Policy and basis for prohibition
- The Dangerous Drugs Board classifies Nalbuphine and related chemical forms as Prohibited Drugs after evaluation.
- The regulation treats the listed substances as having the capacity to produce dependency and as likely to be abused, creating a public health and social problem.
- The regulation covers substances that are identified as the specified drug and its chemical variants that have the same or similar psychologic and/or physiologic effects as the parent drug.
Defined substances and covered forms
- The regulation classifies Nalbuphine identified by the INTERNATIONAL NON-PROPRIETARY NAME (INN) as a Prohibited Drug.
- The regulation identifies Nalbuphine by its chemical name: 17-Cyclobutylmethyl-7,8- dihydro-14 hydroxy-17-normorphine.
- The regulation identifies the brand name Nubain for the covered substance.
- The regulation also classifies as Prohibited Drugs:
- The substance’s salts,
- Isomers, and
- Salts of isomers (including optical, position, or geometric isomers),
- When the variants fall within the specific chemical designation by whatever official name, common or usual name, or brand name, and have the same or similar psychologic and/or physiologic effects as the parent drug.
Classification as Prohibited Drugs
- The regulation declares that the above-defined substances are Prohibited Drugs under Section 1.
- Classification under Section 1 applies to Nalbuphine together with its salts, isomers, and salts of isomers under the chemical designation and effect criteria.
Importation and recordkeeping requirements
- Importers must secure an import certificate prior to each importation under Section 2.1.
- Upon arrival of the importation, importers must comply with other pertinent requirements of the Dangerous Drugs Board under Board Regulation No. 3-A, s. 1983 (on procedure for importers of dangerous drugs and exempt preparations upon arrival in the Philippines).
- Importers must record importation, distribution, and sale in the Dangerous Drugs Record Book under Section 2.2.
- The Dangerous Drugs Record Book must be registered prior to use.
Sample distribution prohibition
- The regulation prohibits the distribution of the covered substances as samples to physicians under Section 3.
- The regulation likewise prohibits distribution as samples to the general public under Section 3.
Advertising limitations
- The regulation allows advertising of the covered substances only in scientific journals under Section 4.
- Advertising is limited to prescribing practitioners under Section 4.
- Advertising to the general public is prohibited under Section 4.
Sanctions and interplay with criminal prosecution
- The regulation provides that any violation is penalized with administrative sanctions under Section 5.
- The imposition of administrative sanctions is without prejudice to criminal prosecution.
- Criminal prosecution may proceed under Articles II and IV of Republic Act No. 6425, as amended, if warranted.
Legal effect and adoption
- The regulation is adopted May 20, 1993 by the Chairman signed as JUAN M. FLAVIER, and identified as Chairman / Secretary of Health.
- The operative restrictions and requirements take effect only after the publication and 15-day rule stated in Section 6.