Complementary Guidelines to the Dangerous Drugs Board Regulation Nos. 1 and 2, Series of 2019 on the Accreditation of Drug Rehabilitation Practitioners and Drug Abuse Treatment and Rehabilitation Center (DATRC)

March 5, 2020

DOH ADMINISTRATIVE ORDER NO. 2020-0009

 

I. RATIONALE

Republic Act No. 9165, otherwise known as "The Comprehensive Dangerous Drugs Act of 2002," mandated the Department of Health to accredit both government and privately-owned DATRC, as well as physicians who will conduct drug dependency examination, and programs for aftercare and follow-up. Subsequently, the Dangerous Drugs Board (DDB), the policy making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control, issued Board Regulation No. 4, Series of 2003, entitled "Implementing Rules and Regulations Governing the Accreditation of Drug Abuse and Treatment Rehabilitation Centers and Accreditation of Center Personnel," delegating the regulatory functions to Bureau of Health Facilities and Services (now HFSRB). HTcADC

Section 19 of the said Board Regulation also mentioned the accreditation of center personnel, which includes physicians and professional and non-professional center personnel. The task of accrediting the center personnel was delegated to the Dangerous Drugs Abuse Prevention and Treatment Program (DDAPTP), which is also assigned to develop training designs and to provide such trainings to said personnel. Board Regulation No. 5, Series of 2013, amended Board Regulation No. 4, s. 2003 to rename the "Center Personnel" as "Drug Rehabilitation Practitioners."

Board Regulation No. 4, Series of 2003 and its amendments, namely: Board Regulation No. 4, Series of 2008 and Board Regulation No. 5, Series of 2013, were recently revised to strengthen the implementation of R.A. 9165 and to consolidate the regulatory authorities of the HFSRB and the CHDs in accrediting both DATRC and Drug Rehabilitation Practitioners. Hence, Board Regulation No. 1, Series of 2019, titled "Implementing Rules and Regulations Governing the Accreditation of Drug Rehabilitation Practitioners," and Board Regulation No. 2, Series of 2019, titled "Implementing Rules and Regulations Governing the Accreditation of Drug Abuse Treatment and Rehabilitation Center" were issued, mandating the DOH through the HFSRB and the Regulation Licensing and Enforcement Division (RLED) of the Centers for Health Development (CHDs), to issue the Certificate of Accreditation to Physicians and Other Rehabilitation Practitioners and DATRC in accordance with personnel complement, physical plant, equipment/instrument and service capability.

II. OBJECTIVE

This Order aims to prescribe complementary guidelines in the accreditation of DATRC and Drug Rehabilitation Practitioners that specifically aims to:

1. specify the roles and responsibilities of the HFSRB and CHD through RLEDs in the accreditation of DATRC and Drug Rehabilitation Practitioners

2. identify authorizations that shall be issued by HFSRB and CHDs

III. SCOPE AND COVERAGE

This Order shall apply to DOH-HFSRB, CHDs through RLED, all DATRC and Drug Rehabilitation practitioners nationwide.

IV. DEFINITION OF TERMS

1. Accreditation — refers to a formal authorization issued by the DOH to and individual, partnership, corporation or association seeking to operate and maintain a DATRC or to an individual, as drug rehabilitation practitioner, after meeting the requirements prescribed under this Order.

2. Drug Abuse and Treatment Rehabilitation Center — refers to a health facility which undertakes treatment, aftercare and follow up program of drug dependents. It includes institutions, agencies and the like whose purposes are: the development of skills, arts and technical know-how, counseling and/or inculcating civic, social and moral values to drug dependent patients, with the aim of weaning them away from dangerous drugs and keeping them drug-free, adapted to their families and peers and readjusted into the community as law abiding, useful and productive citizens (DDB Board Regulation No. 2, Series of 2019).

3. Drug Rehabilitation Practitioner — refers to a person working for the treatment and rehabilitation, aftercare and follow-up of people who use drugs and also provides behavioral interventions and services to drug dependents.

4. Provisional Accreditation — refers to the temporary authorization issued by the CHD through RLED to a physician to conduct screening and assessment of a drug dependent.

V. GENERAL GUIDELINES

1. All DATRC and drug rehabilitation practitioner shall be accredited by HFSRB and CHD through its RLED.

2. Imposition of sanctions on violations committed by DATRCs, physicians, or other drug rehabilitation practitioners, as well as the revocation of Certificate of Accreditation (COA),shall be carried out by the office that issued the COA.

VI. SPECIFIC GUIDELINES

The following define the roles and responsibilities of HFSRB and CHDs:

A. Health Facilities and Services Regulatory Bureau shall:

1. Set standards for accreditation of DATRC and Drug Rehabilitation Practitioners in close coordination with DDB and DDAPTP

2. Issue the following authorizations:

a. Permit to Construct of all new DATRC

b. Initial Certificate of Accreditation to DATRC

c. Initial Certificate of Accreditation for the Full Accreditation of Physicians

d. Initial Certificate of Accreditation of Other Drug Rehabilitation Practitioners such as Psychologists, Psychometrician, Social Workers, Nurses, etc.

3. Conduct monitoring visits to accredited facilities

4. Conduct surveillance to facilities that are operating without accreditation

B. Center for Health Development through Regulation Licensing and Enforcement Division shall:

1. Issue the following authorizations in their respective regions:

a. Permit to construct for expansion or renovation of existing accredited DATRC

b. Renewal Certificate of Accreditation to DATRC

c. Provisional Accreditation of Physicians

d. Renewal Certificate of Accreditation of Fully Accredited Physicians aScITE

e. Renewal Certificate of Accreditation of Other Drug Rehabilitation Practitioners

2. Conduct monitoring visits to accredited DATRC within their respective regions and furnish HFSRB with a report of its findings annually

3. Conduct surveillance to facilities within their respective regions that are operating without accreditation

C. Imposition of sanctions on violations committed by DATRCs, physicians, or other drug rehabilitation practitioners, as well as the revocation of COA, shall be carried out by the office that issued the COAs.

VI. n TRANSITORY PROVISION

For transitory purposes, application for (1) permit to construct and (2) renewal of COA of DATRCs and drug rehabilitation practitioners within CY 2019-2020 shall be filed with the HFSRB. For the succeeding years, roles of the HFSRB and the CHD-RLEDs, as mandated by this Order, shall be followed.

VII. SEPARABILITY

In the event that any provision or part of this Order be declared unauthorized or rendered invalid by any court of law or competent authority, those provisions not affected by such declaration shall remain valid and effective.

VII. REPEALING CLAUSE

Administrative Order No. 2014-0036, and other administrative orders and previous issuances that are inconsistent with or contrary to the provisions of this Order are hereby rescinded or modified accordingly.

VIII. EFFECTIVITY

These rules and regulations shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

(SGD.) FRANCISCO T. DUQUE III, MD, MScSecretary of Health

n Note from the Publisher: Copied verbatim from the official copy.