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(1) Heroin addiction is a unique national problem of

2 unparalleled gravity and growing proportions for which no

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entirely satisfactory medical, social, or legal solutions pres

4 ently exist. Every effort must be made to decrease the spread

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of addiction and the number of addicts in this country.

(2) Present research on the nature and causes of heroin addiction is inadequate and should be improved.

8 (3) With respect to confirmed and habitual addicts, 9 attempts to make heroin unavilable have resulted in a large "black market" in illegal heroin which is dominated by orga

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nized criminals and racketeers who derive substantial reve12 nues from this trade, and who are thus encouraged to pro13 mote heroin addiction among persons who are not addicts. (4) With respect to confirmed and habitual addicts, a 15 policy of limiting the availability of heroin without provid16 ing curative treatment of a less dangerous substitute results 17 in addicts supporting their needs through violent crime 18 against the persons and property of innocent citizens. 19 (5) Heroin related crime occurs during the heroin20 seeking phase of addiction and not during periods of heroin 21 induced euphoria. This is a result of the policy of restricting 22 the addict's access to the drug rather than of the addiction 23 itself.

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(6) A national policy allowing States and political sub25 divisions to establish, in their discretion, comprehensive

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1 treatment centers for narcotic addict rehabilitation, research, 2 and maintenance, with adequate controls administered by 3 qualified medical personnel over the types and quantities of 4 heroin or heroin-substitutes made available to proven ad5 diets, with supplementary programs and services, including psychiatric counseling and vocational rehabilitation services, 7 with proper controls over the activities of certified addicts 8 receiving maintenance and other treatment, and with protec9 tion for addicts and for innocent citizens who may be exposed 10 to addicts receiving maintenance will result in

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(A) better understanding of the social, medical, and legal causes and consequences of heroin addiction in

the Nation;

(B) better control over addicts for whom no cure is presently available, by encouraging their voluntary participation in treatment and research programs;

(C) reduction of crime committed during the heroin-seeking phase of addiction;

(D) increased effectiveness of law enforcement efforts against organized criminals and racketeers who

exploit the needs of addicts, and concentration of law enforcement's limited resources on violent and dangerous

crime:

(E) eventual elimination of the "black market" in illegal heroin; and

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(F) development of more effective methods of prevention, treatment, and cure through increased research

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on the causes and cures of heroin addiction.

SEC. 3. Part D of the Community Mental Health Cen

5 ters Act is amended by adding at the end thereof the follow

9 "SEC. 257. (a) To provide medical and other assistance 10 to narcotic drug addicts and to reduce the incidence of crimi11 nal activities related to drug addiction, the Secretary is 12 authorized to establish a program under which heroin, metha13 done, and any other drug designated by the Secretary may 14 be administered to individuals determined under regulations to be narcotic drug addicts.

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"(b) Under such program the Secretary

"(1) may authorize the administration of such drugs only in public or nonprofit private centers or fa

cilities established or operated with assistance under this

part or part A or B of this Act or in any other medical facility which he may designate;

"(2) shall require that each drug program in each center or facility be under the direction of a physician trained to treat narcotic addiction and provide for addicts

in such program trained personnel to provide vocational

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counseling, individual and group therapy, confrontation sessions, and appropriate education programs;

"(3) shall require that each center or facility be

open at all times for the administration of such drugs; "(4) shall require that such drugs be administered

in such centers or facilities and only to individuals who are determined under regulations to be narcotic drug addicts and who are required by the center or facility

to participate regularly in appropriate rehabilitation

programs;

"(5) shall require that each center or facility provide appropriate medical or other facilities and personnel to assist addicts in totally withdrawing from their drug addiction;

"(6) shall require that before heroin is administered to any individual a psychiatrist or other physician trained to treat narcotic addiction determine that the

condition of such individual's addiction is such that other

treatment, including methadone, will be unsuccessful;

“(7) shall require that each center or facility keep 21 appropriate records in accordance with subsection (c) 22 concerning persons receiving drugs at such center or

"(c) (1) A complete medical, social, occupational, and

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1 family history shall be obtained as part of the diagnosis. 2 classification, and treatment of a patient in a drug program 3 established in a center or facility under this section. Copies 4 of all pertinent records from other agencies, practitioners, in5 stitutions, and medical facilities should be obtained in order 6 to develop a complete and permanent confidential personal 7 history for purposes of the patient's treatment.

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"(2) All patient records (including all records relating

9 to any commitment proceeding) prepared or obtained under 10 this subsection and all information contained therein, shall 11 remain confidential, and may be disclosed with the patient's 12 consent only to medical personnel and only for purposes of 13 diagnosis and treatment of the patient or to Government or 14 other officials for the purpose of obtaining benefits due the 15 patient as a result of his drug abuse or drug dependence. Dis16 closure may be made for purposes unrelated to such treat17 ment or benefits upon an order of a court after application 18 showing good cause therefor. In determining whether there 19 is good cause for disclosure, the court shall weigh the need 20 for the information sought to be disclosed against the possible 21 harm of disclosure to the person to whom such information 22 pertains, to the physician-patient relationship, and to the 23 treatment services, and may condition disclosure of the in24 formation upon any appropriate safeguards. No such records