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General Laws

Section 1. For the purposes of this chapter the following words shall, unless the context requires otherwise, have the following meanings:—

“Administrator”, the person in charge of the operation of a facility or a penal facility, or his designee.

“Advisory board”, the drug rehabilitation advisory board.

“Assignment”, the order of the court, pursuant to the defendant’s request, placing the defendant, if determined to be a drug dependent person who would benefit by treatment, in the care of a drug treatment facility.

“Department”, department of public health.

“Dependency related drug”, a controlled substance as defined in section one of chapter ninety-four C.

“Director”, the director of the division of drug rehabilitation.

“Division”, the division of drug rehabilitation.

“Drug”, any controlled substance as defined in chapter ninety-four C, or glue or cement, as defined in section nineteen of chapter two hundred and seventy.

“Drug dependent person”, a person who is unable to function effectively and whose inability to do so causes, or results from, the use of a drug other than alcohol, tobacco or lawful beverages containing caffeine, and other than from a medically prescribed drug when such drug is medically indicated and the intake is proportioned to the medical need.

“Drug offense”, an act or omission relating to a dependency related drug which constitutes an offense pursuant to section twenty-one or subdivision (1) of section twenty-four of chapter ninety, section eight of chapter ninety B, chapter ninety-four C or section sixty-two of chapter one hundred and thirty-one; provided, however, in the case of a juvenile this definition shall be applicable if said juvenile is charged with being delinquent by reason of an offense pursuant to said sections.

“Facility”, any public or private place, or portion thereof, which is not part of or located at a penal institution and which is not operated by the federal government, providing services especially designed for the treatment of drug dependent persons or persons in need of immediate assistance due to the use of a dependency related drug.

“Federal facility”, any place, or portion thereof, operated by the federal government, which is not part of or located at a penal institution providing services especially designed for the treatment of drug dependent persons or persons in need of immediate treatment due to the use of a dependency related drug.

“First drug offense”, that illegal act which stands pending for trial. Persons arrested for prior drug offenses in which the case has been terminated favorably to the defendant, shall be considered as a first drug offender.

“Independent psychiatrist”, a psychiatrist, other than one holding an office or appointment in any department, board, or agency of the commonwealth, or in any public facility or penal facility.

“Independent physician”, a physician, other than one holding an office or appointment, in any department, board, or agency of the commonwealth, or in any public facility or penal facility.

“Patient”, a person admitted to any facility for treatment.

“Penal facility”, an institution, or any part thereof, other than an institution, or any part thereof operated by the federal government, for the detention or confinement of persons accused or convicted of crime, including, but not limited to, jails, prisons, houses of correction and correctional institutions, providing services especially designed for the treatment of drug dependent persons.

“Physician”, a physician registered in accordance with chapter one hundred and twelve.

“Private facility”, a facility, other than one operated by the federal government, the commonwealth or any political subdivision thereof.

“Psychiatrist”, a physician who has board certification or board eligibility in psychiatry.

“Public facility”, a facility operated by the commonwealth or any political subdivision thereof.

“Sale”, includes but is not limited to any dispensing or distribution which constitutes an offense pursuant to the provisions of chapter ninety-four C.

“Tolerance”, a state in which increased dosage of a dependency related drug is required to produce the physiological and psychological effects of prior dosages.

“Treatment”, services and programs for the care and rehabilitation of drug dependent persons, or persons in need of immediate assistance due to the use of a dependency related drug, including, but not limited to, medical, psychiatric, psychological, vocational, educational, and recreational services and programs.

“Withdrawal”, the involuntary physical and psychological reaction or illness which occurs when the intake of a dependency related drug to which the user has developed a tolerance is abruptly terminated.

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