[MTLE] Unit 6: RA 9165 Comprehensive Dangerous Drugs Act of 2002

Comprehensive Dangerous Drugs Act of 2002

RA 9165

RA 6425: Dangerous Drugs Act of 1972

Repealed law by the RA 9165

Gloria Macapagal Arroyo

President signed RA 9165

Declaration of Policy of RA 9165

To safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, [and to defend the same against acts or omissions detrimental to their development and preservation.]

To achieve a balance in the National Drug Control Program (for people with legitimate medical needs)

To provide effective mechanisms or measures to reintegrate into society individuals who have fallen victims to drug abuse (rehabilitation)

1) For well-being of citizens especially the youth

2) Balance in the National Drug Control Program

3) Reintegration of Addicts [Rehabilitation]

Keywords on the declaration of policy of RA 9165

Administer

Act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication

Analyst

Refers to the professional who perform the drug testing

• Medical Technologist • Chemist • Chemical Engineer • Pharmacist

who are certified drug analysts

Medical Technology

Analyst in a screening laboratory

Chemist

Chemical engineer

pharmacist

Confirmatory laboratory analysts

Authorized Specimen Collector

person who is authorized to collect specimen from the client to secure and prevent alteration of Urine specimen

Clandestine Laboratory

any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical

Chain of Custody

The procedure to account for each specimen by tracking the handling and storage from point of collection to final disposal.

This procedure require that the applicant’s identity is confirmed and that a chain of custody form that is used from the time of collection to receipt by the laboratory.

Dangerous Drugs

There are hundreds of Dangerous drugs, but the most important and the most common tested in screening laboratory is:

• Methamphetamine (Shabu)

• Tetrahydrocanabinol (Marijuana)

Methamphetamine (Shabu)

Tetrahydrocanabinol (Marijuana)

Most important and the most common tested drugs in screening laboratory

Ecstacy

Opium

Cocaine

Other parameters (drugs) tested in laboratory

Dangerous Drugs Board

CHED and NYC

Chairman of the Dangerous Drugs Board

PNP

Chief of Dangerous Drugs Board

NBI

Director of Dangerous Drugs Board

IBP (Integrated Bar of the Philippines)

Regular member of the

Dangerous Drugs Board

Secretaries of Dangerous Drugs Board

Department of Justice (DOJ)

Department of National Defense (DND)

Department of Labor and Employment (DOLE)

Department of Social Welfare and

Development (DSWD)

Department of Education (DepEd)

Department of Health (DOH)

Department of Finance (DOF)

Department of the Interior and Local

Government (DILG)

Department of Foreign Affairs (DFA)

PDEA (Philippine Drug Enforcement Agency)

Undersecretary of Dangerous Drugs Board

1961 United Nations Single Convention on Narcotic Drugs As Amended by 1972 Protocol

1971 United Nations Single Convention on Psychotropic Substance

These are the basis/ list of drugs that are classified as dangerous under Philippine law

East Avenue Medical Center

National Reference Laboratory for environmental and Occupational Health, Toxicology and Micronutrient assay

Screening Test

A rapid test performed to establish potential/presumptive positive result.

Qualitative test

Qualitative Test

A screening test is what type of test

Confirmatory Test

an analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test

Gas chromatography/mass spectrometry

confirmatory test; GOLD STANDARD

Liquid chromatography/ mass spectrometry

PLATINUN STANDARD; confirmatory test

Specimen

The body fluid that is collected from a person

Life Imprisonment

Fine: 500,000 to 10 million

Penalty of possession of dangerous drugs

12 years and one day up to 20 years

Fine: 100,000 to 500,000

Penalty of controlled precursor and essential chemical

1) 10 grams or more of opium;

2) 10 grams or more of morphine;

3) 10 grams or more of heroin;

4) 10 grams or more of cocaine or cocaine hydrochloride;

5) 50 grams or more of methamphetamine hydrochloride or "shabu";

6) 10 grams or more of marijuana resin or marijuana resin oil;

7) 500 grams or more of marijuana;

8) 10 grams or more of other dangerous drugs

Dangerous Drugs considered

imprisonment: 6 months and 1 day up to 4 years

fine: 10K TO 50K

Penalty of Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs

Life imprisonment

500,000 to 10 million

Penalty of Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings

6months and 1 day up to 4 years (10K TO 50K)

Penalty of Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings

6 months rehab

Use of Dangerous drugs penalty 1st offense

Imprisonment: 6 years and 1 day to 12 years

Fine: 50k-200k

Use of Dangerous drugs penalty 2nd offense

any government forensic laboratories

or

drug testing laboratories accredited and monitored by the DOH

Authorized drug testing shall be done by ______________ or by any of the _________________ to safeguard the quality of test results.

DOH

Agency that shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test.

two (2) testing methods

> Screening

> Confirmatory

The drug testing shall employ, among others, (how many) testing methods?

Screening

the_______________ will determine the positive result as well as the type of the drug

Confirmatory test

the ___________ test will confirm a positive screening test

1 year

Drug test certificates issued by accredited drug testing centers shall be valid for a ____ year period from the date of issue which may be used for other purposes.

a) Applicants for driver’s license

b) Applicants for firearm’s license and for permit to carry firearms outside of residence

c) Students of secondary and tertiary schools

d) Officers and employees of public and private offices

e) Officers and members of the military, police and other law enforcement agencies

f) All persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not less than six (6) years and one (1) day

g) All candidates for public office whether appointed or elected both in the national or local government

who are subjected to undergo drug testing according to the authorized drug testing

imprisonment from 6 years and 1 day to 12 years and

fine of 100,000 to 500,000

additional: Revocation of license to practice, closure of drug testing center

Any person authorized, licensed or accredited under this Act and its implementing rules to conduct drug examination or test, who issues false or fraudulent drug test results knowingly, willfully or through gross negligence, shall suffer what penalty

twenty-four (24) hours

for test on apprehended/arrested offenders:

subjected to screening laboratory examination or test within _____ hours, if the apprehending or arresting officer has reasonable ground to believe that the person apprehended or arrested, on account of physical signs or symptoms or other visible or outward manifestation, is under the influence of dangerous drug

15 days

For apprehended/arrested offenders:

If found to be positive, the results of the screening laboratory exam shall be challenged within ______ days after the receipt of the result through a confirmatory test in any accredited laboratory

prima facie evidence

It signifies evidence that, if unchallenged, is enough to support a claim or prove a fact

If confirmed the person shall be ____________ that such person has used dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions of this Act:

That a positive screening laboratory test must be confirmed for it to be valid in a court of law.

DOH

This agency shall be tasked to license and accredit drug testing centers in each province and city in order to assure their capacity, competence, integrity and stability to conduct the laboratory examinations and tests provided in this Article, and appoint such technical and other personnel as may be necessary for the effective implementation of this provision

DOH

This agency shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the after-care and follow-up program for the said drug dependent

DOH

This agency shall establish, operate and maintain drug testing centers in government hospitals, which must be provided at least with basic technologically advanced equipment and materials, in order to conduct the laboratory examination and tests herein provided, and appoint such qualified and duly trained technical and other personnel as may be necessary for the effective implementation of this provision

Pharmacist

Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals.

Every __________ dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and keep an original record of sales, purchases, acquisitions and deliveries of dangerous drugs, indicating therein the following information:

1) License number and address of the pharmacist;

2) Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs have been purchased;

3) Quantity and name of the dangerous drugs purchased or acquired;

4) Date of acquisition or purchase;

5) Name, address and community tax certificate number of the buyer;

6) Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the same;

7) Quantity and name of the dangerous drugs sold or delivered; and

8) Date of sale or delivery.

Section 43

School curricula on the Article IV – PARTICIPATION OF THE FAMILY, STUDENTS, TEACHERS AND SCHOOL AUTHORITIES IN THE ENFORCEMENT OF THIS ACT

Article 5

PROMOTION OF A NATIONAL DRUG-FREE WORKPLACE PROGRAM WITH THE PARTICIPATION OF PRIVATE AND LABOR SECTORS AND THE DEPARTMENT OF LABOR AND EMPLOYMENT

Section 47

Drug free workplace

Article 6

PARTICIPATION OF THE PRIVATE AND LABOR SECTORS IN THE ENFORCEMENT OF THIS ACT

Article 7

PARTICIPATION OF LOCAL GOVERNMENT UNITS

Sec 49 to Sec 50

Article 8

PROGRAM FOR TREATMENT AND REHABILITATION OF DRUG DEPENDENTS

Sec 51 to Sec 53

Article 9

DANGEROUS DRUGS BOARD AND PHILIPPINE DRUG ENFORCEMENT AGENCY

Section 54 to Section 76

Dangerous Drugs Board

shall be the policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control

Dangerous Drugs Board

It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy.

It shall be under the Office of the President

Office of the President

Dangerous Drugs Board is under the office of __________

17 members

How many members are in the Dangerous Drugs Board

3-12-2

In the Dangerous Drugs Board how many are:

1) Permanent Members

2) Exofficio Capacity

3) Shall be regular members

Chairman, and its secretary

Two (2) other members with rank of undersecretary

Who are the permanent members of the dangerous Drugs Board designated by the president

twelve (12) members who shall be ex officio members of the Board

1) Secretary of the Department of Justice or his/her representative;

2) Secretary of the Department of Health or his/her representative;

3) Secretary of the Department of National Defense or his/her representative;

4) Secretary of the Department of Finance or his/her representative;

5) Secretary of the Department of Labor and Employment or his/her representative;

6) Secretary of the Department of the Interior and Local Government or his/her representative;

7) Secretary of the Department of Social Welfare and Development or his/her representative;

8) Secretary of the Department of Foreign Affairs or his/her representative;

9) Secretary of the Department of Education or his/her representative;

10) Chairman of the Commission on Higher Education or his/her representative;

11) Chairman of the National Youth Commission;

12) Director General of the Philippine Drug Enforcement Agency

Article 9

DANGEROUS DRUGS BOARD AND PHILIPPINE DRUG ENFORCEMENT AGENCY

Sec 79 to Sec 86

Article 10

APPROPRIATIONS, MANAGEMENT OF FUNDS AND ANNUAL REPORT

Sec 87 to 89

Article 11

JURISDICTION OVER DANGEROUS DRUGS CASES

Sec 90 to 93

Article 12

IMPLEMENTING RULES AND REGULATIONS

Sec 94

Article 13

Final provisions

Sec 95 to 102

SB 1858

HB 4433

The RA 9165 act is a consolidation of what act

Government and Private

Classification of Classification of Drug Testing Laboratory by ownership

Institution-based and Freestanding

Classification of Drug Testing Laboratory by Institutional Character

Screening Laboratory

Confirmatory Laboratory

Classification of Drug Testing Laboratory by Service Capability

Mandatory drug Testing

Applicants for Firearms License

Officers and members of the military, police and other law enforcements

Candidates for Public Office

Persons charged before the prosecutor’s office with criminal charge offense having am impossible penalty of imprisonment of not less than 6years and 1day

Persons apprehended for the violations of this act

Random Drug Testing

Students of Secondary or Tertiary schools

Officers and employee of public and private and private offices whether domestic or oversees

At least 20 sqm in floor area

The work area must be at least 10 sqm

> exhaust fan, sink, and storage cabinet, a ref

Screening laboratory Physical requirement

> floor area

> work area with equipment

At least 60sqm in floor area

The clinical work area must have at least 30sqm

> exhaust fan, sink, stock room and instrumentation room

Confirmatory Laboratory Physical Req

5 clients at a time

washing, toilet and stall for collection

For technical requirements for licensing

A Laboratory of whatever category shall have within its premises an area which can receive or accommodate at least _____ clients at a time

with what facilities?

1) Physician certified in Clinical Pathology by the Philippine Board of Pathology

2) licensed physician with training in Clinical Laboratory Management

> if pathologist is not available

3) Licensed Chemist with at least Master’s Degree in Chemistry,Biochemistry or branch of chemistry with at least 2 years experience in analytical chemistry

Who are the possible headship of drug testing laboratories

analytical chemistry

A chemist can be the head of drug testing labs if:

Licensed Chemist with at least Master’s Degree in Chemistry,Biochemistry or branch of chemistry with at least 2 years experience in ____________

Clinical Laboratory Management

If pathologist is not available, a non-pathologist physician can be the head of testing laboratory if:

licensed physician with training in ______________

2 years

possible headship of drug testing laboratories:

Chemist with at least Master’s Degree in Chemistry, Biochemistry or branch of chemistry with at least __ years experience in analytical chemistry.

Licensed Physician, Chemist, Medical Technologist, Pharmacist or a Chemical Engineer

Headship of drug testing laboratory in case when a Laboratory is a division of the Laboratory:

Medical Technologist

Chemist

Pharmacist

Chemical Engineer

with appropriate training in screening procedures for dangerous drugs

personnel and training requirement of screening laboratory

all are full time

Screening Procedures

Personnel training requirement of screening laboratory

Medical Technologist

Chemist

Pharmacist

Chemical Engineer

Extensive appropriate training in chromatography, spectroscopy.

The analyst must pass the proficiency test.

Confirmatory Laboratory Personnel Qualification and Trainings

Extensive training in chromatography, spectroscopy.

pass the proficiency test.

Confirmatory Laboratory Personnel Trainings

Drug testing kits

Screening Laboratory shall have a necessary equipment or kit, what is this necessary testing kit?

Weighing scale

Glassware's used in testing (beaker, Erlenmeyer flask, pipettes)

Automatic pipettes

Chromatographs

Spectrometer/Mass Spectrometer

Biological Safety Cabinet

Confirmatory Laboratory – shall have a necessary equipment for screening, qualitative and quantitative examination in addition to the basic equipment

what are these additional equipment?

Application Service Provider

The Laboratory shall have access to an __________ approved by the DOH for the authentication of results

e.g., IDTOMIS (Integrated Drug Test Operation and Management Information System)

resume

training and experience

certification

PRC license

incident report

The Laboratory shall maintain a record of all of its personnel. The records must include the __________________ and other information, which will establish the competence of an employee.

true

T/F;

The laboratory shall have security measures to control access to the premises to ensure that only authorized personnel handle or have access to specimens or gain access to the lab

1. Information identifying the specimen

2. Date and time of the specimen

3. Name of the testing laboratory

4. Name of the signatures of all individuals who had custody of the samples during the collection process.

The minimum required information on the Chain of Custody are:

DOH; 1 year

In the storage of Laboratory Reports and Specimens:

Report pertaining to specimens for laboratory report shall be kept by the testing laboratory for a minimum period determined by what agency and for how long

5 days (negative)

15 days (positive but not challenged)

Specimens can be stored for

> Minimum of ___ days (negative)

> ___ days (positive but not challenged)

DOH

In urine specimen collection, handling and disposal

The Laboratory shall follow the ____ prescribed guidelines in the collection, handling and disposal of specimens.

Universal precautions must be observed at all times