Under the drug dependent provision of the Controlled Substance, Drug, Device, and Cosmetic Act, a person charged with a nonviolent crime who claims to be drug dependent or a drug abuser may, prior to trial, request appropriate rehabilitative treatment in lieu of criminal prosecution. The choice to pursue a pretrial disposition under this statute is subject to the discretion of the prosecuting attorney, and a post-conviction determination as to whether to permit treatment in lieu of incarceration is a part of the sentencing procedure left to the sound discretion of the trial judge. The appointment of a physician to evaluate a defendant's status is not mandated by the statute, and a court has complete discretion as to the appointment of a physician. Disposition under this provision is not a fundamental constitutional right. Com. v. Chilcote, 396 Pa. Super.106, 578 A.2d 429 (1990).