a degree in journalism from East Carolina University and began his professional writing career in 2011. Matt covers the latest drug trends and shares inspirational stories of people who have overcome addiction. Certified by the Centers for Disease Control and Prevention in health literacy, Matt leverages his experience in addiction research to provide hope to those struggling with substance use disorders.

Do prisons help with addiction?

However, many prisons do not provide inmates who battle addiction with proper evidence-based treatment that could save their lives. Medication-assisted treatment, which can help control withdrawal symptoms during detox, is uncommon in U.S. prisons. Research shows that in-prison treatment can save lives.

What is community treatment?

Community treatment services provide continued care to individuals released from prison who enter halfway houses or home confinement. Through the program, certified addiction specialists and specialized agencies offer services such as crisis management and mental health therapy.

Can a prisoner overdose on drugs?

Upon their release, prisoners with substance abuse issues often return to environments that trigger drug cravings. This can lead to continued drug use and overdose.

What are the symptoms of detox?

During this process, individuals experience withdrawal symptoms that may include insomnia, diarrhea, cramping and hallucinations. Some prisons employ medication-assisted therapy to help inmates deal with these symptoms.

Which prison has the lowest reoffending rate?

Bastoy Prison, Norway. the lowest reoffending rate in all of Europe. inmates live in individual homes, not crammed together. support prisoners and offer them help rather than just punishing them for their crimes. treat them like human beings and respect them. want to make prisoners as comfortable as possible.

How long does fentanyl last?

Fentanyl is a pain medication that can be prescribed to patients with severe or chronic pain. Side effects typically last for no longer than a couple of hours, which is why users will mix it with other drugs like heroin or cocaine.

Why do opioids cause addiction?

So while pain is being relieved, opioid addiction risks become high because those receptors are being told that they can’t live without opioids.

How do drugs affect the brain?

Drugs affect the brain’s “reward circuit” that causes the feeling of pleasure, like getting high off drugs and entering a state of euphoria. This is why you want to do it again and again and again. Genetics can play a huge role in addiction too.

Where is the most meth produced?

According to the United Nations, Canada is actually the world’s largest producer of ecstasy and methamphetamines, and 85% of meth seized in Australia has been traced back to Canada.

Does alcohol affect the brain?

Drugs and alcohol ultimately change a person’s brain to the point where the brain thinks it needs it. Even though repeated use leads to harmful or severe health issues, the brain still thinks it needs the drug .

Is there a cure for HIV?

These diseases are transmitted through the blood and worst of all, there is no cure.

What is drug rehab?

In drug rehab, patients have access to counselors, peers who are going through similar experiences and services that jail typically does not provide. Access to counselors, therapy and rehabilitation services, and resources makes the recovery process much easier.

What is the treatment program for substance abuse?

Treatment Programs Focus On Improving The Patient’s Way Of Life. There are many reasons why a person may become addicted to substance use. Drug rehab programs focus on determining the underlying reason (s) for substance use and work to improve these underlying concerns.

Should drug addicts go to jail?

There are ongoing debates within politics and court systems as to whether or not drug addicts should be sent to jail or to a rehabilitation program. Studies suggest that drug and alcohol abusers are much more likely to recover by being sent to rehab rather than prison. Unfortunately, the fallacy that jail can scare and encourage them ...

How Drug Possession Became Criminalized

At one time, drug addiction was viewed as a social problem rather than a criminal one. In the middle of the 20th century, few people got imprisoned and, according to NPR, the ones who did, served short sentences.

When Prison is Appropriate

There is a strong correlation between substance use and crime, outside of the actual possession of illegal drugs. This is particularly evident when the use of drugs or alcohol directly endangers the lives of others.

The Death of a Basketball Star and Drug-Induced Homicide

In the realm of sports, Len Bias is perhaps the best example of an all-too-common trope: the budding star who suffers a tragic fall.

Why Professional Drug Treatment is the Best Solution

Sending a non-violent drug offender to jail rather than treatment does not make fiscal sense. The National Institute on Drug Abuse (NIDA) states that drug abuse treatment is cost-effective in that it not only reduces drug use but that it also brings about health care savings.

How Professional Treatment Can Help You

Professional treatment can offer someone struggling with an addiction a continuum of care that accomplishes the following: removes the addictive substance from the body, treats the withdrawal symptoms safely and effectively, and provides evidence-based counseling and therapy designed to uncover the underlying cause of the person’s substance abuse issue..

What happens if you don't plead guilty to drug charges?

All individuals put into a court-ordered treatment program on drug-related criminal charges, including charges their families have made against them, have to complete their treatment as part of their punishment. If they fail to do so, they face prosecution for their crime to the fullest legally permissible extent (in cases of deferred prosecution programs). They may plead guilty, but they will face the conviction and fine that come with the plea. Depending on the judge, the sentence pronounced may be harsher if someone has failed a treatment program. If the person pleaded guilty before the court ordered rehab, they are taken back to court to face sentencing based on their earlier plea (post-adjudication program). They will likely face a minimum of the sentence previously served, although this is subject to adjustment by the judge as they failed to complete treatment. They can change their plea to “not guilty,” if they choose, but their case probably won’t be successful given the circumstances.

What is court ordered rehab?

Court-ordered rehab is something the defendant of a drug-related crime might have to do in lieu of going to jail. If the judge and the prosecution believe that a defendant would benefit from rehab, they would rather try to help that person than put them in jail.

How effective is court ordered rehab?

Court-ordered treatment is frequently an effective way to shock a loved one into realizing what problems their abuse has caused. In this situation, most people will get serious about treatment. This may not guarantee a successful outcome, but there is no fail-safe approach to addiction treatment. Only the commitment and willpower of the person in recovery can ensure positive results. Court-ordered rehab forces them into circumstances, in which they have to consider becoming and staying sober. This is often a crucial first step, as they come to see the possibility of leading a full, satisfying life free of drugs and legal troubles.

What is an emergency court order?

An emergency court order requires a screening investigation, in which both police officers and addiction professionals take part. The person is taken into custody to determine if they qualify for an emergency order. If they are found unable to control their actions, use drugs every day, are suffering from health problems caused by drug abuse, and behave in ways that threaten the health and safety of those around them, an emergency court order becomes a distinct possibility. A court hearing will be scheduled, at which the addict’s family plead their case. The authorities have the last word.

Is mandatory rehab effective?

However, the effectiveness of court-mandated treatment hinges entirely on intrinsic motivation – that is, the motivation of the person in rehab, not external factors. Data of the NIDA and Department of Veterans Affairs Health Services Research and Development Service show that mandatory rehab is just as effective as voluntary rehab. A group of men who underwent court-appointed treatment for alcohol and drug problems reported lower levels of motivation at the beginning of rehab. However, their rates of employment, re-arrest, and abstinence five years later were the same as those of peers who had undergone voluntary rehab.#N#Results of shorter-term studies have shown similar outcomes. A study by the National Criminal Justice Reference Service on coerced treatment effectiveness stated that the person in treatment ultimately “decides upon the outcome” even though court-appointed rehab and other coercive methods of treatment were often shown to be effective approaches to motivate a person to change for the better. Basically, if a person feels no need or doesn’t want to change, they aren’t likely to do so.

What is a nonviolent crime?

The crime was nonviolent. The crime committed was a direct or indirect result of dependence on drugs. The court believes the person would benefit from drug or alcohol rehab. The person qualifies for a probation sentence.

What is the definition of addiction?

The person was addicted to some substance or alcohol at the time in which the crime was committed. The crime committed was directly or indirectly as a result of the person’s dependence on drugs or alcohol. The person is of a disposition that will benefit from drug and alcohol treatment.

How many people need treatment for addiction?

What to Say to Someone Who Has an Addiction. According to the National Institute on Drug Abuse, 23.5 million people age 12 and over need treatment for a drug or alcohol problem. Of these, approximately 2.6 million people actually received treatment. With the epidemic of drug, alcohol and other addictive behaviors in this country, ...

What is intervention in addiction?

An intervention is a structured, confrontational meeting led by specially trained personnel. The person leading the intervention creates a group of family, friends and others close to the addict and coaches them on how to confront the loved one about their addiction.

Why is family important in recovery?

Family is an important part of your recovery. We work with both addicts and their families to help everyone understand the nature of addiction and how family support can help addicts stay sober once they complete their treatment at 12 Keys. A healthy body is also essential for a healthy life.

What is addiction in psychology?

Addiction is a disease caused by a complex set of genetic, family and psychological factors. It’s not a character flaw or a problem with will power. An addict can’t “just stop” abusing substances through sheer willpower without doing some kind of work to recover from the effects of addiction.

Where is 12 Keys located?

12 Keys is a rehab center located along Florida’s beautiful coast. We offer a compassionate approach to substance abuse recovery that includes holistic treatment, traditional 12-step meetings and a method of helping people discover a new, healthy lifestyle.

What is a dual diagnosis?

Dual diagnosis, or a diagnosis of substance abuse and a second diagnosis of a mental health issue, is quite common. Knowing that addiction is a disease just like cancer, diabetes, M.S. or another debilitating disease, can make it a little easier to talk to your addicted friend. What would you say to a friend who just found out they have breast ...

Is addiction a mental health issue?

Certainly, psychological factors play a role in addiction, but it’s not simply a mental health issue. Many people who do have underlying mental health issues self-medicate with substances. People with mood disorders are more likely to drink or take drugs like marijuana to self-soothe.

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