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DRUG-FREE WORKPLACE
POLICY AND PROGRAMS
PURPOSE
• This policy enjoins the Region I Medical Center with other
government agencies in the establishment of a Drug-Free Workplace
Committee or Assessment Committee and shall adopt the policies and
programs in order to achieve a drug-free workplace.
OBJECTIVES
• At the end of this lecture, you will be able to:
• Have a comprehensive understanding of Republic Act No. 9165 otherwise
known as the Comprehensive Dangerous Drugs Act of 2002.
• Provide an overview of the Drug-Free policy of Region 1 Medical Center.
• Know the proper procedures in the implementation of the Drug-Free
Workplace Policy at Region 1 Medical Center.
PERTINENT LAWS AND ADMINISTRATIVE
ORDERS
• Republic Act 9165 COMPREHENSIVE DANGEROUS DRUGS ACT and its IMPLEMENTING
RULES AND REGULATIONS
• DOLE DEPARTMENT ORDER No. 37-03. s 2002; Creation of the Tripartite Task Force
• Civil Service Commission Resolution No. 101359; Implementation of Guidelines for a Drug-
Free Workplace in the Bureaucracy
• Dangerous Drugs Board Regulation No. 2; Establishment of Drug-Free Workplace Committee
• Region I Medical Center Memorandum Nos. 2015-39 and 2023-012; Reorganization of R1MC
Center Drug-Free Committee or Assessment Committee
• Department of Health Administrative Order 2021-0046 s.2019; New Rules of Procedure in
Handling Disciplinary Complaints in DOH
SECTION V OF R.A. NO. 9165 COMPREHENSIVE DANGEROUS
DRUGS ACT
PROHIBITED ACTS PENALTIES
SALE
LIFE IMPRISONMENT OR TWELVE YEARS
AND ONE DAY TO DEATH AND FINE OF FIVE
HUNDRED THOUSAND PESOS (500,000.00)
TO TEN MILLION PESOS
TRADE
ADMINISTRATION
DISPENSATION
DELIVERY
DISTRIBUTION AND TRANSPORTATION
KINDS OF PROHIBITED DRUGS AND ITS EFFECTS UNDER R.A. 9165
MARKET NAME HOW INGESTED EFFECTS
OPIUM
(PAPAVER
SOMNIFERUM)
SMOKING,
INTRAVENOUS
INJECTION, TAKEN
IN PILL FORM
EXPERIENCE A EUPHORIC RUSH, FOLLOWED BY
RELAXATION AND THE RELIEF OF PHYSICAL PAIN.
MORPHINE
(MORPHINE ALKALOID)
INTRAVENOUS
INJECTION, ORAL
ADMINISTRATION
MORPHINE USE RESULTS IN RELIEF FROM PHYSICAL PAIN, DECREASE
IN HUNGER, AND INHIBITION OF THE COUGH REFLEX.
MORPHINE’S EFFECTS INCLUDE EUPHORIA AND RELIEF OF PAIN.
CHRONIC USE OF MORPHINE RESULTS IN TOLERANCE, AND
PHYSICAL AND PSYCHOLOGICAL DEPENDENCE.
HEROIN
(DIACETYLMORPHINE)
INTRAVENOUS,
NASAL
ADMINISTRATION,
SMOKING
EXPERIENCE OF A RUSH BY SUDDEN FEELING OF
PLEASURE OR EUPHORIA.
KINDS OF PROHIBITED DRUGS AND ITS EFFECTS UNDER R.A. 9165
MARKET NAME HOW INGESTED EFFECTS
COCAINE OR
COCAINE HYDROCHLORIDE
NASAL
ADMINISTRATION,
INTRAVENOUS
INJECTION,
SMOKING
INCREASE IN ALERTNESS, FEELINGS OF WELL-BEING
AND EUPHORIA, INCREASED ENERGY AND MOTOR ACTIVITY,
AND INCREASED FEELINGS OF COMPETENCE AND SEXUALITY.
SHABU
(METHAMPHETAMINE
HYDROCHLORIDE)
NASAL
ADMINISTRATION,
INTRAVENOUS
INJECTION,
SMOKING
FEELINGS OF INCREASED CONFIDENCE, SOCIABILITY AND
ENERGY. IT SUPPRESSES APPETITE AND FATIGUE AND LEADS
TO INSOMNIA.
MARIJUANA, MARIJUANA
RESIN OR MARIJUANA
RESIN OIL
(CANNABIS SATIVA)
SMOKING, NASAL
ADMINISTRATION,
ORAL
ADMINISTRATION
MANY PEOPLE EXPERIENCE A PLEASANT EUPHORIA AND
SENSE OF RELAXATION. OTHER COMMON EFFECTS, WHICH
MAY VARY DRAMATICALLY AMONG DIFFERENT PEOPLE,
INCLUDE HEIGHTENED SENSORY PERCEPTION (E.G., BRIGHTER
COLORS), LAUGHTER, ALTERED PERCEPTION OF TIME, AND
INCREASED APPETITE
KINDS OF PROHIBITED DRUGS AND ITS EFFECTS UNDER R.A. 9165
MARKET NAME HOW INGESTED EFFECTS
ECSTACY
METHYLENEDIOXYMETHAMPHETAMINE
(MDA)
NASAL
ADMINISTRATION,
ORAL ADMINISTRATION
RUSH OF INTENSE EUPHORIC FEELINGS USUALLY LASTS
UP TO 6 HOURS
PMA
(PARAMETHOXYAMPHETAMINE)
NASAL
ADMINISTRATION,
INTRAVENOUS
INJECTION, ORAL
ADMINISTRATION
RUSH OF INTENSE EUPHORIC FEELINGS SIMILAR TO THE
EFFECTS OF ECSTACY
TMA
(TRIMETHOXYAMPHETAMINE)
NASAL
ADMINISTRATION,
INTRAVENOUS
INJECTION, ORAL
ADMINISTRATION
ALSO REGARDED AS “LOVE DRUG” DUE TO ITS EUPHORIC
AND ENERGIZING EFFECTS
LSD
(LYSERGIC ACID DIETHYLAMINE)
ORAL ADMINISTRATION
EXPERIENCE OF PANIC, CONFUSION, SADNESS AND
SCARY IMAGES IN CONNECTION TO “ACID TRIPS”
GHB
(GAMMA HYDROXYAMPHETAMINE)
ORAL ADMINISTRATION
MAKES THE USER SLEEPY AND SLOWS DOWN BREATHING AND
HEART RATE
AKA “DATE RAPE DRUG”
PROCEDURE IN HANDLING A POSITIVE RESULT
AFTER THE CONFIRMATORY TEST
• Upon discovery that a urine sample tested positive for dangerous drugs after the initial
test, the information shall immediately be made known to the Committee or
Assessment Chairman and the Medical Center Chief who requested the test.
• The information shall then be made known to the employee/ official through a written
notice. The employee/ official shall have fifteen (15) days upon receipt of the notice, to
challenge the result of the test by providing the agency a second confirmatory test
taken from a laboratory accredited by the DOH.
• All expenses incurred in the conduct of the second confirmatory challenge test shall be
borne by the concerned officer or employee. Failure to file a challenge within the
prescribed period shall make the positive drug test result from the initial test final.
• A positive result from the challenge test is deemed final and the employee/ officer
concerned shall be subjected to administrative proceedings.
CONDUCT OF ADMINISTRATIVE PROCEEDINGS
DOH A.O. 2021-0046 S.2019
• The administrative disciplinary complaint shall be filed with and/or referred to
the Medical Center Chief as the hospital’s proper Disciplining Authority (DA)
in accordance with;
• Section 11, Rule 3 of the 2017 Rules on Administrative Cases in
the Civil Service (2017 RACCS) provides as follows: “Section 11.
Requisites of a Valid Complaint – No complaint against an official
or employee shall be given due course unless the same is in
writing, subscribed and sworn to by the complainant.
CONFIDENTIALITY CLAUSE
R.A. 9165 SEC. 72
• All records shall strictly be held confidential as provided for under the pertinent
provisions of R.A. 9165.
Section 72. Liability of a Person Who Violates the Confidentiality of Records. – 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.
CONFIDENTIALITY OF RECORDS
• All results of the drug test conducted by R1MC shall remain strictly
confidential.
• Government officials, employees and/or any person who intentionally or
unintentionally breach the confidentiality of any drug test result shall be
charged in accordance with Section 72 of R.A. 9165.
• Any person who, having official custody or access to all data and information
relative to the conduct of the authorized drug testing, or anyone who, having
gained possession of such data and information, reveals their content to any
person not authorized to have access thereto, shall be charged and
prosecuted for violation of Section 32, Article II of R.A. 9165.
VIOLATION OF ANY REGULATION ISSUED BY THE
DANGEROUS DRUGS BOARD
SECTION 32, ARTICLE II OF R.A. 9165
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.
CALENDAR OF OFFENSES
SECTION 15, ART. 2 OF R.A. 9165
I. FIRST OFFENSE: PENALTY OF A MINIMUM OF SIX (6) MONTHS REHABILITATION IN A
GOVERNMENT CENTER SUBJECT TO THE PROVISIONS OF ART. VII OF R.A. 9165.
II. SECOND OFFENSE: IF APPREHENDED FOR A 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).
III. EXCEPTION: IF THE PERSON TESTED IS ALSO FOUND TO HAVE IN HIS/HER POSSESSION
SUCH QUANTITY OF ANY DANGEROUS DRUGS UNDER SECTION 11 OF R.A. 9165,
SECTION 15 SHALL NOT BE APPLICABLE.
PENALTIES FOR POSSESSION
SECTION 11, ART. 2 OF R.A. 9165
10 grams or more of opium
LIFE IMPRISONMENT TO DEATH AND
A FINE RANGING FROM FIVE
HUNDRED THOUSAND PESOS
(P500,000.00) TO TEN MILLION PESOS
(P10,000,000.00)
10 grams or more of morphine
10 grams or more of heroin
10 grams or more of cocaine or cocaine hydrochloride
50 grams or more of methamphetamine hydrochloride
or "shabu"
10 grams or more of marijuana resin or marijuana
resin oil
500 grams or more of marijuana
PENALTIES
SECTION 11, ART. 2 OF R.A. 9165
10 grams or more of
METHYLENEDIOXYMETHAMPHETAMINE (MDA) OR
“ECSTACY”
LIFE IMPRISONMENT TO DEATH AND
A FINE RANGING FROM FIVE
HUNDRED THOUSAND PESOS
(P500,000.00) TO TEN MILLION PESOS
(P10,000,000.00)
10 grams or more of PARAMETHOXYAMPHETAMINE
(PMA)
10 grams or more of TRIMETHOXYAMPHETAMINE
(TMA)
10 grams or more of LYSERGIC ACID DIETHYLAMINE
(LSD)
10 grams or more of GAMMA
HYDROXYAMPHETAMINE (GHB)
Other similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic
value or if it exceeds far beyond therapeutic value.
SANCTIONS
VOLUNTARY SUBMISSION OF A DRUG DEPENDENT TO CONFINEMENT,
TREATMENT AND REHABILITATION
ARTICLE 8, SECTION 54 OF R.A. 9165
STEPS
I. A drug dependent or any person in violation of R.A. 9165 may, by himself/herself or through parents,
spouse, guardian or relative within the 4th degree of consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation of the drug dependency.
II. Upon application, the Board shall bring forth the matter to the Court which shall order that the applicant
be examined for drug dependency.
III. 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:
IV. Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time
the Court, as well as the Board, shall be apprised by the head of the treatment and rehabilitation center of
the status of said drug dependent and determine whether further confinement will be for the welfare of the
drug dependent and his/her family or the community.
VOLUNTARY SUBMISSION OF A DRUG DEPENDENT TO CONFINEMENT,
TREATMENT AND REHABILITATION
ARTICLE 8, SECTION 54 OF R.A. 9165
A DRUG DEPENDENT MAY BE PLACED UNDER THE CARE OF A DOH-
ACCREDITED PHYSICIAN PROVIDED THAT,
A. There is no Drug Center near or accessible to the residence of the drug-
dependent
B. The drug-dependent is below eighteen (18) years of age and is a first-time
offender and non-confinement in a Center will not pose a danger to his/her
family or the community
COMPULSORY CONFINEMENT OF A DRUG DEPENDENT WHO REFUSES TO
APPLY UNDER THE VOLUNTARY PROGRAM
ARTICLE 8, SECTION 61 OF R.A. 9165
STEPS
I. A petition for the confinement of a person alleged to be dependent on dangerous
drugs to a center may be filed by any person authorized by the board with the
regional trial court of the province or city where such person is found.
Ii. After the petition is filed, the court, by an order, shall immediately fix a date for
the hearing, and a copy of such order shall be served on the person alleged to be
dependent on dangerous drugs, and to the one having charge of him.
COMPULSORY CONFINEMENT OF A DRUG DEPENDENT WHO REFUSES TO
APPLY UNDER THE VOLUNTARY PROGRAM
ARTICLE 8, SECTION 61 OF R.A. 9165
NON-DRUG DEPENDENT DRUG DEPENDENT
AFTER HEARING AND THE FACTS SO
WARRANT, THE COURT SHALL ORDER THE
EXAMINATION OF THE DRUG DEPENDENT BY
TWO (2) BOARD ACCREDITED PHYSICIANS.
IF BOTH CONCLUDE THAT RESPONDENT IS
NOT A DRUG DEPENDENT, THE COURT SHALL
ORDER HIS/HER DISCHARGE.
IF EITHER OR BOTH PHYSICIANS FINDS
RESPONDENT TO BE DEPENDENT, THE COURT
SHALL CONDUCT A HEARING AND CONSIDER
ALL RELEVANT EVIDENCE PRESENTED. IF THE
COURT DETERMINES RESPONDENT TO BE DRUG
DEPENDENT, IT SHALL ISSUE A COMMITMENT
ORDER FOR TREATMENT AND REHABILITATION
UNDER DOH SUPERVISION.
IN ANY EVENT, THE ORDER OF DISCHARGE OR
ORDER OF CONFINEMENT OR COMMITMENT
SHALL BE ISSUED NOT LATER THAN FIFTEEN (15)
DAYS FROM THE FILING OF THE APPROPRIATE
PETITION.
ACTION PLAN FOR DRUG USE IN THE
WORKPLACE
EXPERIMENTER
OUTPATIENT
GUIDANCE COUNSELLING
OCCASIONAL USER
OUTPATIENT
GUIDANCE COUNSELLING
URINE SURVEILLANCE
CHRONIC USER/DRUG DEPENDENT
MANDATORY 6-MONTH TREATMENT AND
REHABILITATION IN ANY OF THE
GOVERNMENT REHABILITATION CENTERS
MANDATORY 6-MONTH TREATMENT AND REHABILITATION FOR
GOVERNMENT OFFICERS/EMPLOYEES
STEP1: DRUG DEPENDENCY
EXAMINATION
CHRONIC USER/DRUG-DEPENDENT (QUALIFIED)
NON-DRUG DEPENDENT (NOT QUALIFIED)
STEP 2: MANDATORY REHABILITATION
MINIMUM OF SIX (6) MONTHS
•GOVERNMENT REHABILITATION CENTER
•DOH ACCREDITED PRIVATE REHABILITATION
CENTER
•COMMUNITY REHABILITATION PROGRAM
SANCTIONED BY THE DANGEROUS DRUGS
BOARD
•OWN EXPENSE OF OFFICIAL OR EMPLOYEE
•CONFINEMENT FOR TREATMENT SHALL BE
CHARGED AGAINST HIS/HER LEAVE CREDITS
STEP 3: COMPLETION OF REHABILITATION
PROGRAM
NO CERTIFICATE OF COMPLETION OF
REHABILITATION PROGRAM AND CLEARANCE
FROM ATTENDING PHYSICIAN, NO RETURN
TO WORK
REGION 1 MEDICAL CENTER
SANCTIONS FOR GOVERNMENT OFFICERS/EMPLOYEES
ACTIONS CONSEQUENCES
REFUSAL OF OFFICERS OR EMPLOYEES TO SUBMIT
THEMSELVES TO DRUG TESTING WITHOUT VALID
REASON
GROSS INSUBORDINATION
1ST OFFENSE – SUSPENSION
2ND OFFENSE – DISMISSAL
REFUSAL OF OFFICERS OR EMPLOYEES TO UNDERGO
TREATMENT AND
FAILURE TO COMPLETE INTERVENTION PROGRAM
GRAVE MISCONDUCT
1ST OFFENSE – DISMISSAL
OFFICIALS OR EMPLOYEES WHO TESTED POSITIVE IN
A RANDOM DRUG TEST FOR THE 2ND TIME AFTER
COMPLETION OF TREATMENT OR REHABILITATION
REGION 1 MEDICAL CENTER
SANCTIONS FOR GOVERNMENT OFFICERS/EMPLOYEES
ACTIONS CONSEQUENCES
TAMPERING OF THE RESULT OF A DRUG TEST
GRAVE MISCONDUCT
1ST OFFENSE – DISMISSAL
INTERFERING IN THE CONDUCT OF A DRUG
TEST OR IN THE RELEASE OF RESULTS
OFFICIALS CAUGHT USING OR PEDDLING
DRUGS AT ANY TIME
GRAVE MISCONDUCT
1ST OFFENSE – DISMISSAL
CRIMINAL LIABILITY UNDER R.A. 9165 AND
OTHER PERTINENT LAWS
REGION 1 MEDICAL CENTER
SANCTIONS FOR GOVERNMENT OFFICERS/EMPLOYEES
ACTIONS CONSEQUENCES
OFFICERS OR EMPLOYEES WHO FOR THE
SECOND TIME HAVE BEEN DETECTED TO BE
USING DANGEROUS DRUGS AFTER COMPLETION
OF HIS/HER TREATMENT AND/OR
REHABILITATION PROGRAM OR WHILE
UNDERGOING TREATMENT AND/OR
REHABILITATION
CIVIL SERVICE COMMISSION
SUSPENSION OR DISMISSAL FROM SERVICE
OFFICERS OR EMPLOYEES ARRESTED OR
CHARGED IN COURT FOR COMMISSION OF ANY
OF THE UNLAWFUL ACTS PROVIDED FOR
UNDER ART. II OF R.A. 9165
DEPARTMENT OF HEALTH AND CIVIL SERVICE
COMMISSION
SUSPENSION OR DISMISSAL FROM SERVICE DEPENDING ON THE
GRAVITY OF OFFENSE COMMITTED WITHOUT PREJUDICE TO
CRIMINAL PROSECUTION
“DRUG MISUSE IS NOT A DISEASE, IT IS A DECISION, LIKE THE
DECISION TO STEP OUT IN FRONT OF A MOVING CAR. YOU
WOULD CALL THAT NOT A DISEASE BUT AN ERROR OF
JUDGMENT.” - PHILIP K. DICK
THANK YOU

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  • 2. PURPOSE • This policy enjoins the Region I Medical Center with other government agencies in the establishment of a Drug-Free Workplace Committee or Assessment Committee and shall adopt the policies and programs in order to achieve a drug-free workplace.
  • 3. OBJECTIVES • At the end of this lecture, you will be able to: • Have a comprehensive understanding of Republic Act No. 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002. • Provide an overview of the Drug-Free policy of Region 1 Medical Center. • Know the proper procedures in the implementation of the Drug-Free Workplace Policy at Region 1 Medical Center.
  • 4. PERTINENT LAWS AND ADMINISTRATIVE ORDERS • Republic Act 9165 COMPREHENSIVE DANGEROUS DRUGS ACT and its IMPLEMENTING RULES AND REGULATIONS • DOLE DEPARTMENT ORDER No. 37-03. s 2002; Creation of the Tripartite Task Force • Civil Service Commission Resolution No. 101359; Implementation of Guidelines for a Drug- Free Workplace in the Bureaucracy • Dangerous Drugs Board Regulation No. 2; Establishment of Drug-Free Workplace Committee • Region I Medical Center Memorandum Nos. 2015-39 and 2023-012; Reorganization of R1MC Center Drug-Free Committee or Assessment Committee • Department of Health Administrative Order 2021-0046 s.2019; New Rules of Procedure in Handling Disciplinary Complaints in DOH
  • 5. SECTION V OF R.A. NO. 9165 COMPREHENSIVE DANGEROUS DRUGS ACT PROHIBITED ACTS PENALTIES SALE LIFE IMPRISONMENT OR TWELVE YEARS AND ONE DAY TO DEATH AND FINE OF FIVE HUNDRED THOUSAND PESOS (500,000.00) TO TEN MILLION PESOS TRADE ADMINISTRATION DISPENSATION DELIVERY DISTRIBUTION AND TRANSPORTATION
  • 6. KINDS OF PROHIBITED DRUGS AND ITS EFFECTS UNDER R.A. 9165 MARKET NAME HOW INGESTED EFFECTS OPIUM (PAPAVER SOMNIFERUM) SMOKING, INTRAVENOUS INJECTION, TAKEN IN PILL FORM EXPERIENCE A EUPHORIC RUSH, FOLLOWED BY RELAXATION AND THE RELIEF OF PHYSICAL PAIN. MORPHINE (MORPHINE ALKALOID) INTRAVENOUS INJECTION, ORAL ADMINISTRATION MORPHINE USE RESULTS IN RELIEF FROM PHYSICAL PAIN, DECREASE IN HUNGER, AND INHIBITION OF THE COUGH REFLEX. MORPHINE’S EFFECTS INCLUDE EUPHORIA AND RELIEF OF PAIN. CHRONIC USE OF MORPHINE RESULTS IN TOLERANCE, AND PHYSICAL AND PSYCHOLOGICAL DEPENDENCE. HEROIN (DIACETYLMORPHINE) INTRAVENOUS, NASAL ADMINISTRATION, SMOKING EXPERIENCE OF A RUSH BY SUDDEN FEELING OF PLEASURE OR EUPHORIA.
  • 7. KINDS OF PROHIBITED DRUGS AND ITS EFFECTS UNDER R.A. 9165 MARKET NAME HOW INGESTED EFFECTS COCAINE OR COCAINE HYDROCHLORIDE NASAL ADMINISTRATION, INTRAVENOUS INJECTION, SMOKING INCREASE IN ALERTNESS, FEELINGS OF WELL-BEING AND EUPHORIA, INCREASED ENERGY AND MOTOR ACTIVITY, AND INCREASED FEELINGS OF COMPETENCE AND SEXUALITY. SHABU (METHAMPHETAMINE HYDROCHLORIDE) NASAL ADMINISTRATION, INTRAVENOUS INJECTION, SMOKING FEELINGS OF INCREASED CONFIDENCE, SOCIABILITY AND ENERGY. IT SUPPRESSES APPETITE AND FATIGUE AND LEADS TO INSOMNIA. MARIJUANA, MARIJUANA RESIN OR MARIJUANA RESIN OIL (CANNABIS SATIVA) SMOKING, NASAL ADMINISTRATION, ORAL ADMINISTRATION MANY PEOPLE EXPERIENCE A PLEASANT EUPHORIA AND SENSE OF RELAXATION. OTHER COMMON EFFECTS, WHICH MAY VARY DRAMATICALLY AMONG DIFFERENT PEOPLE, INCLUDE HEIGHTENED SENSORY PERCEPTION (E.G., BRIGHTER COLORS), LAUGHTER, ALTERED PERCEPTION OF TIME, AND INCREASED APPETITE
  • 8. KINDS OF PROHIBITED DRUGS AND ITS EFFECTS UNDER R.A. 9165 MARKET NAME HOW INGESTED EFFECTS ECSTACY METHYLENEDIOXYMETHAMPHETAMINE (MDA) NASAL ADMINISTRATION, ORAL ADMINISTRATION RUSH OF INTENSE EUPHORIC FEELINGS USUALLY LASTS UP TO 6 HOURS PMA (PARAMETHOXYAMPHETAMINE) NASAL ADMINISTRATION, INTRAVENOUS INJECTION, ORAL ADMINISTRATION RUSH OF INTENSE EUPHORIC FEELINGS SIMILAR TO THE EFFECTS OF ECSTACY TMA (TRIMETHOXYAMPHETAMINE) NASAL ADMINISTRATION, INTRAVENOUS INJECTION, ORAL ADMINISTRATION ALSO REGARDED AS “LOVE DRUG” DUE TO ITS EUPHORIC AND ENERGIZING EFFECTS LSD (LYSERGIC ACID DIETHYLAMINE) ORAL ADMINISTRATION EXPERIENCE OF PANIC, CONFUSION, SADNESS AND SCARY IMAGES IN CONNECTION TO “ACID TRIPS” GHB (GAMMA HYDROXYAMPHETAMINE) ORAL ADMINISTRATION MAKES THE USER SLEEPY AND SLOWS DOWN BREATHING AND HEART RATE AKA “DATE RAPE DRUG”
  • 9. PROCEDURE IN HANDLING A POSITIVE RESULT AFTER THE CONFIRMATORY TEST • Upon discovery that a urine sample tested positive for dangerous drugs after the initial test, the information shall immediately be made known to the Committee or Assessment Chairman and the Medical Center Chief who requested the test. • The information shall then be made known to the employee/ official through a written notice. The employee/ official shall have fifteen (15) days upon receipt of the notice, to challenge the result of the test by providing the agency a second confirmatory test taken from a laboratory accredited by the DOH. • All expenses incurred in the conduct of the second confirmatory challenge test shall be borne by the concerned officer or employee. Failure to file a challenge within the prescribed period shall make the positive drug test result from the initial test final. • A positive result from the challenge test is deemed final and the employee/ officer concerned shall be subjected to administrative proceedings.
  • 10. CONDUCT OF ADMINISTRATIVE PROCEEDINGS DOH A.O. 2021-0046 S.2019 • The administrative disciplinary complaint shall be filed with and/or referred to the Medical Center Chief as the hospital’s proper Disciplining Authority (DA) in accordance with; • Section 11, Rule 3 of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) provides as follows: “Section 11. Requisites of a Valid Complaint – No complaint against an official or employee shall be given due course unless the same is in writing, subscribed and sworn to by the complainant.
  • 11. CONFIDENTIALITY CLAUSE R.A. 9165 SEC. 72 • All records shall strictly be held confidential as provided for under the pertinent provisions of R.A. 9165. Section 72. Liability of a Person Who Violates the Confidentiality of Records. – 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.
  • 12. CONFIDENTIALITY OF RECORDS • All results of the drug test conducted by R1MC shall remain strictly confidential. • Government officials, employees and/or any person who intentionally or unintentionally breach the confidentiality of any drug test result shall be charged in accordance with Section 72 of R.A. 9165. • Any person who, having official custody or access to all data and information relative to the conduct of the authorized drug testing, or anyone who, having gained possession of such data and information, reveals their content to any person not authorized to have access thereto, shall be charged and prosecuted for violation of Section 32, Article II of R.A. 9165.
  • 13. VIOLATION OF ANY REGULATION ISSUED BY THE DANGEROUS DRUGS BOARD SECTION 32, ARTICLE II OF R.A. 9165 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.
  • 14. CALENDAR OF OFFENSES SECTION 15, ART. 2 OF R.A. 9165 I. FIRST OFFENSE: PENALTY OF A MINIMUM OF SIX (6) MONTHS REHABILITATION IN A GOVERNMENT CENTER SUBJECT TO THE PROVISIONS OF ART. VII OF R.A. 9165. II. SECOND OFFENSE: IF APPREHENDED FOR A 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). III. EXCEPTION: IF THE PERSON TESTED IS ALSO FOUND TO HAVE IN HIS/HER POSSESSION SUCH QUANTITY OF ANY DANGEROUS DRUGS UNDER SECTION 11 OF R.A. 9165, SECTION 15 SHALL NOT BE APPLICABLE.
  • 15. PENALTIES FOR POSSESSION SECTION 11, ART. 2 OF R.A. 9165 10 grams or more of opium LIFE IMPRISONMENT TO DEATH AND A FINE RANGING FROM FIVE HUNDRED THOUSAND PESOS (P500,000.00) TO TEN MILLION PESOS (P10,000,000.00) 10 grams or more of morphine 10 grams or more of heroin 10 grams or more of cocaine or cocaine hydrochloride 50 grams or more of methamphetamine hydrochloride or "shabu" 10 grams or more of marijuana resin or marijuana resin oil 500 grams or more of marijuana
  • 16. PENALTIES SECTION 11, ART. 2 OF R.A. 9165 10 grams or more of METHYLENEDIOXYMETHAMPHETAMINE (MDA) OR “ECSTACY” LIFE IMPRISONMENT TO DEATH AND A FINE RANGING FROM FIVE HUNDRED THOUSAND PESOS (P500,000.00) TO TEN MILLION PESOS (P10,000,000.00) 10 grams or more of PARAMETHOXYAMPHETAMINE (PMA) 10 grams or more of TRIMETHOXYAMPHETAMINE (TMA) 10 grams or more of LYSERGIC ACID DIETHYLAMINE (LSD) 10 grams or more of GAMMA HYDROXYAMPHETAMINE (GHB) Other similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if it exceeds far beyond therapeutic value.
  • 18. VOLUNTARY SUBMISSION OF A DRUG DEPENDENT TO CONFINEMENT, TREATMENT AND REHABILITATION ARTICLE 8, SECTION 54 OF R.A. 9165 STEPS I. A drug dependent or any person in violation of R.A. 9165 may, by himself/herself or through parents, spouse, guardian or relative within the 4th degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and rehabilitation of the drug dependency. II. Upon application, the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency. III. 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: IV. Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the Court, as well as the Board, shall be apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community.
  • 19. VOLUNTARY SUBMISSION OF A DRUG DEPENDENT TO CONFINEMENT, TREATMENT AND REHABILITATION ARTICLE 8, SECTION 54 OF R.A. 9165 A DRUG DEPENDENT MAY BE PLACED UNDER THE CARE OF A DOH- ACCREDITED PHYSICIAN PROVIDED THAT, A. There is no Drug Center near or accessible to the residence of the drug- dependent B. The drug-dependent is below eighteen (18) years of age and is a first-time offender and non-confinement in a Center will not pose a danger to his/her family or the community
  • 20. COMPULSORY CONFINEMENT OF A DRUG DEPENDENT WHO REFUSES TO APPLY UNDER THE VOLUNTARY PROGRAM ARTICLE 8, SECTION 61 OF R.A. 9165 STEPS I. A petition for the confinement of a person alleged to be dependent on dangerous drugs to a center may be filed by any person authorized by the board with the regional trial court of the province or city where such person is found. Ii. After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge of him.
  • 21. COMPULSORY CONFINEMENT OF A DRUG DEPENDENT WHO REFUSES TO APPLY UNDER THE VOLUNTARY PROGRAM ARTICLE 8, SECTION 61 OF R.A. 9165 NON-DRUG DEPENDENT DRUG DEPENDENT AFTER HEARING AND THE FACTS SO WARRANT, THE COURT SHALL ORDER THE EXAMINATION OF THE DRUG DEPENDENT BY TWO (2) BOARD ACCREDITED PHYSICIANS. IF BOTH CONCLUDE THAT RESPONDENT IS NOT A DRUG DEPENDENT, THE COURT SHALL ORDER HIS/HER DISCHARGE. IF EITHER OR BOTH PHYSICIANS FINDS RESPONDENT TO BE DEPENDENT, THE COURT SHALL CONDUCT A HEARING AND CONSIDER ALL RELEVANT EVIDENCE PRESENTED. IF THE COURT DETERMINES RESPONDENT TO BE DRUG DEPENDENT, IT SHALL ISSUE A COMMITMENT ORDER FOR TREATMENT AND REHABILITATION UNDER DOH SUPERVISION. IN ANY EVENT, THE ORDER OF DISCHARGE OR ORDER OF CONFINEMENT OR COMMITMENT SHALL BE ISSUED NOT LATER THAN FIFTEEN (15) DAYS FROM THE FILING OF THE APPROPRIATE PETITION.
  • 22. ACTION PLAN FOR DRUG USE IN THE WORKPLACE EXPERIMENTER OUTPATIENT GUIDANCE COUNSELLING OCCASIONAL USER OUTPATIENT GUIDANCE COUNSELLING URINE SURVEILLANCE CHRONIC USER/DRUG DEPENDENT MANDATORY 6-MONTH TREATMENT AND REHABILITATION IN ANY OF THE GOVERNMENT REHABILITATION CENTERS
  • 23. MANDATORY 6-MONTH TREATMENT AND REHABILITATION FOR GOVERNMENT OFFICERS/EMPLOYEES STEP1: DRUG DEPENDENCY EXAMINATION CHRONIC USER/DRUG-DEPENDENT (QUALIFIED) NON-DRUG DEPENDENT (NOT QUALIFIED) STEP 2: MANDATORY REHABILITATION MINIMUM OF SIX (6) MONTHS •GOVERNMENT REHABILITATION CENTER •DOH ACCREDITED PRIVATE REHABILITATION CENTER •COMMUNITY REHABILITATION PROGRAM SANCTIONED BY THE DANGEROUS DRUGS BOARD •OWN EXPENSE OF OFFICIAL OR EMPLOYEE •CONFINEMENT FOR TREATMENT SHALL BE CHARGED AGAINST HIS/HER LEAVE CREDITS STEP 3: COMPLETION OF REHABILITATION PROGRAM NO CERTIFICATE OF COMPLETION OF REHABILITATION PROGRAM AND CLEARANCE FROM ATTENDING PHYSICIAN, NO RETURN TO WORK
  • 24. REGION 1 MEDICAL CENTER SANCTIONS FOR GOVERNMENT OFFICERS/EMPLOYEES ACTIONS CONSEQUENCES REFUSAL OF OFFICERS OR EMPLOYEES TO SUBMIT THEMSELVES TO DRUG TESTING WITHOUT VALID REASON GROSS INSUBORDINATION 1ST OFFENSE – SUSPENSION 2ND OFFENSE – DISMISSAL REFUSAL OF OFFICERS OR EMPLOYEES TO UNDERGO TREATMENT AND FAILURE TO COMPLETE INTERVENTION PROGRAM GRAVE MISCONDUCT 1ST OFFENSE – DISMISSAL OFFICIALS OR EMPLOYEES WHO TESTED POSITIVE IN A RANDOM DRUG TEST FOR THE 2ND TIME AFTER COMPLETION OF TREATMENT OR REHABILITATION
  • 25. REGION 1 MEDICAL CENTER SANCTIONS FOR GOVERNMENT OFFICERS/EMPLOYEES ACTIONS CONSEQUENCES TAMPERING OF THE RESULT OF A DRUG TEST GRAVE MISCONDUCT 1ST OFFENSE – DISMISSAL INTERFERING IN THE CONDUCT OF A DRUG TEST OR IN THE RELEASE OF RESULTS OFFICIALS CAUGHT USING OR PEDDLING DRUGS AT ANY TIME GRAVE MISCONDUCT 1ST OFFENSE – DISMISSAL CRIMINAL LIABILITY UNDER R.A. 9165 AND OTHER PERTINENT LAWS
  • 26. REGION 1 MEDICAL CENTER SANCTIONS FOR GOVERNMENT OFFICERS/EMPLOYEES ACTIONS CONSEQUENCES OFFICERS OR EMPLOYEES WHO FOR THE SECOND TIME HAVE BEEN DETECTED TO BE USING DANGEROUS DRUGS AFTER COMPLETION OF HIS/HER TREATMENT AND/OR REHABILITATION PROGRAM OR WHILE UNDERGOING TREATMENT AND/OR REHABILITATION CIVIL SERVICE COMMISSION SUSPENSION OR DISMISSAL FROM SERVICE OFFICERS OR EMPLOYEES ARRESTED OR CHARGED IN COURT FOR COMMISSION OF ANY OF THE UNLAWFUL ACTS PROVIDED FOR UNDER ART. II OF R.A. 9165 DEPARTMENT OF HEALTH AND CIVIL SERVICE COMMISSION SUSPENSION OR DISMISSAL FROM SERVICE DEPENDING ON THE GRAVITY OF OFFENSE COMMITTED WITHOUT PREJUDICE TO CRIMINAL PROSECUTION
  • 27. “DRUG MISUSE IS NOT A DISEASE, IT IS A DECISION, LIKE THE DECISION TO STEP OUT IN FRONT OF A MOVING CAR. YOU WOULD CALL THAT NOT A DISEASE BUT AN ERROR OF JUDGMENT.” - PHILIP K. DICK