Amending Board Regulation No. 4, Series of 2003 (R.A. No. 9165)

October 2, 2008

DDB BOARD REGULATION NO. 04-08

AMENDING BOARD REGULATION NO. 4, SERIES OF 2003 ENTITLED "IMPLEMENTING RULES AND REGULATIONS GOVERNING ACCREDITATION OF DRUG ABUSE TREATMENT AND REHABILITATION CENTERS AND ACCREDITATION OF CENTER PERSONNEL"

WHEREAS, Section 76 of Republic Act 9165 enumerates the functions of the Department of Health (DOH) which shall include but not limited to the following function: SIcTAC

1. Oversee and monitor the integration, coordination and supervision of all drug rehabilitation, intervention, after-care and follow-up programs, projects and activities as well as the establishment, operations, maintenance and management of privately-owned drug treatment and rehabilitation centers and drug testing networks and laboratories throughout the country in coordination with DSWD and other agencies.

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WHEREAS, the Dangerous Drugs Board (DDB) promulgated Board Regulation No. 4, Series of 2003, providing for the "Implementing Rules and Regulations Governing Accreditation of Drug Abuse Treatment and Rehabilitation Center and Accreditation of Center Personnel";

WHEREAS, there is a need to update implementation strategies and utilize new technologies recently made available to develop and improve success rates of treatment and rehabilitation centers;

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, to amend Dangerous Drugs Board (DDB) Regulation No. 4, Series of 2003, as hereunder provided:

SECTION 1. Section A (Definition of Terms) of DDB Regulation No. 4, Series of 2003, is hereby amended by inserting the definition of the word "Application Service Provider" and "Authorized Capacity" between the definition of the word "Accreditation" and the definition of the word "BHFS", as follows: DTAcIa

"Application Service Provider" refers to Integrated Drug Testing Operations Management Information System maintained and supervised by the Department of Health to manage and distribute software-based services and solutions for facilities across a wide area network from central data center.

"Authorized Capacity" refers to the number of clients of which can be catered to by the facility based on the ideal personnel to clientele ratio.

SECTION 2. Section 4 (Definition of Terms) of DDB Regulation No. 4, Series of 2003, is hereby amended by inserting the definition of the word "Board" between the definition of the word "BHFS" and the definition of the word "Bureau", as follows:

"Board" refers to the Dangerous Drugs Board created under Section 77, Article IX of RA 9165

SECTION 3. Section 6 (Technical Requirements for Accreditation) of DDB Regulation No. 4, Series of 2003, is hereby amended, to include the Application Service Provider (ASP) as a technical requirement such that the Section shall now read as follows:

For a Center to be accredited, it shall comply with the following technical requirements: (refer to Annex A*)

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15. Maintenance of ASP — The Center shall maintain a set of Information Technology (IT) equipment whose specification shall conform to the minimum requirement set by the DOH as the need arises and after due consultation with the stakeholders. New IT equipment requirements shall be disseminated through a DOH Memorandum Circular which shall be posted in the DOH website.

SECTION 4. Section 8 (Procedural Guidelines for Certificate of Accreditation Issuance of Permit to Construct — for residential Centers) DDB Regulation No. 4, Series of 2003, is hereby amended, such that the entire Section shall now read as follows: CHTcSE

The applicant shall secure a Permit to Construct from the BHFS for construction of a new facility, alteration, expansion or renovation of an existing health facility, change in classification or increase in a bed capacity. It is a pre-requisite for accreditation.

1. The applicant accomplishes the required documents and submits them to the CHD for endorsement to the BHFS. Upon filing of application, the applicant pays the corresponding fees to the Cashier of the DOH in person, or through postal money order.

Documentary requirements — Permit to Construct

1.1 Letter of application to the BHFS Director

1.2 Letter of endorsement to the BHFS (if filed at the CHD)

1.3 Four (4) sets of Site Development Plan and Floor Plan signed and sealed by licensed architect and/or engineer

1.4 DTI/SEC Registration (for private facilities) Enabling Act/Board Resolution (for government facilities)

2. The BHFS reviews the documents and approves/disapproves the issuance of Permit to Construct.

2.1 If approved, the BHFS issues a Permit to Construct to the applicant.

2.2 If disapproved, the BHFS returns the documents, together with their findings and recommendations to the applicant. Failure to comply within thirty (30) days shall be a ground for denial of application. Hence, the applicant has to re-file his application and pays the required fees.

Issuance of Certificate of Accreditation

Prior to the Operation of a Center, it must secure a Certificate of Accreditation.

1. The applicant accomplishes the required documents and submits them to the BHFS or CHD for endorsement to the Bureau. Upon filing of application, the applicant pays the corresponding fees to the Cashier of the DOH in person or through postal money order or thru authorized collecting agencies and/or banks specified by the DOH. HADTEC

Documentary requirements

1.1 The BHFS Application Form filed either at the Bureau or CHD

1.2 Letter of endorsement to the Bureau Director if filed at the CHD

1.3 Permit to Construct

1.4 List of personnel including bio-data

1.5 List of Equipment

1.6 Procedure Manual to include among others the schedule of the structured activities

1.7 Training Plan

2. The BHFS conducts on site survey to determine compliance with standards/technical requirements.

3. The BHFS approves/disapproves the issuance of Certificate of Accreditation.

3.1 If approved, the BHFS accredits the Center and issues an initial Certificate of Accreditation to the applicant upon deposit of twenty thousand pesos (20,000.00) cash bond.

3.2 If disapproved, the BHFS sends the findings and recommendations to the applicant. Failure to comply within fifteen (15) days shall be a ground for denial of the application. Hence, the applicant has to re-file his application and pay the required accreditation fees.

SECTION 5. Section 10 (Content of Certificate of Accreditation) of DDB Regulation No. 4, Series of 2003, is hereby amended, such as the entire Section shall now read as follows:

The Certificate of Accreditation shall state on its face the name of the owner or operator of the Center, the service capability, the authorized capacity, the period for which it is valid, and the location at which said services shall be provided. It shall be signed by the Bureau Director.

SECTION 6. Section 15 (Violations) of DDB Regulation No. 4, Series of 2003, is hereby amended, such that the entire Section shall now read as follows: LexLib

Violations of the "Comprehensive Dangerous Drugs Act of 2002" or the rules and regulations issued in pursuance thereto include but not limited to the commission of the following acts:

1. Conviction of the owner or manager of the Center for any criminal offense committed as an incident to its operation.

2. Person who violates the confidentiality of records.

3. Failure to comply with the prescribed guidelines in the Manual of Operations for Treatment and Rehabilitation Centers.

4. Failure to follow the prescribed flow of activities described by the ASP provider which will be issued through a DOH-Circular.

5. Failure to comply admission requirements as prescribed by RA 9165 and Board issuances.

SECTION 7. Section 20 (Moratorium) of DDB Regulation No. 4, Series of 2003, is hereby amended, such that the entire Section shall now read as follows:

All accredited Centers shall be given three (3) months from approval and publication of these implementing rules and regulations to meet the new accreditation requirements.

All DDB accredited physicians who were given lifetime-accreditation, and were allowed to continue the conduct of examination and treatment of drug dependents from approval and publication of these implementing rules and regulations, shall be allowed to perform the same functions until June 30, 2009. Likewise, the rest of the DDB Accredited Center Personnel who were given lifetime-accreditation shall also be allowed to continue performance of their functions until the same date. Thereafter, they must renew their Certificate of Accreditation regularly. ESDHCa

SECTION 8. This Regulation shall take effect 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.

Date Filed: 17 October 2008

Adopted: 02 October 2008

(SGD.) Secretary VICENTE C. SOTTO IIIChairman, Dangerous Drugs Board

Attested by:

(SGD.) Undersecretary EDGAR C. GALVANTESecretaryDangerous Drugs Board