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NINETEENTH CONGRESS
First Regular Session
House Bill No.
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INTRODUCED BY REP. ANNA YORK P. B0NDOC, MD
AN ACT
INSTITUTING A POLICY 0N BL00DB0RNE VIRAL HEPATITIS
TESTING AND SCREENING
EXPLANATORY NOTE
The Constitution, Article 2, Section 15 states that: "The State shall protect and promote the
to health of the people and instill health consciousness among them."
Hepatitis  8  and  C  infections  are  some  of the  most  significant  health  problems  in  the
country. They are both blood-borne pathogen that attack the liver which sometimes cause serious
liver damage that leads to chronic liver disease or even liver cancer.
According to the Department of Ilealth (DOH), an estimate of 10-16% of Filipino adults
suffer from chronic Elepatitis 8 infection which counts  for more than two thirds of all  cases of
liver cancer, which is the second leading cause of cancer deaths in the Philippines.
Globally,  an estimated  57% of liver cirrhosis cases  are attributed to  Hepatitis  8  and C.
Moreover,  around 240 million people are chronically infected with Hepatitis  8,  and more than
680,000 people die every year from coniplication because of the disease.
Since there is no known absolute cure for both infections, the State is expected to fulfill its
mandate and expend efforts to prevent the infection of this deadly disease, and protect the rights
of people  living  with  these  diseases  who  suffer  from  stigma  and  discrimination  through  the
promotion of voluntary and confidential testing of blood borne viral hepatitis and the prohibition
of mandatory and routine screening of the same.
This bill seeks to promote the health and well-being of the population through prevention,
early detection and treatment of bloodbome viral hepatitis. The proposed measure also encourages
voluntary hepatitis  testing to  prevent  and  detect  irifection  and  to  provide  treatment  to  infected
patients. The bill also prohibits discriminatory acts and practice against infected patients.
Hence, the passage of this bill is earnestly sought.
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NINETF,ENTII CONGRESS
First Regular Session
7   HouseBi`||.No.   5447
INTRODUCED BY HON. ANNA YORK P. B0NDOC, MD
AN ACT
INSTITUTING A POLICY ON BL00DB0RNH VIRAL HEPATITIS TESTING AND
SCREENING
Be  it  enacted  by  the  Senate  and  the  House  Of Representatives  Of the  Philippines  in  Congress
assembled:
SECTION  1. Sfoor/ rz.//e.  -This Act shall be known as the "Bloodbome Viral Hepatitis
Testing Act".
SECTION 2. Dec/czrcz/I.o# a/Po/I.ct.cs. -It is hereby declared that the policy of the State is
to  promote  health  and  well-being  of the  population  through  prevention,  early  detection  and
treatment of diseases  like bloodbome viral  hepatitis,  as well  as,  to protect the rights of people
living with these diseases who suffer from stigma and discrimination through the promotion of
voluntary and confidential testing of blood bone viral hepatitis and prohibition of mandatory and
routine screening of the same.
SECTON  3. De¢#z./I.o"s.  - For the purpose  of this  Act,  the  following  definitions  shall
apply,
(a)  B/oodbor73e   yz.ro/  fJcpczfz./I.s  refers  to  the  disease  caused  by  both  Hepatitis  8  and
Hepatitis C virus which can be transmitted by exposure to infect blood and other body
fluids, producing, among others, jaundice and chronic inflammation of the liver.
(b) Hepatitis  8  Virus  (HBV)  and Hepatitis  C Virus  (HCV), refexs to The v.trus tirzi+ ca;uses
Hepatitis 8 and Hepatitis C respectively. A safe and effective vaccine is available for
Hepatitis 8 while there is none for Hepatitis C. Treatment modalities are available to
effectively  manage  the  symptoms  and  to  prevent  complications  caused  by  these
diseases.
(c)  fJcpczfz./is resfz.#g or Scree7t!.ng refers to any facility-based or mobile medical procedure
that  is  conducted  to  determine  the  presence  or  absence  of Hepatitis  8  or  C  or  the
circulating viral burden in a person's body.
(d)  Wordy/czce refers to the office, premises or worksite, whether in the private or the public
sector,   including   government   agencies,   their   subdivisions,   instrumentalities,   and
government-owned  and  controlled  corporations,  where  a  worker  is  temporarily  or
habitually  assigned.  Where  there  is  a no  fixed  or definite  workplace,  the term  shall


include the place where a worker per±`ol.ms regular work, or where a worker regularly
reports to render service or to take an assignment.
(e)  I/#z.verscz/ Precczwfz.o77s  refers  to  the  practice  of avoiding  contact  with  bodily  fluids,
assuming it to be infected, by means of non-porous articles or other personal protective
equipment.
(I)  Exposwre-pro7ce Proccdwres /EPP/ refers to invasive procedures where there is a risk
that injury to the worker may result in the exposure of the patient's open tissues to the
blood of the worker, including procedures where the worker's gloved hands may be in
contact with  sharp  instruments,  needle  tips  or sharp  tissues  (e.g.  spicules  of bone or
teeth) inside.
SHCTI0N  4.   yo/w#/czry  f7epczfz./!.s   res/z.#g.   -  As  a  matter  of policy,  the  State  shall
encourage voluntary hepatitis testing to prevent and detect infection and to provide treatment to
infected  patients.  The  conduct  of hepatitis  testing  as  a  pre-requisite  for  hiring,  employment,
renewal of employment or continued emplo}ment, or as part of a routine health check.-up without
clinical  indication  or  medical  justification,  or  as  a  pre-requisite  for  admission  to,  basis  for
expulsion  from  any  disciplinary  action  in  educational  institutions,   shall  be  prohibited.   Be
counseled and considered for treatment when indicated.
SECTION 5. Co#/de#/I.cz//}; or fJepcz/I./z.s res/I.#g. - In all cases, access to all information
related to a person's HBV or HCV status including the results of hepatitis testing shall be kept
strictly confidential except when disclosed with the written consent of the individual or the parent
or legal  guardian of the minor of legally incapacitated whose HBV or HCV status is involved,
unless otherwise required by law.
SECTION 6.  Cow%se//z.#g cz#d Re/errcl/ /or F%rffoer A41cI#¢geffle#f.  -All hepatitis testing
shall  include  counselling  which  should  be  able  to  provide  the  individual  who  took  the  test
information on measures to prevent transmission and if necessary a referral to a health practitioner
for further evaluation and management.
?EFTlqpr 1. Exceptions  to  Voluntary  Hepatitis  Screening  and  Testing.  -Cornyulsory
testing for blood borne viral hepatitis shall be allowed only in the following instances:
(a)  When  it  is  necessary  to  test  a  person,  who  is  charged  with  any  of the  offenses
punishable  under  Article  264,  266,  335,  and  338  of the  Revised  Penal  Code,  as
amended by the Republic Act No.  8353, otherwise known as the Anti-Rape Law of
1997;
(b) As  a  pre-requisite  in  the  donation  of blood  in  compliance  with  the  provisions  of
Republic Act No.  7170,  otherwise known as the Organ Donation Act,  and Republic
Act No. 7719, otherwise known as the Anti-Rape Law of 1997;
(c)  As part of surveillance and management of blood borne hepatitis among health care
workers involved in exposure prone procedures.  Provided that, it shall not be a pre-
requisite  for  admission to  or a basis  for  expulsion  or any disciplinary  action  in  an
educational institution for health care workers or for employment or re-employment in
a health care facility; Provided further that, positive results of such testing shall not be
used as justification for the termination of a health care worker employed in a health
facility.
SECTION 8. res/z.#g/or Orgcz7! Do7tcz/I.o#. -Lawful consent to HBV and HCV testing of
a donated human body, organ, tissue, or blood shall be considered as having been given when:
(a)  Routine   surveillance   of  personnel   performing   exposure   prone   procedures   and
provision of support and access to treatment for those with positive results;


(b) Hepatitis a vaccination for all personnel if they have no documented evidence of pre-
existing immunity;
(c)  Strict  adherence  and  practice  of universal  precautions  and  provision  of personal
protectiveequipmentforworkerswhoseworkentailsexposuretobloodandotherbody
fluids;
(d) Provision and maintenance of adequate hygiene facilities and mechanisms to ensure
proper disposal of infectious and potentially contaminated materials;
(e)  Development of protocols for the management of health workers exposed to agents
contaminated with blood borrie infectious diseases in all health care and health care-
related institutions and facilities;
(I)  Education and training on the prevention transmission of blood borne hepatitis  and
other infectious diseases in the workplace;
(g) Development  of a protocol  for the  confidential  management  of restrictions  on the
conduct of EPPs and reasonable reassignment of personnel with restrictions to conduct
EPP to other work assignments based on the person's clinical status and based on best
available scientific evidence.
S~E.CT|Ppr 11.. Pegulqtion Of Hepatitis Testing Services. -To eus"re access to vofurfuay
and confidential hepatitis testing, the DOH shall:
(a)  Regulate public and private facilities that conduct hepatitis testing services. Provz.dec7,
that only DOH-accredited hepatitis testing facilities shall be allowed to conduct such
testing;
(b) Develop  the  guidelines  for  voluntary  and  confidential  hepatitis  testing  including
protocols  for counselling and referral  to health providers  for further evaluation and
management;
SECTION  12. Dz.scrz.mz.77ofory .4cts.  - The  following  discriminatory  acts  and  practices
shall be prohibited:
(a)  Discrimination  in  any  form,  from  pre-employment  to  post-employment,  including
hiring, assignment, promotion, based on the actual or perceived HBV or HCV status of
an individual, non-disclosure of one's own or another person's HBV and HCV status,
or refusal to undergo hepatitis testing;
(b) Termination from work on the sole basis of actual, perceived,  or suspected HBV or
HCV, non-disclosure of one's owri to another person's HBV and HCV status, or refusal
to undergo hepatitis testing;
(c)  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 HBV or HCV, non-disclosure
of said status, or refusal to undergo hepatitis testing;
(d) 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 HBV and HCV status: Provz.c7ec7,  that the
person with positive HBV and HCV has not misrepresented the fact to the insurance
company or loan or credit service provider upon application;


(e)  Denial of or provision of subpar health sen'iccs or being charged with a higher fee, on
the basis of actual, perceived or st]sr)ei``,Led HBV c`r HCV status, non-disclosure of said
status, or refusal to undergo hepatitis testing;
(I)  Denial  and  deprivation  of  private  health  insurance  under  a  Health  Maintenance
Organization  (HMO)  and  private  life  insurance  coverage  under  a  life  insurance
company on the basis of the person.s HBV and HCV status: Provz.decz, that the person
with  positive  HBV   and  HCV  has  not  misrepresented   such  fact  to   the  Health
Maintenance   Organization   (HMO)   and   private   life   insurance   company   upon
application.
(g)  Other similar or analogous discriminatory acts.
SECTIopr.13.ProtectionofworkerswithBloodBorneviralHepatitis.-Emphoyersshan
adopt all reasonable measures to accommodate workers who are HBV-positive, HCV-positive, or
affected by a Hepatitis 8 or Hepatitis C -related illness who voluntary disclose trieir status to their
employers, including but not limited to flexible leave arrangements, re-scheduling of work hours,
and work force re-integration assistance, and facilitation of access to treatment.
SECTION 14. Edwco/I.o# o# B/ood Boy#e yz.rcz/ f7epcz/z./z.s. -The DOH together with other
partners in the health sector shall strengthen the nationwide program on prevention of blood borne
viral hepatitis by raising awareness on the disease and disease prevention, promoting universal
coverage of Hepatitis 8 vaccination, and advocating for voluntary hepatitis testing in the general
population.
SECTION  15.  Pe7ccz//i.es.  -  Violations  of any provision  of this  Act  including,  but  not
limited to, those related to the non-compulsory nature of Hepatitis a and C testing, discrimination
in the workplace and confidentiality, shall be punished with imprisonment of not less than six (6)
months but not greater than four (4) years, and a fine not exceeding Fifty Thousand pesos (Php
50,000.00). In addition, the licenses or permits of establishments, companies and other institutions
found  guilty of committing the discriminatory acts  arid policies  described  in this  Act,  shall be
revoked.
SHCTI0N   16.   Jmp/eme#/I.#g  Rc//es   cz#c7  Jzegw/a/I.o#s.   -   The   DOH   and   DOLE,   in
coordination  with  other  relevant  government   agencies   and  private  organizations   and  non-
govemmental organizations shall issue the Implementing Rules and Regulations necessary for the
effective implementation of this Act within ninety (90) days from the effectivity thereof.
SHCTION 17. 4pf7raprz.cz/I.o#s'. -The amounts necessary for the initial implementation of
the provisions of this Act shall be charged against the current year's appropriations of the DOH.
Thereafter,  the  expenses  for  its  continued  implementation  shall  be  included  in  the  General
Appropriations Act from funds appropriated to the DOH.
SECTION   18.   Sepczrcbz./z.fy   C/¢wse.   -   If   any   provision   of  this   Act   is   declared
unconstitutional  or  invalid  by  a  court  of competent jurisdiction,  the  remaining provisions  not
affected thereby shall continue to be in full force and effect
SECTION  19. Repeo/I.I?g  C/czwse.  - All  laws,  decrees,  executive orders,  department  or
memorandum orders and other administrative issuances, or parts thereof, which are inconsistent
with the provisions of this Act are hereby modifled, superseded or repealed accordingly.
SECTION 20. EJ7j7lec/I.vz.fy -This Act shall take effect fifteen (15) days after publication in
the Official Gazette or in at least two (2) newspaper of general circulation.
Approved,