Policies, Guidelines and Procedures for Higher Education Institutions (HEIs) Requiring Drug Testing of Students

August 2, 2017

CHED MEMORANDUM ORDER NO. 064-17

 

In accordance with the pertinent provisions of Republic Act (R.A.) No. 7722 otherwise known as the "Higher Education Act of 1994" and R.A. No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002," and in support of the government's call on the "war against illegal/dangerous drugs," and by virtue of Commission en Banc Resolution No. 539-2017 dated 18 July 2017, the Commission hereby issues, adopts and promulgates the policies, guidelines and procedures for Higher Education Institutions (HEIs) requiring drug testing of students.

ARTICLE I

Rationale and Background

SECTION 1.

The drug problem in the Philippines continues to remain a serious national concern that permeates both the public and private sectors not only as a security issue, but also as a health concern that affects the social, emotional, psychological, as well as the economic well-being of the citizenry.

The Philippine Government recognizes the primary responsibilities of the family particularly the parents for the education and awareness of its members of the ill-effects of dangerous drugs. Thus, all HEIs are enjoined to adopt a strong policy on drug prevention on campus and among the youth; and to employ all means necessary and reasonable to ensure a healthy and drug-free school environment.

All HEIs, in the exercise of its academic freedom, are strongly encouraged to adopt mandatory drug testing as part of the institutional requirements of their admission and retention policies. AScHCD

ARTICLE II

Statement of Policies

SECTION 2. The State recognizes the primary responsibility of the family, particularly the parents for the education and awareness of its members of the ill effects of dangerous drugs;

2.1. It is a government policy to foster, at all times, a spirit of shared purposes and cooperation among the members and elements of the educational community, and between the community and other sectors of society, in the realization that only in such an atmosphere can be true goals and objectives of education be fulfilled.

2.2. The Commission on Higher Education (CHED), as part of its mandate, has the duty to continuously monitor and evaluate the effectiveness of the overall impact of the dangerous drug abuse prevention program through their respective regional/field offices and enlist the assistance of any government agency or instrumentality to carry out the objectives of the education program.

2.3. The HEIs shall have mechanisms to promote healthy lifestyle such as but not limited to healthy diet, physical activities and no smoking and drinking environment of alcoholic beverages and substance abuse; and provide healthy environment not only inside the campus but also outside school premises as stipulated in CHED Memorandum Order (CMO) No. 09, s. 2013.

2.4. The State recognizes the academic freedom of all institutions of higher learning which includes the freedom and authority to adopt its own student admission and retention policies including a mandatory drug testing of students as part of its institutional requirements.

(a) In keeping with the guaranteed rights on academic freedom of HEIs, Local Government Units (LGUs), the Philippine National Police (PNP), or any other law enforcement agency may carry out any drug-related operation within the school premises but only upon prior written approval and coordination with the HEI.

2.5. The State also recognizes the complementary roles of public and private institutions in the educational system especially in the acquisition of the essential educational foundation of an individual's development into a productive and versatile citizen. In this light, the HEIs are also partners of the government in carrying out the responsibility to provide life skills and values to their students. The strong partnership of the government and the HEIs are always for the welfare and interest of the students especially in providing the appropriate intervention to drug-afflicted students. Thus, treating the students and preventing them from further addiction and protecting their whole well-being are a primordial concern. HESIcT

2.6. While the drug test under Sec. 36 (c), (d) and (f) of R.A. 9165 for secondary and tertiary level students is mandatory to all schools, the actual testing shall be random.

2.7. The random drug testing under DDB Board Regulation No. 6, s. 2003 and No. 3, s. 2009 shall: ensure that it is implemented primarily for prevention and rehabilitation; and guarantee and respect the personal privacy and dignity of the students. The drug test results shall be treated with utmost confidentiality and not be used in any criminal proceedings.

ARTICLE III

Objectives

SECTION 3. These policies, guidelines and procedures specifically aim to:

3.1 promote a "drug-free" campus and further the legitimate interest of the government in preventing and deterring drug use among the youth;

3.2 instill in the minds of the students that dangerous drugs not only interfere with their ability to learn but it can also disrupt the teaching environment and affecting other students as well;

3.3 strengthen the collaboration efforts of identified agencies (Dangerous Drugs Board (DDB), Department of Health (DOH), Philippine National Police (PNP), Philippine Drug Enforcement Agency (PDEA) against the use of illegal drugs and in the treatment of dangerous drug users and dependents; AcICHD

3.4 establish a stronger partnership between the government and the HEIs in providing programs and activities intended to facilitate the holistic and well-rounded student development and enabling the practice of healthy lifestyle; and

3.5 ensure that the drug testing policies of HEIs are reasonable and guarantee that the fundamental rights of students are protected.

ARTICLE IV

Scope and Coverage

SECTION 4. These policies, guidelines and procedures in the adoption of drug testing policy as a requirement for students shall apply to all HEIs.

ARTICLE V

Definition of Terms

SECTION 5. For the purpose of these guidelines, the following terms are defined as follows:

5.1 Accreditation — refers to the formal authorization issued by the DOH to an individual, partnership, corporation or association which has complied with all licensing requirements (input/structural standards) and accreditation requirements (process standards and outcome/output impact standards) as prescribed in the Manual of Operations for Drug Testing Laboratories issued by the DOH.

5.2 Confirmatory drug test — refers to an analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. It refers to the second or further analytical procedure to more accurately determine the presence of dangerous drugs in a specimen, which shall likewise be done by any government laboratory or by privately owned and operated drug testing laboratories accredited and monitored by the DOH having confirmatory test capabilities.

5.3 Current students — refer to existing and currently enrolled students in an authorized higher education institution.

5.4 Dangerous drugs — include those identified and listed in R.A. 9165 or "Comprehensive Dangerous Drugs Act of 2002" and its annexes, subject to any reclassification, addition or removal of any drug from said list by the Dangerous Drugs Board, in accordance with Section 93 of R.A. No. 9165.

5.5 DOH-accredited physician — refers to a physician with background experience on psychological/behavioral medicine whose application has been approved and duly authorized by the DOH to conduct dependency examination and treatment on persons believed to be using dangerous drugs. caITAC

5.6 Drug abuser — refers to a person who uses or administers to himself or allows others to administer dangerous drugs to himself without medical approval. He belongs to any of the three categories:

• The Experimenter — one who, out of curiosity, uses or administers to himself or allows others to administer to him dangerous drugs once or a few times;

• The Casual user — one who, from time to time, uses or administers or allows others to administer to him dangerous drugs in an attempt to refresh his mind and body or as a form of play, amusement or relaxation; and

• The Drug dependent — one who regularly consumes or administers or allows others to administer to him dangerous drugs and has acquired a marked psychological and/or physical dependence on the drugs which has gone beyond a state of voluntary control.

5.7 Drug dependency — refers to a state of psychological and/or physical dependence on drugs arising in a person following the administration or use of the drug on a periodic and continuous basis.

5.8 Drug dependency examination — refers to a procedure conducted by a DOH-accredited physician to evaluate the extent of drug abuse of a person and to determine whether he/she is a drug dependent or not, which includes history taking, intake interview, determination of the criteria for drug dependency, mental and physical status and the detection of dangerous drugs in body specimens through laboratory procedures.

5.9 Drug dependent — refers to a person who regularly consumes or administers or allows others to administer to him dangerous drugs and has acquired a marked psychological and/or physical dependence on the drugs which has gone beyond a state of voluntary control.

5.10 "Drug-free" campus — refers to the declaration of the government to the HEI as clear of drugs that has been subjected to the conduct of the drug testing and with the following parameters, among others: TAIaHE

• Non-availability of drug supply;

• Absence of drug user/dependent;

• Absence of drug pusher; and

• Existence of drug awareness, preventive education and information, and other related programs.

5.11 Drug testing — the process undertaken to determine the presence of dangerous drugs in a person's system, to include both screening test and confirmatory test.

5.12 Drug Testing Coordinator — refers to the point person, duly appointed by the head of the HEI tasked with handling drug testing program.

5.13 Higher Education Institutions — refer to an institution of higher

learning primarily offering bachelor and advanced degree programs.

5.14 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 of the individual or family level and structured rehabilitation programs. It may also include medical intervention of the afflicted student whenever necessary. Four (4) major modalities of intervention that can be given, as established by the Department of Health (DOH) are: (1) in-patient, (2) out-patient, (3) recover homes/half-way houses, and (4) community-based interventions.

5.15 Laboratory — refers to a private or government facility that is capable of testing a specimen to determine the presence of dangerous drugs therein.

5.16 Mandatory drug testing — refers to compulsory submission of a student for drug testing as required by R.A. 9165.

5.17 Prevention — is the promotion of drug-free lifestyle thru strategies such as advocacy, information, dissemination, and capability building through training. ICHDca

5.18 Random drug test — refers to unannounced schedule of testing with each student having an equal chance of being selected for testing.

5.19 Random selection — refers to the unbiased process of selecting students who are to undergo drug testing.

5.20 Screening drug test — refers to a rapid test performed to establish potential or presumptive positive result. It refers to the immunoassay test to eliminate a "negative" specimen, i.e., one without the presence of dangerous drugs from further consideration and to identify the presumptively positive specimen that requires confirmatory test.

5.21 Student-Applicants — refer to students who are applying for admission to a higher education institution either as freshman or a transferee of an authorized higher education institution (HEI).

5.22 Tertiary Education — refers to the stage of education following the secondary cycle which subsumes post-secondary non-degree diploma, TVET and Higher Education programs, including graduate education.

ARTICLE VI

Mandatory Random Drug Testing Program in All HEIs

SECTION 6. Pursuant to Section 32 of R.A. 9165, all HEIs are mandated to implement the random drug testing program under DDB Board Regulation No. 6, s. 2003 and No. 3, s. 2009 titled "General Guidelines for the Conduct of Random Drug Testing for Secondary and Tertiary Student," and "General Guidelines for the Conduct of Random Drug Testing for Students of Secondary, Tertiary, Vocational and Technical Schools, Amending Board Regulation No. 6, s. 2003," respectively.

SECTION 7. The provisions of DDB Board Regulation No. 6, s. 2003 and No. 3, s. 2009 titled "General Guidelines for the Conduct of Random Drug Testing for Secondary and Tertiary Student," and "General Guidelines for the Conduct of Random Drug Testing for Students of Secondary, Tertiary, Vocational and Technical Schools, Amending Board Regulation No. 6, s. 2003," is hereby adopted to supplement all HEI rules and regulations and these policies, guidelines and procedures in so far as they are consistent and relevant.

ARTICLE VII

Mandatory Drug Testing of Students in HEIs

SECTION 8. While R.A. 9165 mandates random drug testing of secondary and tertiary students, HEIs are not precluded from implementing a mandatory drug testing of students in the valid exercise of its academic freedom, subject to the policies, guidelines and procedures set forth in this Memorandum Order and other governing laws. cDHAES

SECTION 9. Institutional Policy. — All HEIs implementing a mandatory drug testing of students must be able to show that it has the approval of its Board of Trustees/Directors/Regents and has gone through the necessary student consultation process.

SECTION 10. Consultation Process. — All HEIs intending to implement a mandatory drug testing of students as part of its policy for admission and/or retention of students, shall conduct prior student consultation.

SECTION 11. In the absence of a student council/government in an HEI, representatives of not more than ten (10) shall be selected by the HEI from the recognized student organizations to participate in the consultation.

SECTION 12. The HEIs shall present at the consultation, the draft of the policy requiring mandatory drug testing of students.

SECTION 13. Consultation Period. — The consultation must be completed not later than end of February of the academic year preceding the AY that the intended mandatory testing will be implemented.

SECTION 14. Only DOH-accredited drug facility, physician or private medical practitioners shall conduct the necessary drug testing. If the HEI does not have an accredited clinic, the HEI should partner with a DOH-accredited drug facility, physician or private medical practitioners duly accredited to administer drug testing.

SECTION 15. Mandatory Drug Testing as a Requirement for Admission. — All HEIs, in the exercise of its academic freedom, may implement as part of the requirements for admission, a mandatory drug testing of student applicants subject to its rules and regulations made known to the student-applicant at the time of application. If found positive with confirmatory, the HEI shall not be precluded from admitting the student-applicant subject to its rules and regulations.

SECTION 16. Mandatory Drug Testing as a Requirement for Retention. — All HEIs in the exercise of its academic freedom, may implement as part of the requirements for retention, a mandatory drug testing of its current students, provided that:

16.1. The mandatory drug testing shall be conducted in the same manner as the random drug testing under DDB Board Regulation No. 6, s. 2003 and No. 3, s. 2009;

16.2. In case the test result is positive, the Drug Testing Coordinator shall inform both the parent and the student concerned that a confirmatory test shall be conducted;

16.3. The HEI Drug Testing Coordinator shall conduct a conference with the parent and student where the information and process of the confirmatory test shall be discussed; TCAScE

16.4. If the confirmatory test yielded positive result, the same shall not be a basis for disciplinary action unless the said student is held liable for some other violations of the Student Handbook after due process; and

16.5. If the student is found to be drug dependent, the appropriate sanction, intervention, and/or rehabilitation shall be imposed on the student as may be provided in the Student Handbook and other school policies.

ARTICLE VIII

Confidentiality Clause

SECTION 17. All HEIs shall guarantee the strict confidentiality and integrity of the drug test results and shall not publish or post results whether positive or negative.

17.1 All records must strictly be held confidential as provided for under the pertinent provisions of R.A. 9165. The HEIs should also ensure the provision of non-discriminatory intervention services.

17.2 The provisions of R.A. No. 10173 otherwise known as "Data Privacy Act of 2012" shall also be observed specifically Chapter III. "Processing of Personal Information" to protect vitally important interests of the data subject, including life and health.

ARTICLE IX

Sanctions

SECTION 18. In order to ensure compliance with this CMO, the Commission en Banc may, upon the recommendation of CHED Legal and Legislative Services, impose the appropriate sanctions depending on the nature and seriousness of the violation or non-compliance of the HEIs and students.

SECTION 19. Any faculty, administrator, or employee of the HEI who violates the rules of confidentiality of the results of the drug tests shall, in addition to the sanctions as may be provided by the school policy, be liable under Section 72 of R.A. No. 9165 and other appropriate laws.

SECTION 20. The refusal of the student to undergo mandatory drug testing shall be subject to the relevant sanctions as provided in the Student Handbook of the HEI, provided that in no case shall such refusal to undergo drug testing give rise to a presumption of drug use or dependency.

ARTICLE X

Monitoring and Evaluation

The implementation of this CMO shall be monitored and evaluated periodically to ensure that the goal of a "drug-free" campus is met.

SECTION 21. Higher Education Institutions (HEIs). —

21.1 All HEIs shall submit to CHED Regional Offices a compliance report on the drug testing activities conducted on their students. The data should include among others the number of students who have already undergone testing, the dates and names of the drug testing laboratories that conducted the test implementation of intervention program, if any.

21.2 The HEIs shall monitor the students especially in preventing them to engage in dangerous drug-related activities and those undergoing the appropriate interventions for the intention of treating and rehabilitating them. ASEcHI

21.3 A committee or assessment team may be tasked for this purpose.

21.3.1 Establishment of a Drug-Free Committee (DFC)

a. All HEIs shall establish a Drug-Free Committee (DFC) which shall formulate the HEI's drug testing program in accordance with the pertinent provisions of R.A. 9165. The program shall include, among others the drug education/awareness, prevention and control initiatives that will promote a "drug-free" campus.

b. The head of the HEI shall be the head of the DFC and shall duly appoint a drug testing coordinator (DTC) who shall handle the drug testing program.

c. The names and composition of the DFC shall be submitted to CHEDROs.

d. The DFC shall have the following responsibilities:

1. Compose the Selection board for the conduct of the drug testing with the DTC as the chairperson, one representative each from the students, faculty and parents as members.

2. Closely coordinate with identified partner agencies to access official list of DOH-accredited drug facilities, physicians or private medical practitioners duly accredited to administer drug testing shall conduct the necessary drug testing.

3. Always ensure the confidentiality and integrity of the drug test results and handles the reportorial requirements and any relevant information that is needed for submission to the respective CHEDRO.

4. Determine the level of preparedness of its institution in terms of the provision of interventions which depends on the results of the drug testing.

5. Closely coordinate with identified partner agencies to establish appropriate institution-level interventions and referrals.

6. Monitor the students especially in preventing them to engage in dangerous drug-related activities and those undergoing appropriate interventions for the intention of treating and rehabilitating them.

7. The DFC, including all Guidance Counselors of HEIs shall be trained for the purpose of enhancing their skills in handling drug abuse prevention programs and handling drug dependency cases.

ARTICLE XI

Reportorial Requirements

SECTION 22. The CHED Regional Offices shall prepare and submit annual reports to the Office of Student Development and Services (OSDS) through the Office of the Executive Director (OED) on the implementation of this CMO.

The CHEDROs may be required to submit reports anytime necessary, as deemed in the essence of urgency.

ARTICLE XII

Fee Requirement

SECTION 23. All fees shall be authorized based on CHED, DOH and DDB rules and regulations.

SECTION 24. For student applicants, the fee for drug testing will be borne by the student-applicant. The student-applicant may choose to be tested in any DOH-accredited drug facility or in the DOH-accredited drug facility of the HEI, if any, the fee of which shall be paid directly by the student-applicant to the facility.

SECTION 25. For students subject of random drug testing, as per Article III, Section 36 (c) of R.A. 9165, the testing expenses whether in public or private schools will be supported by the government, subject to the usual government rules in accounting and auditing.

SECTION 26. The fees for implementation of a mandatory drug testing of students in HEIs shall be part of the miscellaneous and other fees charged subject to existing consultation and other requirements of the Commission for enforceability and collectability of fees.

SECTION 27. If DOH will accredit the HEI's clinic, CHED will allow the HEI to determine the permissible rate for the drug testing fee, ensuing the prescribed drug test fee for government-owned and private drug testing laboratories accredited by the Department of Health, per DDB Regulation No. 01, s. 2004 entitled "Prescribed Drug Test Fee for Government-Owned and Private Drug Testing Laboratories Accredited by the Department of Health" and DDB Regulation No. 09, s. 2007 "Amending Board Regulation No. 01, s. 2004." cTDaEH

ARTICLE XIII

Effectivity

SECTION 28. This set of policies, standards and guidelines shall be implemented effective Academic Year (AY) 2018-2019 and shall take effect fifteen (15) days from publication in a newspaper of general circulation or in the Official Gazette.

ARTICLE XIV

Transitory Provision

SECTION 29. All HEIs currently implementing a mandatory drug testing as part of its admission and/or retention policy shall be required to comply with the relevant provisions of this CMO on mandatory drug testing effective AY 2018-2019.

SECTION 30. All HEIs shall be encouraged to train their physicians and guidance counselors; prepare for accreditation of their clinics, if necessary; and rigidly campaign for advocacy of programs for drug education, prevention and control.

Issued this August 2, 2017, Quezon City, Philippines.

For the Commission:

(SGD.) PATRICIA B. LICUANAN, Ph.D.Chairperson