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

f ? Repke

2 Oni ER

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 42°78

Introduced by Representative Ron P. Salo

EXPLANATORY NOTE

For the past years, cases of HIV and AIDS in the country have been rising at
an alarming rate. The UNAIDS 2012 Report noted that the Philippines was one of
only nine countries globally where the number of new HIV cases increased by at
least 25 per cent from 2001 to 2011."

According to the latest data from the Department of Health's Epidemiology
Bureau, the number of individuals newly diagnosed with HIV per day rose to 22 in
2015, from just one in 2008, four in 2010, nine in 2012, and 17 in 2014. From 1984
to 2015, the cumulative number of newly reported cases was 27,138. Eighty-four
percent of these cases were reported in the past five years, from January 2010 to
July 2015. In May 2015 alone, there were 748 newly reported cases of HIV, which
was 51% higher compared to the same period last year (495), and was the highest
number of reported cases since 1984. Also in the same month, there were 29
reported deaths among people with HIV, of which 97% were males. In July 2015,
there were 682 newly diagnosed HIV cases.

The growing statistics indicate that the country is facing a full-blown HIV/AIDS
crisis, which necessitates the enactment of urgent measures to effectively prevent,
treat, and manage HIV/AIDS cases. While we have a current law on HIV/AIDS
prevention, Republic Act No. 8504, which was enacted in 1998, it is no longer
adequate to address the present situation and the changing times. A new law is
needed to make the HIV response more flexible and relevant to the context and
characteristics of the HIV epidemic which we are currently facing.

Recognizing the urgency of the situation, several bills were filed during the

Sixteenth Congress, consolidated as House Bill 5178. However, the bill failed to
become a law.

‘The other countries are Bangladesh, Georgia, Guinea-Bissau, Indonesia, Kazakhstan, Kyrgyzstan,
Republic of Moldova, and Sri Lanka. UNAIDS Report on the Global AIDS Epidemic. 2012.

Page 1 of 19


This bill is being filed to strengthen the country’s response to HIV/AIDS. It
provides a more comprehensive policy on the prevention, treatment, and care of
HIVIAIDS patients; provide measures to protect the rights of the entire population to
be free from HIV/AIDS infection and of those afflicted with such diseases to be able
to access support services and to be free from discrimination; and clarify the roles
and duties of State institutions involved in HIV/AIDS response, from the national
agencies to the local levels.

In view of the foregoing, approval of this bill is earnestly sought

ef y alo

KABAYAN Party List

Page 2 of 19


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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 42°76

Introduced by Representative Ron P. Salo

AN ACT
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HIV AND
AIDS PREVENTION, TREATMENT, CARE AND SUPPORT, REPEALING FOR
THE PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS THE
“PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998”, AND
APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the “Comprehensive HIV and
AIDS Policy Act’.

ARTICLE|
GENERAL PROVISIONS.

SEC. 2. Declaration of Policy. ~ The Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) are public health concerns that have
wide-ranging social, political, and economic repercussions. Responding to the HIV
and AIDS epidemic is therefore imbued with public interest.

Respect for, protection of and promotion of human rights are the cornerstones of an
effective response to the HIV epidemic, The State shall protect and promote, on the
one hand, the rights of the entire population to be protected from HIV infection, and
on the other hand, protect and promote the rights of persons living with HIV to be
provided with adequate medical services, to be treated with respect and dignity, and
to be free from discrimination on the basis of their HIV status.

Accordingly, the State shall:
a) Prioritize the promotion of the rights of every citizen to the attainment of the
highest standard of health and to be protected from HIV/AIDS infection. It

shall adopt policies and undertake programs to prevent the spread of
HIV/AIDS, including through education and information campaigns, harm

Page 3 of 19


reduction strategies, and promotion of other precautionary measures and
safety practices;

b

Deliver treatment, care, and support services to Filipinos living with HIV in
accordance with evidence-based strategies and approaches that follow the
principles of human rights, gender-responsiveness, and meaningful
participation of communities affected by the epidemic;

©)

Adopt a multi-sectoral approach in responding to the HIV epidemic by
ensuring that local communities, civil society organizations, and persons living
with HIV are at the center of the process;

dg)

Positively address and seek to eradicate conditions that aggravate the spread
of HIV infection, which include poverty, gender inequality, prostitution,
marginalization, drug abuse and ignorance.

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

a) Acquired Immune Deficiency Syndrome (AIDS) refers to a health
condition where there is a deficiency of the immune system that stems
from infection with Human Immunodeficiency Virus (HIV), making an
individual susceptible to opportunistic infections;

b) Antiretroviral (ARV) refers to the treatment that stops or suppresses
viral replication or replications of a retrovirus like HIV, thereby slowing
down the progression of infection;

c) Community-based research refers to research study undertaken in
community settings and which involves community members in the
design and implementation of research projects;

d) Compulsory HIV testing refers to HIV testing imposed upon an
individual characterized by lack of consent, use of force or intimidation,
the use of testing as a prerequisite for employment or other purposes,
and other circumstances when informed choice is absent;

e) Contact tracing refers to the identification and diagnosis of people who
may have come into sexual contact with an HIV-positive person.
Contract tracing aims to prevent re-infection of the patient, and identify
contacts who may benefit from medical treatment before they become
symptomatic,

f) Discrimination refers to unfair or unjust treatment that distinguishes,
excludes, restricts, or shows preferences based on any ground such as
sex, gender, age, sexual orientation, gender identity, economic status,
disability, ethnicity, and HIV status, whether actual or perceived, and
which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise by all persons similarly situated, of all rights and
freedoms;

Page 4 of 19


9)

h)

n)

9)

p)

Harm reduction refers to evidence-based policies, programs and
approaches that aim to reduce transmission of HIV and its harmful
consequences on health, social relations and economic conditions;

High-risk behavior refers to a person's frequent involvement in certain
activities that increase the risk of transmitting or acquiring HIV;

Human Immunodeficiency Virus (HIV) refers to the virus, of the type
called retrovirus, which infects cells of the human immune system
=mainly CD4positiveT cells and macrophages-key components of the
cellular immune system — and destroys or impairs the cells’ function
Infection with HIV results in the progressive deterioration of the immune
system, leading to immune deficiency;

HIV counseling refers to the interpersonal, dynamic communication
process between a client and a trained counselor, who is bound by a
code of ethics and practice, to resolve personal, social, or psychological
problems and difficulties, whose objective, in the context of an HIV
diagnosis, is to encourage the client to explore important personal
issues, identify ways of coping with anxiety and stress, and plan for the
future. Counseling in the context of a negative HIV test result focuses on
exploring the client's motivation, options, and skills to stay HIV-negative;

HIV-negative refers to the absence of HIV or HIV antibodies upon HIV
testing;

HIV-positive refers to the presence of HIV infection as documented by
the presence of HIV or HIV antibodies in the sample being tested;

HIV testing refers to any facility-based or mobile medical procedure that
is conducted to determine the presence or absence of HIV in a person's
body. HIV testing is confidential, voluntary in nature and must be
accompanied by counseling prior to, and afier the testing, and conducted
only with the informed consent of the person;

HIV testing facility refers to any DOH-accredited in-site or mobile
testing center, hospital, clinic, laboratory and other facility that has the
capacity to conduct voluntary HIV counseling and HIV testing;

HIV transmission refers to the transfer of HIV from one infected person
to an uninfected individual, most commonly through sexual intercourse,
blood transfusion, sharing of intravenous needles, and vertical
transmission;

Key affected populations at higher risk of HIV exposure or key
populations refer to those groups of persons, as determined by the
Philippine National AIDS Council whose behavior make them more likely
to be exposed to HIV or to transmit the virus;

Page 5 of 19


q)

)

s)

u)

w)

y)

2)

Medical confidentiality refers to the relationship of trust and confidence
created or existing between a patient or a person living with HIV and
his/her attending physician, consulting medical specialist, nurse, medical
technologist and all other health workers or personnel involved in any
counseling, testing or professional care of the former. It also applies to
any person who, in any official capacity, has acquired or may have
acquired such confidential information;

Opportunistic infection refers to illnesses caused by various
organisms, many of which do not cause disease in persons with healthy
immune system;

Partner notification refers to the process by which the patient who has
a sexually transmitted infection (STI) including HIV, is given support in
order to notify and advise the partners that have been exposed to
infection

Pre-test counseling refers to the process of providing an individual
information on the biomedical aspects of HIV/AIDS and emotional
support to any psychological implications of undergoing HIV testing and
the test result itself before the individual is subjected to the test;

Post-test counseling refers to the process of providing risk-reduction
information and emotional support to a person who submitted to HIV
testing at the time the result is released;

Prophylactic refers to any agent or device used to prevent the
transmission of a disease;

Provider-initiated counseling and testing refers to a health care
provider initiating HIV anti-body testing to a person practicing high-risk
behavior or vulnerable to HIV after conducting HIV pre-test counseling. A
person may elect to decline or defer testing such that consent is
conditional;

Routine HIV testing refers to HIV testing recommended at health care
facilities as a standard component of medical care. It is part of the
normal standard of care offered irrespective of whether or not the patient
has signs and symptoms of underlying HIV infection or has other
reasons for presenting to the facility: Provided, that a patient may elect to
decline or defer testing;

Sexually transmitted infections (STIs) refers to infections that are
spread through the transfer of organisms from one person to another as
a result of sexual contact;

Stigma refers to the devaluation and dehumanization of an individual in
the eyes of others which may be based on attributes that are arbitrarily
defined by others as discreditable or unworthy and which result in
discrimination when acted upon;

Page 6 of 19


aa

Treatment hubs refers to private and public hospitals or medical
establishments accredited by the DOH to have the capacity and facility to
provide anti-retroviral treatment;

bb’

Vertical transmission refers to the process of transmission during
pregnancy, birth, or breastfeeding;

co}

Voluntary HIV testing refers to HIV testing of an individual who, after
having undergone pre-test counseling, willingly submits to such test; and

dd)

Vulnerable communities refer to communities and groups suffering
from vulnerabilities such as unequal opportunities, social exclusion,
poverty, unemployment, and other similar social, economic, cultural and
political conditions, making them more susceptible to HIV infection and to
developing AIDS.

SEC. 4. Philippine National AIDS Council. - The Philippine National AIDS Council,
hereinafter referred to as the Council, established under Section 43 of RA 8504,
otherwise known as the “Philippine AIDS Prevention and Control Act of 1998", is
hereby reconstituted and strengthened to ensure the implementation of the country's
response to HIV/AIDS epidemic. The Council shall be the policy-making, planning,
coordinating and advisory body of the country’s HIV and AIDS Program. It shall be
an agency attached to the DOH

SEC. 5. Functions. — The Council shall perform the following functions:

a) Develop the National Multi-Sectoral HIV and AIDS Strategic Plan, in
collaboration with relevant government agencies and CSOs;

b)

Ensure the operationalization and implementation of the National Multi-
Sectoral HIV and AIDS Strategic Plan; monitor its implementation; and
undertake mid-term assessments and evaluation of its impact;

c) Ensure the effective implementation of the policies provided in this Act, and
adopt supplementary policies that will ensure the effective implementation of
the National Multi-Sectoral HIV and AIDS Strategic Plan;

d)

Coordinate with government agencies and other entities mandated to
implement the provisions of this Act;

e

Mobilize resources for the implementation of National Multi-Sectoral HIV and
AIDS Strategic Plan;

Coordinate, organize, and work in partnership with foreign and international
organizations regarding funding, data collection, research, and prevention and
treatment modalities on HIV and AIDS, and ensure foreign-funded programs
are aligned to the national response;

Page 7 of 19


g) Monitor the progress of the epidemic, undertake necessary and relevant
researches, and promote public awareness to effectively address the
epidemic;

h) Advocate for policy reforms to Congress and other government agencies to
strengthen the country’s response to the epidemic; and

i) Submit an annual report to the Office of the President and the Congress.

SEC, 6. Membership, Composition, Appointment, Quorum and Term of Office.
~The following member agencies and CSOs shall be represented in the Council:

a) Department of Health (DOH);

b) Department of Social Welfare and Development (DSWD);

c) Department of Interior and Local Government (DILG);

d) Commission on Human Rights (CHR);

e) Two (2) representatives from civil society organizations (CSOs) working in the
areas of, or providing services related to, HIV and AIDS prevention, control, or
treatment; and/or working for the welfare of identified key populations; and

f) Arepresentative of an organization of persons living with HIV.

The Secretary of Health shall be the permanent Chairperson of the Council. The
Vice Chairperson shall be elected by all members from among the CSOs, and shall
serve as Vice Chairperson for his/her entire term as a Member of the Council.

Except for the ex officio members, the other members of the Council shall be
appointed by the President of the Philippines. The heads of government agencies
may be represented by an official duly designated by their respective agencies. The
members of the Council shall be appointed not later than thirty (30) days after the
date of the enactment of this Act. Members representing the CSOs shall serve for a
term of three (3) years, renewable for another term upon recommendation of the
Council.

The Council shall work in close coordination with the Department of Education
(DepEd); Commission on Higher Education (CHED);Technical Education and Skills
Development Authority (TESDA); Department of Budget and Management (DBM);
Department of Labor and Employment (DOLE); Department of Justice (DOJ);
Department of Foreign Affairs(DFA); Department of Tourism (DOT);Philippine
Information Agency (PIA); and Civil Service Commission (CSC) on matters relevant
to the mandate of the said departments/agencies.

SEC. 7, Secretariat. - The Council shall be supported by a Secretariat consisting of
personnel with the necessary technical expertise and capability that shall be
conferred permanent appointments, subject to Civil Service rules and regulations.
The Secretariat shall be headed by an Executive Director, with the rank of Assistant
Secretary, and shall be under the control of the Council, and under the direct
supervision of the Chairperson of the Council.

The Secretariat shall coordinate and manage the day-to-day affairs of the Council,

provide assistance and administrative support in the performance of the Council's
functions, and perform such other acts as may be directed by the Council.

Page 8 of 19


SEC. 8. National Multi-Sectoral HIV and AIDS Strategic Plan. — A six (6)-year
National Multi-Sectoral HIV and AIDS Strategic Plan shall be formulated and
periodically updated by the Council. It shall include, among others, the following:

a

The country’s targets and strategies in addressing the epidemic;

b

The prevention, treatment, care and support, and other components of the
country's response;

°)

The six (6)-year operationalization of the program and identification of the
government agencies that shall implement the program; and

d

The budgetary requirements and a corollary investment plan that shall identify
the sources of funds for its implementation.

ARTICLE Il
PREVENTION AND CONTROL

SEC. 9, Prevention Programs. — The Council, in coordination with the DOH, local
government units (LGUs), and other relevant government agencies, private sector,
and CSOs, shall adopt and implement a range of measures and interventions that
aim to prevent, halt, or control the spread of HIV, AIDS, and other sexually
transmitted infections in the general population. Pursuant to this, the National Multi-
Sectoral HIV and AIDS Strategic Plan shall include a comprehensive HIV and AIDS
Prevention Program. The prevention program shall be age-appropriate and based on
up-to-date evidence and scientific strategies, and shall actively promote:

a) Universal access to evidence-based and relevant information and education
on HIV/AIDS;

b) Safer sex practices among the general population to reduce the risk of HIV
infection; and

c) Sexual abstinence and sexual fidelity,

SEC. 10. Information and Education Campaigns. — Information and education
campaigns (IECs) shall be undertaken to educate the public on the causes, modes
of transmission and ways of preventing the spread of HIV and AIDS and other
sexually transmitted Infections, with the goal of reducing risky behavior and lowering
vulnerabilities. The DOH, in coordination with the Council, shall craft the guidelines
and standardized information messages for IECs.

SEC. 11, Education in Communities. — The LGUs, through the
provincial/citymunicipal Local Health Boards, in coordination with the Council, shall
implement a locally-based, multi-sectoral community response to HIV and AIDS that
shall include IECs and age-appropriate HIV and AIDS education for out-of-school
youths. Gender and Development (GAD) funds may be utilized for these purposes.

Page 9 of 19


SEC. 12. Education for Key Populations and Vulnerable Communities. — The
Council, in collaboration with the LGUs and CSOs engaged in HIV and AIDS
programs, shall support and provide funding for HIV and AIDS education programs,
such as peer education, support groups, outreach activities and community-based
research that target key populations at higher risk and other vulnerable communities.

SEC. 13. Education in Learning Institutions. - The DepEd, the CHED, and the
TESDA shall integrate basic and age-appropriate instruction on the causes, modes
of transmission and ways of preventing the spread of HIV and AIDS and other
sexually transmitted infections in their respective curricula taught in public and
private learning institutions, including alternative and indigenous learning systems.

The DepEd, the CHED, and the TESDA, in coordination with the DOH, shall ensure
the development and provision of psychosocial support and counseling in learning
institutions for the development of positive health, promotion of values and behavior
pertaining to reproductive health. For this purpose, funds shalll be allocated for the
training and certification of teachers and school counselors.

SEC. 14. Education in the Workplace. — All public and private employers and
employees shall be provided with standardized basic information and instruction on
HIV and AIDS. The DOLE for the private sector and the CSC for the public sector
shall implement this provision. The members of the Armed Forces of the Philippines
(AFP) and the Philippine National Police (PNP) shall likewise be provided with
standardized basic information and instruction on HIV and AIDS by the DOH in
partnership with appropriate agencies.

SEC. 15. Education for Filipinos Going Abroad. — The DFA, in coordination with
the Commission on Filipino Overseas, the DOLE, and the Council, shall ensure that
all overseas Filipino workers, including diplomatic, military, trade, labor officials, and
personnel and their families to be assigned overseas, shall undergo a seminar on
HIV and AIDS, and shall be provided with information on how to access on-site HIV-
related services and facilities before certification for overseas assignment.

SEC. 16, Information for Tourists and Transients. — Educational materials on the
causes, modes of transmission, prevention, consequences of HIV infection and list of
HIV counseling and testing facilities shall be adequately provided at all international
and local ports of entry and exit. The Department of Tourism (DOT), the DFA, the
Department of Transportation and Communications (DOTC), and the Bureau of
Immigration, in coordination with the Council and stakeholders in the tourism
industry, shall lead in the implementation of this section.

SEC. 17. Prevention in Prisons and in Other Closed Settings. — All prisons,
rehabilitation centers and other closed-setting institutions shall have comprehensive
STI, HIV and AIDS prevention and control program that includes HIV education and
information, HIV counseling and testing, and access to HIV treatment and care
services.

SEC. 18. Prevention of Mother-to-Child HIV Transmission. - The DOH shall

implement a program to prevent mother-to-child HIV transmission that shall be
integrated into its maternal and child health services

Page 10 of 19


SEC. 19. Standard Precaution on the Donation of Blood, Tissue, or Organ. —
The DOH shall enforce the following guidelines on donation of blood, tissue, or
organ:

a) A donation of tissue or organ shall be accepted by a laboratory or institution
only after a sample from the donor has been tested negative for HIV;

b) All donated blood shall also be subject to HIV testing. HIV-positive blood shall
be disposed of properly and immediately; and

c) A second testing may be demanded by the blood, tissue, or organ recipients
or their immediate relatives before transfusion or transplant.

Donations of blood, tissue, or organ tested positive for HIV may be accepted for
research purposes only, and shall be subject to strict sanitary disposal requirements.

SEC, 20, Standard Precaution on Surgical and Other Similar Procedures. — The
DOH, in consultation with concerned professional organizations and hospital
associations, shall issue guidelines on precautions against HIV transmission during
surgical, dental, embalming, body painting or tattooing that require the use of
needles or similar procedures. The necessary protective equipment such as gloves,
goggles and gowns shall be prescribed and required, and made available to all
physicians and health care providers, tattoo artists, and similarly exposed personnel
at all times.

SEC. 21. Harm Reduction Strategies. - The DILG and the DOH, in close
coordination with the Dangerous Drugs Board and in partnership with the key
affected population, shall establish an HIV prevention policy and program for people
who use and inject drugs.

The presence of used or unused condoms, other safer sex paraphernalia and sterile
injecting equipment shall not be used as basis to conduct raids or similar police
operations in sites and venues of HIV prevention interventions. The DILG and the
DOH, in coordination with the Dangerous Drugs Board, shall establish a national
policy to guarantee the implementation of this provision.

SEC. 22. Preventive Measures for Persons Living with HIV. ~ The Council, in
coordination with the DOH, LGUs, and other relevant government agencies, private
sector, CSOs, faith-based organizations, and persons living with HIV, shall
implement preventive measures that focus on the positive roles of persons living with
HIV. Such preventive measures shall include the following:

a) Creation of rights-based and community-led behavior modification programs
that seek to encourage HIV risk reduction behavior among persons living with
HIV;

b) Establishment and enforcement of mechanisms to strongly encourage newly
tested HIV-positive individuals to conduct partner notification and disclosure of
HIV status to sexual partners, and to identify persons who may have

Page 11 of 19


transmitted HIV to him/her and persons to whom he/she may have transmitted
the infection, and the circumstances in which transmission may have
occurred, as specified in Sections 29 and 30 of this Act;

°

Establishment of standard precautionary measures in public and private
health facilities;

qd)

Accessibility of ARV treatment and management of opportunistic infections;
and

e

Mobilization of communities of persons living with HIV for public awareness
campaigns and stigma reduction activities.

ARTICLE Ill
TESTING, SCREENING AND COUNSELING

SEC. 23. Voluntary HIV Testing. — As a policy, the State shall encourage voluntary
HIV testing. Written consent from the person taking the test must be obtained before
HIV testing. If the person is below fifteen (15) years of age or is mentally
incapacitated, such consent shall be obtained from the child's parents, legal
guardian or, whenever applicable, from the licensed social worker, licensed health
service provider or a DOH-accredited health service provider assigned to provide
health services to the child.

HIV testing and counseling and other related services shall be made available to a
persons who is fifteen (15) years old or over but below eighteen (18) years of age,
who request to undergo these procedures under any of the following conditions:

a) The person expresses the intention to submit to HIV testing and counseling
and other related services;

b

Reasonable efforts were undertaken to locate, provide counseling to, and
obtain consent of parents, but the parents are absent, cannot be located, or
otherwise refuse to give their consent. In this case, consent shall be obtained
from the child's legal guardian or, whenever applicable, from a licensed social
worker or health service provider, or a DOH-accredited health service provider
assigned to provide health services to the child, The social worker or health
care provider shall determine if the child is “at higher risk of HIV exposure” as
defined in this Act, and that testing and counseling is in the child's best
interest; and

©)

In every circumstance, proper counseling shall be conducted by a social
worker, a health care provider or other health care professional accredited by
the DOH or the DSWD.

SEC. 24, Compulsory HIV Testing. - Compulsory HIV testing shall be allowed in
the following instances

Page 12 of 19



a) When it is necessary to test a person who is charged with any of the offenses
punishable under Articles 264, 266, 335 and 338 of “The Revised Penal
Code”, as amended by Republic Act No. 8353, otherwise known as “The Anti-
Rape Law of 1997";

b) When it is necessary to resolve relevant issues under Executive Order No.
209, otherwise known as “The Family Code of the Philippines”; and

)

As a prerequisite in the donation of blood in compliance with the provisions of
Republic Act No. 7170, otherwise known as the "Organ Donation Act of 1991”,
and Republic Act No. 7719, otherwise known as the “National Blood Services
Act of 1994".

SEC. 25. Testing of Organ Donation. — Lawful consent to HIV testing of a donated
human body, organ, tissue or blood shall be considered as having been given when

a) A person volunteers or freely agrees to donate one's blood, organ, or tissue
for transfusion, transplantation, or research; and

») A legacy and a donation are executed in accordance with Sections 3 and 4,
respectively, of Republic Act No. 7170, otherwise known as the “Organ
Donation Act of 1991”

SEC. 26. HIV Anti-Body Testing for Pregnant Women. — A health care provider
who offers pre-natal medical care shall routinely conduct HIV screening with an opt-
out HIV testing for pregnant women. The DOH shall provide the necessary
guidelines for health care providers in the conduct of the screening procedure.

SEC. 27. HIV Counseling and Testing. — To ensure access to voluntary and
confidential HIV testing, which shall include client-initiated HIV testing and routine
provider-initiated testing, the DOH shall:

a) Accredit public and private HIV testing facilities based on capacity to deliver
testing services including HIV counseling: Provided, that only DOH-accredited
HIV testing facilities shall be allowed to conduct HIV testing;

b)

Develop the guidelines for HIV counseling and testing that shall ensure,
among others, that HIV testing is based on informed consent, is voluntary and
confidential, is available at all times, and provided by qualified persons and
DOH-accredited providers;

Z

Accredit institutions or organizations that train HIV and AIDS counselors in
coordination with the DSWD; and

d) Set the standards for HIV counseling and work closely with HIV and AIDS
CSOs that train HIV and AIDS counselors and peer educators in coordination
and participation of NGOs, government organizations (GOs) and Civil Society
Organization-People Living with HIV (CSO-PLHIV)..

Page 13 of 19


The DOH shall also ensure access to routine HIV testing as part of clinical care in all
health care settings,

SEC. 28. Release of HIV-Related Test Results. ~ The result of any test related to
HIV shall be released by the attending physician who provided pre- and post-test
counseling, only to the individual who submitted to the test. If the patient Is below
fifteen (15) years old, an orphan, or is mentally incapacitated, the result may be
released to either of the parents, legal guardian, or a duly assigned licensed social
worker, whichever is applicable

SEC. 29. Contact Tracing. — Any person who has been tested and found to be
infected with HIV may be requested by the attending physician to provide the names
and contact details of persons who may have transmitted HIV to him/her and
persons to whom he/she may have transmitted the infection, and the circumstances
in which transmission may have occurred. The attending physician, after discussion
with the patient, shall take reasonable steps to inform the contact of his/ her potential
exposure to HIV.

SEC. 30. Disclosure to Sexual Partners. — Any person who is found to be infected
with HIV is strongly encouraged to disclose this health condition to the spouse or
sexual partner prior to engaging in penetrative sex or any potential exposure to HIV.
An HIV-positive person may seek help from qualified professionals including medical
professionals, health workers, peer educators, or social workers to support him in
disclosing this health condition to one’s partner or spouse.

ARTICLE IV
SUPPORT SERVICES FOR PERSONS LIVING WITH HIV

SEC. 31. Human Rights - Based Delivery of Support Services. — The Council, in
cooperation with CSOs and in collaboration with concerned government agencies,
shall ensure the delivery of non-discriminatory HIV and AIDS services by
government and private HIV and AIDS service providers. The Council shall adopt
and promote a range of measures and interventions that promote the rights, welfare,
and participation of persons living with HIV and their affected families, including the
promotion of their access to medically safe, legally affordable, effective and quality
treatment

Further, the DOH and the CHR, in coordination with the Councll, shall take the lead
in developing redress mechanisms for persons living with HIV to ensure that their
civil, political, economic and social rights are protected.

SEC. 32. Care and Support for Persons Living with HIV. - The DSWD, in
coordination with the DOH and the TESDA, shall develop care and support programs
for persons living with HIV, which shall include peer-led counseling and support,
social protection, welfare assistance, and mechanisms for case management. These
programs shall include care and support for the affected children, families and
partners of persons living with HIV.

Page 14 of 19


SEC. 33. Economic Empowerment and Support. ~ Persons living with HIV shall
not be deprived of any employment, livelihood, micro-finance, self-help, and
cooperative programs by reason of their HIV status. The DSWD, in coordination with
the DILG, DOLE and TESDA, shall develop enabling policies and guidelines to
ensure economic empowerment and independence of persons living with HIV.

SEC, 34. Care and Support for Overseas Workers Living with HIV. ~ The
Overseas Workers Welfare Administration (OWWA), in coordination with the DSWD,
the DFA, the Commission on Filipino Overseas and the Bureau of Quarantine, shall
develop a program to provide a stigma-free comprehensive reintegration, care and
support program, including economic, social and medical support, for overseas
workers living with HIV, regardless of employment status and stage in the migration
process,

SEC. 35. Access to Treatment by Indigents. - The DOH, in collaboration with the
DSWD, shall establish a program that will provide free and accessible ARV
treatment to all indigents living with HIV who are enrolled in the program. Free
medication for opportunistic infections shall be made available to all indigents in the
government treatment hubs. It shall likewise designate public and private hospitals to
become satellite hubs with an established HIV and AIDS Core Team. A manual of
procedures for management of PLHIV shall be developed by the DOH.

SEC. 36. Health Insurance. ~ The Philippine Health Insurance Corporation
(PhilHealth) shall develop an insurance package for persons living with HIV that shall
include coverage for inpatient and outpatient medical and diagnostic services,
including medication and treatment, and a set of benefits to the unborn and newborn
child infected by their mothers. Additionally, it shall set a reference price for HIV
services in government hospitals and conduct programs to educate the human
resource units of companies on the PhilHealth package on HIV and AIDS.

The PhilHealth shall enforce confidentiality in the provision of these packages to
persons living with HIV,

No person living with HIV shall be denied or deprived of private health insurance by
a Health Maintenance Organization (HMO) and private life insurance coverage by a
life insurance company on the basis of the person's HIV status. The Insurance
Commission shall enforce the provision of life insurance coverage by persons
applying for such services and shall develop the necessary policies to ensure
compliance.

SEC. 37. Information on Prophylactics. — Appropriate information shall be
attached to or provided with every prophylactic offered for sale or given as a
donation. Such information shall be legibly printed in English and Filipino, and
contain literature on the proper use of the prophylactic device or agent, its efficacy
against HIV and STI, as well as the importance of sexual abstinence and mutual
fidelity.

ARTICLE V
PROHIBITED ACTSAND PENALTIES

Page 15 of 19


SEC. 38. Violation of Confidentiality. - The confidentiality and privacy of any
individual who has been tested for HIV, exposed to HIV, has HIV infection or HIV
and AIDS-related illnesses, or was treated for HIV-related illnesses shall be
guaranteed, The following acts violate confidentiality and privacy:

a) Disclosure of Confidential HIV and AIDS Information — Unless otherwise
provided in Section 39 of this Act, it shall be unlawful to disclose, without
written consent, information that a person had HIV-related test and AIDS, has
HIV infection or HIV-related illnesses, or has been exposed to HIV.

zz

Media Disclosure ~ It shall be unlawful for any editor, publisher, reporter or
columnist, in case of printed materials, announcer or producer in case of
television and radio broadcasting, producer and director of films in case of the
movie industry, to disclose the name, picture, or any information that would
reasonably identify any person living with HIV or AIDS, or any confidential HIV
and AIDS information, without the prior written consent of their subject.

Any person convicted of violating the provisions of this Section shall suffer the
penalty of six (6) months to five (5) years imprisonment and/or a fine of not less than
fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos
(P500,000.00), or both imprisonment and fine, at the discretion of the court, and
without prejudice to the imposition of administrative sanctions such as suspension or
revocation of professional or business permit, license or accreditation.

SEC. 39. Exceptions. — Confidential HIV and AIDS information may be released by
HIV testing facilities without written consent in the following instances:

a) When complying with reportorial requirements of the national active and
passive surveillance system of the DOH: Provided, that the information
related to a person's identity shall remain confidential;

b) When informing other health workers directly involved in the treatment or care
of a person living with HIV: Provided, that such worker shall be required to
perform the duty of shared medical confidentiality; and

©

When responding to a subpoena duces tecum and subpoena ad testificandum
issued by a court with jurisdiction over a legal proceeding where the main
issue is the HIV status of an individual: Provided, that the confidential medical
record, after having been verified for accuracy by the head of the office or
department, shall remain anonymous and unlinked and shall be properly
sealed by its lawful custodian, hand delivered to the court, and personally
opened by the judge: Provided, further, that the judicial proceedings shall be
held in executive session.

SEC. 40. Discriminatory Acts. - The following are discriminatory acts and practices
and shall be prohibited:

a) Discrimination in the Workplace — The rejection of job application, termination
of employment, or other discriminatory policies in hiring, provision of
employment and other related benefits, promotion or assignment of an

Page 16 of 19


individual solely or partially on the basis of actual, perceived, or suspected
HIV status;

b)

Discrimination in Learning Institutions ~ Refusal of admission, expulsion,
segregation, imposition of harsher disciplinary actions, or denial of benefits or
services of a student or a prospective student solely or partially on the basis
of actual, perceived, or suspected HIV status;

c)

Restriction on Travel and Habitation — Restrictions on travel within the
Philippines, refusal of lawful entry to Philippine territory, deportation from the
Philippines, or the quarantine or enforced isolation of travelers solely or
partially on account of actual, perceived, or suspected HIV status is
discriminatory; the same standard of protection shall be afforded to migrants,
visitors and residents who are not Filipino citizens.

d

Restrictions on housing or lodging solely or partially on the basis of actual,
perceived, or suspected HIV status;

e)

Inhibition from Public Services — Prohibition on the right to seek an elective or
appointive public office solely or partially on the basis of actual, perceived, or
suspected HIV status;

f) Exclusion from Credit and Insurance Services — Exclusion from health,
accident, or life insurance, credit and loan services, including the extension of
such loan or insurance facilities, of an individual solely or partially on the basis
of actual, perceived, or suspected HIV status: Provided, That the person living
with HIV has not misrepresented the fact to the insurance company or loan or
credit service provider upon application;

Discrimination in Hospitals and Health Institutions — Denial of health services,
or being charged with a higher fee, on the basis of actual, perceived, or
suspected HIV status; and

9

h) Denial of Burial Services — Denial of embalming and burial services for a
deceased person who had HIV and AIDS or who was known, suspected or
perceived to be HIV-positive.

‘Any person convicted of violating the provisions of this Section shall suffer the
penalty of six (6) months to five (5) years imprisonment and/or a fine of not less than
fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos
(P500,000.00), at the discretion of the court, and without prejudice to the imposition
of administrative sanctions such as fines, suspension or revocation of professional
and business permit, license or accreditation.

SEC. 41, Misinformation on HIV and AIDS. ~ Misinformation on HIV and AIDS,
which includes false and misleading advertising and claims in any of the multimedia
or the promotional marketing of drugs, devices, agents or procedures without prior
approval from the DOH through the Food and Drug Administration (FDA) and without
the requisite medical and scientific basis, including markings and indications in drugs

Page 17 of 19


and devices or agents, purporting to be a cure or a fail-safe prophylactic for HIV
infection, shall be prohibited.

Any person convicted of violating the provisions of this Section shall suffer the
penalty of two (2) months to two (2) years imprisonment, without prejudice to the
imposition of fines and administrative sanctions, such as suspension or revocation of
professional or business license.

SEC. 42, Violation of Safety Procedures. - Any person who knowingly or
negligently causes another to get infected with HIV in the course of the practice of
profession through unsafe and unsanitary practice and procedure shall, upon
conviction, suffer the penalty of imprisonment of six (6) years to twelve (12) years,
without prejudice to the imposition of fines and administrative sanctions,

The permit or license of the business entity and the accreditation of the HIV testing
centers may be cancelled or withdrawn if these establishments fail to maintain safe
practices and procedures as may be required by the guidelines formulated in
compliance with Sections 19 and 20 of this Act.

SEC. 43.Duty of Employers, Heads of Government Offices, Heads of Public and
Private Schools or Training Institutions, and Local Chief Executives. — It shall
be the duty of private employers, heads of government offices, heads of public and
private schools or training institutions, and local chief executives over all
establishments within their jurisdiction to prevent or deter acts of discrimination
against persons living with HIV, and to provide procedures for the resolution,
settlement, or prosecution of acts of discrimination. Towards this end, the employer,
head of office, or local chief executive shall:

a) Promulgate rules and regulations prescribing the procedure for the
investigation of discrimination cases within their jurisdictions, and the
administrative sanctions thereof; and

b) Create a permanent committee on the investigation of discrimination cases.
The committee shall conduct meetings to increase the members’ knowledge
and understanding of HIV and AIDS.

ARTICLE VI
FINAL PROVISIONS

SEC, 44, HIV and AIDS Monitoring and Evaluation. — The DOH shall maintain a
comprehensive HIV and AIDS monitoring and evaluation program that shall serve
the following purposes:

a) Determine and monitor the magnitude and progression of HIV and AIDS in the
Philippines to help the national government evaluate the adequacy and
efficacy of HIV prevention and treatment programs being employed;

b) Receive, collate, process and evaluate all HIV and AIDS-related medical
reports from all hospitals, clinics, laboratories and testing centers, including

Page 18 of 19


HlV-related deaths and relevant data from public and private hospitals,
various databanks or information systems: Provided, That it shall adopt a
coding system that ensures anonymity and confidentiality; and

©)

Submit, through its Secretariat, an annual report to the Council containing the
findings of its monitoring and evaluation activities in compliance with this
mandate.

SEC. 45, Appropriations. - The amount needed for the initial implementation of this
Act shall be charged against the appropriations for the DOH. Thereafter, such sums
as may be necessary for the continued implementation of this Act shall be included
in the annual General Appropriations Act. The funding requirement needed to
provide for the health insurance package and other services for persons living with
HIV as stated in Section 37 hereof shall be charged against the PhilHealth’s
corporate funds.

SEC. 46. Implementing Rules and Regulations. - The Council, within ninety (90)
days from the effectivity of this Act, shall promulgate the necessary rules and
regulations for the effective implementation of the provisions of this Act.

SEC. 47.Repealing Clause. — Republic Act No. 8504, otherwise known as the
“Philippine AIDS Prevention and Control Act of 1998", is hereby repealed.

All decrees, executive orders, proclamations and administrative regulations or parts
thereof, particularly in Republic Act No. 3815, otherwise known as “The Revised
Penal Code”, Republic Act No. 8353, otherwise known as “The Anti-Rape Law of
1997", Executive Order No. 209, otherwise known as “The Family Code of the
Philippines’; Republic Act No. 7719, otherwise known as the “National Blood
Services Act of 1994", Republic Act No. 9165, otherwise known as the
“Comprehensive Dangerous Drugs Act of 2002"; and Republic Act No. 7170,
otherwise known as the “Organ Donation Act of 1991”, inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 48. Separability Clause. ~ If any provision or part of this Act is declared
unconstitutional, the remaining parts or provisions not affected shall remain in full
force and effect.

SEC. 49, Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.

Page 19 of 19