Law Summary
Definitions of Key Terms
- Drug: Includes Methamphetamine (shabu) and Cannabinoids (marijuana).
- Drug Test: Laboratory analysis to detect presence of drugs or metabolites.
- Methamphetamine: Illegal stimulant in forms like pills, capsules, powder, and chunks (shabu, ice).
- Cannabinoids: Narcotic from hemp-like plant.
- LTO, NCR, DDB: Identified as Land Transportation Office, National Capital Region, and Dangerous Drugs Board respectively.
- Application Fee and Accreditation Permit: Fee for filing application and authority granted for drug testing operations.
- Chain of Custody: Procedure ensuring specimen integrity from collection to final disposition.
Classification and Accreditation of Drug Testing Laboratories
- Class A Labs: Fully equipped for screening, confirmatory, and quantitative tests.
- Class B Labs: Can perform screening and confirmatory tests; must collaborate with Class A labs for confirmatory testing.
- Class C Labs: Perform screening only; must collaborate with Class A or B labs for confirmation.
- Application Process: Submission of forms and documents to LTO Committee on Accreditation, proximity requirements for screening centers, and the necessity of confirmatory labs.
- Application and Accreditation Fees apply.
- Location for application differs between NCR (LTO Central Office) and other regions (LTO Regional Offices).
- Committee on Accreditation’s duties include evaluation, inspection, monitoring, interpretation, and surprise checks.
- Accreditation approved or disapproved by LTO Assistant Secretary.
Renewal of Accreditation
- Renewal processed at the LTO Central Office with required fees.
- Submission of current accreditation permit and mayor’s permit is mandatory.
- LTO Central Office coordinates with DDB for updated laboratory lists.
Documentary Requirements for Accreditation
- Include DDB accreditation certificates, licenses, training certificates, business permits, tax documents, specimen signatures, and schematic floor plans.
Technical Requirements and Security Measures
- Must comply with DDB requirements.
- Require specimen signatures of authorized personnel.
- Certificates must be printed on security paper with fraud-preventing features.
Reporting and Confidentiality
- Accredited labs must submit periodic drug test result reports to LTO offices.
- Reports must identify drugs tested and indicate positive or negative results.
- Test results are confidential.
Interpretation of Drug Test Results
- Official results must bear laboratory seal.
- Positive screening tests require free confirmatory testing by Class A labs.
- Drivers can request alternative confirmatory testing at own cost.
- Positive confirmed cases must undergo clinical evaluation by accredited physician.
Fee Structure
- Application filing fee: Php 500.
- Accreditation fees vary by lab class: Php 2,500 (Class A), Php 2,000 (Class B), Php 1,500 (Class C).
Validity and Renewal Period
- Accreditation permit valid one calendar year (Jan 1 - Dec 31).
- Renewal to be done before year-end.
Penal Provisions and Enforcement
- Penalties include fines and suspension for violations such as submission of false reports, non-compliance, and misrepresentation.
- First offense fines: Php 10,000 (Class A & B), Php 5,000 (Class C).
- Second offense: One-year suspension with higher fines.
- Third offense: Cancellation of accreditation permit.
- Unaccredited operation penalized and barred from LTO transactions.
Performance Bond Requirement
- Class A & B labs must post Php 300,000 bond (cash or surety).
- Class C labs must post Php 100,000 bond.
- Bond covers liabilities for damages from non-compliance.
Supersession and Compliance
- This memorandum supersedes all conflicting issuances.
- Strict compliance is mandated by the Committee on Accreditation and LTO Assistant Secretary.