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

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL -7 AlT :11 First Regular Session SENATE S.B. No. 198 INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT STREAMLINING THE PROCESS FOR THE ADMISSION OF DRUG DEPENDENTS IN GOVERNMENT DRUG REHABILITATION FACILITIES, AMENDING FOR THE PURPOSE SECTION 3, 54, 77 AND 81 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 EXPLANATORY NOTE In the Philippines, there is a stigma that a known user of prohibited drugs is deemed as a continuing nuisance to the society. According to the National Institute on Drug Abuse, like other chronic diseases, addiction can be managed successfully. Treatment enables people to counteract addiction's powerful disruptive effects on the brain and behavior and to regain control of their lives. I Under our Constitution, it is the policy of the State to protect and promote the right to health of the people and instill health consciousness among them. https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third- edition/ frequently-asked-questions/how-effective-drug-addiction-treatment

Thousands of users are voluntary submitting themselves to reform and undergo drug rehabilitation treatment. However, one of the challenges faced by these drug users or dependents is the delay in the process of admission for treatment in government facilities. Under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, a voluntary patient to be admitted in a government treatment facility must secure a court order. The court shall hear the petition for confinement before the court granting such. This litigious proceeding is a tedious and long process, while the treatment being applied for can be completed within six (6) months the least. To streamline this process, this bill aims to require that the petition for voluntary confinement be a non-litigious matter before the Dangerous Drugs Board. The prompt disposition of petitions will facilitate the timely rehabilitation of the accused and their eventual reintegration to the society and the working force. Hence, in the interest of justice, health and for the mutual benefit of the State and the drug dependents, the passage of this bill is earnestly sought. VICENTE C. SOTTO III

TWENTIETH CONGRESS REPUBLIC OF THE PHILIPPINES 25 JUL -7 A11:11 First Regular Session SENATE S.B. No. 198 INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT STREAMLINING THE PROCESS FOR THE ADMISSION OF DRUG DEPENDENTS IN GOVERNMENT DRUG REHABILITATION FACILITIES, AMENDING FOR THE PURPOSE SECTION 3, 54, 77 AND 81 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 3 of Republic Act 9165 is hereby amended to add

the following provisions:

Section 3. Definitions. As used in this Act, the following terms shall

mean: WITH DOH-ACCREDITED PHYSICIAN. - A PHYSICIAN EXPERIENCE ON BACKGROUND AND PSYCHOLOGICAL/ BEHAVIORAL MEDICINE WHOSE APPLICATION HAS BEEN APPROVED AND DULY AUTHORIZED BY THE DOH TO CONDUCT DRUG DEPENDENCY EXAMINATION AND TREATMENT ON PERSONS BELIEVED TO BE USING DANGEROUS DRUGS. DRUG DEPENDENCY EXAMINATION. - A PROCEDURE CONDUCTED BY THE DOH-ACCREDITED PHYSICIAN TO EVALUATE THE EXTENT OF DRUG ABUSE OF A PERSON AND TO DETERMINE WHETHER OR NOT HE/SHE IS A DRUG DEPENDENT, WHICH INCLUDES HISTORY TAKING, INTAKE INTERVIEW, DETERMINATION OF THE CRITERIA FOR DRUG DEPENDENCY, MENTAL AND PHYSICAL STATUS, AND THE

DETECTION OF DANGEROUS DRUGS IN THE BODY SPECIMENS THROUGH LABORATORY PROCEDURES. REHABILITATIVE SURVEILLANCE. - INTENSIVE SUPERVISION AND MONITORING OF A CLIENT UNDERGOING OUTPATIENT TREATMENT, PROBATION, SUSPENDED SENTENCE AND/ OR AFTERCARE PROGRAMS TO DETERMINE HIS/HER COMPLIANCE OF A DRUG FREE STATE, HIS/HER SOCIAL RESPONSIBILITIES AND HIS/HER RETURN AS A PRODUCTIVE MEMBER OF THE SOCEITY.

SECTION 2. Section 54 of Republic Act 9165 is hereby amended to

read as follows:

Section 54. Voluntary Submission of a Drug Dependent to Confinement,

Treatment and Rehabilitation. - 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.] FILE A VERIFIED APPLICATION TO THE BOARD, OR ITS DULY AUTHORIZED REPRESENTATIVE, FOR VOLUNTARY CONFINEMENT FOR TREATMENT AND REHABILITATION. UPON RECEIPT OF THE VERIFIED APPLICATION, THE BOARD OR ITS DULY AUTHORIZED REPRESENTATIVE SHALL ORDER THAT THE APPLICANT OR THE PERSON IN WHOSE BEHALF THE APPLICATION IS FILED, BE EXAMINED FOR DRUG DEPENDENCY BY TWO (2) DOH-ACCREDITED PHYSICIANS. 26 IF BOTH PHYSICIANS CONCLUDE THAT THE APPLICANT IS A DRUG DEPENDENT, THE BOARD SHALL ORDER HIS/HER IMMEDIATE CONFINEMENT AND TREATMENT UPON THE RECOMMENDATION OF THE PHYSICIANS. IF ONLY ONE FINDS HIM/HER TO BE A DRUG DEPENDENT, THE BOARD SHALL CONDUCT A HEARING AND CONSIDER ALL RELEVANT EVIDENCE, WHICH MAY BE OFFERED. [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 37 dependent, he/she shall be ordered by the Court to undergo

treatment and rehabilitation in a Center designated by the Board] THE ORDER OF CONFINEMENT AND TREATMENT MAY BE IN A GOVERNMENT OR PRIVATE TREATMENT AND REHABILITATION CENTER DESIGNATED BY THE BOARD, AT THE OPTION OF THE APPLICANT. THE APPLICANT SHALL BEAR THE TREATMENT AND REHABILITATION COSTS IF HE/SHE OPTED TO BE TREATED IN A PRIVATE REHABILITATION INSTITUTION. SUCH CONFINEMENT SHALL BE 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 first-time offender and non-confinement in a Center will not pose a serious danger to his/her family or the community. 15 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 19 further confinement will be for the welfare of the drug dependent and 20 his/her family or the community.

SECTION 3. Section 77 of Republic Act 9165 is hereby amended to

read as follows:

Section 77. The Dangerous Drugs Board. - The Board shall be the

policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control. It shall develop and adopt comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy. It shall be under the Office of the President. THE BOARD SHALL HAVE A QUASI-JUDICIAL POWER TO DETERMINE THE DRUG DEPENDENCY OF A PERSON AND ISSUE A CONFINEMENT ORDER IN RELATION TO THE VOLUNTARY APPLICATION FOR REHABILITATION AND TREATMENT OF DRUG DEPENDENTS. ANY PERSON AGGRIEVED BY AN ORDER OR DECISION OF THE BOARD, IN RELATION TO THE CONFINEMENT AND TREATMENT ORDER FOR DRUG DEPENDENTS, MAY APPEAL THE ORDER OR DECISION TO THE COURT OF APPEALS BY PETITION FOR REVIEW IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF THE RULES OF COURT.

SECTION 4. Section 81 of Republic Act 9165 is hereby amended to

read as follows:

Section 81. Powers and Duties of the Board. - The Board shall:

(a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national drug use prevention and control strategy; (b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act, including the manner of safekeeping, disposition, burning or condemnation of any dangerous drug and/or controlled precursor and essential chemical under its charge and custody, and prescribe administrative remedies or sanctions for the violations of such rules and regulations; (c) Conduct policy studies, program monitoring and evaluations and other researches on drug prevention, control and enforcement; (d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological researches on dangerous drugs and dangerous drugs prevention and control measures; (e) Develop an educational program and information drive on the hazards and prevention of illegal use of any dangerous drug and/or controlled precursor and essential chemical based on factual data, and disseminate the same to the general public, for which purpose the Board shall endeavor to make the general public aware of the hazards of any dangerous drugs and/or controlled precursor and essential chemical by providing among others, literature, films, displays or advertisements and by coordinating with all institutions of learning as well as with all national and local enforcement agencies in planning and be conducting its educational campaign programs to implemented by the appropriate government agencies; (f) Conduct continuing seminars for, and consultations with, and provide information materials to judges and prosecutors in coordination with the Office of the Court Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which aim to provide them with the current developments and programs of the Board pertinent to its campaign against

dangerous drugs and its scientific researches on dangerous drugs, its prevention and control measures; (g) Design special trainings in order to provide law enforcement officers, members of the judiciary, and prosecutors, school authorities and personnel of centers with knowledge and know- how in dangerous drugs and/or controlled precursors and essential chemicals control in coordination with the Supreme Court to meet the objectives of the national drug control programs; (h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies involved in drugs control, treatment and rehabilitation, both public and private, a national treatment and rehabilitation program for drug dependents including a standard aftercare and community service program for recovering drug dependents; (i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups as well as nongovernment organizations a drug abuse prevention program in the workplace that would include a provision for employee assistance programs for emotionally-stressed employees; (i) Initiate and authorize closure proceedings against non- accredited and/or substandard rehabilitation centers based on verified reports of human rights violations, subhuman conditions, inadequate medical training and assistance and excessive fees for implementation by the PDEA; (k) Prescribe and promulgate rules and regulations governing the establishment of such centers, networks and laboratories as deemed necessary after conducting a feasibility study in coordination with the DOH and other government agencies; (1) Receive, gather, collect and evaluate all information on the importation, exportation, production, manufacture, sale, stocks, seizures of and the estimated need for any dangerous drug and/or controlled precursor and essential chemical, for which purpose the Board may require from any official, instrumentality or agency of the government or any private person or enterprise dealing in, or engaged in activities having to do with any dangerous drug and/or controlled precursors

and essential chemicals such data or information as it may need to implement this Act; (m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks, seizures of and estimates need for any dangerous drug and/or controlled precursors and essential chemicals and such other statistical data on said drugs as may be periodically required by the United Nations Narcotics Drug Commission, the World Health Organization and other international organizations in consonance with the country's international commitments; (n) Develop and maintain international networking coordination with international drug control agencies and organizations, and implement the provisions of international conventions and agreements thereon which have been adopted and approved by the Congress of the Philippines; (0) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in coordination with the PDEA, about all dangerous drugs and/or controlled precursors and essential chemicals-related cases to which they have attended for statistics and research purposes; (p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to administer and dispose the same when necessary for the benefit of government and private rehabilitation centers subject to limitations, directions and instructions from the donors, if any; (a) Issue guidelines as to the approval or disapproval of for voluntary applications treatment, rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules and regulations pertaining to the application and its enforcement; (r) Formulate guidelines, in coordination with other government agencies, the importation, distribution, production, manufacture, compounding, prescription, dispensing and sale of, and other lawful acts in connection with any dangerous drug, controlled precursors and essential chemicals and other similar or analogous substances of such kind and in such quantity as it may deem necessary according to the medical and

research needs or requirements of the country including diet pills containing ephedrine and other addictive chemicals and determine the quantity and/or quality of dangerous drugs and controlled precursors and essential chemicals to be imported, manufactured and held in stock at any given time by authorized importer, manufacturer or distributor of such drugs; (s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of dangerous drugs into and out of the country to neutralize transnational crime syndicates involved in illegal trafficking of any dangerous drugs and/or controlled precursors and essential chemicals; (t) Recommend the revocation of the professional license of any practitioner who is an owner, co-owner, lessee, or in the employ of the drug establishment, or manager of a partnership, corporation, association, or any juridical entity owning and/or controlling such drug establishment, and who knowingly participates in, or consents to, tolerates, or abets the commission of the act of violations as indicated in the preceding paragraph, all without prejudice to the criminal prosecution of the person responsible for the said violation; (u) Appoint such technical, administrative and other personnel as may be necessary for the effective implementation of this Act, subject to the Civil Service Law and its rules and regulations; (v) Establish a regular and continuing consultation with concerned government agencies and medical professional organizations to determine if balance exists in policies, procedures, rules and regulations on dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can be improved and facilitated; and (w) Submit an annual and periodic reports to the President, the Congress of the Philippines and the Senate and House of Representatives committees concerned as may be required from time to time, and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the congressional committees concerned. (X) ORDER EXAMINATION FOR DRUG DEPENDENCY UPON RECEIPT OF VERIFIED APPLICATION FOR VOLUNTARY

CONFINEMENT AND TREATMENT OF DRUG DEPENDENTS, HEAR AND DECIDE IN CASES WHERE ONLY ONE DOH- ACCREDITED PHYSICIAN CONFIRMS DRUG DEPENDENCY AND ISSUE AN ORDER OF CONFINEMENT AND TREATMENT THEREOF. (7) ESTABLISH AND MAINTAIN FIELD OFFICES IT MAY DEEM NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THE NATIONAL DRUG PREVENTION AND CONTROL STRATEGY.

SECTION 5. Repealing Clause. - All laws, decrees, executive orders,

issuances or regulations inconsistent with the provisions of this Act shall hereby revised or amend accordingly.

SECTION 6. Separability Clause. - If any part of this Act is declared

unconstitutional or invalid such parts or provisions thereof not so declared shall remain valid and subsisting.

SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15)

days after its publication in at least two (2) newspaper of general circulation. Approved.