# PCP HIV AIDS Toolkit/Summary of RA 8054

PCP HIV AIDS Toolkit → Summary of RA 8054
This page is part of the PCP HIV AIDS Toolkit. :

## RA 8504 - The Philippine AIDS Law

(This is a condensed version of the RA 8504)

### Article 1

The Government must promote education and information campaigns.
* Schools and non-formal education programs must include HIV education.
* The DOH must conduct public health education campaigns.
* The government must provide education for Filipinos going abroad.
* Employers, working with DOLE must develop workplace education and safety.
* The Department of Tourism must provide education for tourists and transients.
* LGUs must develop local HIV prevention and education efforts.
* Accurate information about prophylactics will be provided.
* It is against the law to give false or intentionally misleading information on HIV/AIDS.

### Article 2

The Government will develop and promote safe medical practices
* All blood, organs, and tissue for donation will be tested. If it tests positive, it will be disposed of safely, and not used.
* The DOH will provide guidelines on safe surgery and medical procedures.
* Willfully or negligently dangerous practices will be against the law.

### Article 3

The Government will provide appropriate confidential HIV testing.
* HIV testing can only be done with the consent of the person tested.
* The DOH will provide anonymous HIV testing.
* Counseling will be conducted before and after testing.
* The DOH will make adequate and affordable HIV testing available in all of the Philippines.

### Article 4

The Government will ensure adequate health and support services for people with HIV.
* Hospitals will provide adequate care for persons with HIV.
* LGUs must provide community-based prevention and care efforts.
* Livelihood efforts will be made available for people with HIV.
* The DOH is to do STD prevention and control efforts.
* The DOH is to make sure that health insurance is available to people with HIV.

### Article 5

The Government will monitor HIV/AIDS
* The Government will establish an AIDSWATCH council.
* Reporting procedures will be developed to track HIV rates, while respecting client confidentiality.
* Contract tracing is permitted provided confidentiality is not breached.

### Article 6

Confidentiality will be protected on HIV status.
* All healthcare workers, and anyone handling health records will strictly preserve patient confidentiality on HIV status, and the identity of people with HIV.
* HIV status can be shared by health officials in three circumstances; officials of the AIDSWATCH council, Health workers who are involved in treatment and need to know for their own safety, and a judge if under subpoena for an official court case.
* HIV results may be given to the person tested, an official of the AIDSWATCH council, and a parent or guardian. It cannot be given to anyone else.
* Legal penalties can be provided for breaching confidentiality.
* People with HIV must inform spouses and sex partners as soon as reasonably possible.

### Article 7

Discrimination against people with HIV is illegal.
* Employers cannot discriminate in hiring, firing, promotion, or assignment based on actual or suspected HIV status.
* Schools are not allowed to refuse admission, punish students, or deny participation in activities based on real or perceived HIV status.
* A person with HIV has the legal right to travel, live, and lodge with the same freedom as any other citizen. Quarantines and other restrictions are illegal.
* A person with HIV has every legal right to seek pubic office.
* Credit services cannot be denied based on HIV status. Insurance cannot be refused based on HIV status, provided the person does not lie about their HIV status.
* Hospitals can heath services cannot refuse treatment or discriminate based on HIV status.
* Decent burials cannot be denied based on HIV status.
* Legal penalties for discrimination will be enforced.

### Article 8

The government will establish a Philippine National AIDS Council
* This council will be responsible for implementing the act and conducting all national AIDS performances.