Health and Safety Code

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State of San Andreas
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Health and Safety Code

Fri May 04, 2018 9:09 pm

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SAN ANDREAS
HEALTH AND SAFETY CODE


PRELIMINARY PROVISIONS

1. This document shall be known as the Health and Safety Code.

2. This code takes effect on the date of its adoption and is not retroactive unless expressly declared.

3. Any person punished for an act committed prior to the adoption of this code shall continue to serve their punishment as if this code had not been adopted.

4. Whenever this code mentions something defined or described in another part of this code or any other law, it shall be understood to refer to and reference that law, unless expressly defined or described otherwise.


DIVISION 1. HEALTHCARE
Chapter 1. Clinics

10. A clinic is an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility.

11. A clinic is privately owned and operated.

Chapter 2. Hospitals

12. A hospital is a health facility having an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services.

13. A hospital may be publically owned by a government agency or directly by a private organization that is licensed to operate it.

Chapter 3. Emergency Medical Services

14. Emergency Medical Services consists of prehospital healthcare and transport to a hospital by an Emergency Medical Services agency. Emergency Medical Services is of two kinds, basic life support, meaning emergency first aid and cardiopulmonary resuscitation procedures, and advanced life support, meaning special services designed to provide definitive prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other medicinal preparations, and other specified techniques and procedures at the scene of an emergency, during transport to a hospital, during interfacility transfer, and while in the emergency department of a hospital until responsibility is assumed by the emergency or other medical staff of that hospital.

15. An Emergency Medical Technician is an individual trained in all facets of basic life support.

16. A paramedic is an individual trained to provide advanced life support.


DIVISION 2. MENTAL HEALTH
Chapter 1. Involuntary Evaluation

30. When any person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, emergency medical technician, or physician, may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a mental healthcare facility for three hours for evaluation.

31. The mental healthcare facility shall require an application in writing stating the circumstances under which the person's condition was called to the attention of the peace officer, emergency medical technician, or physician, and stating that the peace officer, emergency medical technician, or physician has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled.

32. Any person alleged, as a result of mental disorder, to be a danger to others, or to himself or herself, or to be gravely disabled, may be ordered by a court to be placed into a mental healthcare facility for three hours for evaluation.

Chapter 2. Intensive Treatment

33. If a person is detained for evaluation and has received an evaluation, and he or she is determined by a physician or psychologist to be a danger to others, or to himself or herself, or gravely disabled, he or she may be certified for not more than four days of intensive treatment related to the mental disorder.

34. For a person to be certified for intensive treatment, a notice of certification shall be signed by a physician or psychologist who participated in the evaluation.

35. A person certified for intensive treatment may, through a court, request judicial review by habeas corpus, and may be appointed counsel by the court.

Chapter 3. Imminently Dangerous Persons

36. At the expiration of the intensive treatment, a person may be confined for further treatment for an indefinite period if the person attempted, inflicted, or made a serious threat of substantial physical harm upon the person of another after having been taken into custody, and while in custody, for evaluation and treatment, and who, as a result of mental disorder or mental defect, presents a demonstrated danger of inflicting substantial physical harm upon others.

37. A court may extend treatment to an indefinite period if it finds the person, as a result of mental disorder or mental defect, presents a demonstrated danger of inflicting substantial physical harm upon others, even if he or she did not attempt, inflict, or make a serious threat of substantial physical harm upon the person of another.

Chapter 4. Restraint and Seclusion

38. Patients confined for psychiatric evaluation or treatment, whether voluntarily or involuntarily committed, may be restrained or confined.

39. Restraint or seclusion may only be imposed to ensure the immediate physical safety of the patient or others and must be discontinued at the earliest possible time.

40. Psychotherapeutic drugs may be used used as a chemical restraint in an emergency which threatens to bring immediate injury to the patient or others. If a chemical restraint is administered during an emergency, such medication shall be only that which is required to treat the emergency condition and shall be provided in ways that are least restrictive of the personal liberty of the patient and used only for a specified and limited period of time.


DIVISION 3. CONTROLLED SUBSTANCES
Chapter 1. General Provisions

50. A controlled substance, unless otherwise specified, is a drug, substance, or immediate precursor which is listed in any schedule.

51. The controlled substances listed or to be listed in the schedules in this chapter are included by whatever official, common, usual, chemical, or trade name designated.

Chapter 2. Controlled Substance Schedules

52. Controlled substances are categorized into four schedules:
  • (1) Schedule I--substances with a high potential for abuse and no medical use;
    (2) Schedule II-- substances with a high potential for abuse and physical or psychological dependence;
    (3) Schedule III--substances with some potential for abuse and physical or psychological dependence; and,
    (4) Schedule IV-- substances with a low potential for abuse and physical or psychological dependence.
53. The following controlled substances are included in Schedule I:
  • (1) Heroin; and,
    (2) Cocaine base.
54. The following controlled substances are included in Schedule II:
  • (1) Cocaine; and,
    (2) Methamphetamine.
55. The following controlled substances are included in Schedule III:
  • (1) Anabolic steroids; and,
    (2) Morphine;
56. The following controlled substances are included in Schedule IV:
  • (1) Marijuana.
Chapter 3. Prescriptions

57. A prescription for a controlled substance shall only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her professional practice. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription.

58. No person other than a physician shall write or issue a prescription.

59. Any person who knowingly writes an unlawful prescription, or who obtains or uses a false prescription, shall be punished by imprisonment in the state prison for two days.

60. No controlled substance classified in Schedule III shall be dispensed without a prescription.

Chapter 4. Possession and Trafficking

61. (a) Any person who possesses or purchases any controlled substance classified in Schedule I or II, or who possesses or purchases any controlled substance classified in Schedule III without the written prescription of a physician, shall be punished by imprisonment in a county jail for 60 minutes.

(b) Any person who possesses or purchases for purposes of sale any controlled substance shall be punished by imprisonment in the state prison for four days.

62. Any person who transports, imports, sells, furnishes, administers, or gives away, or offers to transport, import, sell, furnish, administer, or give away, or attempts to import or transport any controlled substance, shall be punished by imprisonment in the state prison for four days.

63. Any person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance and who then sells, delivers, furnishes, transports, administers, or gives any other liquid, substance, or material in lieu of any such controlled substance shall be punished by imprisonment in a county jail for 60 minutes.

64. (a) Any person who possesses not more than 28 grams of marijuana shall be punished by a fine of one thousand dollars ($1,000).

(b) Any person who possesses more than 28 grams of marijuana shall be punished by imprisonment in a county jail for 30 minutes.

(c) Any who possesses for sale any marijuana shall be punished by imprisonment in the state prison for two days.

65. Any person who transports, imports, sells, furnishes, administers, or gives away, or offers to transport, import, sell, furnish, administer, or give away, or attempts to import or transport any marijuana shall be punished by imprisonment in the state prison for three days.

66. Any person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, shall be punished by imprisonment in the state prison for two days.

67. Any person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance, shall be punished by imprisonment in the state prison for five days.

68. Any person who loiters in any public place in a manner and under circumstances manifesting the purpose and with the intent to engage in drug-related activity shall be punished by imprisonment in a county jail for 30 minutes. Among circumstances that may be considered in determining whether a person has the requisite intent to engage in drug-related activity are that the person:
  • (1) Acts as a "look-out";
    (2) Transfers small objects or packages for currency in a furtive fashion;
    (3) Tries to conceal himself or herself or any object that reasonably could be involved in an unlawful drug-related activity;
    (4) Uses signals or language indicative of summoning purchasers of illegal drugs;
    (5) Repeatedly beckons to, stops, attempts to stop, or engages in conversations with passersby, whether on foot or in a motor vehicle, indicative of summoning purchasers of illegal drugs;
    (6) Repeatedly passes to or receives from passersby, whether on foot or in a motor vehicle, money or small objects;
    (7) Has a previous conviction of any violation involving the use, possession, or sale of any controlled substance; or,
    (8) Is in a high drug activity geographic area.
Chapter 5. Users of Controlled Substances

69. Any person who possesses a pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking any controlled substance, other than marijuana, shall be punished by imprisonment in a county jail for 30 minutes.

70. Any person who uses, or is under the influence of any controlled substance, other than marijuana, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances, shall be punished by imprisonment in a county jail for 30 minutes.

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