BOARD REGULATION No. 3
Series of 2009
GENERAL GUIDELINES FOR THE CONDUCT OF RANDOM DRUG
TESTING FOR STUDENTS OF SECONDARY, TERTIARY, VOCATIONAL AND TECHNICAL SCHOOLS,
AMENDING BOARD REGULATION NO. 6 SERIES OF 2003
WHEREAS, Section 36 (c),
Article III of Republic Act 9165, mandates that the students of secondary and
tertiary schools undergo drug testing and that all drug testing expenses
whether public or private schools under this Section will be borne by the
government;
WHEREAS, government
already implemented a similar random drug testing activity in 2005 for
secondary level students, and in 2007, for tertiary level students;
WHEREAS, there is a need
to amend provisions of the implementing guidelines in order to adopt new policy
directives and remedy perceived ambiguities in the previous issuance;
WHEREFORE, be it RESOLVED,
as it is hereby RESOLVED, to amend Board Regulation No. 6, series of 2003
specifically the following provisions thereof:
SECTION 1
Subject is hereby amended
by including “students of vocational and technical schools,” as among those
covered by the guidelines which should now read as follows:
SUBJECT : GENERAL GUIDELINES FOR THE CONDUCT OF
RANDOM
DRUG TESTING FOR
STUDENTS OF SECONDARY, TERTIARY,
VOCATIONAL AND
TECHNICAL SCHOOLS
SECTION 2
Letter A “Guiding
Principles in the Implementation of Random Drug Testing in Schools and
Management of Drug Test Results” is hereby amended by adding another paragraph
as paragraph number 12.
12. Random
drug testing for students is considered by the government as
entirely a “health” issue and aims to provide
appropriate interventions, to
those who will be tested positive for
dangerous drug use, which will help the
students stop further use and/or abuse of the
substance.
SECTION 3
Letter C “DEFINITION OF
TERMS” is hereby amended to include the terms “CHAIN OF CUSTODY, INTERVENTIONS
and LABORATORY, which shall be defined as follows:
CHAIN OF CUSTODY – refers to procedures to account
for each specimen by
tracking
is handling and storage from point of collection to final disposal. These
procedures require that the applicant’s identity is confirmed and that a
Custody and Control Form is used from time of collection to receipt by the
laboratory. Within the laboratory, appropriate chain of custody records must
account for the samples until disposal.
INTERVENTIONS – are therapeutic programs appropriate for high–risk
individuals/students who are using dangerous drugs and who need special
assistance to recognize the signs and symptoms of initial drug use and
dependency. It may include corrective or rehabilitative actions that may take
the form of crisis intervention, peer counseling, peer leadership programs,
parent/peer groups, or psychological counseling at the individual or family
level and structured rehabilitation programs. It may also include medical
interventions of the afflicted student whenever necessary.
LABORATORY – refers to a DOH–accredited private or government
facility that is capable of testing a specimen to determine the presence of
dangerous drugs therein.
SECTION 4
Letter D “PROCEDURES IN
THE CONDUCT OF RANDOM DRUG TESTING” is hereby amended such that:
Item
2.a. should read as: “The Supervising Agency shall inform all schools on their
inclusion in the random drug testing program.”
Item
4. on Treatment of Random Drug Test Results is hereby amended in its entirety
such that it shall read as follows:
1. xxx
2. xxx
3. xxx
4.
TREATMENT OF RANDOM DRUG TEST RESULTS
a. The results of
the test shall be strictly confidential. No school shall publish or post
results whether positive or negative.
b. Any person who
violates the rules of confidentiality of the results and selection shall be
liable under Section 72 of R.A. 9165 and such other appropriate laws.
c. In case the test
results are positive at the screening level, the same specimen shall
immediately be submitted for confirmation observing all strict chain of custody
procedures and confidentiality of records.
d. If a student is
“confirmed” to be using a dangerous drug, the following shall be observed:
(1) The Laboratory
places results in a sealed envelope for transmission to the Central Office of
the Supervising Agency
(2) The Supervising
Agency shall then transmit the results to the concerned school/institutions by
informing the particular school/institution’s random drug testing (RDT)
Coordinator previously assigned by the selection board.
(a) The Supervising
Agency shall remind the RDT Coordinator of the confidential nature of the
results and strict handling of the “chain of custody” of the information should
be observed.
(3) The
school/institution’s RDT Coordinator shall then inform the parent and the
students of the results and how the information is regarded with utmost secrecy
and confidentiality
(a) The Coordinator
shall remind the student that divulging the results with anybody will be at his
own risk; and
(b) That if
possible, the information should remain in the confines of their house.
(4) The parent, the
RDT Coordinator and the student shall then prepare for a case conference to
discuss issues of drug use and possible dependency.
(5) The Drug Testing
Coordinator shall refer the student and his/her parent to a government–owned DOH–accredited
facility or DOH–accredited government physician to determine the student’s
dependency level.
(6) A date and venue
shall be selected for the case conference
(a) Date should be
agreeable to all concerned in the case conference (Parent, Student, RDT
Coordinator and the DOH Accredited Physician).
(b) Venue should
have a semblance of privacy (preferably in a room, with an office table where
group discussions and individual sessions can be one).
(c) Whichever is
more convenient for the student and parent, venue could be as follows:
i. Regional Office or hospital of the DOH
ii. Regional Office of the Supervising Agency
iii. Other designated venue which can assure privacy
(7) The RDT
Coordinator shall inform Supervising Agency Central Office coordinator on the
possible dates and venue for further discussion of options.
(8) Once finalized,
the group shall proceed as planned with the case conference.
(a) Drug dependency
level of the student shall be evaluated;
(b) Cross reference
of information shall be validated from the parent and the RDT Coordinator;
(c) Treatment
planning for the student shall be discussed and presented to the student and
parent;
(d) Options for
treatment should be presented to the parent and student;
(e) If a student
(below 18 years of age) is found to be a drug dependent, the school authority
shall refer him/her to the Department of Social Welfare and Development (DSWD)
or a local social worker for counseling and other intervention;
(f) The parent and
the student may choose to enroll the student in a private rehabilitation center
or program or opt to avail of the rehabilitation services of the government
through a DOH–accredited facility
i. If child opts for government service, the DOH
treatment and rehabilitation centers nearest to the area can provide services;
ii. If the parent and student would opt for private
services, appropriate referral will be done, taking note of the progress of
treatment on a regular basis;
(g) Trained guidance
counselors can also be utilized.
e. If a student is
“confirmed” negative from dangerous drug use, the following shall be observed:
(1) Names per
school/institution of all who tested negative will be summarized in a result
form.
(2) The Summarized Result
Form shall be transmitted to the Supervising Agency concerned.
(3) Supervising
Agency Central Office shall forward the same to the concerned
school/institution’s RDT Coordinator.
(4) The RDT
Coordinator and/or teacher adviser/and/or guidance counselor shall individually
inform each student and parent concerned regarding the results.
f. Positive
Confirmatory drug test under this Regulation shall be a ground for expulsion or
any disciplinary action against the student and should not be reflected in any
and all academic records. Under no circumstances shall the results be used to
incriminate any students for further legal action which may result to
administrative/civil/criminal liabilities.
Likewise, consistent with
the requirements of confidentiality, the results of drug tests conducted
pursuant to this Board Regulation, shall not be used as evidence in any court
or tribunal, where the subject student stands to be accused of any crime or
felony, and for any other purpose.
g. The student
shall then undergo the prescribed intervention program under the supervision of
the DOH–accredited facility or physician, or private practitioners, or social
worker, in consultation with the parent. Such process of observation and
counseling shall be done in coordination with the Drug Counselor of the school.
h. If student shows
no signs of improvement, recovery or fails the drug test the second time, the DOH–accredited
facility or physician, may make a recommendation to the student, parent, and
Drug Testing Coordinator to have the student referred to as DOH–accredited
facility suited to the student’s level of dependency. If another testing is
conducted for another period on the same student population, and the student is
found positive the second time, the school shall proceed in accordance with
Section 61 of R.A. 9165.
i. If the parents
refuse to act, the school shall proceed in accordance to Section 61 of R.A.
9165 without prejudice to the provision of Section 73, R.A. 9165.
SECTION 5
Letter F “TRAINING OF
GUIDANCE COUNSELORS” is hereby amended such that letter F shall read as
follows:
F. TRAINING
OF GUIDANCE COUNSELORS
The
Department of Education (DepEd), Commission on Higher Education (CHED),
Technical Education and Skills Development Authority (TESDA), the Philippine
Drug Enforcement Agency (PDEA) and Dangerous Drugs Board (DDB) in coordination
with each other, shall formulate and conduct the training program for guidance
counselors for the purpose of enhancing their skills in handling drug abuse
prevention programs and handing drug dependency cases. The school guidance
counselors and other qualified medical personnel shall be encouraged to undergo
DOH accreditation.
SECTION 6
Letter H “ENFORCEMENT AND
COMPLIANCE” should now read as follows:
H. ENFORCEMENT
OF COMPLIANCE
Students
who refuse to undergo random testing shall be dealt with in accordance with the
rules and regulations of the schools; provided that at no time refusal to
undergo testing shall not give rise to a presumption of drug use or dependency;
provided further that the school may implement interventions on such
refusal other than the offense of drug use or dependency. Interventions
should be consistent with the provisions of this Board Regulation and its
guiding principles.
Schools
that refuse the random drug testing program shall be liable under Section 32 of
R.A. 9165 without prejudice to other administrative sanctions imposed by the
Supervising Agencies. The Supervising Agency shall report the same to the
Philippine Drug Enforcement Agency (PDEA) and the Dangerous Drugs Board (DDB).
Supervising
Agencies should encourage institutionalization of Drug Testing Activities in
schools/institutions concerned over–and–above the random drug testing program conducted
by the government. The Supervising Agencies and the DOH should help build up
capacities of schools/institutions to achieve competencies and self–reliance on
random drug testing. Schools who initiated the conduct of similar drug testing
activities shall submit reports to the Supervising Agencies for proper
accreditation of the Department of Health.
Attached is the flow chart
of activities which shall be an integral part of this Regulation.
All issuances, including
Board Regulation No. 6 series 2003 or part thereof inconsistent herewith, are
deemed repealed or modified accordingly.
SECTION 7
Effectivity
This Regulation shall take
effect after fifteen (15) days after its publication in two (2) newspapers of
general circulation and after its registration with the Office of the National
Administrative Register (ONAR), UP Law Center, Quezon City.
APPROVED AND ADOPTED, this
3rd day of June in the year of our Lord, 2009 in Quezon City.
Secretary VICENTE C.
SOTTO III
Chairman, Dangerous
Drugs Board
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