Republic Act No. 9165 Flashcards

1
Q

name of this act

A

Comprehensive Dangerous Drugs Act of 2002

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2
Q

Total number of section

A

102

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3
Q

Total number of Article

A

XIII

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4
Q

Approved on

A

June 7, 2002

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5
Q

what act it repealed?

A

RA 6425

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6
Q

RA 6425, otherwise known as the?

A

Dangerous Drugs
Act of 1972

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6
Q

Dangerous Drugs
Act of 1972 approval date?

A

March 30, 1972

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7
Q

RA 9165 was amended by

A

RA 10640

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8
Q

RA 9165 was amended by RA 10640 when?

A

JUL 15 2014

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9
Q

Why was RA 6425 repealed?

A

has many loopholes and
unregulated circumstances that would provide means on how a drug dealer or user may go about the law

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10
Q

President of the
Philippines

A

GLORIA MACAPAGAL ARROYO

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11
Q

Speaker of the House of
Representatives

A

JOSE DE VENECIA, JR

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12
Q

President of the Senate

A

FRANKLIN M. DRILON

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13
Q

Secretary of Health

A

MANUEL M. DAYRIT

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14
Q

SECTION 2. Declaration of Policy

To safeguard the integrity of its territory and the well-being of its citizenry particularly the ______, From the harmful effects of dangerous drugs on their physical and mental wellbeing

A

youth

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15
Q

SECTION 3. Definitions

Introducing any dangerous drug
into the body, with or without
his/her knowledge by injection, inhalation, ingestion or other means

A

Administer

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16
Q

SECTION 3. Definitions

Indispensable assistance to a
person in administering a
dangerous drug to himself/herself unless

Administer

A

administered by a
duly licensed practitioner for medication

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17
Q

SECTION 3. Definitions

Refers to the professional who perform the drug testing

A

Analyst

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18
Q

SECTION 3. Definitions

CERTIFIED DRUG ANALYSTS (4)

A
  • Medical Technologist
  • Chemist
  • Chemical Engineer
  • Pharmacist
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19
Q

SECTION 3. Definitions

Medical technologist For screening laboratory requirements

CERTIFIED DRUG ANALYSTS

A

undergo training and certification process,
given by NRL-EAMC

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20
Q

SECTION 3. Definitions

person who is authorized to collect specimen from the client to secure and prevent alteration of Urine specimen

A

Authorized Specimen Collector

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21
Q

SECTION 3. Definitions

guides client in filling out the chain of custody form, secures the specimen by:

Authorized Specimen Collector

A
  • sealing the container using masking tape
  • asking the client to sign the container
  • writing the time and date of collection on
    the container
  • writing marks on the masking tape using
    permanent marker
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22
Q

SECTION 3. Definitions

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

A

Clandestine Laboratory

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23
Q

SECTION 3. Definitions

The procedure to account for each specimen by tracking the handling and storage from point of collection to final disposal.

A

CHAIN OF CUSTODY

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24
Q

SECTION 3. Definitions

This procedure require that the applicant’s identity is confirmed and that a ________________ that is used from the time of collection to receipt by the laboratory.

Chain of Custody

A

chain of custody
form

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25
Q

SECTION 3. Definitions

The form used to document the procedures from the time of
collection until receipt by the laboratory.

A

Chain of Custody Form

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26
Q

SECTION 3. Definitions

There are hundreds of Dangerous drugs, but the
most important and the most common tested in screening laboratory is:

DANGEROUS DRUGS

A
  • Methamphetamine (Shabu)
  • Tetrahydrocannabinol (Marijuana)
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27
Q

SECTION 3. Definitions

Other parameters that are tested includes:

DANGEROUS DRUGS

A
  • Ecstasy
  • Opium
  • Cocaine
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28
Q

SECTION 3. Definitions

National Reference Laboratory for environmental and occupational health, toxicology and micronutrient assay

A

EAST AVENUE MEDICAL CENTER (NRL-EAMC)

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29
Q

SECTION 3. Definitions

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

A

Screening Test

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30
Q

SECTION 3. Definitions

kind of test

Screening Test

A

Qualitative

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31
Q

SECTION 3. Definitions

Principle

Screening Test

A

Immunochromatography/ ELISA etc

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32
Q

SECTION 3. Definitions

an analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific
which will validate and confirm the result of the screening test

A

Confirmatory Test

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33
Q

SECTION 3. Definitions

Principle

Confirmatory Test

A

Gas chromatography/ Mass spectrophotometry

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34
Q

SECTION 3. Definitions

Refers to the body fluid that is collected from a person

A

Specimen

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35
Q

SECTION 3. Definitions

Specimen types

A
  • Saliva
  • Hair
  • Blood
  • Urine
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36
Q

SECTION 3. Definitions

The specimen may be collected into two forms:

A
  1. One container with 60 mL of urine sample
  2. Two containers, each with 30 mL of urine sample (commonly used in the PH)
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37
Q

SECTION 3. Definitions

Two containers, each with 30 mL of urine sample (commonly used in the PH) one is used for the __________ (promptly discarded once used) another for challenge test

A
  • screening test
  • challenge test
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38
Q

Classification of Drug Testing Laboratory

Ownership:

A
  • Government
  • Private
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39
Q

Classification of Drug Testing Laboratory

Institutional Character:

A
  • Institutional Based
  • Freestanding
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40
Q

Classification of Drug Testing Laboratory

Service Capability:

A
  • Screening Laboratory
  • Confirmatory Laboratory
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41
Q

SUBJECTED TO UNDERGO Mandatory Drug Testing

A
  • Applicants for Firearms License
  • Officers and members of the military, police, and other law
    enforcement
  • Candidates for Public Office
  • Persons charged before the prosecutor’s office with criminal charge offense having a possible penalty of imprisonment of not
    less than 6 years and 1 day
  • Persons apprehended for the violations of this act
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42
Q

Random Drug Testing:

A
  • Students of Secondary or Tertiary schools
  • Officers and employee of public and private and private offices
    whether domestic or oversees.
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43
Q

Technical Requirements for Licensing

Screening Laboratory floor area

Physical Plant

A

At least 20 sqm

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44
Q

Technical Requirements for Licensing

Screening Laboratory work area

Physical Plant

A

at least 10 sqm

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45
Q

Technical Requirements for Licensing

Screening Laboratory work area should have

Physical Plant

A
  • exhaust fan
  • sink
  • storage cabinet
  • ref
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46
Q

Technical Requirements for Licensing

Confirmatory Laboratory floor area

Physical Plant

A

At least 60sqm

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47
Q

Technical Requirements for Licensing

Confirmatory Laboratory work area

Physical Plant

A

at least 30sqm

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48
Q

Technical Requirements for Licensing

Confirmatory Laboratory work area should have:

Physical Plant

A
  • exhaust fan
  • sink
  • stock room
  • instrumentation room
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49
Q

Technical Requirements for Licensing

A Laboratory of whatever category shall have within its
premises an area which can receive or accommodate at least _________

Physical Plant

A

5 client at a time

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50
Q

Technical Requirements for Licensing

required facilities

Physical Plant

A
  • hand washing facility
  • Toilet facility
  • stall for the collection of the specimen
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51
Q

Technical Requirements for Licensing

the head should be a

Headship of the Laboratory

A

licensed Physician certified in Clinical Pathology by the Philippine Board of Pathology

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52
Q

Technical Requirements for Licensing

if a licensed Physician certified in Clinical Pathology by the Philippine Board of Pathology is not available

Headship of the Laboratory

A

a licensed physician with training in Clinical Laboratory
Management

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53
Q

Technical Requirements for Licensing

In case when a drug testing Laboratory is a
division of the Laboratory

HEADSHIP OF THE LABORATORY

A
  • Licensed Physician
  • Chemist
  • Medical Technologist
  • Pharmacist
  • Chemical Engineer
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54
Q

Technical Requirements for Licensing

licensed Chemist requirements

HEADSHIP OF THE LABORATORY

A
  • Master’s Degree in Chemistry, Biochemistry or branch of chemistry
  • 2 years experience in analytical chemistry
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55
Q

Technical Requirements for Licensing

Screening Laboratory

Personnel

A
  • shall have a full-time Medical -Technologist, Chemist, Pharmacist, and Chemical Engineer
  • with appropriate
    training in screening procedures for dangerous drugs
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56
Q

Technical Requirements for Licensing

Confirmatory Laboratory

Personnel

A
  • shall have full-time Medical Technologist, Chemist, Pharmacist and Chemical Engineer
  • has completed an
    extensive appropriate training in chromatography, spectroscopy.
  • The analyst must pass the proficiency test.
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57
Q

Technical Requirements for Licensing

Screening Laboratory

Laboratory Equipment

A

shall have a necessary equipment or kit

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58
Q

Technical Requirements for Licensing

Confirmatory Laboratory

Laboratory Equipment

A

shall have a necessary equipment for screening, qualitative and quantitative examination in addition to the basic equipment.

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59
Q

Technical Requirements for Licensing

The Laboratory shall have access to an _________________
approved by the DOH for the authentication of results.

A

Application Service Provider

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60
Q

Technical Requirements for Licensing

IDTOMIS

Application Service Provider

A

Integrated drug test operations management information system

61
Q

Accreditation of Drug Testing Centers and Physicians

_____ and _____ drug testing centers

DOH

A

License and accredit

62
Q

Accreditation of Drug Testing Centers and Physicians

Appoint _________ and _______ for effective implementation of
this law

DOH

A

technical and other personnel

63
Q

Accreditation of Drug Testing Centers and Physicians

Accredit ________ who shall conduct the drug dependency exam and after care

DOH

A

physicians

64
Q

Accreditation of Drug Testing Centers and Physicians

Control of _______, ________, and _________ division

DOH

A

regulations, licensing and accreditation

65
Q

Accreditation of Drug Testing Centers and Physicians

Establish, operate and maintain drug testing centers in ___________

DOH

A

government hospitals

At least basic technologically advanced equipment and materials

66
Q

Technical Requirement for Accreditation

The Laboratory shall maintain a _____ of all of its personnel.

A

record

67
Q

Technical Requirement for Accreditation

The records must include the:

A
  • resume
  • training and experience
  • certification
  • PRC license
  • incident report (if any)
  • other information, which will established the competence of an employee.
68
Q

Technical Requirement for Accreditation

The laboratory shall have ____________ to control access to the premises to ensure that only authorized personnel handle or have access to specimens or gain access to the lab.

A

security measures

69
Q

Technical Requirement for Accreditation

The minimum required information on the Chain of Custody are:

A
  1. Information identifying the specimen (Specimen type, volume/amount)
  2. Date and time of the specimen (Accurate)
  3. Name of the testing laboratory
  4. Name of the signatures of all individuals who had custody of the samples during the collection process. (all personnel who handled the sample)
70
Q

Technical Requirement for Accreditation

Report pertaining to specimens for laboratory report shall be kept by the testing laboratory for a __________

Storage of Laboratory Reports and Specimens

A

minimum period determined by DOH (1
year)

71
Q

Technical Requirement for Accreditation

Specimens can be stored for:

Storage of Laboratory Reports and Specimens

A
  • Minimum of 5 days (negative)
  • 15 days (positive but not challenged)
  • 1 year
72
Q

Technical Requirement for Accreditation

_________ must be observed at all times

Urine Specimen Collection, Handling and Disposal

A

Universal precautions

73
Q

Technical Requirement for Accreditation

Infectious waste such as gauze pad contaminated with urine specimen

Urine Specimen Collection, Handling and Disposal

A

Yellow

74
Q

Technical Requirement for Accreditation

Biodegradable waste (food waste)

Urine Specimen Collection, Handling and Disposal

A

Green

75
Q

Technical Requirement for Accreditation

Non-biodegradable waste (paper, office supply waste)

Urine Specimen Collection, Handling and Disposal

A

Black

76
Q

Technical Requirement for Accreditation

Screening Laboratory:

Equipment and instruments

A

Drug Testing Kits

77
Q

Technical Requirement for Accreditation

Confirmatory Laboratory:

Equipment and instruments

A
  • Weighting scale
  • Glassware’s used in testing (beaker, Erlenmeyer flask, pipettes)
  • Automatic pipettes
  • Chromatographs
  • Spectrometer/Mass Spectrometer
  • Biological Safety Cabinet
78
Q

Technical Requirement for Accreditation

Signatory must be the ___________ and also the __________.

Laboratory Report

A
  • analyst who performed the test
  • head of the Laboratory
79
Q

Technical Requirement for Accreditation

For SCREENING, the test result must be reported as __________

Laboratory Report

A

POSITIVE OR
NEGATIVE.

80
Q

Technical Requirement for Accreditation

For CONFIRMATORY, the test result shall _________

Laboratory Report

A

report the analyte and the concentration.

81
Q

Technical Requirement for Accreditation

2 two copies must be produced:

Laboratory Report

A
  • 1 copy for the client
  • 1 copy must be forwarded to DOH and must include the membrane of the drug
    test kit.
82
Q

Technical Requirement for Accreditation

____ shall conduct a continuing assessment of proficiency of the
Screening and Confirmatory Laboratory

Proficiency Testing

A

NRL

83
Q

Technical Requirement for Accreditation

Participation of the laboratory is important and also must be
satisfactorily passed the testing in order for the laboratory to _________

Proficiency Testing

A

renew their license

84
Q

Technical Requirement for Accreditation

The results must sent back to NRL within ___________

Proficiency Testing

A

3 weeks after the results

85
Q

Technical Requirement for Accreditation

Failure to pass the proficiency testing shall be given ________

Proficiency Testing

A

another chance

86
Q

Technical Requirement for Accreditation

failure to pass the second one shall result in ____________

Proficiency Testing

A

revocation of its license and accreditation

87
Q

Technical Requirement for Accreditation

Unlike pregnancy test result, a ________ drug test result indicates a presence of line, and a ______ result is an absence of line.

Drug Testing Result

A
  • negative
  • positive
88
Q

Technical Requirement for Accreditation

A drug certificate is valid for ______ from the date of issue. Which may also be used for other purpose.

Validity of the Test Result

A

1 year

89
Q

Technical Requirement for Accreditation

Private Hospital/Free Standing Laboratory

Allowable Service Fee

A

P 300

90
Q

Technical Requirement for Accreditation

Public Hospital

Allowable Service Fee

A

P 250

91
Q

Licensing and Accreditation

The following must be submitted to DOH via BHFS before
certificate of accreditation and license to operate is given:

A
  1. BHFS application form
  2. Mayor’s Permit
  3. 1 set of floor plan
  4. List of personnel, list of credentials, health certificate
  5. List of Equipments
  6. Contract of License (if facility is rented)
  7. Copy of DOH license to operate
  8. Documentation of CCF
  9. Quality Control Program (Screening Laboratory)
  10. Certification for Quality Control Standard System by a DOH recognized certifying body (Confirmatory Laboratory)
  11. Proficiency Testing Result
    • Procedure Testing Manual
92
Q

DRUG TESTING RESULT

No visible line adjacent to C

CONTROL

A

defective kit

93
Q

Two visible lines

POSITIVE

A

tested
positive for marijuana OR
shabu

94
Q

DRUG TESTING RESULT

Only the control line is visible

POSITIVE

A

positive for BOTH marijuana
and shabu

95
Q

DRUG TESTING RESULT

Three visible lines

A

NEGATIVE

96
Q

CONTENT OF LICENSE TO OPERATE

A
  • Name of the owner
  • Head of the Laboratory
  • Procedures and Specialty (SCREENING OR CONFIRMATORY)
  • Validity Report
  • Signature of the Bureau or CHD Director
97
Q

Validity of LTO

Screening

A

1 year

98
Q

Validity of LTO

Confirmatory

A

2 years

99
Q

Renewal of LTO/COA

It shall be filled __________ of license

A

90 days before the expiration

100
Q

Renewal of LTO/COA

License to Operate:

A
  • Application for renewal
  • Notarized List of Personnel
  • List of Equipment
  • Current Certificate of Accreditation
  • Current Mayor’s Permit
101
Q

Renewal of LTO/COA

Certificate of Accreditation:

A
  • Current license to Operate
  • Current Certification for Quality Standard System (Confirmatory
    Laboratory)
102
Q

Monitoring of Laboratories

The ______ or ________ may conduct a visit on the site (Laboratory) unannounced. And the monitoring shall be documented the overall quality of the laboratory setting.

A

bureau or the CHD

103
Q

Terms and Conditions of Licensing/Accreditation

Licensing/Accreditation

License/accreditation shall be granted in accordance with the
prescribed requirement of the ___

A

DOH

104
Q

Terms and Conditions of Licensing/Accreditation

A license/accreditation that is not renewed on the expiry date shall be considered _____ and will be cancelled.

A

lapsed

105
Q

Terms and Conditions of Licensing/Accreditation

Any change in _________, _______, ________, ___________, ________ etc shall be reported to the DOH via BHFS.

A
  • management name
  • ownership
  • floor plan
  • reliever
  • equipment
106
Q

Terms and Conditions of Licensing/Accreditation

License/Accreditation shall be placed in an area where it is
_________

A

seen by the client

106
Q

Violations

Issuance of _______ result

A

fraudulent

107
Q

Violations

Failure to protect the _________ of a drug test result

A

confidentiality

107
Q

Violations

Failure to participate in a _________

A

proficiency testing

108
Q

Violations

Failure to refer a positive result to a ___________

A

confirmatory laboratory

108
Q

Violations

Refusal to ________ to inspect their laboratory

A

CHD

109
Q

Violations

Any act which is _______ to the accepted clinical laboratory
practice.

A

contrary

109
Q

Issuance of False or Fraudulent Drug Test Results

Any person authorized, licensed or accredited who issues false or fraudulent drug test results ___________, _______, or, ___________

A
  • knowingly
  • willfully
  • through gross negligence
109
Q

Issuance of False or Fraudulent Drug Test Results

Imprisonment:

Penalties

A

6 years and 1 day to 12 years

109
Q

Issuance of False or Fraudulent Drug Test Results

Fine:

Penalties

A

Php 100,000 to Php 500,000

110
Q

Issuance of False or Fraudulent Drug Test Results

Additional penalties:

Penalties

A

revocation of license to practice / closure
of drug testing center

111
Q

Suspension or Revocation

of LTO/COA

Based on its own _______ of any complaint

A

inspection

112
Q

Suspension or Revocation

it shall be investigated and after ______, and depending on the judgment. Revocation or suspension of the license will be done.

A

due hearing

112
Q

Suspension or Revocation

If any violation is done (under section 17) ________ shall be done. And should not be more than ______

A
  • preventive suspension
  • 60 days
113
Q

Reapplication for LTO/COA

A Laboratory whose certificate of accreditation has been revoked may be reapply for the issuance of a new one upon ____________ and/or _________

A
  • compliance with the requirements established hereunder
  • the correction of the deficiency or violation.
114
Q

Laboratory Examination or Test on Test on Apprehended/Arrested Offenders

Apprehended/Arrested Offenders

Any person apprehended or arrested for violating the provisions of this act shall be
subjected to ________ within _________

A
  • screening laboratory examination
  • 24 hours
114
Q

If found to be positive, the results of the screening laboratory exam shall be challenged within ________ after the receipt of the result through a confirmatory test in any accredited laboratory

A
  • ## 15 days
115
Q

confirmatory gold standard

A
  • Gas chromatograph
  • mass spectrometry
116
Q

confirmatory platinum standard

A
  • Liquid chromatography
  • mass spectrometry
116
Q

Use of Dangerous Drugs
(First offense)

A

minimum of six (6) months rehabilitation in a government center

subject to the provisions of Article VIII of this Act

116
Q

Use of Dangerous Drugs
(Second offense)

A
  • imprisonment ranging from six (6) years and one (1) day to twelve (12) years
  • fine ranging from P50,000 - P200,000.00
117
Q

Provided, That this Section shall not be applicable where the person tested is also found to have in ____________ provided for under Section 11 of this Act, in which case the provisions stated therein shall apply

A

his/her possession of such quantity of any dangerous drug

117
Q

Republic Act No. 10586

also known as?

A

Anti-Drunk and Drugged Driving Act of 2013

118
Q

Republic Act No. 10586

These Rules shall cover all acts of driving and/or operating a motor vehicle while under the influence of ______, and/or ________ and ____________

A
  • alcohol
  • dangerous drugs
  • similar substances
119
Q

Republic Act No. 10586

A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to _________ and ________ whenever practicable

vehicular accident

A
  • on site field sobriety test
  • ABA testing
119
Q

Republic Act No. 10586

there after chemical tests, including a ____________ and, if necessary, a ____________ as mandated under Republic Act No. 9165

vehicular accident

A
  • drug screening test
  • drug confirmatory test
120
Q

Republic Act No. 10586

The LTO shall conduct ___________ and ___________ of public utility drivers

A
  • random terminal inspections
  • quick random drug tests
121
Q

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″

A

REPUBLIC ACT 10640

122
Q

REPUBLIC ACT 10640

President of the Senate

A

(Sgd.) FRANKLIN M.
DRILON

123
Q

REPUBLIC ACT 10640

Speaker of the House
of Representatives

A

(Sgd.) FELICIANO
BELMONTE JR.

124
Q

REPUBLIC ACT 10640

Secretary of the Senate

A

(Sgd.) OSCAR G. YABES

125
Q

REPUBLIC ACT 10640

Secretary General
House of Representatives

A

(Sgd.) MARILYN B. BARUA-YAP

126
Q

REPUBLIC ACT 10640

President of the Philippines

A

(Sgd.) BENIGNO S. AQUINO III

127
Q

REPUBLIC ACT 10640

This Act which is a consolidation of ________ and _______

A
  • House Bill 2285
  • Senate Bill No. 2273
128
Q

REPUBLIC ACT 10640

passed by the House of Representatives and
the Senate on ____________

A

June 9, 2014

129
Q

REPUBLIC ACT 10640

Approved:

A

JUL 15 2014

130
Q

REPUBLIC ACT 10640

representative of the __________ or ___________ who shall be required to sign the copies of the inventory and be given a copy thereof:

A
  • National Prosecution Service
  • the media
131
Q

REPUBLIC ACT 10640

Provided, That the physical inventory and photograph shall be conducted at the place where the ___________

physical inventory and photograph shall be conducted

A

search warrant is served

132
Q

REPUBLIC ACT 10640

physical inventory and photograph shall be conducted where in case of warrantless seizures:

A
  • nearest police station
  • nearest office of the apprehending officer/team
133
Q

REPUBLIC ACT 10640

That noncompliance of these requirements under justifiable grounds, as long as the ________________________ by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items.

A

integrity and the evidentiary value of the seized items are properly preserved

134
Q

REPUBLIC ACT 10640

A ________________,
which shall be done by the forensic laboratory examiner, shall be issued immediately

A

certification of the forensic laboratory examination results

135
Q

REPUBLIC ACT 10640

To implement effectively the provisions of Section 21, the
_______________ shall issue the
necessary guidelines on the IRR for the purpose in consultation with the ______________ and relevant sectors to
curb increasing drug cases

A
  • Philippine Drug Enforcement Agency (PDEA)
  • Department of Justice (DOJ)
136
Q

REPUBLIC ACT 10640

In any case, the _________ of the seized/confiscated items
received from the apprehending officer/team, and examined in the forensic or crime laboratory shall be observed

A

chain of custody

137
Q

REPUBLIC ACT 10640

To expedite the immediate disposition and destruction of
seized/confiscated plant sources of dangerous drugs at the
eradication site, the _____________ or _________ shall get and preserve their representative samples, after their seizure and confiscation, and perform field or screening test at the site, as far as practicable.

A

seizing officer or forensic chemist

138
Q

REPUBLIC ACT 10640

The release of the certification or chemistry report shall
be after the ____________ of the samples examined.

A

confirmatory test