Unit 6: RA 9165 - General Info about RA 9165 + RA 10586 (Part 2) Flashcards
Also known as the Comprehensive Dangerous Drug Act of 2002
RA 9165
When was RA 9165 implemented
June 7, 2002
RA 9165 repeals what Republic Act?
RA 6425 (Dangerous Drug Act of 1972)
What is RA 6425?
What is RA 6425?
Dangerous Drug Act of 1972
When was RA 6425 implemented?
March 30, 1972
RA 9165 was amended by what Republic Act?
RA 10640
When was RA 10640 implemented?
July 15, 2014
What Section is referred to below:
It is the policy of the State 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.
Section 2 (Declaration of Policy)
What was the drug-related government program implemented under the presidency of Pres. Rodrigo Duterte?
Oplan Tokhang
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.
Administer
Who is the only one who can administer drugs for purpose of medication?
duly licensed practitioner
What are the bad effects of dangerous drugs? (5)
○ Addiction
○ Physical manifestations
○ Hallucinations
○ Paranoia
○ Motor coordination damage
Refers to the professional who performs the drug testing.
Analyst
Who are the certified drug analysts? (4)
○ Medical Technologist
○ Chemist
○ Chemical Engineer
○ Pharmacist
The person who is authorized to collect specimen from the client to secure and prevent alteration of Urine specimen.
Authorized Specimen Collector
Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemicals.
Clandestine Laboratory
The procedure to account for each specimen by tracking the handling and storage from point of collection to final disposal. This procedure requires 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.
Chain of Custody
Chain of Custody requires: (2)
- Applicant’s identity is confirmed
- Chain of Custody form
Other parameters in drug testing include testing for what illegal drugs? (3)
- Opium
- Ecstacy
- Cocaine
The form used to document the procedures from the time of collection until receipt by the laboratory.
Chain of Custody Form
There are hundreds of Dangerous drugs, but the most important and the most common tested in screening laboratory are… (2)
- Methamphetamine (Shabu)
- Tetrahydrocannabinol (Marijuana)
This is also known as Shabu.
Methamphetamine
This is also known as Marijuana.
Tetrahydrocannabinol
This is also known as the “poor man’s drug.”
Shabu
Agency that will remain focus on remaining a drug-free community supporting the former president’s campaign against illegal drugs
Dangerous Drugs Board
What is the National Reference Laboratory for Drug Testing?
East Avenue Medical Center
National Reference Laboratory for environmental and Occupational Health, Toxicology and Micronutrient assay
East Avenue Medical Center
A rapid test performed to establish potential/presumptive positive result
Screening Test
True or False: A Screening Test is used to establish very certain results.
False
True or False: The Screening Test is a quantitative test.
False (Qualitative)
If a Screening Test reveals a positive result, what is done to the sample?
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.
Confirmatory Test
Refers to the body fluid that is collected from a person
Specimen
What is the most commonly collected specimen for drug testing?
Urine
What are the 5 steps in drug testing?
- Sign Consent Form.
- Collect specimen
- Label the Specimen
- Screening Test
- Confirmatory Test (if positive)
True or False: An individual may collect urine specimen in their own homes or cubicles. Observation is not necessary because it is an invasion of privacy.
False
True or False: In collecting urine, patient must be asked to wash his or her hands before the collection.
True
A positive result in the Screening Test is shown through…
Two lines
A negative result in the Screening Test is shown through…
Who does the confirmatory testing?
National Reference Laboratory
What are the classification of drug testing laboratory according to Institutional Character?
Institution-based
Free Standing
What are the classification of drug testing laboratory according to Ownership?
Government
Private
What are the classification of drug testing laboratory according to Service Capability?
Screening Laboratory
Confirmatory Laboratory
Who are involved in Mandatory Drug Testing? (5)
● 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 an impossible penalty of imprisonment of not less than 6 years and 1 day
● Persons apprehended for the violations of this act
Who are invWho are involved in the Random Drug Testing?olved in the Random Drug Testing?
● Students of Secondary or Tertiary schools
● Officers and employee of public and private and private offices whether domestic or overseas
What are the technical requirements for Licensing? (5)
- Physical Plant
- Headship of the Laboratory
- Personnel
- Laboratory Equipment
- Application Service Provider
A screening laboratory must be at least ______ sqm in floor area.
20 sqm
Physical Plant involves what types of laboratory? (2)
Screening Laboratory
Confirmatory Laboratory
A confirmatory laboratory must be at least ______ sqm in floor area.
60 sqm
The work area in a screening laboratory must be at least ______________ with exhaust fan, sink, storage cabinet, and a refrigerator.
10 sqm
The clinical work area in a confirmatory laboratory must have at least __________ with exhaust fan, sink, stock room and instrumentation room.
30 sqm
True or False: A laboratory of whatever category shall have within its premises an area which can receive or accommodate at least 10 clients at a time.
False
A laboratory of whatever category shall have within its premises an area which can receive or accommodate how many clients at a time?
at least 5
True or False: The physical plant must have a hand washing facility, toilet facility, and a stall for the collection of the specimen.
True
Who must be the head of the laboratory?
A licensed Physician certified in Clinical Pathology by the Philippine Board of Pathology
Who should be the head of the laboratory if a pathologist is not available?
a licensed physician with training in Clinical Laboratory Management
In the headship of a laboratory, a chemist must have at least a _________’s degree and _____ years of experience in analytical chemistry.
Master’s Degree; 2
Who are the required personnel in a Screening Laboratory?
full time MedTech, Chemical Engineer, Chemist, or Pharmacist with training in screening procedures for dangerous
Who are the required personnel in a Confirmatory Laboratory?
full time Medical Technologist, Chemist, Pharmacist and Chemical Engineer who has completed an extensive appropriate training in chromatography, spectroscopy; must pass proficiency test
The personnel in a Confirmatory Laboratory must have an extensive appropriate training in what fields? (2)
Chromatogrophy
Spectroscopy
What is the necessary laboratory equipment in a Screening Laboratory?
Kit
What is the necessary laboratory equipment in a Confirmatory Laboratory?
Basic Equipment; Qualitative and Quantitative Examination
This technical requirement states that the Laboratory shall have access to an Application Service Provider approved by the DOH for the authentication of results.
Application Service Provider
What organization is responsible for accrediting drug testing centers and physicians?
DOH
They license and accredit drug testing centers and the physicians who shall conduct the drug dependency exam and after care.
DOH
They control regulations, licensing and accreditation division.
DOH
Who is responsible for appointing technical and other personnel for effective implementation of the RA 9165 law?
DOH
They establish, operate and maintain drug testing centers in government hospitals
DOH
They appoint qualified and duly trained technical and other personnel.
DOH
What are the technical requirements for accreditation? (8)
- Records
- Security
- Chain of Custody
- Storage of Lab Reports and Specimens
- Urine Specimen Collection, Handling, and Disposal
- Equipment and Instruments
- Laboratory Report
- Proficiency Testing
True or False: The laboratory shall maintain a record of all of its personnel for it to be accredited.
True
What technical requirement for accreditation is described below:
The laboratory shall have 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.
Security
The records for accreditation must include what documents to establish the competence of an employee? (6
- resume
- training and experience
- certification
- PRC license
- incident report (if any)
- other information
What are the minimum required information on the Chain of Custody?
○ Information identifying the specimen
○ Date and time of the specimen
○ Name of the testing laboratory
○ Name of the signatures of all individuals who had custody of the samples during the collection process.
How long can specimens be stored if the sample is negative?
5 days
Report pertaining to specimens for laboratory report shall be kept by the testing laboratory for a minimum period of ______ year/s as determined by DOH.
1 year
How long can specimens be stored if the sample is positive but not confirmed?
15 days
How long can specimens be stored if the there is a question, issue or challenge about the sample?
1 year
True or False: The Laboratory shall follow the DOH prescribed guidelines in the collection, handling and disposal of specimens.
True
What must be observed during urine specimen collection, handling, and disposal?
Universal Precautions
What is the color of the bin for infectious wastes such as gauze pad contaminated with urine specimen?
Yellow
What is the color of the bin for biodegradable waste such as food and paper?
Green
What is the color of the bin for non-biodegradable wastes such as plastics and office supply wastes?
Black
What are the necessary equipment in a Confirmatory Laboratory? (6)
○ Weighing scale
○ Glassware used in testing (beaker, Erlenmeyer flask, pipettes)
○ Automatic pipettes
○ Chromatographs
○ Spectrometer/Mass Spectrometer
○ Biological Safety Cabinet
Who must be the signatories of a laboratory report? (2)
Analyst and Head of Laboratory
What are the possible results in a laboratory report?
POSITIVE
NEGATIVE
For Confirmatory, the test result shall report… (2)
Analyte
Concentration
How many copies of the lab report must be produced?
2
Who should receive a copy of the laboratory report? (2)
1 for the client
1 for DOH (including the wrapper of the drug testing kit)
True or False: When forwarding a result to DOH, the drug testing kit wrapper must be included.
True
What technical requirement for accreditation is described below:
NRL shall conduct a continuing assessment of proficiency of the Screening and Confirmatory Laboratory and its personnel
Proficiency Testing
Who shall conduct a continuing assessment of proficiency of the Screening and Confirmatory Laboratory and its personnel?
NRL
How can a laboratory renew their license?
Pass test
Failure to pass the proficiency testing shall be given ____________, failure to pass the second one shall result in __________________.
another chance; revocation of its license and accreditation
In proficiency testing, the results must sent back to NRL within _____________ after the results.
3 weeks
Drug Results Interpretation:
If three lines are present, the patient is _________________.
“negative” in the use of shabu and marijuana
Drug Results Interpretation:
If two lines are present, this means that the patient is __________________.
positive “either” to shabu or marijuana
Drug Results Interpretation:
If control line only appeared, this means that the patient is
positive for “both” shabu and marijuana
A drug certificate is valid for _________ from the date of issue, which may also be used for other purpose.
1 year
What is the allowable service fee for free-standing hospitals?
P300
What is the allowable service fee for public hospitals?
P250
What is the allowable service fee for private hospitals?
P300
What must be submitted to DOH via BHFS before certificate of accreditation and license to operate is given? (7)
○ License to Operate
○ 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
What must be submitted to DOH via BHFS before license to operate is given? (7)
- BHFS application form
- Mayor’s Permit
- 1 set of floor plan
- List of personnel, list of credentials, health certificate
- List of Equipment
- Contract of License (if facility is rented)
What are the content of license to operate? (5)
● Name of the owner
● Head of the Laboratory
● Procedures and Specialty
● Validity Report
● Signature of the Bureau or CHD Director
How long is the validity of LTO for Screening Laboratory?
1 year
How long is the validity of LTO for Confirmatory Laboratory?
2 years
Renewal of LTO/COA shall be filled ___________________ before the expiration of license and not within the day of the deadline
90 days or 3 months
What are the necessary documents for the renewal of COA?
○ Current license to Operate
○ Current Certification for Quality Standard System (Confirmatory Laboratory)
What are the necessary documents for renewal of LTO? (5)
○ Application for renewal
○ Notarized List of Personnel
○ List of Equipments
○ Current Certificate of Accreditation
○ Current Mayor’s Permit
True or False: The bureau or the CHD may conduct a visit on the site (Laboratory) announced for monitoring. This shall be documented the overall quality of the laboratory setting.
False (unannounced)
True or False: License/accreditation shall be granted in accordance with the prescribed requirement of the DOH.
True
True or False: A license/accreditation that is not renewed on the expiry date shall be considered lapsed and will be cancelled.
True
True or False: Any changes in management name or ownership, floor plan, reliever, equipment, etc do not need to be reported to the DOH via BHFS if it is just a small change or an insignificant one.
False
Where must the license or accreditation be placed in the laboratory?
Area seen by the client
What are the grounds for violation? (6)
● Issuance of fraudulent result
● Failure to protect the confidentiality of a drug test result
● Failure to participate in a proficiency testing
● Failure to refer a positive result to a confirmatory laboratory.
● Refusal to CHD to inspect their laboratory
● Any act which is contrary to the accepted clinical laboratory practice.
What is the penalty for issuance of false or fraudulent drug test results? (fine)
P100,000 to P500,000
What is the penalty for issuance of false or fraudulent drug test results? (Imprisonment)
6 years and 1 day to 12 years
Any person authorized, licensed or accredited who issues false or fraudulent drug test results knowingly, willfully, or through gross negligence
Issuance of False or Fraudulent Drug Test Results
True or False: The penalty for issuance of false or fraudulent drug test results is imprisonment or fine.
False (AND)
What may be the additional penalties for issuance of false or fraudulent drug test results? (aside from fine and imprisonment)
Revocation of license to practice
Closure of drug testing center
Revocation is ______________, while Suspension is ___________________.
Permanent; Temporary
Suspension or Revocation of LTO/COA is based on __________________.
inspection of any complaint
Who was the Speaker of the House of Representatives when RA 9165 was implemented?
Jose De Venecia Jr.
Any person apprehended or arrested for violating the provisions of this act shall be subjected to screening laboratory examination within how many hours?
24 hours
What is the test for confirmatory known as the Gold Standard?
Gas chromatography/mass spectrometry
If any violation is done (under section 17) _________________________ shall be done. And should not be more than _________ days.
preventive suspension; 60 days
What is the test for confirmatory known as the Platinum Standard?
Liquid chromatography/mass spectrometry
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.
15
Who was the President of the Senate when RA 9165 was implemented?
Franklin M. Drilon
How many sections does RA 9165 have?
102 sections
Who is the secretary of health when RA 9165 was implemented?
Manuel M. Dayrit
Who is the president of the Philippines when RA 9165 was implemented?
Gloria Macapagal-Arroyo
What is RA 10586?
Anti-Drunk and Drugged Driving Act of 2013
These Rules shall cover all acts of driving and/or operating a motor vehicle while under the influence of alcohol, and/or dangerous drugs and similar substances.
RA 10586 (Anti-Drunk and Drugged Driving Act of 2013)
True or False: 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 on site field sobriety test and ABA testing, whenever practicable, and, thereafter chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 10586.
False
(mandated under RA 9165)
True or False: The LTO shall conduct random terminal inspections and quick random drug tests of public utility drivers.
True
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.″
RA 10640
RA 10640 is an act to further strengthen the anti-drug campaign of the government, amending for the purpose section ______ of Republic Act no. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002.″
21
RA 10640 is an act which is a consolidation of House Bill ___________ and Senate Bill No. 2273 ___________ was finally passed by the House of Representatives and the Senate on June 9, 2014.
House Bill 2285; Senate Bill No. 2273
When was RA 10640 approved?
July 15, 2014
Who was the Senate President when RA 10640 was implemented?
Franklin Drilon
Who was the Speaker of the House of Representatives when RA 10640 was implemented?
Feliciano Belmonte Jr.
Who was the Secretary of the Senate when RA 10640 was implemented?
Oscar G. Yabes
Who was the Secretary General House of Representatives when RA 10640 was implemented?
Marilyn B. Barua-Yap
Who was the President of the Philippines when RA 10640 was implemented?
Benigno S. Aquino III
Who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, That the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures: Provided, finally, That noncompliance of these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items?
representative of the National Prosecution Service
A certification of the forensic laboratory examination results, which shall be done by the forensic laboratory examiner, shall be issued __________________.
immediately
To effectively implement the provisions of Section _____, the Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines on the IRR for the purpose in consultation with the Department of Justice (DOJ) and relevant sectors to curb increasing drug cases.
21
True or False: In any case, the chain of custody of the seized/confiscated items received from the apprehending officer/team, and examined in the forensic or crime laboratory shall be observed.
True
True or False: To expedite the immediate disposition and destruction of seized/confiscated plant sources of dangerous drugs at the eradication site, the seizing officer or forensic chemist 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. The release of the certification or chemistry report shall be after the confirmatory test of the samples examined.
True
What is used for the Screening Test as indicated by RA 9165?
Rapid Diagnostic Test Kit (Immunochromatography/ ELISA etc.)
What is the significance of RA 9165?
To strengthen the security of the nation from harmful effects of drug dependence
What are the possible specimen as indicated by RA 9165? (4)
Urine
Blood
Hair Shaft
Other Body Fluids
What is used for the Confirmatory Test as indicated by RA 9165?
Gas chromatography/Mass spectrophotometry
What is the drug information system or database as indicated by RA 9165?
Integrated Drug Test Operation and Management Information System (IDTOMIS)
Who are the candidates for mandatory drug testing? (4)
● Applicants for driver’s license
● Applicants for firearm’s license and for permit to carry Firearms Officers and members of the military, police, and other law enforcement agencies
● All persons charged with a criminal offense (with a possible penalty of imprisonment not less than six years and one day)
● All candidates for public office
What are the dangerous drugs? (7)
- Opium
- Morphine
- Heroin
- Cocaine or cocaine hydrochloride
- Methamphetamine hydrochloride or “shabu”
- Marijuana/ resin/ oil
- Any of the following, but not limited to:
● methylenedioxymethamphetami ne (MDMA) or “ecstasy,”
● paramethoxyamphetamine (PMA),
● trimethoxyamphetamine (TMA),
● lysergic acid diethylamine (LSD),
● gamma hydroxybutyrate (GHB),
● and those similarly designed drugs (and their derivatives) without having any therapeutic value
