(Dieser Artikel ist auch in deutscher Sprache verfügbar)

On 1 March 2007 the Austrian Department of Health enacted its highly controversial revision of the Narcotic Substances Act, thus provoking an immediate outcry from both the medical and pharmaceutical associations and privacy experts.

The draft has also been heavily criticised in the run-up to its execution in 2006, Dr Hans Haltmayer, vice-president of the Austrian Association for Medically Supported Therapy for Addicts (ÖGABS, Österreichische Gesellschaft für die arzneimittelgestützte Behandlung von Suchtkranken) describing the amendments as "the ultimate worst case scenario from a medical point of view". In order to receive substitution therapy, under the new law, patients have to agree to have their intimate personal data transmitted by their attending physician. Otherwise they won't receive their medication. In other words: if you require a substitute drug, you lose your right to the legal requirement concerning your confidential medical communication. This clearly constitutes an infringement of the European Convention of Human Rights (Article 8, Right to Respect for private and family life) (Article 23b/6).

"In terms of privacy, this new act is a total disaster", says Hans Zeger from Arge Daten. Especially worrying is the amendment concerning a certificate of substitution (Substitionsnachweis) compulsory for all substitution patients, a contract including entries about the sort of substitute drug, validity period of prescription, dose rate, mode of distribution, and regulations concerning the take-out dose. Doctors and pharmacists can be prompted to transmit these detailed histories of therapy and distribution to the authorities and third parties, with a retention period of three years. The data are to be processed in a centralised national register of the Ministry of Health (Article 23j). The attending physicians have to register all cases of substitute therapy in this index, including all personal data of patients.

Supporters of the new regulations and the legislator argue that the amendments and the adopted monitoring control system are thought to result in a reduction of the misuse and abuse of the issued substances; they want to prevent Doctor Shopping, multiple prescriptions and illegal trafficking with prescribed drugs. It is also true that detailed documentation of therapy will result in improved and more effective therapies with substitute drugs. According to Dr Franz Pietsch, Austria's National Drug Coordinator: "I cannot see any contradiction between our goal to extend our substitution program and these newly introduced restrictive measures. They have been called for by many drug-experts and, despite controversial discussions in this field, constitute a professional and well-balanced consensus." What is especially puzzling about these regulations is the obvious and required incapacitation of patients - and doctors - as a prerequisite to start therapy. Thus, instead of offering more and easier access to substitution therapies for already stigmatised addicts, they create even more obstacles. Haltmayer sums up the consequences: "Fewer addicts in the clinics, more addicts on the streets. Let's not forget that the untreated addict is the biggest threat to self and others."

Implications for patients are clear: if they do not accept the conditions of the program, they will receive no treatment. What are the choices? To describe this as the "patients' consent to the further use and processing of their private and sensitive data" is disturbing. Especially substitution programs have high drop out-rates, and these are going to rise with increased surveillance. People in need of such programs are understandably trying not to draw attention to their problems. Now that existing or potential employers or landlords can access their personal data, chances are that many addicts will drop out of therapy or never even consider starting it. What is more, public authorities could refuse certain social services to people on the grounds that they are registered as substitute drug patients.

There is more trouble ahead concerning the restrictive regulations about providing patients with substitutes for a period of time (Mitgaberegelung): patients have to consume the substitutes under the supervision of their physician or pharmacist on the professionals' premises on a daily basis. This makes it hard for addicts to hold down a regular job; exceptions to this regulation depend on the duration of continuous treatment and an existing employment or apprenticeship. Despite Dr Pietsch's statement that "these restrictive regulations about providing patients with substitute drugs are not meant to impair the patients' work-related, housing-related and social environments any more than necessary", instead of providing more and easier access to substitution-therapies they create even more obstacles for already stigmatised patients.

Physicians find themselves in a predicament as well: left with the choice of infringing either the Federal Act on Medical Profession or the Narcotic Substances Act, many Austrian doctors have already dropped out of the (scarce) substitution programs - which leaves many patients with little to no chance for therapy, especially in rural areas.

In the run-up to the amendments Dr. Rolf Jens, president of the Vienna GP Medical Association, pointed out: "It will become impossible for us physicians to attend to patients in the best possible way according to medical law and scientific state-of-the-art without violating the Narcotic Substances Act. To participate in substitution therapies will become increasingly difficult and extremely risky for physicians."

Hans-Joachim Fuchs, a practitioner based in Vienna, is preparing to file a complaint to the Constitutional Court; he doubts the new law is in accordance with the Austrian Constitution. He said in an interview with the Austria Press Agency that already over twenty physicians, patients and relatives were supporting his petition. He is confident that the Constitutional Court will reach an agreement to revise the amendments or at least parts of them.

This view is supported by Arge Daten. "We have examined the legal aspects of the amendments very carefully and come to the explicit conclusion that there exists absolutely no legal basis for the extensive release from the physician's obligation to confidentiality," says Hans Zeger.

The Austrian Department of Health, however, is not impressed: they argue the data are recorded, retained and transmitted for the protection and the well-being of the patients; no revision of the amendments are planned. Apparently drug addicts in Austria are expected to consider themselves lucky to receive treatment at all. In essence this fringe group is asked to do without their basic rights (and who will be next?).

The amendments are only one example in the increasingly bold thrusts into the enforceability of scurrilous intrusions of basic rights: alarming harbingers of a system of minimal health care devoid of privacy and human dignity.

Arge Daten: "Therapy only without Privacy - the new road to a two-class health care system" (only in German, 17.04.2007)
http://www2.argedaten.at/php/cms_monitor.php?q=PUB-TEXT-ARGEDATEN&...

A huge step backwards for substitution therapies (only in German, 02.2006)
http://www.medical-tribune.at/dynasite.cfm?dssid=4169&dsmid=73402&...

Plattform Drogentherapie: Framework of the new Narcotic Substances Act (only in German)
http://www.drogensubstitution.at/expertenmeinung/rahmenbedingungen-der...

Amendments to Substitution Therapies: increased surveillance, stricter rules (only in German, 2007)
http://www.aerztewoche.at/viewArticleDetails.do?articleId=5760

The New Narcotic Substances Act: Worst Case Scenario or a Storm in a Teacup? (only in German, 2007)
http://www.aerztewoche.at/viewArticleDetails.do?articleId=4212

Substitute therapies abandoned by physicians (only in German, 2007)
http://orf.at/070417-11352/index.html

Narcotic Substances Act condemned by the Vienna Medical Association (only in German, 17.04.2007)
http://wien.orf.at/stories/186186

Federal Law Gazette of the Austrian Republic; Amendments to the Narcotic Substances Act (only in German, 1.03.2007)
http://www.sbg.ac.at/ver/links/bgbl/2007b050.pdf

(Contribution by Andreas Krisch, EDRI-member VIBE!AT - Austrian Association for Internet Users )