Legal basis and policy intent
- The circular is issued pursuant to Administrative Order No. BGC-AO-001 and Republic Act No. 4136 as amended by Batas Pambansa Blg. 398, focusing on the licensing application requirement and medical disqualification rules tied to road safety.
- Republic Act No. 4136 (as amended by Batas Pambansa Blg. 398, Section 22) provides that no person shall be issued a professional driver’s license if suffering from contagious diseases such as tuberculosis, sexually transmitted disease, and epilepsy, or if an alcohol or drug addict or dependent.
- The circular directs that drug-testing rules shall be observed in the licensing framework for professional driver’s license holders/applicants.
Definitions for drug testing
- “Drug” refers to Methamphetamine (shabu) and Cannabinoids (marijuana).
- “Drug test” means any chemical, biological, or physical instrument analysis administered by a laboratory to determine the presence or absence of a drug or its metabolite.
- “Methamphetamine (Shabu)” refers to synthetic amphetamines or stimulants produced and sold illegally in pill form, capsules, powder, and chunks, including chunks and ice.
- “Cannabinoids” refer to a hemp-like plant whose leaves are smoked in cigarettes as a narcotic.
- “LTO” refers to the Land Transportation Office.
- “NCR” refers to the National Capital Region.
- “Application Fee” means the amount collected upon filing an application for accreditation.
- “Accreditation Permit” means the authority granted by the Dangerous Drugs Board (DDB) and LTO to transact business relative to drug testing.
- “DDB” refers to the Dangerous Drugs Board.
- “Chain of Custody” refers to the laboratory procedure for handling specimens to ensure specimen identification and integrity, tracking handling and storage from collection to final disposition.
Coverage: accredited laboratories and driver testing
- The circular applies to drug testing laboratories seeking accreditation/authorization to conduct drug testing connected to the LTO drug testing program for professional driver’s license holders/applicants.
- Drug screening (Class C) is required to be located within a 100–200 meter radius from the LTO Licensing Office for the convenience of the driver applying/renewing for a professional license.
- Participants to the LTO-Drug Testing Program must set up their own confirmatory laboratory and must put up drug screening centers in all LTO Licensing Centers nationwide, not only in a selected or chosen area.
- Those found positive of drugs abuse in the screening test are automatically subjected to confirmatory testing using the same urine specimen.
- Confirmatory testing costs are shouldered by the Drug Screening Testing Center concerned when the confirmatory test is sent to a private confirmatory laboratory.
Accreditation: classes, application, and approvals
- LTO adopts the laboratory classification of the DDB:
- Class A laboratories are capable of screening, confirmatory tests, and quantitative examinations of dangerous drugs in body fluids, and must have all necessary analytical instruments, equipment, glasswares, materials, and reagents.
- Class B laboratories are capable of screening and confirmatory tests and must collaborate with a licensed Class A private or government laboratory for further confirmatory tests if necessary.
- Class C laboratories are capable of screening examinations and must collaborate with a Class A or B laboratory to confirm positive findings if necessary, and must have the necessary instruments, equipment, glasswares, reagents, and materials for analysis and identification.
- Application for accreditation is open to applicants for Drug Screening Test, provided a private or government Class A or B confirmatory laboratory is already set up by the applicant.
- Applicants must submit:
- A duly accomplished application form, and
- Documentary requirements for accreditation/authorization to the LTO Committee on Accreditation of Drug Testing Laboratories.
- For processing locations:
- In NCR, applications are filed at the Medical Unit, LTO Central Office, East Avenue, Quezon City for evaluation, inspection, and recommendation.
- In other regions, applications are filed at the LTO Regional Office where the laboratory operates.
- Regional Offices are directed to conduct ocular inspection of the laboratory in accordance with DDB and LTO requirements for evaluation and subsequent recommendation to the LTO Central Office Committee on Accreditation.
- The LTO Committee on Accreditation is created with duties to:
- Evaluate applications and conduct ocular inspections, then recommend approval or disapproval to the LTO Assistant Secretary based on evaluation.
- Ensure laboratories operate at all times under the terms and conditions of registration and accreditation.
- Provide proper interpretation of specific requirements governing laboratory operations.
- Ensure technical demands of laboratory work are met.
- Conduct surprise/periodic inspection of accredited laboratories to ensure effectiveness.
- Perform other duties assigned to it.
- The LTO Assistant Secretary may approve the application and issue an accreditation permit or disapprove it.
- Upon approval, an accreditation fee is collected.
Renewal of accreditation: permits and conditions
- Renewal of accreditation is filed, processed, and approved at the LTO Central Office subject to the fees in Section VIII or fees the LTO may adopt from time to time.
- The medical unit of the LTO Central Office requests from the DDB an updated list of accredited laboratories.
- The applicant must present its latest accreditation permit and the corresponding official receipt to the LTO Central Office.
- For renewed accreditation, the accredited laboratory must submit a valid and appropriate mayor’s permit.
Documentation, technical standards, and reporting
- For accreditation/authorization, applicants must submit the following documents:
- A Certificate of Accreditation from DDB, duly signed by the Executive Director of the Board and the Chairman of the Accreditation Committee.
- Certification from DDB authorizing the laboratory director/physician to conduct drug testing.
- Certification from DDB to a certified physician.
- A license of the laboratory director from the Professional Regulation Commission as a medical doctor or doctor of osteopathy.
- A certificate of training of the licensed Medical Technologist provided by the company supplying the machine.
- Samples of chain of custody forms and procedures.
- Certificate of Business Name Registration from the DTI if the applicant is a single proprietorship.
- SEC Certificate of Registration, Articles of Incorporation, and By-laws if the applicant is a corporation or partnership.
- Valid and appropriate mayor’s permit.
- TIN from the BIR if the business has been operating for less than one year.
- Latest Income Tax Return.
- Certificate of business membership with the Social Security System (SSS).
- Specimen signatures of accredited physicians and Medical Technologists authorized to sign certificates.
- A schematic floor plan of the laboratory showing its size and the location of testing equipment.
- Technical requirements include:
- Laboratories must meet DDB requirements for accreditation, and LTO requires additional items:
- Specimen signatures of authorized certified signatories; and
- Certificates made of security paper with security markings to prevent faking of certificates.
- Laboratories must meet DDB requirements for accreditation, and LTO requires additional items:
- Reporting is required for accredited laboratories:
- Accredited laboratory managers must submit periodic reports on drug test results to the Central Office or LTO Regional Offices, as applicable.
- Reports must identify the drug tested (Methamphetamine or Cannabinoids) and whether results are positive or negative.
- Test results must be treated as confidential.
Interpretation of test results and clinical evaluation
- Drug test results are printed individually or altogether in one official form with a seal.
- If screening/initial testing is positive, the subject samples are sent to the concerned screening center’s Class A Confirmatory Laboratory for confirmation at no cost to the driver.
- A driver found positive may request that the sample be sent to DDB, NBI, or PNP Crime Laboratory, with the cost shouldered by the driver.
- The requested subject sample must be submitted within fifteen (15) days after collection.
- After confirmation by the Class A Confirmatory Laboratory or DDB, PNP Crime Laboratory, or NBI, the concerned accredited physician must subject positive individuals to clinical evaluation as a basis for appropriate management.
Fees, permit validity, and administrative penalties
- Fees include:
- A filing fee of PHP 500.00 upon filing an application for accreditation.
- Accreditation Fee amounts:
- PHP 2,500 for Class A,
- PHP 2,000 for Class B, and
- PHP 1,500 for Class C.
- Accreditation permits have a defined validity period:
- An accreditation permit approved and granted by the Assistant Secretary of LTO is valid for one (1) year, covering January 1 to December 31 of any given year.
- An original permit issued within the validity period is valid only up to December 31 of that given year.
- Renewal must be filed on or before the last working day of the year, and the renewal permit is valid for the next succeeding year.
- Administrative penalties against the accredited laboratory director/physician are imposed for specified violations and are scaled by offense count:
- For the first offense:
- PHP 10,000 fine for Class A and Class B, and PHP 5,000 fine for Class C.
- One (1) year suspension is imposed.
- For the second offense:
- PHP 15,000 fine for Class A and Class B, and PHP 10,000 fine for Class C.
- For the third offense:
- Cancellation of the accreditation permit.
- For the first offense:
- Violations that trigger penalties include:
- Submission of anomalous report as required by law and regulations.
- Non-compliance with standard requirements under the rules and with other laws and implementing rules and regulations.
- Misrepresentation in the application filing and/or in laboratory operations.
- Entities operating without accreditation are penalized/denied transactions:
- Any person, firm, partnership, or corporation found operating as an accredited laboratory on LTO drug tests without an accreditation permit is penalized and/or denied transactions with LTO.
Performance bond and supersession
- Accredited drug testing laboratories must post performance bonds as follows:
- Class A and Class B laboratories must post a bond of PHP 300,000 in cash or surety.
- Class C laboratories must post a bond of PHP 100,000 to answer for damages LTO might suffer from failure to comply with obligations.
- All previous orders/memoranda and other issuances in conflict with the circular are superseded.