The draft law initiated by two PSD MPs on drug testing through unannounced inspections in schools and which caused controversy in the public space, has been amended and is to be submitted to parliament. According to the project, the police will be able to carry out surprise inspections in schools, high schools and universities at the request of the heads of educational units or the school inspectorate of the district, and will also be able to randomly test students using saliva tests.

The main provisions of the draft law, which will be discussed in the parliament:

• Police officers will be able to carry out unannounced inspections of schools, secondary schools and universities at the request of heads of education units or the district school inspectorate, and will be able to randomly test students using non-invasive saliva tests.
• The agreement on conducting these tests will be included in the educational contract of each educational institution, which will be signed by parents and students.
• As for biological testing, it will be conducted only with the consent of parents or, depending on the circumstances, students.
• A psychologist will also participate in the drug testing that the police conduct in schools.

What the legislative initiative provides

• In order to protect the health of students and prevent the illegal circulation of psychoactive substances, educational units include in the educational contract provisions regarding the student’s obligation to submit non-invasive collection of biological samples to establish consumption. of psychoactive substances, at the request of the police, within the framework of thematic/unannounced inspections carried out in accordance with the regulations, the police may carry out ex officio or at the notification/request of the heads of educational units or the county school inspectorate or the municipality of Bucharest thematic/unannounced control in educational units for the purpose of non-invasive testing students using means checks approved by law to determine substance use.
• The control provided for in para. (22) is carried out with the participation of the psychologist of the educational unit, the main department of social assistance and childhood protection, in accordance with the control procedure, which is approved by a joint order of the Minister of Education, the Minister of Health and the Minister of Internal Affairs, respecting the basic rights of students and taking into account their psycho-emotional characteristics .
• If, according to the results of the control, the person provided for in Art. 1411 is found to be positive, the police informs the parents/legal representative and asks for the person’s consent to take biological samples to determine the type of psychoactive substance detected.
• Article 1415. Selection of biological samples, in accordance with the agreement provided for in Art. 1414 is held in the following premises of medical institutions:
• a) in authorized medical aid points;
• b) in ambulances driven by a doctor or special vehicles with this function, belonging to the mobile service of emergency care, resuscitation and evacuation;
• c) within medical units.
• If the results of the tests indicate the presence in the blood of drugs that are under national control, the student and his parents are informed about the provisions of Section IV of Law No. 100-200. 143/2000 on the prevention and fight against illegal drug trafficking and consumption, with subsequent amendments and additions, regarding the possibility of inclusion in the comprehensive program of assistance to drug users.

VIEW THE DRAFT OF THE LAW HERE

Changes were also made to Law no. 194/2011 on combating operations with products that may have psychoactive effects, except for those provided for by current regulations, and will have the following content:

• “b) operator – a natural or legal person who directly or through intermediaries carries out or intends to carry out production, production, processing, synthesis, extraction, conditioning, distribution, sale, placement on the market, delivery, procurement” , packaging, transportation , warehousing-storage, processing, possession or any other legal activity of import, export or mediation or use of products, hereinafter referred to as operations with products;”

At the same time, the act of a person who, without a permit issued in accordance with this law, carries out illegal operations with products, realizing that they can have a psychoactive effect, is a crime and is punishable by imprisonment for a period of 2 to 7 years and with the deprivation of certain rights.”

• The act of a person who, without a permit issued in accordance with this law, carries out unauthorized transactions with products that he should or could foresee as having a psychoactive effect, is a crime and is punishable by imprisonment. from 1 to 5 years”.

The bill was initiated by two PSD MPs, Bohdan Gruja and Daniel Suchiu, and the final version is due to be submitted to parliament early next week.

In the initial version, supplemented after disputes in the public space, the project provided that pupils and students who refused to take the test would be punished with imprisonment from 1 to 5 years.