[ BOARD REGULATION NO. 3, March 15, 2018 ]
AMENDING SECTION 3(2) OF BOARD REGULATION NO. 1, SERIES OF 2014 AND CREATING THE COMMITTEE ON RECLASSIFICATION, ADDITION OR REMOVAL OF ANY DRUG/SUBSTANCE FROM THE LIST OF DANGEROUS DRUGS/CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
Adopted: 23 February 2018
Date Filed: 15 March 2018
Date Filed: 15 March 2018
WHEREAS, Section 77 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 (the Act ) provides that the Dangerous Drugs Board (the Board ) shall be the policy making and strategy formulating body in the planning and formulation of policies and programs on drug prevention and control;
WHEREAS, Section 81 (b) of the Act vests upon the Board the power to promulgate rules as may be necessary to carry out the provisions of the law;
WHEREAS, Section 93 of the Act empowers the Board to reclassify, add to or remove substances from the list of Dangerous Drugs;
WHEREAS, Board Regulation No. 1, series of 2014 (the Regulation ) provides that the Board may convene a Technical Working Group (the TWG ) which shall gather and collate all data relative to public hearings that may be conducted for reclassification, addition or removal of substances from the list of dangerous drugs;
WHEREAS, under the identified new set of priorities of the Board, there is a need to further intensify, prioritize, and enhance the functions/effectivity of the TWG to address present day demands and concerns;
WHEREFORE, be it RESOLVED, as it is hereby RESOLVED:
1. That Section 3 (2) of Regulation No. 1, series of 2014 be amended and shall now read as follows:
The Board shall be assisted by a Committee on Reclassification, Addition, or Removal of any Drug/Substance from the List of Dangerous Drugs/Controlled Precursors and Essential Chemicals composed of two (2) permanent Members of the Board, the NGO Representative, and representatives from the Department of Justice, Food and Drug Administration, Department of Health-Pharmaceutical Division, UP-PGH National Poison Management and Control Center, Philippine Drug Enforcement Agency, National Bureau of Investigation, and PNP Crime Laboratory. One Permanent Member shall act as Chairperson and preside over the meetings while the Executive Director shall act as the Head Secretariat of the Committee 2. That in case any provision of this Regulation is declared invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions and that of the amended Regulation shall not in any way be affected or impaired.
The Committee shall gather, collect and analyze data relative to a drug and/or substance under question, taking into consideration the criteria and procedure set forth in Section 93 of the Act. It shall have the authority to conduct public hearings as provided under Section 3(1) (b) of Board Regulation No. 1, series of 2014 and invite experts in the field of drug prevention and control who shall provide recommendations to the Committee during consultation meetings. Thereafter, the Committee shall submit a report of its findings and recommendation(s) to the Board.
Experts invited by the Committee shall be entitled to honoraria, transportation or representation allowance subject to pertinent government accounting and auditing rules and regualtions. The Committee shall take seteps to ensure that no conflict of interest will arise in inviting experts during meetings and deliberations.
3. That previous issuances inconsistent with this Regulation are hereby repealed.
EFFECTIVITY - This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and registration with the Office of the National Adminitrative Register (ONAR), UP Law Center, Diliman, Quezon City.
APPROVED and ADOPTED, this 23rd day of February, in the year of Our Lord, 2018 in Quezon City.
(SGD.) Secretary CATALINO S. CUY
Chairman, Dangerours Drugs Board
Attested by:
(SGD.) Undersecretary EARL P. SAAVEDRA
Secretary of the Board
Chairman, Dangerours Drugs Board
Attested by:
(SGD.) Undersecretary EARL P. SAAVEDRA
Secretary of the Board