COMPREHENSIVE

DANGEROUS DRUGS
ACT OF 2002
(R.A 9165)
R.A 9165
• Safeguard the state, its citizen from harmful
effects of dangerous drugs
• Enhance the efficiency of the law against
dangerous drugs
• Enhance campaign against trafficking and
use of dangerous drugs
• Re-integrate drug users back into the society
Art III, Sec. 36: Authorized Drug Testing
• Drug testing shall be done by any
government forensic lab or lab accredited
and monitored DOH.
-DOH shall set the price/cost of drug
testing.
• Shall use two methods of testing
(screening and confirmatory).
 Screening Test Confirmatory Test
■ Refers to the ■ Analytical test using a device,
immunoassay test to tool or equipment with a
eliminate a “negative” different chemical or physical
principle that is more specific
specimen, i.e. one without which will validate and
the presence of confirm the result of the
dangerous drugs, from presumptive test.
further consideration and ■ It refers to the second or
to identify the further analytical procedure to
presumptively positive more accurately determine
specimen the presence of dangerous
drugs in a specimen
WHO ARE REQUIRED
TO UNDERGO
MANDATORY DRUG
TESTING?
Mandatory Drug Testing

• Applicants for driver’s license (new &

renewal).
• Applicants for firearm’s license.
• Applicants for permit to carry firearms
outside of residence.
Mandatory Drug Testing

• Officers and members of the military,

police and other law enforcement
agencies (annual drug testing).
• All persons who by nature of their
profession carry firearms (e.g. security
guards).
Mandatory Drug Testing
• Any person arrested for violations of the
provisions of R.A. 9165, subjected to
screening drug test within 24hours.
• If positive, confirmatory testing within 15
days after receipt of results (Sec. 38, R.A.
9165).
• All candidates for public office whether
appointed or elected both in national or local
government.
WHO MAY UNDERGO
RANDOM DRUG
TESTING?
Random Drug Testing

■Students of Secondary and

Tertiary schools (DepEd/CHED to
implement).
Random Drug Testing

• Officers and employees of public and

private offices (domestic or
overseas).
Requisites: Drug testing at work place

• Cost shall be borne by employer.

• Positive results shall be ground for
suspension or termination
All positive drug test results shall be
subjected to confirmatory testing
using GC-MS or such modern,
acceptable methods.
 And if found positive
(after confirmatory testing)?
• First offense: Minimum 6months
Rehabilitation in a government center.

• Second offense: Imprisonment 6years 1day

to 12years and Fine of 50,000 to 200,000
pesos. [Sec. 15]
Test Result

• Valid for one (1) year from

date of issue [Sec. 36].

• Positive screening lab test

must be confirmed for it to be
valid in court [Sec. 38].
Test Results:
• Shall be signed by the analyst
• Head of the lab shall sign all test
results to be submitted to any
government agency.
• For (+) results:
• original shall be given to client
immediately;
• copies shall be given to BHFS and
the requesting agency;
• DTL shall retain copy.
Test Results:
• Shall be in the form
prescribed by BHFS.
• Confidential;
• only government
agencies shall be
provided with a copy
upon WRITTEN REQUESTS.
Issuance of False or
Fraudulent Drug Test Result
• “xxx who issues false or fraudulent drug test
results knowingly, willfully or through
negligence shall suffer the penalty of
IMPRISONMENT of 6 years and 1day up to 12
years and a FINE from 100,000 to 500,000 pesos.
• Plus REVOCATION OF LICENSE to practice the
profession and CLOSURE of drug testing center
[Sec. 37].
Liability of person who violates the
confidentiality of records:
• Imprisonment ranging from 6 months and 1
day to 6 years.
• Fine ranging from 1,000 to 6,000 Pesos.
REGULATORY FUNCTIONS

Bureau of Health Facilities and

Services (BHFS)
Department of Health
Under Sec. 36 of R.A 9165

“Authorized drug testing shall be done by

any government forensic laboratories or
by any of the drug testing laboratories
accredited and monitored by the DOH”
 Sec. 39 of R.A. 9165:

“The DOH shall be the sole body, tasked to

license and accredit drug testing centers in
each province and city.”

There shall be a control regulations,

licensing and accreditation division under
supervision of the DOH for this purpose.
 Duties and responsibilities of
DOH (Sec 76, RA 9165)
• License, accredit, establish and maintain drug testing
network and labs.
• Initiate, conduct scientific research on drugs and drug
control.
• Encourage, assist and accredit private centers.
• Promulgate rules and regulations of the DTL.
• Set minimum standards for accreditation.
• Oversee, monitor integration of rehabilitation centers.
• Charge reasonable fees.
 DRUG ABUSE AND
PREVENTION PROGRAM
(DAPP)
ORGANIZATIONAL
CHART
 DDB
Dangerous Drugs
Board

DOH Secretary

Undersecretary for Special Concerns

Administrative Support Technical Support

NCFHD IMS
National Center for Health Facility Development Information Management Services
BHFS NRL-EAMC
Bureau of Health Facilities Services National Reference Laboratory-
East Avenue Medical Center
BFAD
Bureau of Food and Drug Administration
BHDT
Bureau of Health Devices & Technology
CHDs
Centers for Health and Development
DDB: Dangerous Drugs Board

■ Policy making body related to

dangerous drugs.

■Composed of Undersecretary
representatives from different
government departments.
 NATIONAL
REFERENCE
LABORATORY
For Environmental and Occupational
Health, Toxicology and Micronutrient Assay
Functions of NRL
■ To provide laboratory referral services
-Confirmatory testing, surveillance &
research.
-Develop & validate protocols of analysis
for drugs of abuse.
■ To train laboratory personnel
-Develop training modules for technical
personnel of DTL
-Conduct training for analysts and HOL
 Function of NRL’s
• To maintain a QAP for lab tests in coordination with
the BHFS-DOH
-Conduct EQAS
-Formulate standards in Drug testing.
• To evaluate test kits & reagents, in coordination with
BFAD & the BHDT-DOH and perform post market
surveillance
-Formulate technical protocol for drug test kit
validation.
Drug Testing
Laboratory
Organization
 DTL Owner

Head of Laboratory

Technical Personnel Administrative Personnel

-Analyst
-Clerk
-Authorized Specimen Collector
-Laboratory Aide
-Secretary
Screening DTL:
Personnel requirements

■ Head of laboratory (HOL)

■ Analyst
■ Authorized specimen collector (ASC)
Head of the Laboratory
Qualifications:

Screening laboratory:
 Clinical pathologist
 Physician trained in laboratory
management and quality assurance
program
Head of the laboratory
qualifications:

Confirmatory laboratory
 Clinical pathologist
 Chemist with knowledge and
skills in operation of GC-MS
Analyst: Qualification

Must be a registered:
 Chemist
 Medical technologist
 Pharmacist
 Chemical engineer
Authorized
Specimen
Collector
A trained individual who
instructs, assists a donor
at collection site,
receives and makes an
initial inspection of
specimen for drug
testing and initiates and
completes the CCF.
Authorized
Specimen
collector

Qualifications:
 At least high school
graduate
 Must have undergone
training on specimen
collection
Authorized specimen collector

• Has special training in specimen

collection
• Instructs and assists a donor at
collection site
• Receives and makes an initial
inspection of specimen at
collection site
• Fills up CCF form