Amending R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002)

Diner attr TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session AUG -6 P2:13 SENATE RECEIVED 81 S. No. 1041 Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE DRUG REHABILITATION PROGRAMS OF THE GOVERNMENT, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 9165 OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002", AS AMENDED, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Substance abuse continues to pose a serious public health and social challenge in the Philippines. While the government has intensified its campaign against illegal drugs, the need to strengthen the rehabilitation and reintegration aspects of this effort remains urgent. An effective and humane anti-drug strategy must not only focus on enforcement but also ensure that persons struggling with addiction are given real opportunities for recovery and reintegration into society. This measure seeks to enhance the government's drug rehabilitation programs by amending Republic Act No. 9165, also known as the "Comprehensive Dangerous Drugs Act of 2002." The bill aims to institutionalize and expand access to evidence- based, community-centered, and health-driven rehabilitation programs, while ensuring sufficient funding and inter-agency coordination for sustained implementation.

Filed by Senator Grace Poe in the 19th Congress, this measure recognizes the dignity of every person and the importance of second chances. By strengthening rehabilitation mechanisms, the bill not only helps those suffering from substance abuse regain control of their lives, but also supports families, eases the burden on the justice system, and builds safer communities. This legislative measure is an important step toward a more effective and compassionate anti-drug strategy. In view of the foregoing, the immediate passage of this bill is earnestly sought. igort 1 JINGGOY EJERCITO ESTRADA

Offee oft TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -6 P2:13 First Regular Session SENATE RECEIVED 8 S. No. 1041 Introduced by Senator Jinggoy Ejercito Estrada AN ACT STRENGTHENING THE DRUG REHABILITATION PROGRAMS OF THE GOVERNMENT, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 9165 OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002", AS AMENDED, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 75, Article VIII or Republic Act No. 9165 is hereby amended

to read as follows: "Section 75. Treatment and Rehabilitation Centers. - 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 availabhity 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) DOH-ADMINISTERED drug rehabilitation center in each provinceL;] AND HIGHLY URBANIZED CITY IN THE COUNTRY [depending on the availability of funds].

Sec. 2. A new Section 75-A is hereby inserted under Article VIII of Republic

11 Act No. 9165 and shall read as follows: "SECTION 75-A. FUNCTIONS OF DRUG REHABILITATION CENTERS. DRUG REHABILITATION CENTERS, WHETHER PRIVATE OR PUBLIC, SHALL HAVE THE FOLLOWING FUNCTIONS: "A) TO PROVIDE AFFORDABLE, ACCESSIBLE, EVIDENCE-BASED TREATMENT, ACCOMMODATION, AND GUIDANCE AND COUNSELING SERVICES TO PERSONS FOUND TO BE DRUG USERS; "B) TO ENSURE THAT DRUG USERS WILL NOT GO BACK INTO DRUG USE AND DEPENDENCE; "C) TO EMPOWER DRUG USERS TO REGAIN THEIR SELF-CONFIDENCE AND UNDERSTAND THE NEGATIVE PHYSICAL AND SOCIAL IMPACTS OF SUBSTANCE ABUSE; "D) TO INVOLVE FAMILIES AND COMMUNITY MEMBERS IN THE REHABILITATION OF DRUG USERS SO AS TO FACILITATE THE MENDING OF SOCIAL BONDS WHICH HAVE BEEN DESTROYED DUE TO LONG SUBSTANCE ABUSE AND PROVIDE A SUPPORT NETWORK FOR DRUG USERS BEYOND THE TREATMENT AND REHABILITATION PERIOD; AND

"E) TO PROVIDE AFTER-CARE, FOLLOW-UP, AND SOCIAL REINTEGRATION SERVICES TO ENABLE A PREVIOUS DRUG DEPENDENT TO ADJUST TO FAMILY AND COMMUNITY LIFE AFTER HIS RELEASE."

Sec. 3. A new Section 75-B is hereby inserted under Article VIII of Republic

Act No. 9165 and shall read as follows: "SECTION 75-B. ORGANIZATION AND STAFFING. - EACH CENTER SHALL BE HEADED BY ONE DIRECTOR TO BE ASSISTED BY AT LEAST THREE (3) ASSISTANT DIRECTORS FOR OUTPATIENT OR INPATIENT CARE, ADMINISTRATION AND FINANCE, DEPENDING ON SERVICE TYPE AND CAPACITY, WHO SHALL ALL BE APPOINTED BY THE SECRETARY OF HEALTH. THE DIRECTOR AND DEPUTY DIRECTORS SHALL HAVE THE GENERAL POWERS EXERCISED BY A CHIEF AND ASSISTANT CHIEFS, RESPECTIVELY, OF A GOVERNMENT HOSPITAL. "NO PERSON SHALL BE APPOINTED DIRECTOR OR DEPUTY DIRECTOR UNLESS HE OR SHE IS A CITIZEN AND RESIDENT OF THE PHILIPPINES; A PHYSICIAN OF GOOD STANDING WITH AT LEAST THREE (3) YEARS OF EXPERIENCE IN THE CARE, TREATMENT AND REHABILITATION OF DRUG USERS; AND MUST NOT HAVE BEEN A CANDIDATE FOR ANY ELECTIVE NATIONAL OR LOCAL OFFICE IN THE IMMEDIATELY PRECEDING ELECTIONS, WHETHER REGULAR OR SPECIAL. THE DOH MAY ISSUE ADITIONAL GUIDELINES ON THE QUALIFICATIONS OF THE DIRECTORS OF CENTERS PURSUANT TO

SECTION 76 (10) OF THIS ACT.

"THE DIRECTOR SHALL APPOINT OTHER STAFF AS MAY BE NECESSARY SUBJECT TO GUIDELINES

ISSUED PURSUANT TO ARTICLE VIII, SECTION 76 (10) OF THIS ACT. "THE SALARIES AND EMOLUMENTS OF THE DIRECTORS AND ALL PERSONNEL OF CENTERS SHALL BE IN ACCORDANCE WITH LAWS, AND RULES AND REGULATIONS ON SALARY STANDARDIZATION."

Sec. 4. Section 76, Article VIII of Republic Act No. 9165 is hereby amended to

read as follows: "Section 76. The Duties and Responsibilities of the Department of health (DOH) under this Act - The DOH shall: "(1) XXX "xXX "(7) IDENTIFY THE LOCATION, TYPE AND SERVICE CAPACITY OF THE DOH-ADMINISTERED DRUG REHABILITATION CENTERS TO BE CONSTRUCTED ON A CASE TO CASE BASIS, AFTER PRIOR SUFFICIENT CONSULTATION WITH THE CONCERNED LOCAL GOVERNMENT UNITS AND COMMUNITIES; "(8) DEVELOP A WORKFORCE PLAN FOR THE CONTINUOUS PROVISION OF MEDICAL TOXICOLOGISTS AND OTHER NECESSARY MEDICAL STAFF; "(9) PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO THE STAFF OF DRUG REHABILITATION CENTERS, WHETHER PUBLIC OR PRIVATE; AND "(10) PROMULGATE GUIDELINES ON THE ORGANIZATION AND STAFFING OF DOH- ADMINISTERED REHABILITATION CENTERS, IN COORDINATION WITH THE DEPARTMENT OF BUDGET

AND MANAGEMENT AND OTHER CONCERNED GOVERNMENT AGENCIES."

Sec. 5. A new Section 76-A is hereby inserted under Article VIII of Republic Act

No. 9165 and shall read as follows: "SECTION 76-A. BENEFIT PACKAGE FOR REHABILITATION AND DETOXIFICATION. - THE PHILIPPINE HEALTH INSURANCE CORPORATION SHALL DESIGN BENEFIT PACKAGES FOR REHABILITATION, TREATMENT AND DETOXIFICATION OF DRUG DEPENDENTS AND SHALL ISSUE GUIDELINES THEREOF. THE BENEFIT PACKAGE SHALL COVER: "A) ROOM AND BOARD; CARE "B) SERVICES OF HEALTH PROFESSIONALS; AND "C) PRESCRPTION DRUGS, SUBJECT TO

SECTION 37 OF THIS ACT."

Sec. 6. Appropriations. - The amount necessary for the initial implementation

of this Act shall be charged against the current appropriations of the DOH. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. Grants, donations, and endowments from domestic and foreign sources, pursuant to existing laws and regulations, may be used to augment the sources of funding identified under Article X, Sec. 87 of Republic Act N. 9165. All income generated from the operation of centers shall be retained by the DOH and shall be used to augment the centers' Maintenance and Other Operating Expenditures and Capital Outlay: Provided, That the said amount shall not be used or realigned for the payment of salaries, allowances and other benefits.

Sec. 7. Implementing Rules and Regulations. - The Department of Health, in

consultation with the Dangerous Drugs Board, the Department of Interior and Local Government, the Department of Justice, the Department of Social Welfare and Development, and the Philippine National Police, shall promulgate the rules and

regulations for the implementation of this Act no later than thirty (30) days after its effectivity.

Sec. 8. Separability Clause. - If any provision of this Act shall be held

unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.

Sec. 9. Repealing Clause. - All laws, executive orders, rules and regulations

inconsistent with or contrary to this Act, are hereby deemed accordingly repealed or amended.

Sec. 10. Effectivity Clause. - This Act shall take effect upon its approval and

completion of publication in the Official Gazette. Approved,