Republic Act No. 9165 Flashcards
name of this act
Comprehensive Dangerous Drugs Act of 2002
Total number of section
102
Total number of Article
XIII
Approved on
June 7, 2002
what act it repealed?
RA 6425
RA 6425, otherwise known as the?
Dangerous Drugs
Act of 1972
Dangerous Drugs
Act of 1972 approval date?
March 30, 1972
RA 9165 was amended by
RA 10640
RA 9165 was amended by RA 10640 when?
JUL 15 2014
Why was RA 6425 repealed?
has many loopholes and
unregulated circumstances that would provide means on how a drug dealer or user may go about the law
President of the
Philippines
GLORIA MACAPAGAL ARROYO
Speaker of the House of
Representatives
JOSE DE VENECIA, JR
President of the Senate
FRANKLIN M. DRILON
Secretary of Health
MANUEL M. DAYRIT
SECTION 2. Declaration of Policy
To safeguard the integrity of its territory and the well-being of its citizenry particularly the ______, From the harmful effects of dangerous drugs on their physical and mental wellbeing
youth
SECTION 3. Definitions
Introducing any dangerous drug
into the body, with or without
his/her knowledge by injection, inhalation, ingestion or other means
Administer
SECTION 3. Definitions
Indispensable assistance to a
person in administering a
dangerous drug to himself/herself unless
Administer
administered by a
duly licensed practitioner for medication
SECTION 3. Definitions
Refers to the professional who perform the drug testing
Analyst
SECTION 3. Definitions
CERTIFIED DRUG ANALYSTS (4)
- Medical Technologist
- Chemist
- Chemical Engineer
- Pharmacist
SECTION 3. Definitions
Medical technologist For screening laboratory requirements
CERTIFIED DRUG ANALYSTS
undergo training and certification process,
given by NRL-EAMC
SECTION 3. Definitions
person who is authorized to collect specimen from the client to secure and prevent alteration of Urine specimen
Authorized Specimen Collector
SECTION 3. Definitions
guides client in filling out the chain of custody form, secures the specimen by:
Authorized Specimen Collector
- sealing the container using masking tape
- asking the client to sign the container
- writing the time and date of collection on
the container - writing marks on the masking tape using
permanent marker
SECTION 3. Definitions
any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical
Clandestine Laboratory
SECTION 3. Definitions
The procedure to account for each specimen by tracking the handling and storage from point of collection to final disposal.
CHAIN OF CUSTODY
SECTION 3. Definitions
This procedure require that the applicant’s identity is confirmed and that a ________________ that is used from the time of collection to receipt by the laboratory.
Chain of Custody
chain of custody
form
SECTION 3. Definitions
The form used to document the procedures from the time of
collection until receipt by the laboratory.
Chain of Custody Form
SECTION 3. Definitions
There are hundreds of Dangerous drugs, but the
most important and the most common tested in screening laboratory is:
DANGEROUS DRUGS
- Methamphetamine (Shabu)
- Tetrahydrocannabinol (Marijuana)
SECTION 3. Definitions
Other parameters that are tested includes:
DANGEROUS DRUGS
- Ecstasy
- Opium
- Cocaine
SECTION 3. Definitions
National Reference Laboratory for environmental and occupational health, toxicology and micronutrient assay
EAST AVENUE MEDICAL CENTER (NRL-EAMC)
SECTION 3. Definitions
A rapid test performed to establish potential/presumptive
positive result.
Screening Test
SECTION 3. Definitions
kind of test
Screening Test
Qualitative
SECTION 3. Definitions
Principle
Screening Test
Immunochromatography/ ELISA etc
SECTION 3. Definitions
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
Confirmatory Test
SECTION 3. Definitions
Principle
Confirmatory Test
Gas chromatography/ Mass spectrophotometry
SECTION 3. Definitions
Refers to the body fluid that is collected from a person
Specimen
SECTION 3. Definitions
Specimen types
- Saliva
- Hair
- Blood
- Urine
SECTION 3. Definitions
The specimen may be collected into two forms:
- One container with 60 mL of urine sample
- Two containers, each with 30 mL of urine sample (commonly used in the PH)
SECTION 3. Definitions
Two containers, each with 30 mL of urine sample (commonly used in the PH) one is used for the __________ (promptly discarded once used) another for challenge test
- screening test
- challenge test
Classification of Drug Testing Laboratory
Ownership:
- Government
- Private
Classification of Drug Testing Laboratory
Institutional Character:
- Institutional Based
- Freestanding
Classification of Drug Testing Laboratory
Service Capability:
- Screening Laboratory
- Confirmatory Laboratory
SUBJECTED TO UNDERGO Mandatory Drug Testing
- Applicants for Firearms License
- Officers and members of the military, police, and other law
enforcement - Candidates for Public Office
- Persons charged before the prosecutor’s office with criminal charge offense having a possible penalty of imprisonment of not
less than 6 years and 1 day - 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.
Technical Requirements for Licensing
Screening Laboratory floor area
Physical Plant
At least 20 sqm
Technical Requirements for Licensing
Screening Laboratory work area
Physical Plant
at least 10 sqm
Technical Requirements for Licensing
Screening Laboratory work area should have
Physical Plant
- exhaust fan
- sink
- storage cabinet
- ref
Technical Requirements for Licensing
Confirmatory Laboratory floor area
Physical Plant
At least 60sqm
Technical Requirements for Licensing
Confirmatory Laboratory work area
Physical Plant
at least 30sqm
Technical Requirements for Licensing
Confirmatory Laboratory work area should have:
Physical Plant
- exhaust fan
- sink
- stock room
- instrumentation room
Technical Requirements for Licensing
A Laboratory of whatever category shall have within its
premises an area which can receive or accommodate at least _________
Physical Plant
5 client at a time
Technical Requirements for Licensing
required facilities
Physical Plant
- hand washing facility
- Toilet facility
- stall for the collection of the specimen
Technical Requirements for Licensing
the head should be a
Headship of the Laboratory
licensed Physician certified in Clinical Pathology by the Philippine Board of Pathology
Technical Requirements for Licensing
if a licensed Physician certified in Clinical Pathology by the Philippine Board of Pathology is not available
Headship of the Laboratory
a licensed physician with training in Clinical Laboratory
Management
Technical Requirements for Licensing
In case when a drug testing Laboratory is a
division of the Laboratory
HEADSHIP OF THE LABORATORY
- Licensed Physician
- Chemist
- Medical Technologist
- Pharmacist
- Chemical Engineer
Technical Requirements for Licensing
licensed Chemist requirements
HEADSHIP OF THE LABORATORY
- Master’s Degree in Chemistry, Biochemistry or branch of chemistry
- 2 years experience in analytical chemistry
Technical Requirements for Licensing
Screening Laboratory
Personnel
- shall have a full-time Medical -Technologist, Chemist, Pharmacist, and Chemical Engineer
- with appropriate
training in screening procedures for dangerous drugs
Technical Requirements for Licensing
Confirmatory Laboratory
Personnel
- shall have full-time Medical Technologist, Chemist, Pharmacist and Chemical Engineer
- has completed an
extensive appropriate training in chromatography, spectroscopy. - The analyst must pass the proficiency test.
Technical Requirements for Licensing
Screening Laboratory
Laboratory Equipment
shall have a necessary equipment or kit
Technical Requirements for Licensing
Confirmatory Laboratory
Laboratory Equipment
shall have a necessary equipment for screening, qualitative and quantitative examination in addition to the basic equipment.
Technical Requirements for Licensing
The Laboratory shall have access to an _________________
approved by the DOH for the authentication of results.
Application Service Provider
Technical Requirements for Licensing
IDTOMIS
Application Service Provider
Integrated drug test operations management information system
Accreditation of Drug Testing Centers and Physicians
_____ and _____ drug testing centers
DOH
License and accredit
Accreditation of Drug Testing Centers and Physicians
Appoint _________ and _______ for effective implementation of
this law
DOH
technical and other personnel
Accreditation of Drug Testing Centers and Physicians
Accredit ________ who shall conduct the drug dependency exam and after care
DOH
physicians
Accreditation of Drug Testing Centers and Physicians
Control of _______, ________, and _________ division
DOH
regulations, licensing and accreditation
Accreditation of Drug Testing Centers and Physicians
Establish, operate and maintain drug testing centers in ___________
DOH
government hospitals
At least basic technologically advanced equipment and materials
Technical Requirement for Accreditation
The Laboratory shall maintain a _____ of all of its personnel.
record
Technical Requirement for Accreditation
The records must include the:
- resume
- training and experience
- certification
- PRC license
- incident report (if any)
- other information, which will established the competence of an employee.
Technical Requirement for Accreditation
The laboratory shall have ____________ to control access to the premises to ensure that only authorized personnel handle or have access to specimens or gain access to the lab.
security measures
Technical Requirement for Accreditation
The minimum required information on the Chain of Custody are:
- Information identifying the specimen (Specimen type, volume/amount)
- Date and time of the specimen (Accurate)
- Name of the testing laboratory
- Name of the signatures of all individuals who had custody of the samples during the collection process. (all personnel who handled the sample)
Technical Requirement for Accreditation
Report pertaining to specimens for laboratory report shall be kept by the testing laboratory for a __________
Storage of Laboratory Reports and Specimens
minimum period determined by DOH (1
year)
Technical Requirement for Accreditation
Specimens can be stored for:
Storage of Laboratory Reports and Specimens
- Minimum of 5 days (negative)
- 15 days (positive but not challenged)
- 1 year
Technical Requirement for Accreditation
_________ must be observed at all times
Urine Specimen Collection, Handling and Disposal
Universal precautions
Technical Requirement for Accreditation
Infectious waste such as gauze pad contaminated with urine specimen
Urine Specimen Collection, Handling and Disposal
Yellow
Technical Requirement for Accreditation
Biodegradable waste (food waste)
Urine Specimen Collection, Handling and Disposal
Green
Technical Requirement for Accreditation
Non-biodegradable waste (paper, office supply waste)
Urine Specimen Collection, Handling and Disposal
Black
Technical Requirement for Accreditation
Screening Laboratory:
Equipment and instruments
Drug Testing Kits
Technical Requirement for Accreditation
Confirmatory Laboratory:
Equipment and instruments
- Weighting scale
- Glassware’s used in testing (beaker, Erlenmeyer flask, pipettes)
- Automatic pipettes
- Chromatographs
- Spectrometer/Mass Spectrometer
- Biological Safety Cabinet
Technical Requirement for Accreditation
Signatory must be the ___________ and also the __________.
Laboratory Report
- analyst who performed the test
- head of the Laboratory
Technical Requirement for Accreditation
For SCREENING, the test result must be reported as __________
Laboratory Report
POSITIVE OR
NEGATIVE.
Technical Requirement for Accreditation
For CONFIRMATORY, the test result shall _________
Laboratory Report
report the analyte and the concentration.
Technical Requirement for Accreditation
2 two copies must be produced:
Laboratory Report
- 1 copy for the client
- 1 copy must be forwarded to DOH and must include the membrane of the drug
test kit.
Technical Requirement for Accreditation
____ shall conduct a continuing assessment of proficiency of the
Screening and Confirmatory Laboratory
Proficiency Testing
NRL
Technical Requirement for Accreditation
Participation of the laboratory is important and also must be
satisfactorily passed the testing in order for the laboratory to _________
Proficiency Testing
renew their license
Technical Requirement for Accreditation
The results must sent back to NRL within ___________
Proficiency Testing
3 weeks after the results
Technical Requirement for Accreditation
Failure to pass the proficiency testing shall be given ________
Proficiency Testing
another chance
Technical Requirement for Accreditation
failure to pass the second one shall result in ____________
Proficiency Testing
revocation of its license and accreditation
Technical Requirement for Accreditation
Unlike pregnancy test result, a ________ drug test result indicates a presence of line, and a ______ result is an absence of line.
Drug Testing Result
- negative
- positive
Technical Requirement for Accreditation
A drug certificate is valid for ______ from the date of issue. Which may also be used for other purpose.
Validity of the Test Result
1 year
Technical Requirement for Accreditation
Private Hospital/Free Standing Laboratory
Allowable Service Fee
P 300
Technical Requirement for Accreditation
Public Hospital
Allowable Service Fee
P 250
Licensing and Accreditation
The following must be submitted to DOH via BHFS before
certificate of accreditation and license to operate is given:
- BHFS application form
- Mayor’s Permit
- 1 set of floor plan
- List of personnel, list of credentials, health certificate
- List of Equipments
- Contract of License (if facility is rented)
- Copy of DOH license to operate
- Documentation of CCF
- Quality Control Program (Screening Laboratory)
- Certification for Quality Control Standard System by a DOH recognized certifying body (Confirmatory Laboratory)
- Proficiency Testing Result
- Procedure Testing Manual
DRUG TESTING RESULT
No visible line adjacent to C
CONTROL
defective kit
Two visible lines
POSITIVE
tested
positive for marijuana OR
shabu
DRUG TESTING RESULT
Only the control line is visible
POSITIVE
positive for BOTH marijuana
and shabu
DRUG TESTING RESULT
Three visible lines
NEGATIVE
CONTENT OF LICENSE TO OPERATE
- Name of the owner
- Head of the Laboratory
- Procedures and Specialty (SCREENING OR CONFIRMATORY)
- Validity Report
- Signature of the Bureau or CHD Director
Validity of LTO
Screening
1 year
Validity of LTO
Confirmatory
2 years
Renewal of LTO/COA
It shall be filled __________ of license
90 days before the expiration
Renewal of LTO/COA
License to Operate:
- Application for renewal
- Notarized List of Personnel
- List of Equipment
- Current Certificate of Accreditation
- Current Mayor’s Permit
Renewal of LTO/COA
Certificate of Accreditation:
- Current license to Operate
- Current Certification for Quality Standard System (Confirmatory
Laboratory)
Monitoring of Laboratories
The ______ or ________ may conduct a visit on the site (Laboratory) unannounced. And the monitoring shall be documented the overall quality of the laboratory setting.
bureau or the CHD
Terms and Conditions of Licensing/Accreditation
Licensing/Accreditation
License/accreditation shall be granted in accordance with the
prescribed requirement of the ___
DOH
Terms and Conditions of Licensing/Accreditation
A license/accreditation that is not renewed on the expiry date shall be considered _____ and will be cancelled.
lapsed
Terms and Conditions of Licensing/Accreditation
Any change in _________, _______, ________, ___________, ________ etc shall be reported to the DOH via BHFS.
- management name
- ownership
- floor plan
- reliever
- equipment
Terms and Conditions of Licensing/Accreditation
License/Accreditation shall be placed in an area where it is
_________
seen by the client
Violations
Issuance of _______ result
fraudulent
Violations
Failure to protect the _________ of a drug test result
confidentiality
Violations
Failure to participate in a _________
proficiency testing
Violations
Failure to refer a positive result to a ___________
confirmatory laboratory
Violations
Refusal to ________ to inspect their laboratory
CHD
Violations
Any act which is _______ to the accepted clinical laboratory
practice.
contrary
Issuance of False or Fraudulent Drug Test Results
Any person authorized, licensed or accredited who issues false or fraudulent drug test results ___________, _______, or, ___________
- knowingly
- willfully
- through gross negligence
Issuance of False or Fraudulent Drug Test Results
Imprisonment:
Penalties
6 years and 1 day to 12 years
Issuance of False or Fraudulent Drug Test Results
Fine:
Penalties
Php 100,000 to Php 500,000
Issuance of False or Fraudulent Drug Test Results
Additional penalties:
Penalties
revocation of license to practice / closure
of drug testing center
Suspension or Revocation
of LTO/COA
Based on its own _______ of any complaint
inspection
Suspension or Revocation
it shall be investigated and after ______, and depending on the judgment. Revocation or suspension of the license will be done.
due hearing
Suspension or Revocation
If any violation is done (under section 17) ________ shall be done. And should not be more than ______
- preventive suspension
- 60 days
Reapplication for LTO/COA
A Laboratory whose certificate of accreditation has been revoked may be reapply for the issuance of a new one upon ____________ and/or _________
- compliance with the requirements established hereunder
- the correction of the deficiency or violation.
Laboratory Examination or Test on Test on Apprehended/Arrested Offenders
Apprehended/Arrested Offenders
Any person apprehended or arrested for violating the provisions of this act shall be
subjected to ________ within _________
- screening laboratory examination
- 24 hours
If found to be positive, the results of the screening laboratory exam shall be challenged within ________ after the receipt of the result through a confirmatory test in any accredited laboratory
- ## 15 days
confirmatory gold standard
- Gas chromatograph
- mass spectrometry
confirmatory platinum standard
- Liquid chromatography
- mass spectrometry
Use of Dangerous Drugs
(First offense)
minimum of six (6) months rehabilitation in a government center
subject to the provisions of Article VIII of this Act
Use of Dangerous Drugs
(Second offense)
- imprisonment ranging from six (6) years and one (1) day to twelve (12) years
- fine ranging from P50,000 - P200,000.00
Provided, That this Section shall not be applicable where the person tested is also found to have in ____________ provided for under Section 11 of this Act, in which case the provisions stated therein shall apply
his/her possession of such quantity of any dangerous drug
Republic Act No. 10586
also known as?
Anti-Drunk and Drugged Driving Act of 2013
Republic Act No. 10586
These Rules shall cover all acts of driving and/or operating a motor vehicle while under the influence of ______, and/or ________ and ____________
- alcohol
- dangerous drugs
- similar substances
Republic Act No. 10586
A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to _________ and ________ whenever practicable
vehicular accident
- on site field sobriety test
- ABA testing
Republic Act No. 10586
there after chemical tests, including a ____________ and, if necessary, a ____________ as mandated under Republic Act No. 9165
vehicular accident
- drug screening test
- drug confirmatory test
Republic Act No. 10586
The LTO shall conduct ___________ and ___________ of public utility drivers
- random terminal inspections
- quick random drug tests
An act to further strengthen the anti-drug campaign of the
government, amending for the purpose section 21 of republic act no. 9165, otherwise known as the “comprehensive dangerous drugs act of 2002″
REPUBLIC ACT 10640
REPUBLIC ACT 10640
President of the Senate
(Sgd.) FRANKLIN M.
DRILON
REPUBLIC ACT 10640
Speaker of the House
of Representatives
(Sgd.) FELICIANO
BELMONTE JR.
REPUBLIC ACT 10640
Secretary of the Senate
(Sgd.) OSCAR G. YABES
REPUBLIC ACT 10640
Secretary General
House of Representatives
(Sgd.) MARILYN B. BARUA-YAP
REPUBLIC ACT 10640
President of the Philippines
(Sgd.) BENIGNO S. AQUINO III
REPUBLIC ACT 10640
This Act which is a consolidation of ________ and _______
- House Bill 2285
- Senate Bill No. 2273
REPUBLIC ACT 10640
passed by the House of Representatives and
the Senate on ____________
June 9, 2014
REPUBLIC ACT 10640
Approved:
JUL 15 2014
REPUBLIC ACT 10640
representative of the __________ or ___________ who shall be required to sign the copies of the inventory and be given a copy thereof:
- National Prosecution Service
- the media
REPUBLIC ACT 10640
Provided, That the physical inventory and photograph shall be conducted at the place where the ___________
physical inventory and photograph shall be conducted
search warrant is served
REPUBLIC ACT 10640
physical inventory and photograph shall be conducted where in case of warrantless seizures:
- nearest police station
- nearest office of the apprehending officer/team
REPUBLIC ACT 10640
That noncompliance of these requirements under justifiable grounds, as long as the ________________________ by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items.
integrity and the evidentiary value of the seized items are properly preserved
REPUBLIC ACT 10640
A ________________,
which shall be done by the forensic laboratory examiner, shall be issued immediately
certification of the forensic laboratory examination results
REPUBLIC ACT 10640
To implement effectively the provisions of Section 21, the
_______________ shall issue the
necessary guidelines on the IRR for the purpose in consultation with the ______________ and relevant sectors to
curb increasing drug cases
- Philippine Drug Enforcement Agency (PDEA)
- Department of Justice (DOJ)
REPUBLIC ACT 10640
In any case, the _________ of the seized/confiscated items
received from the apprehending officer/team, and examined in the forensic or crime laboratory shall be observed
chain of custody
REPUBLIC ACT 10640
To expedite the immediate disposition and destruction of
seized/confiscated plant sources of dangerous drugs at the
eradication site, the _____________ or _________ shall get and preserve their representative samples, after their seizure and confiscation, and perform field or screening test at the site, as far as practicable.
seizing officer or forensic chemist
REPUBLIC ACT 10640
The release of the certification or chemistry report shall
be after the ____________ of the samples examined.
confirmatory test