Republic Act 8504

The Philippine AIDS Prevention and Control Act of 1998

RA 8504

▪ promulgating policies and prescribing measures for the prevention and control of HIV/AIDS in the Philippines

▪ instituting a nationwide HIV/AIDS information and educational program

▪ establishing a comprehensive HIV/AIDS monitoring system

▪ strengthening the Philippine National AIDS Council

▪ other purposes

RA 8504

▪ Signed into a law by Pres. Fidel V. Ramos on February 13, 1998

▪ Declaration of policies emphasizes the gravity of the AIDS threat and the demand of strong State action today: ▪ Promote public awareness

▪ Protection of human rights and civil liberties of persons suspected or known infected

▪ Promote utmost safety and universal precautions

▪ Positively address and seek to eradicate conditions aggravating the spread of HIV infection

▪ Recognize potential role of affected individuals

EDUCATION AND INFORMATION

▪ HIV/AIDS education in schools

▪ HIV/AIDS information as a health service

▪ HIV/AIDS education in the workplace

▪ HIV/AIDS education for Filipinos going abroad

▪ Information campaigns for tourists and transients

▪ HIV/AIDS education in communities

▪ Information on Prophylactics

▪ Penalties for misleading information

EDUCATION AND INFORMATION

HIV/AIDS education in schools ▪ Utilizing official information from Department of Health

(DOH)

▪ Causes, modes of transmission, and prevention shall be taught in public and private school

▪ Adoption of appropriate course content allowed after consultation with:

a) Parent-Teacher-Community Association

b) Private School Associations

c) School officials

d) Other interest groups

▪ All teacher and instructors required to undergo seminar or training

EDUCATION AND INFORMATION

HIV/AIDS information as a health service

▪ By health practitioners, workers, and personnel

▪ Purpose:

▪ Proper information dissemination

▪ Correct common misconceptions

▪ Discussion of HIV-related ethical issues

a) Confidentiality

b) Informed consent

c) Duty to provide treatment

HIV/AIDS education in the workplace

▪ Government and private employees, workers, managers, and supervisors, AFP, PNP

▪ Standardized basic information and instruction on HIV/AIDS ▪ Confidentiality in workplace

▪ Attitude towards infected employees and workers

EDUCATION AND INFORMATION

HIV/AIDS education for Filipinos going abroad

▪ OFWs, diplomatic, military, trade, and labor officials

▪ undergo or attend a seminar on the cause, prevention and consequences of HIV/AIDS before certification for overseas assignment

▪ DFA, Dept. of Tourism, DOJ through Bureau of Immigration, DOH

Information campaigns for tourists and transients

▪ All international ports of entry and exit

▪ Informational aids or materials on cause modes of transmission & prevention

▪ DFA, Dept. of Tourism, DOJ through Bureau of Immigration, DOH

EDUCATION AND INFORMATION

HIV/AIDS education in communities

▪ Local government units & DOH ▪ provincial governor, city or municipal mayor, and barangay captain

▪ Educational and information campaign on HIV/AIDS

Information on Prophylactics

▪ Every prophylactic offered for sale or given as donation

▪ Information must: ▪ Be in English or Filipino

▪ Contain literature on proper use and efficacy

▪ Importance of sexual abstinence and mutual infidelity

EDUCATION AND INFORMATION

Penalties for misleading information

▪ Imprisonment: 2 months to 2 years ▪ Without prejudice to the imposition of administrative

sanctions such as fines and suspension or revocation of professional or business license

SAFETY PRACTICES AND PROCEDURES

▪ For donated blood, either gratuitous or onerous ▪ Donor has been tested negative for HIV

▪ All blood samples shall be subjected to HIV testing

▪ HIV (+) blood shall be disposed of properly and immediately

▪ Second testing may be demanded

▪ Issuance of guidelines on: ▪ precautions against HIV transmission during surgical, dental, embalming,

tattooing, or similar procedures

▪ Handling and disposition of HIV positive cadavers or body fluids

▪ Necessary protective equipment

▪ Penalty for violation: ▪ imprisonment of 6 years to 12 years

▪ Permit of license be cancelled or withdrawn

TESTING, SCREENING, AND COUNSELLING

▪ Consent as a requisite for HIV testing ▪ No compulsory HIV

testing allowed

▪ Encourage voluntary testing: high risk for contracting HIV

▪ Written informed consent ▪ legal age: from person

concerned

▪ minor or mentally incapacitated: from parent or legal guardian

▪ Prohibition on Compulsory HIV testing ▪ Exception:

a) Person charged with any crimes punishable under Art. 335 and 338 of RA 3815 or RPC, or under RA 7659

b) When the determination of the HIV status is necessary to resolve relevant issues “Family Code of the Philippines”

c) When complying with the provisions of RA 7170 (Organ Donation Act) and RA 7719 (Nat’l Blood Services Act)

TESTING, SCREENING, AND COUNSELLING

▪ Anonymous HIV Testing

▪ State shall guaranty anonymity and medical confidentiality in the conduct of such tests

▪ Accreditation of HIV Testing Centers

▪ From DOH which set and maintain reasonable accreditation standards

▪ Pre-Test and Post-test Counseling

▪ Required to be provided and conducted by all testing centers, clinics or laboratories

HEALTH AND SUPPORT SERVICES

▪ Hospital-Based Services ▪ All government hospitals

▪ Community-Based Services ▪ DOH, LGU, concerned

government agencies, NGOs

▪ Provide prevention and care services

▪ Livelihood Programs and Trainings ▪ Made accessible and available

to persons with HIV/AIDS

▪ Control of Sexually Transmitted Diseases ▪ DOH, LGU, concerned

government agencies, NGOs

▪ Insurance of Persons with HIV ▪ Conduct a study on feasibility

and viability of setting up a package of insurance benefits

▪ Access to health insurance is part of individual’s right to health and responsibility of the State as a whole

MONITORING

▪ AIDSWATCH ▪ comprehensive HIV/AIDS monitoring program

▪ Established by DOH

▪ Purpose: to determine and monitor the magnitude and progression of HIV infection in the Philippines, and for evaluating the adequacy and efficacy of the countermeasures being employed

▪ Data base shall utilize coding system that promotes client anonymity

▪ Pursue contact tracing

Medical Confidentiality

▪ Handling all medical information, particularly the identity and status of person with HIV

▪ Exceptions: a) Complying with reportorial requirements with

AIDSWATCH programs

b) Informing health workers directly involved or about to be involved with treatment of care of persons with HIV/AIDS

c) Responding to subpoena duces tecum and subpoena ad testificandum issued by Court

Medical Confidentiality

▪ Results shall only be released to the following: a) the person who submitted himself/herself to such a test;

b) either parent of a minor child who has been tested;

c) a legal guardian in the case of insane persons or orphans;

d) a person authorized to receive such results in conjunction with the AIDSWATCH program as provided in Section 27 of this Act;

e) a justice of the Court of Appeals or the Supreme Court

▪ Penalty for Violation ▪ 6 mos. To 4 years without prejudice to administrative sanctions

▪ Cancellation or withdrawal of license to operate

▪ Disclosure to Sexual Partners

Discriminatory Acts & Policies

▪ Workplace ▪ Any form from pre-employment to post-employment, including,

hiring, promotion or assignment, and termination

▪ Schools ▪ Refuse admission or expel, discipline, segregate, deny participation,

benefits or services to a student or prospective student

▪ Restriction on Travel and Habitation ▪ Quarantined, put in isolation, or refused lawful entry or deported from

Philippine territory

▪ Inhibition from Public Services ▪ Denied of right to seek an elective or appointive public office

Discriminatory Acts & Policies

▪ Exclusion fro m Credit and Insurance Services ▪ All credits and loan services, including health, accident and life insurance

▪ Hospitals and Health Institutions ▪ Denial of health care services or be charged with higher fee

▪ Denial of Burial Services

▪ Penalties ▪ 6 mos. To 4 years and fine of P10,000.00

▪ Revocation of licenses or permits

Philippine National AIDS Council (PNAC)

▪ Established to oversee an integrated and comprehensive approach to HIV/AIDS prevention and control

▪ Functions: central advisory, planning, and policy-making (1) Integrate and cooperate with other government agencies to issue

implementing rules & regulations on

a) institution of a nationwide HIV/AIDS information and education program

b) establishment of a comprehensive HIV/AIDS monitoring System

c) issuance of guidelines on medical practices and other procedures that carry the risk of HIV transmission

d) provision of accessible and affordable HIV testing and counselling services to those who are in need of it

e) provision of acceptable health and support services for persons with HIV/AIDS in hospitals and in communities

f) protection and promotion of the rights of individuals with HIV

g) strict observance of medical confidentiality.

Philippine National AIDS Council (PNAC)

2) Monitor implementation of rules and regulations of this Act, issue or cause the issuance of orders or make recommendations to the implementing agencies as the Council considers appropriate;

3) Develop a comprehensive long-term national HIV/AIDS prevention and control program and monitor its implementation

4) Coordinate the activities of and strengthen working relationships between government and non-government agencies involved in the campaign against HIV/AIDS

5) Coordinate and cooperate with foreign and international organizations regarding data collection, research and treatment modalities concerning HIV/AIDS

6) Evaluate the adequacy of and make recommendations regarding the utilization of national resources for the prevention and control of HIV/ AIDS in the Philippines.

Philippine National AIDS Council (PNAC)

▪ Membership and Composition ▪ With a Term of 2 years

a) 2 representatives from organizations or medical/health professionals

b) 6 representatives from NGO involved in HIV/AIDS prevention and control efforts and activities

▪ 1 representative from an organization of persons dealing with HIV/AIDS

▪ All members appointed by the President of the Republic of the Philippines

▪ Except: representative from Senate and HR

▪ Secretary of Health – permanent chairperson

▪ Vice-chairperson - elected by members; term 2 years

Philippine National AIDS Council (PNAC)

▪ Reports ▪ Annual reports on the activities and accomplishments of the

council

▪ Submitted to the President

▪ Special HIV/AIDS Prevention and Control Services ▪ Staffed with qualified medical specialists and support staff with

permanent appointment and supported with an adequate yearly budget

▪ Appropriations ▪ P20,000,000.00

The Revised Philippine HIV & AIDS Policy and Program Act of 2012

▪ Recently approved by Congress

▪ Further strengthen the Philippine National AIDS Council

▪ Aims the protection of human rights and civil liberties of persons suspected or known infected