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Seventeenth Congress
First Regular Session

HOUSE BILLNO. _4'769

Introduced by Representative Michelle M. Antonio

EXPLANATORY NOTE

This bill seeks to establish and institutionalize out-patient community-based drug
rehabilitation facilities in every province in the country.

The Philippine National Police estimated that there were 715,699 drug
personalities, most of whom were users, who voluntarily surrendered to the authorities
from July to September 20, 2016. While Republic Act No. 9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002,”provides that the Dangerous Drugs
Board shall support the establishment of government operated treatment and
rehabilitation centers, it only refers to in-patient rehabilitation facilities. As per data from
the 2015 United Nations World Drug Report, only 0.6 to 1% of substance abuse victims
who surrendered required in-patient care. Depending on the severity of their addiction,
the remaining 99% of drug dependents who surrendered can be accommodated by out-
patient treatment and rehabilitation facilities, the establishment of which is not provided
by law.

Given the huge number of surrendering drug personalities, it is essential that these
out-patient drug rehabilitation facilities be established in every province to enable
surrendering individuals to immediately avail themselves of the necessary medical
interventions.

‘This bill therefore seeks to refer qualified drug patients, who generally make up
the population of drug dependents who surrender to out-patient drug rehabilitation
facilities in their respective communities. It will effectively address the growing number
of victims of substance abuse who seek reintegration into the society as productive and
reformed individuals, while also de-clogging in-patient rehabilitation facilities to enable
them to accommodate clients with severe substance use disorder.

Given the foregoing, immediate passage of this bill is earnestly sought.

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~ gnenbeeLe M. ANTONIO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BIL L NO. 4769

Introduced by Representative Michelle M. Antonio

AN ACT
ESTABLISHING AND INSTITUTIONALIZING OUT-PATIENT DRUG
REHABILITATION FACILITIES IN EVERY PROVINCE OF THE
COUNTRY AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Provincial Out-Patient Drug Rehabilitation Centers.
— There shall be an out-patient drug rehabilitation facility in every province of
the country under the supervision of the Department of Health (DOH). Existing
government drug rehabilitation centers and treatment facilities offering out-

patient services shall be maintained.

SEC. 2. Objectives and Functions. ~ This Act aims to establish out-

patient community-based drug rehabilitation facil

ies and provide institutional
mechanisms for the treatment and rehabilitation of drug users or drug

dependents who voluntarily surrender to the authorities.

BC. 3. Definition of Terms. — As used in this Act:


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a. Rehabilitation refers to the processes of medical or
psychotherapeutic treatment, for dependence on psychoactive substances such
as alcohol, prescription and all prohibited drugs as defined in Republic Act No.
9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002:”

b. Treatment includes development of specific cognitive skills related
to thinking, understanding, learning and remembering that help the patient
adjust attitudes and beliefs that lead to drug abuse and crime; and

a Out-patient treatment refers to individual or group counseling
where drug user or drug dependent attend multiple sessions supervised by a
behavioral health counselor.

SEC. 4. Provincial Sites. — The Secretary of Health shall, in
coordination with the Secretary of Public Works and Highways, determine the
location of the rehabilitation centers, taking into consideration their
accessibility.

SEC.5. Organization. — The rehabilitation center shall be headed by
a director to be assisted by two (2) deputy directors who shall be appointed by
the Secretary of Health and vested with powers generally exercised by a chief
and assistant chiefs, respectively, of a government hospital.

SEC. 6. Qualifications. — No person shall be appointed director or
deputy director unless the appointee possesses the following qualifications:

a) At least thirty-five (35) years of age;

b) A physician of good reputation; and


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c) At least five (S) years experience in the care, treatment and
rehabilitation of drug dependents.

SEC.7. Personnel and Staff. — The director shall appoint such other
personnel and staff as may be necessary for the effective operation of the out-
patient rehabilitation center subject to existing laws, rules and regulations.

SEC.8. Interventions. — A drug user or drug dependent who
voluntarily surrenders to law enforcement agencies shall be assessed by a DOH-
accredited inpatient or out-patient drug rehabilitation center, as to the level of
severity of drug use or dependence. If found to have either mild or moderate
substance use disorder (SUD), the drug user or drug dependent shall be referred
to a community-based psychological rehabilitation center as defined by
pertinent rules and regulations of the Dangerous Drugs Board (DDB) or an out-
patient drug rehabilitation center provided for in this Act where the patient will
undergo rehabilitative services which include: .

a. Detoxification;

b. Structured out-patient modalities such as intensive out-patient
matrix program, psychotherapy interventions and harm minimization;

¢. Motivational interviews;

d. Brief interventions;

e. Individual or group counseling;

f. Spiritual or faith-based structured interventions such as counseling,

provision of addiction modules and services, among others;


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g. _ Behavioral modification programs;

h. — Social support activities such as technical skills enhancement,
livelihood training activities, educational programs, environmental awareness
activities and other socio-civic oriented activities;

i Attendance in activities of relevant support groups; and

j. Other activities as may be deemed necessary.

Patients who are assessed to be having severe SUD shall be referred to an
in-patient program of a DOH-accredited rehabilitation center.

SEC.9. Community Support System. — All city and municipal
mayors shall ensure the organization of the Barangay Anti-Drug Abuse Council
(BADAC) within their respective territorial jurisdiction, as a community
support mechanism to out-patient clients. To this end, all punong barangays are
mandated to organize and revitalize their BADACs and their committees on
operations and advocacy and the BADAC auxiliary team. The barangay budget
allocation for the BADAC shall be used for preventive and educational
programs, as well as for the community-based rehabilitation or treatment
facilities of drug dependents, if there are any in their community. The barangays
shall also formulate the barangay peace and order and public safety plan and the
barangay anti-drug plan of action in coordination with the DDB and the
pertinent city or municipal government.

Within ten (10) days from the approval of their annual budget of the

following calendar year, all barangays are required to submit to their respective


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city or municipal local government operations officer, the barangay peace and
order and public safety plan.

SEC.10. Government Assistance. — The Secretary of Health is hereby
authorized to call upon any department, bureau, agency or instrumentality of the
government for such assistance as may be necessary to effectively implement
this Act.

In cities and municipalities, a focal person shall be designated by the
chairperson of the City Anti-Drug Abuse Council (CADAC) or Municipal Anti-
Drug Abuse Council (MADAC), as the case may be. The focal person shall be
assisted by the BADAC in the monitoring of drug users or drug dependents who
surrendered and who are under out-patient rehabilitative care. The focal person
shall report the in-community rehabilitation progress of the drug user or drug
dependent to the director of the out-patient drug rehabilitation center and shall
cause the processing and filing of petitions for confinement of drug dependents
for treatment and rehabilitation before the court pursuant to Sections 54 and 61
of Republic Act No. 9165.

The DOH shall have general technical supervision over the medical
interventions to clients and patients.

SEC.11. Public-Private Partnership. — The director of the out-patient
rehabilitation center is hereby authorized, with the approval of the Secretary of
Health, to enter into agreements with people’s organizations and religious

organizations for the implementation of the parmer private organization’s


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supplementary rehabilitation programs at no additional cost to the government,
coherent with the out-patient rehabilitation center's own technical and scientific
approach to providing rehabilitative services to its clients.

SEC. 12. One-Stop Shop Drug Assessment Facility. — The respective
Anti-Drug Abuse Councils (ADAC) shall establish a one-stop shop for drug
rehabilitation services in their respective jurisdictions where assessment,
interview, referral and processing of applications for petitions for confinement
of drug dependents for treatment and rehabilitation and other allied processes
may be undertaken.

SEC. 13. Reporting System. — All offices shall maintain a separate file
of drug dependent personalities who voluntarily surrendered in their respective
offices. The data and profiles of drug personalities who surrender shall be noted
in the existing local government unit scoreboard. A report on their profile,
assessment, rehabilitation plan and other related information shall be submitted
to the Policy Studies, Research and Statistics Division of the DDB using the
Board prescribed forms on a quarterly basis. The DDB shall maintain a
centralized database of all drug personalities who surrender to the authorities.
All information on surrendering drug personalities shall be considered
confidential and must be handled with utmost care and privacy.

SEC. 14. Livelihood training and other civic activity programs. - All
local government units shall coordinate with the Technical Education and Skills

Development Authority (TESDA), Department of Agriculture, Department of


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Education, Commission on Higher Education, Department of Trade and
Industry, Department of Environment and Natural Resources, and other
government agencies on the implementation of livelihood training, continuing
education and vocational instruction programs for the drug users or drug
dependents who surrender.

SEC. 15. Implementing Rules and Regulations. - The Secretary of
Health shall promulgate such rules and regulations as may be necessary to
secure an effective administration of the rehabilitation centers and the effective
implementation of the provisions of this Act.

Rules and regulations issued by other departments, bureaus, agencies or
instrumentalities of the government including the DDB on the treatment and
handling of drug users or drug dependents who voluntarily surrender shall be
applied suppletorily in the implementation of this Act.

SEC.16. Appropriations. — The sum necessary for the effective
implementation of this Act shall be charged against the appropriations for the
Department of Health. Thereafter, such amount as may be necessary for the
continued operation of the out-patient rehabilitation centers shall be included in
the annual General Appropriations Act.

SEC. 17. Repealing Clause. — All laws, decrees, executive orders,
tules and regulations, and other issuances or parts thereof which are inconsistent
with the provisions of this Act are hereby repealed, amended or modified

accordingly.


1 SEC. 18, Effectivity. — This Act shall take effect fifteen (15) days after
2 its publication in the Official Gazette or in a newspaper of general circulation

3 Approved,