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

TWENTIETH CONGRESS
First Regular Session

964

HOUSE BILL NO.

Introduced by Representative Crispin Diego “Ping” D. Remulla

AN ACT
PROVIDING FOR COUNSELING AND TESTING OF PREGNANT WOMEN AND
NEWBORN INFANTS FOR INFECTION WITH HUMAN IMMUNODEFICIENCY
VIRUS AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Prenatal transmission remains the leading cause of pediatric HIV infections, including
AIDS cases, in the Philippines. Alarmingly, recent data indicate that HIV-infected women
continue to give birth each year, with many infants unknowingly born with the virus, often
without timely intervention or awareness on the part of relevant government agencies, such as

the Department of Health.

Medical advances have proven that prenatal HIV transmission can be nearly eliminated.
Studies show that the timely administration of antiretroviral therapy (ART) during pregnancy,
labor, and immediately after birth can drastically reduce the risk of mother-to-child
transmission. However, these life-saving interventions are rendered ineffective without early

detection of HIV among expectant mothers.

To help curb the rising incidence of HIV in the country, itis imperative that all pregnant
women be counseled and offered voluntary HIV testing. In addition, mandatory HIV testing of
newborns and universal HIV screening for pregnant women represent crucial strategies for

identifying, treating, and preventing HIV infections in both mothers and children.


This proposed measure seeks to institutionalize routine HIV testing for pregnant women
and newborn infants. By ensuring early detection, appropriate counseling, and timely medical
intervention, the bill aims to reduce the number of pediatric HIV infections, improve access to
health care for affected women and children, and create opportunities to break the chain of

transmission to future generations.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

CRISPIN DIEGO “PI

” D. REMULLA


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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 964

Introduced by Representative Crispin Diego “Ping” D. Remulla

AN ACT
PROVIDING FOR COUNSELING AND TESTING OF PREGNANT WOMEN AND
NEWBORN INFANTS FOR INFECTION WITH HUMAN IMMUNODEFICIENCY
VIRUS AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall also be known as the “Women and Children’s
HIV Protection Act”.

SEC. 2. Declaration of Policy. - It is the declared policy of the State to protect and
promote the right to health and instill health consciousness among them by sponsoring
programs that will address current health predicaments such as ADS prevention, with the end
in view of educating the public, particularly women and children, on various means to protect
themselves from the disease, and engaging the government to undertake special project aimed
at detecting, controlling and abating the spread of the virus on the other hand.

SEC. 3. Testing Requirement. - All government-funded hospitals under the
supervision of the Department of Health and those directly administered by local government
units shall undertake the following:

1. Provide all pregnant women receiving prenatal care with counseling and testing

regarding HIV disease;

2. Release the results of such testing and promptly disclose the same to the pregnant

‘woman involved;


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3. Inthe case of newbom infants, and whose biological mothers have not undergone
prenatal testing for HIV disease, provide each such infant with comprehensive
testing for such disease;

4. Release the results of such testing of a newborn infant and promptly disclose the
same in accordance with the following, as applicable to the infant involved:

a. To the biological mother of the infant (without regard to whether she is
the legal guardian of the infant);

b. To the legal guardian of the infant in appropriate case; and,

¢. To the child's health care provider.

SEC. 4. Confidentiality and Informed Consent. — All HIV testing conducted under
this Act shall be performed only after the pregnant woman has given her written informed
consent, following the provision of pre-test information and counseling. The results of any HIV
test administered under this Act shall be treated with utmost confidentiality. Disclosure of the
test results shall only be made to the person tested. In case of a minor, to the parent or legal
guardian, Any unauthorized disclosure of confidential HIV-related information by any health
worker, officer, or staff shall be subject to administrative, civil, or criminal liability in
accordance with applicable laws.

SEC. 5. Liabilities. - Any health officer, physician, or any other person working for
any government-funded hospital, who fails to comply with the mandatory requirements set
forth in the preceding section shall be held administratively and civilly liable, in accordance
with appropriate provisions of the Civil Code, the Rules of Court, and other pertinent laws.

SEC. 6. Guidelines. - The Department of Health shall issue appropriate guidelines,
within two months after the effectivity of this Act, making such testing, counseling, and
treatment the standard of care among government-funded hospitals.

SEC. 7. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain
valid and subsisting.

SEC. 8. Repealing Clause. - Any law, presidential decree or issuance, executive order.
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,