FINALS Flashcards by Unknown Unknown

symbolizes the continuous involvement where practice and education must always be integrated

Circle

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is the trilogy of love, respect and integrity

Triangle

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symbolizes the science of medical technology profession

microscope and snake

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the color of health

green

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the year of the first PAMET

1964

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____________ organized PAMET on September 15, 1963 at Public Health Laboratory

Crisanto G. Almario

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__________ first national convention at FEU

September 20, 1964

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● A few days before the declaration of martial law, Marcos declared the ____________ as a celebration of
the medical technology profession

third week of december

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is the strict adherence to a moral code, reflected in transparent, honesty, truthfulness

Integrity

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refers to the positive traits and values, more responsibility, social responsiveness

Professionalism

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is the conditional unwavering and selfless dedication

Commitment

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is the high quality performance by advocating and adhering to international standards

Excellence

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is the necessary linkage, support, involvement and sharing that will increase success

Unity

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5 core values of mt laws

IPCEU

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________ is very basic

Law

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→ The mother of all laws in a particular country, in a partcular
state is what we call the _________

constitution

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→ The constitution is defined as _____________ it is the basic law of the land. In the law from all laws
should follow

the fundamental law of the
land;

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_________is a republican and democratic state or
country, because it is a democratic and republican state they
have three branches of the government

Philippines

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executes the law

Executive

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makes the law

Legislative

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interprets the law

Judiciary

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We have two branches of the legislative, the upper house or
the house of senate the lower of house or the house of
representatives these two houses are called _________

congress

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_________ is composed of senators elected by
the people

house of senate

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s is composed of the members
of the house of representatives or the congressman that we
call

house of representatives

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→ Consolidated bills will now be transmitted to the president for signature, if the president will sign the bill it becomes a law. After publication it becomes effective but if the president will not sign the law or sent to provision we call it the power of the president, the power to veto or the _____________

power of veto of the president

___________ is considered as a system of rules, regulations, and enforced by the government

Law

___________ it is a system of rules and regulations made by a government that regulate the conduct of the people within a society

Law

→ There is no crime, if there is no law punishing it → The law maybe harsh, but that is the law

Latin maxim: nulla poena sine lege non excusat

→ harsh is the law, but that is the law

● dura lex sed lex

→ Ignorance of the law excuses no one from compliance therewith

Ignorantia juris non excusat or Ignorantia legis neminem excusat

He who alleges must prove

● Allegata et probata

● An Act Requiring the Registration of Medical Technologist, Defining their Practice, and for other Purposes

5527

● This Act may be also cited as the Philippine Medical Technology Act of __________

1969

A person shall be deemed to be in the practice of medical technology within the meaning of this Act, who shall for a fee, salary or other compensation or reward paid or given directly or indirectly through another, renders any of the following professional services for the purpose of aiding the physician in the diagnosis, study and treatment of diseases and in the promotion of health in general:

Practice of Medical Technology

A duly registered physician who is specially trained in methods of laboratory medicine, or the gross and microscopic study and interpretation of tissues, secretion and excretions of the human body and its functions in order to diagnose disease, follow its course, determine the effectivity

Pathologist

A person who engages in the work of medical technology under the supervision of a pathologist or licensed physician authorized by the Department of Health in places where there is no pathologist and who having passed the prescribed course (Bachelor of Science in Medical Technology/Bachelor of Science in Hygiene) of training and examination is registered under the provision of this Act

. Medical Technologist

- A person certified and registered with the Board as qualified to assist a medical technologist and/or qualified pathologist in the practice of medical technology as defined in this Act

Medical Laboratory Technicians

A clinical laboratory, office, agency, clinic, hospital or sanitarium duly approved by the Department of Health2 or its authorized agency.

Accredited Medical Technology Training Laboratory

Any school, college, or university which offers a course in Medical Technology approved by the Department of Education in accordance with the requirements under this Act, upon recommendation of the council of medical technology education.

Recognized School of Medical Technology

The council of medical technology education established under this Act

Council

The Board of Examiners for Medical Technology established under this Act.

. Board

▪ Chairman ▪ Chairman of the Professional Regulation Commission as Vice-Chairman ▪ Director of the Bureau of Research and Laboratories of the Department of Health ▪ The Chairman and two (2) members of the Board of Medical Technology ▪ A representative of the Deans of Schools of Medical Technology and Public Health ▪ The Presidents of the Philippine Society of Pathologists ▪ The Philippine Association of Medical Technologists, as members

sECTION 3

In section 4 Chairman Members

P50.00 P25.00

refers to any natural juridical person, government instrumentalities/agencies, partnership, corporation or agency seeking a license to operate and maintain a clinical laboratory.

Applicant —

the checklist which prescribes the minimum standards and requirements for licensure of clinical laboratory

Assessment Tool

a facility that is involved in the (a) pre-analytical, (b) analytical, and (c) post-analytical procedures, where tests are done on specimens from the human body to obtain information about the health status of a patient for the prevention, diagnosis and treatment of diseases.

. Clinical Laboratory (CL)

— a formal authorization issued by the DOH to an individual, partnership, corporation, association or any government agency/unit seeking to perform laboratory tests in compliance with the requirements prescribed in this Order.

Department of Health - License to Operate (DOH-LTO)

— a permit issued by DOH through HFSRB or Center for Health Development-Regulation, Licensing and Enforcement Division (CHD-RLED) to an applicant who will establish and operate a hospital or other health facility, upon compliance with required documents prior to the actual construction of the said facility

Department of Health - Permit to Construct (DOH-PTC)

— a program where participating CL are given unknown samples for analysis. These samples should be treated as ordinary human specimens for the usual processing and examination. The quality of performance of the CL shall be assessed through the closeness of its results to the pre-determined value or reference value generated by the participating CL through peer group analysis

External Quality Assessment Program (EQAP

refer to applications by newly constructed health facilities, or those with changes in the circumstances of the facility, such as, but not limited to, change of ownership, transfer of site, increase in beds or for additional services beyond their service capability and major alterations or renovations

Initial Application

a laboratory testing unit capable of performing limited CL diagnostic procedures. It moves from one testing site to another, and it has a DOH-licensed CL as its main laboratory.

Mobile Clinical Laboratory (MCL

an EQAP activity conducted by the National Reference Laboratories to assess the quality of performance and accuracy of the results of laboratories. - an act that is done nationwide

National External Quality Assessment Scheme (NEQAS)

the highest level of laboratory in the country performing highly complex procedures, including confirmatory testing, that is not commonly performed by the lower level of laboratory. It is the responsible entity for facilitating NEQAS to ensure compliance to quality standards for regulation and licensing ofall laboratories in the Philippines.

National Reference Laboratory (NRL)

refers to a doctor’s office/clinic wherein CL examinations are performed for the purpose of monitoring the doctor’s patients only, wherein NO official results shall be issued. In this Order, POL within the premises of a DOH-regulated facility shall be under the supervision of the CL.

Physician’s Office Laboratory (POL)

refers to diagnostic testing done at or near the site of patient care rather than in the CL. It may be in the emergency room, operating suites, wards, and ambulances

Point of Care Testing (POCT)

refers to an extension of the main CL located within the facility’s compound or premises. It shall have the same service capability as the main clinical laboratory

. Satellite Clinical Laboratory (SCL)

refers to CL tests that are either sent-out or outsourced to other DOH licensed CL with the same or higher service capability. - when you sent a particular specimen to another hospital having the same capability or higher service capability

Referral Tests

classifies the different clinical laboratories in different ways.

AO 2021-0037

Operated and maintained partially, or wholly owned by the national government, local government unit, or any other political unit.

Government clinical laboratory

● Privately owned, established, and operated by private individuals or corporations from funds through donation, principal investment, or other means

Private clinical laboratory

● It is a clinical laboratory that is located within the premises and operates as part of a DOH liscence health facility. Licensed health facility is generally and usually refers to hospitals

Institutioned based

● It is a clinical laboratory that is not attached to any health facility. ● It is a stand alone clinical laboratory

Non-institution based

Deals with chemical analysis of blood and other body fluids. ● Clinical pathology are clinical laboratories that performs regular

Clinical pathology clinical laboratory

Provides processing and examination of surgical specimen as to physical appearance, microscopic structure of tissues, and such as but not limited to surgical pathology, cytopathology, and others. ● Performs histopathological techniques and procedures.

◆ Anatomic pathology clinical laboratory

Deals with analysis and testing of genes, proteins, and other molecules from the samples of organs, tissues, and body fluids. ● High class than anatomical and clinical pathology, ● Diagnose unordinary diseases that can’t see with ordinary clinical procedures

◆ Molecular pathology clinical laboratory

Clinical; laboratory for clinical and anatomic pathology

○ Primary ○ Secondary ○ Tertiary ○ Limited

these are the tests that they are limited to and are allowed to perform: Urinalysis and Fecalysis, Fecal Occult Blood Test, Pregnancy Test, Wet Smear for Trichomonas

For Clinical Microscopy

Fasting and Random Blood Sugar, Oral Glucose Tolerance Test, Lipid Profile (Total Cholesterol, HDL, LDL, Triglycerides), Creatinine, Blood Urea Nitrogen, Blood Uric Acid

For Clinical Chemistry

Complete Blood Count (Hemoglobin, Hematocrit, Red Blood Cell Count, White Blood Cell Count with Differential Count, Quantitative Platelet Count), Forward and Reverse

For Hematology

They can only perform tests particular to Dengue, Syphilis, Hepatitis B (Screening), HIV (Screening), Using Rapid Test Kits

For Serology/Immunology:

Tuberculosis or Nucleic Acid Amplification Test only for government facilities ❖ In microbiology, if you are a private clinical laboratory, you cannot perform TB or Nucleic Acid Amplification Test because this is only for the government, for primary clinical laboratory, government-owned

➔ For Microbiology

Primary Clinical Laboratory (5)

Clinical microscopy Clinical chemistry Hematology Serology/immunology Microbiology CCHSM

Secondary clinical laboratory (5)

Clinical chemistry Hematology Serology/immunology Microbiology Anatomic pathology CHSMA

● Tertiary Clinical Laboratory (4)

Clinical Chemistry Serology/Immunology Microbiology Anatomic pathology

_____________ is required before one will receive the license to operate. Permit to construct is not only required for the construction of the building alone, rather it is also needed for any renovation or expansion in the existing clinical laboratory. More so, the permit to construct is still required when there is a change of ownership in the clinical laboratory.

permit to construct

Once you are issued with the permit to construct, the next step you need to undertake is to get a _________

License to operate

We have to remember also that the license to operate is _________. The clinical laboratory that has been issued with the license will only be the one that will be allowed to operate. The license to operate is ____________

personal and not transferable

C. Certificate of Registration (COR)

1. COR is required for research and teaching laboratories . 2. Applicants shall submit an accomplished registration form together with the necessary attachments to HFSRB, which includes Annex for services. 3. The applicant shall be required to pay a non-refundable application fee before submission of the requirements as part of complete application. 4. The HFSRB shall evaluate and accept applications based on the due execution of forms and completeness of attachments - If a clinical laboratory is intended for research and teaching then they must get a COR from DOH - Before submitting an application, the applicant must first pay a non-refundable fee. - COR is exclusively for research and teaching laboratories only

i. 1st offense: ___________ ii. 2nd offense: ____________ iii. 3rd offense: _____________ iv. 4th offense: __________

stern warning 30,000 50,000 revocation of DOH-LTO

is/should be the head of a laboratory. He/She shall be responsible for the operation of the entire laboratory, personnel, functions, and data, all of which shall meet quality assurance criteria and regulatory requirements.

PAthologist

➔ In a clinical laboratory depending on how big it is, its category, etc., there shall be a sufficient registered full-time medical technologists that will be performing laboratory procedure. ➔ These laboratories shall also have a staff development and continuing education program for the staff especially the registered medical technologists so that they are updated. ➔ There shall be a designated Biosafety and Biosecurity Officer in-charge primarily of the risk assessment of the DOH licensed clinical laboratory. ❖ Usually, those who are designated are those RMTs

● Registered Medical Technologist (RMT)

Other than RMTs, it shall also have a sufficient number of laboratory technicians, laboratory aide, encoders, and receptionists. Otherwise, the operations in the clinical laboratory will be affected, there will be errors in the laboratory results if for example the number of personnel is insufficient.

● Support Staff

shall also have sufficient number of personnel such as registered medical technologists, laboratory technicians, support staff such as driver

● Mobile Clinical Laboratory Personnel

➔ In a mobile clinical laboratory, the requirement of the law is that the collection area (the area where a specimen will be collected) shall be located within the same region and at a maximum of one hundred (100) kilometer radius from the address of the DOH licensed clinical laboratory.

● Mobile Clinical Laboratory

is an extension of a main clinical laboratory. It can collect specimens for tests that will be conducted in the main clinical laboratory, provided that these tests are provided within the license to operate the main clinical laboratory

Mobile clinical laboratory

Mobile clinical lab (4)

Urinalysis ➔ Fecalysis ➔ Pregnancy test (lateral flow) ➔ Basic serologic tests using rapid test kits: dengue, screening of hepatitis B, RPR/syphilis test, and HIV UFPB

AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR ENSURING NEWBORN SCREENING

REPUBLIC ACT NO. 9288

9288 also known as ________

Newborn Screening Act of 2004."

a formal authorization coming from the DOH given to an individual, partnership, a corporation or association and to the newborn screening centers

Accreditation

refers to Department of Interior and Local Government

. DILG

Department of Health that implements the provisions of Newborn Screening Act

DOH

- refers to the monitoring of a newborn with a heritable condition for the purpose of ensuring that the newborn patient complies fully with the medicine of dietary prescriptions.

Follow-Up

refers to hospitals, health infirmaries, health centers, lying-in centers or puericulture centers with obstetrical and pediatric services, whether public or private

Health Institutions -

- refers to physicians, nurses, midwives, nursing aides and traditional birth attendants.

Healthcare Practitioner

- any condition that can result in mental retardation, physical deformity or death if left undetected and untreated and which is usually inherited from the genes of either or both biological parents of the newborn

. Heritable Condition

IRR

Implementing rules and regulation

LGU

Local Government Unit

______________ refers to tertiary hospitals equipped to diagnose and manage confirmed cases/heritable condition of a newborn

National Comprehensive Newborn Screening System Treatment network NCNBSSTN

NIHP

National Institute of Health in the Philippines

________ - it is defined as a child from the time of complete delivery to ________days old

Newborn - 30 days

_____________ refers to a process of collecting a few drops of blood from the newborn onto an appropriate collection card and performing biochemical testing for determining if the newborn has a heritable condition

Newborn Screening

_________ it is a facility equipped with a newborn screening laboratory that complies with the standards established by the NIH and provides all required laboratory tests and recall/follow-up programs for newborns with heritable conditions

Newborn Screening Center

___________ ito yung ginagamit natin for newborn screening. kit na siya, nandoon na lahat

Newborn Screening Specimen Collection Kit NSSCK

Materials needed for newborn screening samples such as: (3)

➔ filtered collection cards ➔ lancets ➔ information materials and etc. FLI

One of the most important process in newborn screening ● is a procedure of locating a newborn with a positive screening result from a positive heritable condition for the purposes of providing that newborn with appropriate laboratory testing to confirm the diagnosis and provide treatment

Recall

after recall ● to give sufficient care in order to preven mental retardation, deformity and death ● to determine if the child is given proper dietary prescription and medical attention to its condition

FOLLOW-UP

provides a prompt, appropriate and adequate medicine, medical and surgical management or dietary prescription to a newborn for purposes of treating or mitigating the adverse health consequences of heritable conditions or to lessen the condition.

Treatment

a system composed of several groups and coordinate with each other for the purpose to save newborn with heritable conditions, prevent, and for early detection ● Information dissemination particularly on the importance of the newborn screening tests

NATIONAL COMPREHENSIVE NEWBORN SCREENING SYSTEM NCNSS

the four system (National Comprehensive Newborn Screening System):

➔ Information Education Dissemination (IED) ➔ Collection of Blood from Newborn ➔ Tracking ➔ Clinical Evaluation ICTC

The actual Newborn screening shall be performed after the _________ of life but not later than _________from the complete delivery

ESTRELLA 28:04-42:05 24 hrs and 3 days

___________ can only be performed or shall only be performed by trained health workers such as physicians, medial technologists, nurses, and mid wives.

COLLECTION OF SAMPLES

● Main Disorders

○ Congenital Hypothyroidism ○ Congenital Adrenal Hyperplasia ○ Phenylketonuria ○ Glucose-6-phosphate dehydrogenase deficiency ○ Galactosemia ○ Maple Syrup Urine Disease CCPGGM

● Expanded Disorders

○ Hemoglobinopathies ○ Additional Metabolic Disorders ○ Organic Acid Disorders ○ Fatty Acid Oxidation Disorders ○ Amino Acid Disorders HAOFA

_______________ participation has something to do with requiring or encouraging different local government units (LGU) such as barangays, municipalities, cities, and provinces to enact ordinances relating to newborn screening, to encourage them to provide subsidies, as well as to help in the location of the children or the recall for the newborn

The Department of Interior and Local Government’s (DILG)

__________ is also involved in information dissemination and they also participate in the recall, follow-up, treatment, as well as provide subsidies for newborn screening fees.

The Local Government Unit (LGU)

__________ is required to package benefits for PhilHealth members to newborn screening. For example, if you are a PhilHealth member, these are the benefits that will be shouldered by PhilHealth wherein fees for newborn screening is already included. If the parent or guardian of the newborn is not a member of PhilHealth, they are required to shoulder the fees for newborn screening

PhilHealth

________will go to the DOH Regional Office __________will go to the Newborn Screening Center, for human resource development, and equipment maintenance and upgrading. _________will also go to the National Institutes of Health Philippines which oversees overall supervision, training, continuing education, maintenance of national database, quality assur

In short, _______ will go to the Newborn Screening Center but the _______ is specifically for human resource development and equipment maintenance and upgrading

92% 4%

____________ was also mentioned. It is required to establish a newborn screening reference center and that national newborn screening reference center

National Institutes for Health Philippines NIHP

Also known as “National Blood Services Act of 1994”

7719

Administrative Order 2008-0008 implements the RA 7719

Department of Health

Under RA 7719, there is a term called Act

ACT

means Authority to Operate this is usually issued by the Regional Office of the Department of Health to a Blood Collection Unit or a Blood Station

ATO

it refers to Bureau of Health Facilities and Services of the DOH

BHFS

- refers to human blood for transfusion

Blood

- refers to the whole blood to red cells, granulocytes, plasma, platelets, cryoprecipitate and cryosupernatant

. Blood Component

refers to Blood Service Facility a unit or agency providing blood products. The term BSF is a generic term. There are different types of BSF and the following are Blood Station, Blood Collection Unit, Hospital Blood Bank & Blood Center

BSF

an organization composed of designated blood centers, hospital blood banks and other health facilities established to provide for blood needs of specific geographical area.

Blood Service Network

Center for Health Development / the regional office of DOH

CHD

a hospital with a licensed clinical laboratory capable of RBC typing, crossmatching and it doesn’t have any blood service facility but it will merely received blood & blood component or blood transfusion as needed

End-User Hospital

- a licensed/accredited non-hospital health facility without a licensed clinical laboratory but which administers blood· transfusion. (e.g. dialysis centers, birthing clinic)

End User Non Hospital Health Facility

refers to External Quality Assessment which is a standard assessment being done by the DOH regularly

EQAS

➔ it is mandated under the law that all hospital should have this type of committee. A committee that focuses on all blood transfusion that is done in the hospital

HBTC - hospital blood transfusion committee

➔ given to a blood bank or blood center. For ATO, given to blood collection unit & blood station

LTO

- refers to a donor who gives blood freely and voluntarity without receiving money or any form of payment.

. Voluntary Non-Remunerated Blood Donor

This Act shall be known as “National Blood Services Act of 1994”

7719

refers to human blood, processed or unprocessed and includes blood components, its products and derivatives

. BLOOD/BLOOD PRODUCT

a laboratory or institution with the capability to recruit and screen blood donors, collect, process, store, transport and issue blood for transfusion and provide information and/ or education on blood transfusion transmissible diseases

BLOOD BANK/CENTER

a blood bank that exists for profit;

COMMERCIAL BLOOD BANK

a blood bank which is located within the premises of a hospital and which can perform compatibility testing of blood;

HOSPITAL-BASED BLOOD BANK

– an institution or facility duly authorized by the Department of Health to recruit and screen donors and collect blood;

BLOOD COLLECTION UNIT

one who donates blood on one’s own volition or initiative and without monetary compensation;

VOLUNTARY BLOOD DONOR

– the Department of Health;

DEPARTMENT

diseases which may be transmitted as a result of blood transfusion, including AIDS, Hepatitis-B, Malaria and Syphilis

BLOOD TRANSFUSION TRANSMISSIBLE DISEASES

the Secretary of Health or any other person to whom the Secretary delegates the responsibility of carrying out the provisions of this Act; and

SECRETARY OF HEALTH

an individual included in the list of qualified voluntary blood donors referred to in Section 4, paragraph (e), who is ready to donate blood when needed in his/her community

WALKING BLOOD DONOR

two types of ownership

government and private

two types of institutional character

hospital-based blood service facility hospital-based blood service facility

partially or wholly owned by the government

Government

not owned by the government - owned by private individuals, corporation, partnership and etc. - money is supported by private individuals or private sectors

Private

connected or within the premises of a licensed hospital

Hospital-based blood service facility

- could either be government owned or Red Cross owned - located outside the premises of a hospital - stand-alone facility, not connected to any licensed hospital

Non hospital-based blood service facility

advocates, promotes voluntary donation and healthy lifestyle

○ Blood Station

information education and promotion of voluntary blood donations

○ Blood Collection Unit

one place to another

mobile

within the facility

facility-based

provides information education dissemination, campaign advocacy and promotion of voluntary blood donation

BLOOD BANK

license, accredited or approved facility for storing human bodies or parts thereof. ○ does not include blood (bloodbank)

Organ Bank Storage Facility

the deceased person

Decedent

- person who donates or makes a legacy of all or only a part of his/her body

- refers to individuals specified under RA 7170

Donor

are the ones who prepared the document (legacy) donating his/her body at the time of his living. Donation would take effect after his/her death

○ Testator

a hospital licensed, accredited or approved to exist under the law

Hospital

an organ, tissue, eye, bone, arteries and other fluid or portion of the human body that can be transplanted

Part

an individual, incorporation, estate, trust, partnership, association, government and agencies

Person

licensed or authorized to practice medine under the law

Physician/Surgeon

persons that are specified under RA 7170

Immediate family of decedent

irreversible cessation, stoppage of obsculatory and circulatory function of a person. it is also an irreversible cessation of the entire function of the brain including the brain stem

Death

Donor: (in a particular sequence

1.spouse 2. Son or daughter of legal age 3. Parents of the decedent 4. Brother or sister of legal age 5. Guardian over the decedent at the time of his death

recipients of the organs or the body of the person donating his/her body

○ Legatee

recipient for the donated organs by a person or an immediate family relative of the decedent

Donee

- can be legatees or donees - for medical or dental education, - research advancements of medical or dental science, - therapy and transplantation

■ Hospital physician or Surgeons

- can be legatees or donees - education, research, advancements of medical or dental science, - therapy

■ Accredited Medical or Dental schools (colleges or universities)

- Medical or dental education, research, therapy or transplantation

Organ Bank Storage Facility

therapy or transplantation needed by that specified individual

Specified Individuals (under RA 7170)

2 qualifying physicians should not be any of the following

Member of the team who will effect the removal of organ from the body ❖ Physician attending to receipt of organs to be removed ❖ Head of hospital or designated officer authorizing removal of organs

made by the testator or donor in the presence of two other persons or witnesses and communicated to the legatee or donee

Oral statement

by the testator or donor to the effect that he wants to amend or revoke the donation and at the time of the terminal illness or injury, the statement is addressed to the attending physician and that statement should be communicated to the recipients (legatee or donee) to that effect found on the person or effects of testator or donor

A statement made during a terminal illness or injury

– The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

) Chemical Diversion.

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

Clandestine Laboratory

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

The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense.

Controlled Delivery

Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Ac

Controlled Precursors and Essential Chemicals. –

Any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug

Cultivate or Culture

Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act

Dangerous Drugs

Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration.

Deliver

– A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

) Den, Dive or Resort

Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription.

) Dispense

As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use.

) Drug Dependence

Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act

Drug Syndicate

– The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof.

) Employee of Den, Dive or Resort.

Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act

Financier

The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical

Illegal Trafficking

Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.

Instrument

The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.

Laboratory Equipment.

The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose

Manufacture

Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.

Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name

Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name

Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or not

) Opium

Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes.

) Opium Poppy

Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.

PDEA

Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations.

person

– The willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this Act.

Planting of Evidence

– Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines

Practitioner

Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator

) Protector/Coddler

Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act.

Pusher

– Any educational institution, private or public, undertaking educational operation for pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings in a particular physical or cyber site.

school

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

screening test

– Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration

sell

Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act.

Trading

– Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of the dangerous drug

k) Use

The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes

. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.-

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

Maintenance of a Den, Dive or Resort

The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug

Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential chemical.

Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.

- The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act.

Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

Possession of Dangerous Drugs. -

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in the case of medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof.

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

Any person found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such dangerous drugs.

Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings

- The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person, who shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons.

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

A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply

Use of Dangerous Drugs

- The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided, That in the case of medical laboratories and medical research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical experiments and research purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and materials

. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof

The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40 of this Act.

Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

– The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological condition does not require the use or in the dosage prescribed therein, as determined by the Board in consultation with recognized competent experts who are authorized representatives of professional organizations of practitioners, particularly those who are involved in the care of persons with severe pain.

. Unnecessary Prescription of Dangerous Drugs

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug

. Unlawful Prescription of Dangerous Drugs.

Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and the possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby, and the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.

Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals

– The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner

Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipmen

The Board shall recommend to the concerned government agency the grant of compensation, reward and award to any person providing information and to law enforcers participating in the operation, which results in the successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals.

Grant of Compensation, Reward and Award

– Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining

Plea-Bargaining Provision.

Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended

Non-Applicability of the Probation Law for Drug Traffickers and Pushers

– Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable

Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act.

Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed

The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees

Criminal Liability of Government Officials and Employees

Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death

Criminal Liability for Planting of Evidence

In case any violation of this Act is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal.

Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by the Board.

Liability to a Person Violating Any Regulation Issued by the Board

– Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided, That the following conditions concur:

. Immunity from Prosecution and Punishment.

The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated.

4. Termination of the Grant of Immunity

A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to, the rights of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction.

Accessory Penalties

shall be done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. The DOH 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. The drug testing shall employ, among others, two (2) testing methods, the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will confirm a positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other purposes. The following shall be subjected to undergo drug testing

Authorized Drug Testing

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 the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

Issuance of False or Fraudulent Drug Test Results

Subject to Section 15 of this Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening laboratory examination or test within twenty-four (24) 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 drugs. If found to be positive, the results of the screening laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas chromatograph/mass spectrometry equipment or some such modern and accepted method, if confirmed the same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions

8. Laboratory Examination or Test on Apprehended/Arrested Offenders

The DOH 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. The DOH 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. There shall be a control regulations, licensing and accreditation division under the supervision of the DOH for this purpose.

Accreditation of Drug Testing Centers and Physicians

– The family being the basic unit of the Filipino society shall be primarily responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of family members who may be susceptible to drug abuse.

1. Involvement of the Family

All elementary, secondary and tertiary schools' student councils and campus organizations shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug dependence

2. Student Councils and Campus Organizations

– Instruction on drug abuse prevention and control shall be integrated in the elementary, secondary and tertiary curricula of all public and private schools, whether general, technical, vocational or agro-industrial as well as in non-formal, informal and indigenous learning systems. Such instructions sha

. School Curricula

For the purpose of enforcing the provisions of Article II of this Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers

Heads, Supervisors, and Teachers of Schools.

s. – With the assistance of the Board, the Secretary of the Department of Education (DepEd), the Chairman of the Commission on Higher Education (CHED) and the Director-General of the Technical Education and Skills Development Authority (TESDA) shall cause the development, publication and distribution of information and support educational materials on dangerous drugs to the students, the faculty, the parents, and the communit

Publication and Distribution of Materials on Dangerous Drug

With the assistance of the Board, the Department of the Interior and Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and Development (DSWD) shall establish in each of its provincial office a special education drug center for out-of-school youth and street children. Such Center which shall be headed by the Provincial Social. Welfare Development Officer shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug abuse. The programs initiated by the Center shall likewise be adopted in all public and private orphanage and existing special centers for street children

. Special Drug Education Center

It is deemed a policy of the State to promote drug-free workplaces using a tripartite approach. With the assistance of the Board, the Department of Labor and Employment (DOLE) shall develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by private companies with ten (10) or more employees. Such program shall include the mandatory drafting and adoption of company policies against drug use in the workplace in close consultation and coordination with the DOLE, labor and employer organizations, human resource development managers and other such private sector organizations

Drug-Free Workplace

– The Board and the DOLE shall formulate the necessary guidelines for the implementation of the national drug-free workplace program. The amount necessary for the implementation of which shall be included in the annual General Appropriations Act.

Guidelines for the National Drug-Free Workplace Program

All labor unions, federations, associations, or organizations in cooperation with the respective private sector partners shall include in their collective bargaining or any similar agreements, joint continuing programs and information campaigns for the laborers similar to the programs provided under Section 47 of this Act with the end in view of achieving a drug free workplace

Labor Organizations and the Private Sector

The labor sector and the respective partners may, in pursuit of the programs mentioned in the preceding Section, secure the technical assistance, such as but not limited to, seminars and information dissemination campaigns of the appropriate government and law enforcement agencies.

Government Assistance

–appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents

. Local Government Units' Assistance

Any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the following procedures:

Abatement of Drug Related Public Nuisances

If the Board declares a place or premises to be a public nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance

. Effect of Board Declaration

A drug dependent or any person who violates Section 15 of this Act may, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency. If the examination by a DOH-accredited physician results in the issuance of a certification that the applicant is a drug dependent, he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center designated by the Board for a period of not less than six (6) months: Provided, That a drug dependent may be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the residence of the drug dependent or where said drug dependent is below eighteen (18) years of age and is a firs

. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation.

Upon certification of the Center that the drug dependent within the voluntary submission program may be temporarily released, the Court shall order his/her release on condition that said drug dependent shall report to the DOH for after-care and follow-up treatment, including urine testing, for a period not exceeding eighteen (18) months under such terms and conditions that the Court may impose

Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary Submission Program

– A drug dependent who is discharged as rehabilitated by the DOH-accredited Center through the voluntary submission program, but does not qualify for exemption from criminal liability under Section 55 of this Act, may be charged under the provisions of this Act, but shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the court, without prejudice to the outcome of any pending case filed in court

Probation and Community Service Under the Voluntary Submission Program

– A drug dependent, who is not rehabilitated after the second commitment to the Center under the voluntary submission program, shall, upon recommendation of the Board, be charged for violation of Section 15 of this Act and prosecuted like any other offender. If convicted, he/she shall be credited for the period of confinement and rehabilitation in the Center in the service of his/her sentence.

. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program

– Should a drug dependent under the voluntary submission program escape from the Center, he/she may submit himself/herself for recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him for recommitment, in which case the corresponding order shall be issued by the Board

Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program

Judicial and medical records of drug dependents under the voluntary submission program shall be confidential and shall not be used against him for any purpose, except to determine how many times, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement, treatment and rehabilitation or has been committed to a Center under this program.

. Confidentiality of Records Under the Voluntary Submission Program

– Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose

Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program.

If a person charged with an offense where the imposable penalty is imprisonment of less than six (6) years and one (1) day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and transmit copies of the record of the case to the Board.

Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation

– The period of prescription of the offense charged against a drug dependent under the compulsory submission program shall not run during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the Board.

Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program

The records of a drug dependent who was rehabilitated and discharged from the Center under the compulsory submission program, or who was charged for violation of Section 15 of this Act, shall be covered by Section 60 of this Act. However, the records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the court and their use shall be determined by the court, taking into consideration public interest and the welfare of the drug dependent

Confidentiality of Records Under the Compulsory Submission Program

It shall be the duty of the provincial or the city prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this Act.

5. Duty of the Prosecutor in the Proceedings

An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions:

Suspension of Sentence of a First-Time Minor Offender.

If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings.

Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender.

The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated

Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender

If the accused first-time minor offender violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person

Promulgation of Sentence for First-Time Minor Offender.

Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the sentence provided under this Act is higher than that provided under existing law on probation, or impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order.

Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment

– The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offende

Records to be kept by the Department of Justice

The penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person who, having official custody of or access to the confidential records of any drug dependent under voluntary submission programs, or anyone who, having gained possession of said records, whether lawfully or not, reveals their content to any person other than those charged with the prosecution of the offenses under this Act and its implementation. The maximum penalty shall be imposed, in addition to absolute perpetual disqualification from any public office, when the offender is a government official or employee. Should the records be used for unlawful purposes, such as blackmail of the drug dependent or the members of his/her family, the penalty imposed for the crime of violation of confidentiality shall be in addition to whatever crime he/she may be convicted of.

Liability of a Person Who Violates the Confidentiality of Records

– Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in any manner, prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug dependent, whether under voluntary submission program or compulsory submission program, may be cited for contempt by the court

Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency

The parent, spouse, guardian or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary submission program or compulsory submission program shall be charged a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into consideration the economic status of the family of the person confined. The guidelines therein formulated shall be implemented by a social worker of the local government unit

Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent

The existing treatment and rehabilitation centers for drug dependents operated and maintained by the NBI and the PNP shall be operated, maintained and managed by the DOH in coordination with other concerned agencies. For the purpose of enlarging the network of centers, the Board through the DOH shall encourage, promote or whenever feasible, assist or support in the establishment, operations and maintenance of private centers which shall be eligible to receive grants, donations or subsidy from either government or private sources. It shall also support the establishment of government-operated regional treatment and rehabilitation centers depending upon the availability of funds. The national government, through its appropriate agencies shall give priority funding for the increase of subsidy to existing government drug rehabilitation centers, and shall establish at least one (1) drug rehabilitation center in each province, depending on the availability of funds

Treatment and Rehabilitation Centers.

FINALS Flashcards

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