Legal Aspects of Drug Testing ● Officers and employees of public and

COMPREHENSIVE DANGEROUS DRUGS ACT private offices (domestic or overseas).

OF Provided, required under the company’s
2002 (R.A. 9165) work rules and regulations.
● Safeguard the state, its citizens from REQUISITES:
harmful effects of dangerous drugs. ● Cost shall be borne by employer.
● Enhance the efficiency of the law against ● Positive results shall be ground for
dangerous drugs. suspension or termination, subject to
● Enhance campaign against trafficking and provisions of Art 282 of the Labor code
use of dangerous drugs. **All positive drug test results shall be subjected to
● Re-integrate drug users back into the confirmatory testing using GC-MS or such modern,
society. acceptable methods.
Art III, Sec. 36: Authorized Drug Testing And if found positive (after confirmatory
● Drug testing shall be done by any testing)?
government forensic lab or lab accredited First offense
and monitored DOH. ● Minimum 6months Rehabilitation in a
● DOH shall set the price/cost of drug testing. government center.
● Shall use two methods of testing (screening Second offense
and confirmatory). ● Imprisonment 6 years 1 day to 12years and
Who are required to undergo MANDATORY Fine of 50,000 to 200,000 pesos. [Sec.15]
drug testing? Test Result
● Applicants for driver’s license (new & ● Valid for one (1) year from date of issue
renewal). [Sec. 36].
● Applicants for firearm’s license. ● May be used for other purposes [Sec. 36].
● Applicants for permit to carry firearms ● Positive screening lab test must be
outside of residence. confirmed for it to be valid in court [Sec. 38].
Mandatory Drug Testing ● Shall be signed by the analyst: head of the
● Officers and members of the military, police lab shall sign all test results to be submitted
and other law enforcement agencies to any government agency.
(annual drug testing). ● For (+) results: original shall be given to
● All persons who by nature of their client immediately; copies shall be given to
profession carry firearms (e.g. security BHFS and the requesting agency; DTL shall
guards). retain copy.
● Any person arrested for violations of the ● Shall be in the form prescribed by BHFS.
provisions of R.A. 9165, subjected to ● Confidential; only government agencies
screening drug test within 24hours. If shall be provided with a copy upon
positive, confirmatory testing within 15 days WRITTEN REQUEST.
after receipt of results (Sec. 38, R.A. 9165). Issuance of False or Fraudulent Drug Test
● All candidates for public office whether Result
appointed or elected both in national or local ● “xxx who issues false or fraudulent drug test
government. results knowingly, willfully or through
Random Drug Testing negligence shall suffer the penalty of
WHO MAY UNDERGO RANDOM DRUG IMPRISONMENT of 6years and 1day up to
TESTING? 12years and a FINE from 100,00 to 50,000
● Students of Secondary and Tertiary schools pesos.
(DECS/CHED to implement). ● Plus REVOCATION OF LICENSE to
REQUISITES: practice the profession and CLOSURE of
● Pursuant to rules and regulations as drug testing center [Sec. 37]
contained in the schools student handbook.
● With notice to parents.
● Government shall bear the cost of drug
testing (private or public schools).
Liability of person who violates the DRUG ABUSE AND PREVENTION PROGRAM
confidentiality of records: (DAPP) ORGANIZATIONAL CHART
● Imprisonment ranging from 6months and
1day to 6 years.
● Fine ranging from 1,000 to 6,000 Pesos.
● Maximum penalty shall be imposed in
addition to absolute perpetual
disqualification from any public office when
offender is a government official or
employee
Sec 91. RA 9165
● Responsibility, liability of government
officials/ employees in testifying as
prosecution witness in Dangerous Drug
Cases:
● “failure refusal to testify as witness hall be
punished with imprisonment of not less than
12years and 1day to 20years and fine of not
less than 500,000 Pesos and administrative DDB: Dangerous Drugs Board
liability.” ● Policy making body related to dangerous
REGULATORY FUNCTIONS drugs.
Bureau of Health Facilities and Services ● Composed of Undersecretary
(BHFS) Department of Health representatives from different government
Under Sec. 36 of R.A 9165 departments.
● “Authorized drug testing shall be done by Undersecretary for Special Concerns
any government forensic laboratories or by ● Program manager for DAPP.
any of the drug testing laboratories ● Concerned with all activities related to drug
accredited and monitored by the DOH” abuse (drug testing rehabilitation,
Sec. 39 of R.A. 9165: prevention)
● “The DOH shall be the sole body, tasked to ● Responsible for setting the directions
license and accredited drug testing centers formulation of plans, and implementation of
in each province and city.” program.
● There shall be a control regulations, NCFHD: National Center for Health Facilities
licensing and accreditation division under Development
supervision of the DOH for this purpose. ● Tasked to develop,encourage and establish
Duties and responsibilities of DOH (Sec 76, RA drug testing and rehabilitation centers in
9165) DOH retained hospitals and facilities.
● Licensed, accredited, establish and maintain ● Monitor its activities
drug testing network and labs. BHFS: Bureau of Health Facilities Services
● Initiate, conduct scientific research on drugs ● Accredit, license and monitor drug testing
and drug control. and rehabilitation centers.
● Encourage, assist and accredit private ● Formulate licensing and accreditation
centers. standards for DTL and rehabilitation
● Promulgate rules and regulations re DTL. centers.
● Set minimum standards for accreditation. ● Has mandate to close substandard DT and
● Oversee, monitor integration of rehabilitation Rehabilitation facilities.
centers. BFAD: Bureau of Food and Drugs
● Charge reasonable fees. ● Approves the registration of drug test kits
and reagents for marketing purposes.
● Mandate to recall substandard products and
cancel registration certificates of
manufactures.
BHDT: Bureau of Health Devices and ● To evaluate test kits & reagents, in
Technology coordination with BFAD & the BHDT-DOH
● Approve the registration of health devices and perform post market surveillance.
(equipment, machines) used for health - Formulate technical protocol for drug
purposes. test kit validation.
● License and accredit radiologic facilities. - Perform technical evaluation of
CHD: Center for Health Development DKTR.
● Formerly the regional health center. Drug Testing Laboratory
● Deputized by BHFS to:
- Accept application for
re-accreditation.
- Inspect DTL for accreditation
purposes.
- Monitor compliance to standards.
● Deputized by BFAD to:
- Withdraw drug test kits from DTL for
post market surveillance (future
plans).
● Deputized by IMS to:
- Register and validate drug kits for
IDTOMIS use. Screening DTL: Personnel Requirements
IMS: Information Management System ● Head of laboratory (HOL)
● Provides technical support in the IT ● Analyst
requirements of DTL and DRC. ● Authorized specimen collector (ASC)
● Formulates IT standards for DTL and DRC. Head of the Laboratory Qualifications:
● Program implementer of DTOMIS and Screening laboratory:
IDTOMIS. ● Clinical pathologist
National ReferenceLaboratory ● Physician trained in laboratory management
FOR ENVIRONMENTAL AND OCCUPATIONAL and quality assurance program
HEALTH , TOXICOLOGY AND MICRONUTRIENT Confirmatory laboratory:
ASSAY ● Clinical pathologist
Functions of NRL’s ● Chemist with knowledge and skills in
● To provide laboratory referral operation of GC-MS
servicesconfirmatory testing, surveillance & Analyst: Qualification
research. ● Must be a registered:
- Confirmatory tests for drug abuse. ● Chemist
- Perform challenge test. ● Medical technologist
● Develop & validate protocols of analysis for ● Pharmacist
drugs of abuse. ● Chemical engineer
● To train laboratory personnel. Authorized Specimen Collector
- Develop training modules for ● A trained individual who instructs, assists a
technical personnel of DTL. donor at collection site, receives and makes
● Conduct training for analysts, HDL. an initial inspection of specimen for drug
● To maintain a QAP for lab, tests in testing and initiates and completes the CCF.
coordination with the BHFS-DOH. Qualifications:
- Conduct of Proficiency tests (EQAS). ● At least high school graduate
- Formulate standards of GLP in Drug ● Must have undergone training on specimen
testing. collection
● To evaluate test kits & reagents, in
coordination with BFAD & the BHDT-DOH
and perform post market surveillance.