Title
LTO Drug Testing Rules for Drivers
Law
Lto Memorandum Circular No. Bgc-mc-99278
Decision Date
May 14, 1999
The LTO Memorandum Circular establishes guidelines for the accreditation and operation of drug testing laboratories for professional driver's license applicants, ensuring road safety by prohibiting those with drug dependencies from obtaining licenses.
A

Key Definitions

  • Drug: Specifically Methamphetamine (shabu) and Cannabinoids (marijuana).
  • Drug-test: Laboratory chemical, biological, or physical analysis determining drug presence.
  • Methamphetamine (Shabu): Illegal synthetic amphetamines in forms such as chunks and ice.
  • Cannabinoids (Marijuana): Narcotic hemp plant leaves smoked in cigarettes.
  • LTO: Land Transportation Office.
  • NCR: National Capital Region.
  • Application Fee: Fee collected upon filing for accreditation.
  • Accreditation Permit: Authorization by the Dangerous Drugs Board (DDB) and LTO to transact drug testing.
  • DDB: Dangerous Drugs Board.
  • Chain of Custody: Laboratory procedure ensuring sample integrity and identification from collection to final disposition.

Laboratory Classification for Drug Testing

  • Class A: Full competence for qualitative and quantitative examinations with all necessary instruments.
  • Class B: Competent for qualitative and quantitative examinations but uses sophisticated equipment other than GC-MS.
  • Class C: Performs qualitative examinations; requires collaboration with Class A or B for positive confirmation.
  • Class D: Preliminary examinations with collaboration for confirmation; uses equipment like EMIT, RIA, FPIA.

Procedure for Laboratory Accreditation

  • Submit application form with required documents and pay application fee at LTO office (Central or Regional depending on location).
  • Committee on Accreditation evaluates, inspects, and recommends approval or disapproval.
  • Committee duties: monitor compliance, interpret requirements, conduct inspections, and other assigned functions.
  • LTO Assistant Secretary approves and issues Accreditation Permit upon satisfaction; accreditation fee collected.
  • Renewal processed annually with submission of previous permit, payment receipt, and valid mayor’s permit.

Documentary Requirements for Accreditation

  • DDB Certificate of Accreditation signed by appropriate authorities per laboratory class.
  • DDB certification authorizing laboratory director/physician to conduct drug testing.
  • Certification of licensed physician and certified laboratory medical technologist.
  • Chain of custody forms and procedures.
  • Business registration documents (DTI for sole proprietorship; SEC for corporations/partnerships).
  • Valid mayor’s permit and relevant tax documents (TIN, income tax returns).
  • Social Security System business membership certificate.
  • Specimen signatures of accredited staff authorized to sign test certificates.

Additional Technical Requirements

  • Must comply with DDB accreditation standards.
  • Submit specimen signatures of authorized personnel.
  • Certificates issued on security paper with anti-fake markings.

Reporting System

  • Accredited laboratory physicians must submit periodic reports of drug test results to LTO Central or Regional Offices.
  • Reports must specify drugs tested (Methamphetamine or Cannabinoids) and result (positive/negative).
  • Test results are confidential.

Interpretation of Drug Test Results

  • Results may be printed individually or collectively on official forms with seal.
  • Positive results must be confirmed by PNP Crime Laboratory or DDB within 15 days.
  • Upon confirmation, positive individuals undergo clinical evaluation by DDB-accredited physician for proper management.

Fee Structure

  • Fees for accreditation, late renewal penalties, and administrative fines are governed by the Department Order on Fees and Charges.

Validity of Accreditation

  • Accreditation Permit is valid for one (1) year from issuance and is renewable annually.

Penal Provisions

  • First offense: Administrative fine imposed on accredited laboratory director/physician.
  • Second offense: One-year suspension of Accreditation Permit.
  • Third offense: Cancellation of Accreditation Permit.
  • Violations include false reporting, non-compliance with standards, and misrepresentation.
  • Operation without accreditation or without application subjects entity to penalties and denial of transactions with LTO.

Supersession and Compliance

  • Previous conflicting orders or memoranda are superseded by this memorandum.
  • Strict compliance mandated for all concerned parties.

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