Voluntary submission under RA 9165
The Comprehensive Dangerous Drugs Act of 2002 (RA 9165) provides a route to treatment called voluntary submission. A drug dependent may apply for treatment and rehabilitation personally or through a parent, spouse, guardian, or relative within the fourth degree of consanguinity or affinity. This mother may therefore start the application for her son. Voluntary submission exists so that a person who wants help can get treatment rather than face arrest for drug use.
How the process works
The application goes to the Dangerous Drugs Board or its authorized representative, and the court then orders an examination by a DOH-accredited physician to determine whether the person is drug dependent. If dependency is certified, the court orders treatment and rehabilitation in a center for a period set by law, followed by aftercare. A person who completes treatment and aftercare can be exempted from criminal liability for drug use, once. Because the son has already agreed to treatment, the mother's application on his behalf fits the purpose of the law.
| Step | What happens |
|---|
| Application | By the dependent or by a parent, spouse, guardian, or relative within the fourth degree |
| Examination | By a DOH-accredited physician, ordered by the court |
| Treatment | Rehabilitation if dependency is certified, then aftercare |
| Benefit | Exemption from criminal liability for drug use, once, after completion |
Why the other explanations are wrong
Saying only the son can apply ignores the provision that allows family members to apply for him. Saying she must report him to the police so a court can order treatment confuses voluntary submission with compulsory confinement, which applies when a dependent refuses treatment; it also contradicts the purpose of easing fear of arrest. Saying she can admit him directly to a residential center without assessment skips the required examination and certification by a DOH-accredited physician. Watch out! RA 9165 has both voluntary and compulsory routes; a client who agrees to treatment uses the voluntary one.
The nurse's role
The nurse provides accurate information, reassurance, and referral, while protecting the family's confidentiality. She explains the voluntary submission process, helps the mother contact the municipal anti-drug abuse council or the appropriate office, and coordinates with the RHU physician for the referral. She also supports the family emotionally, involves them in aftercare planning, and links them to community-based support during and after rehabilitation.