Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS:
First Regular Session

3536

HOUSE BILL NO.

REGISTR (TION UNIT
BILLS AND INDEX SERVICE

Introduced by HONORABLE SHARON S. GARIN.
EXPLANATORY NOTE

When the first case of Human Immunodeficiency Virus was recorded in the Philippines in 1984, it
was regarded as something akin to terminal cancer but panic did not permeate the country until the first case
of the Acquired Immuno Deficiency Syndrome (AIDS) was made public in 1992. It bore the face of a
woman in her prime. Dolzura Cortez was an overnight sensation due to a film that chronicled her fife and
condition. At the time when accurate HIV information was a rarity, many took pity of her. Unfortunately,
she was also maligned by people who did not have the accurate information. It was a common thought that
cone acquires the virus because he or she is promiscuous.

In 1998 — when the Philippines was recording one new HIV infection every week (189 cases for the
entire year) - the government put in place a policy that was supposed to address the low and stow trend of the
HIV epidemic. RA 8504 or the Philippine AIDS Prevention and Control Act was hailed as a model
legislation in Asia and the Pacific Region during its time. It was meant to immediately curb the infection
before it becomes a public health issue. Unfortunately, 32 years into the concentrated epidemic and the
country is now recording 1.5 cases every hour. There are 34,999 HIV cases from 1984 up to June 2016.

While the global trend in HIV infection and AIDS-related deaths have either stabilized or decreased
in most countries, the Philippines continues to show a steep increase in its new HIV infections. The latest
World AIDS report showed that the Philippines is one of only nine (9) countries in the world where HIV
infections continue to record 25 percent increase. The other countries are Bangladesh, Georgia, Guinea
Bissau, Indonesia, Kazakhstan, Kyrgyzstan, Republic of Moldova and Sri Lanka. However, unlike other
countries, the PI i concentrated among males who have sex with males, sex workers,
persons who inject drugs and transgender persons. This situation calls for a tailored intervention,

The June 2016 AIDS registry has recorded the all-time high of 841 new infections. OF this, males
account for more than ninety percent. While the statistics can mean two things ~ more persons are getting
infected or more persons are getting empowered that they voluntarily submit themselves to HIV test. Either
way, it is very clear that HIV in the Philippines is a ticking time bomb and if appropriate measures are not
taken soon, the Philippines will have a full blown epidemic.

Thus, the passage of this bill is earnestly sought to achieve zero new HIV infections, zero
discrimination and zero AIDS-related deaths.

REP. SH. S. GARIN


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

SEVENTEENTH CONGRESS
First Regular Session

8536

House Bill No.

Introduced by REP. SHARON S. GARIN

AN ACT

STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HUMAN
IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNE DEFICIENCY
SYNDROME (AIDS) PREVENTION, TREATMENT, CARE, AND SUPPORT, AND
ESTABLISHING THE PHILIPPINE NATIONAL HIV AND AIDS PLAN, 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 “Philippine HIV and AIDS Policy
Act,

SEC. 2. Declaration of Policies. - 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. Accordingly, the State shall:

a. Establish policies and programs to prevent the spread of HIV and 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;

b. 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;


¢. Remove all barriers to HIV and AIDS-related services by eliminating the climate of
stigma that surrounds the epidemic and the people directly and indirectly affected by it;
and

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

Respect for, protection of, and promotion of human rights are the cornerstones of an effective
response to the HIV epidemic. The meaningful inclusion and participation of persons directly
and indirectly affected by the epidemic, especially persons living with HIV, are crucial in
eliminating the virus. Thus, unless otherwise provided in this Act, the confidentiality, anonymity,
and non-compulsory nature of HIV testing and HIV-related testing shall always be guaranteed
and protected by the State.

Policies and practices that discriminate on the basis of perceived or actual HIV status, sex,
gender, sexual orientation, gender identity, age, economic status, disability, and ethnicity
hamper the enjoyment of basic human rights and freedoms guaranteed in the Constitution and
are deemed inimical to national interest.

SEC. 3. Definition of Terms. - For the purposes of this Act, the following terms shall be
defined as follows:

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 the Human
Immunodeficiency Virus or 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.  Givil Society Organizations (CSOs) refer to groups of non-governmental and non-
commercial individuals or legal entities that are engaged in non-coerced collective action
around shared interests, purpose and values;

d. Community-based research refers to research study undertaken in community settings
and which involve community members in the design and implementation of research
projects;

e. 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;


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;

Evolving capacities of children refer to the concept enshrined in Article 5 of the
Convention on the Rights of the Child recognizing the developmental changes and the
corresponding progress in cognitive abilities and capacity for self-determination
undergone by children as they grow up, thus requiring parents and others chargerd with
the responsibility for the child to provide varying degrees of protection and to allow their
participation in opportunities for autonomous decision-making in different contexts and
across different areas of decision-making.

Gender identity refers to a person’s internal and individual experience of gender that
may or may not correspond with the sex assigned at birth, including the person's sense
of the body, which may involve, if freely chosen, modification of bodily appearance or
function by medical, surgical and other means, and experience of gender, among them,
dress, speech, and mannerism;

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
dient 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
counseling, 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 (keeping healthy, adhering to treatment, and preventing transmission) and, in
the context of a negative HIV test result, is to encourage the client to explore
motivations, options, and skills to stay HIV-negative;


HIV and AIDS counselor refers to any individual trained by an institution or organization
accredited by the Department of Health (DOH) to provide counseling services on HIV
and AIDS with emphasis on behavior modification;

HIV and AIDS monitoring refers to the documentation and analysis of the number of
HIV/AIDS infections and the pattern of its spread;

HIV and AIDS prevention and control refers to measures aimed at protecting non-
infected persons from contracting HIV and minimizing the impact of the condition of
persons living with HIV;

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-related testing refers to any laboratory testing or procedure done on an individual
regardless of whether the person is HIV positive or negative;

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
and voluntary in nature and must be accompanied by counseling prior to and after 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;

Laboratory refers to area or place, including community-based settings, where research
studies are being undertaken to further develop local evidence base for effective HIV
programs;


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Medical confidentiality refers to the relationship of trust and confidence created or
existing between a patient or a person living with HIV and his attending physical,
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 ‘index client’, ‘source’ or ‘patent’,
who has a sexually transmitted infection (STI) including HIV, is given support in order to
notify and advise the partners that they have been exposed to infection. Support
includes giving the index client a mechanism to encourage the client's partner to attend
counseling, testing and other prevention and treatment services. Confidentiality shall be
observed in the entire process;

Person living with HIV refers to any individual diagnosed to be infected with HIV;

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.


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Safer sex practices refer to choices made and behaviors adopted by a person to reduce
or minimize the risk of HIV transmission. It include postponing sexual debut, non-
penetrative sex, correct and consistent use of male or female condoms, and reducing
the number of sexual partners;

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

Sexual orientation refers to a person's sexual and emotional attraction to, or intimate
and sexual relationship with, individuals of different, the same, or both sexes;

Social protection refers to a set of policies and programs designed to reduce poverty and
vulnerability by promoting efficient labor markets, diminishing people's exposure to
risks, and enhancing their capacity to protect themselves against hazards and
interruptions/loss of income;

Stigma refers to the dynamic 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 results in discrimination when acted upon;

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

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

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

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;

Window period refers to the period of time, usually lasting from two (2) weeks to six (6)
months during which an infected individual will test ‘negative’ upon HIV testing but can
actually transmit the infection;

Workplace refers to the office, premise or work site where workers are habitually
employed and shall include the office or place where workers, with no fixed or definite
work site, regularly report for assignment in the course of their employment,


ARTICLE I
PHILIPPINE NATIONAL AIDS COUNCIL

SEC. 4. Establishment. — The Philippine National AIDS Council, hereinafter referred to as the
Council, shall be the policy-making, planning, coordinating and advisory body of the Philippine
National HIV and AIDS Program. It shall be an agency attached to the Department of Health.

In situations where a gap in the national response has been identified, the Council may catalyze
or develop the intervention required for endorsement to appropriate government agencies.

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 civil society organizations;

b. Ensure the operationalization and implementationof the National Multi-Sectoral HIV and
AIDS Strategic Plan;

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

d. Develop and ensure the implementation of the guidelines and policies provided in this
Act, including other policies that may be necessary to implement the National Multi-
Sectoral HIV and AIDS Strategic Plan;

e. Monitor the progress of the epidemic;

f. Monitor the implementation of the National Multi-Sectoral HIV and AIDS Plan, undertake

mid-term assessments and evaluate its impact;

|. Mobilize sources of fund for the National Multi-Sectoral HIV and AIDS 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;

i, Advocate for policy reforms to Congress, and other government agencies to strengthen

the country’s response to the epidemic; and

j. Submit an annual report to the Office of the President, Congress, and members of the
Council.

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SEC. 6. Membership and Composition. - Two-thirds (2/3) of the Council's membership
shall come from national government agencies, and one- third (1/3) shall come from civil
society organizations. Provided, That an organization representing the positive community shall
be included. Positive Community refers to those persons who are infected with HIV or AIDS
virus.


Selection of members shall be based on the following criteria:

‘a. Government agencies or CSOs with direct contribution to the performance of the core
functions of the Council (oversight, direction setting and policy making);

b. Government agencies or CSOs with existing programs, services and activities that
directly contribute to the achievement of the National Multi-Sectoral HIV and AIDS Plan;

and

c. Government agencies or CSOs with existing constituencies that are targeted by the
National Multi-Sectoral HIV and AIDS Plan's objectives and activities.

The following Member Agencies and CSOs shall be represented in the Council:

19,

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Department of Health;

Department of Education;

Department of Labor and Employment;
Department of Social Welfare and Development;
Department of the Interior and Local Government;
Department of Justice;

Department of Budget and Management;
Department of Foreign Affairs;

Department of Tourism;

Philippine Information Agency;

National Economic and Development Authority;
Civil Service Commission;

Commission on Higher Education;

Technical Education and Skills Development Authorit
League of Provinces of the Philippines;

League of Cities;

League of Municipalities;

Two (2) representatives from non-government organizations who have
expertise in standard setting and service delivery;

Seven (7) representatives from non-government organizations working for the
welfare of identified key populations; and

A representative of an organization of persons living with HIV.

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.

The presence of the Chairperson or the Vice Chairperson of the Council, and at least seven (7)
other Council members and/or permanent alternates shall constitute a quorum to do business,
and a majority vote of those present shall be sufficient to pass resolutions or render decisions

‘The Secretary of Health shall be the permanent Chairperson of the Council. However, the Vice-
Chairperson shall be elected from the government agency members, and shall serve for a term
of six (6) years, Members representing the civil society organizations shall serve for a term of
three (3) years, renewable upon recommendation of the Council for a maximum of two (2)
consecutive terms.

SEC. 7. Secretariat. - The Council shall be supported by a secretariat consisting of personne!
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, who shall be under the direct supervision of the Chairperson of the
Council.

‘The Secretariat shall perform the following functions:

2

Coordinate and manage the day-to-day affairs of the Council;

b, Assist in the formulation, monitoring, and evaluation of the National Multi-Sectoral HIV
and AIDS Strategic Plan and policies;

c. Provide technical assistance, support, and advisory services to the Council and its
external partners;

d. Assist the Council in identifying and building internal and external networks and
partnerships;

e. Coordinate and support the efforts of the Council and its members to mobilize
resources;

f. Serve as the clearing house and repository of HIV and AIDS-related information;

g. Disseminate updated, accurate, relevant, and comprehensive information about the
epidemic to Council members, policy makers, and the media;

h. Provide administrative support to the Council; and

i, Act as spokesperson and representative for and in behalf of the Council.

SEC. 8. National Multi-Sectoral HIV and AIDS Strategic Plan. - A six-year national multi-
sectoral HIV and AIDS strategic plan or an AIDS Medium Term Plan (AMTP) shall be formulated
and periodically updated by the Council. The AMTP shall include the following:

a. The country's targets and strategies in addressing the epidemic;

10


b. The prevention, treatment, care and support, and other components of the country’s
response;

c. The six year operationalization of the program and identification of the government
agencies that shall implement the program, including the designated office within each
agency responsible for overseeing, coordinating, facilitating and/or monitoring the
implementation of its AIDS program from the national to the local levels; and

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

SEC. 9. National HIV and AIDS and STI Prevention and Control Program of the DOH.
— The National HIV and AIDS and STI Prevention and Control Program (NASPCP) of the DOH,
which shall be composed of qualified medical specialists and support personnel with permanent
appointments and with adequate yearly budget, shall coordinate with the Council for the
implementation of the health sector’s HIV and AIDS and STI response, as identified in the
National Multi-Sectoral HIV and AIDS Strategic Plan or AMTP.

SEC. 10. Protection of Human Rights. - The country’s response to the HIV and AIDS
phenomena shall be anchored on the principles of human rights and human dignity. Public
health concerns shall be aligned with internationally-recognized human rights instruments and
standards.

Towards this end, the members of the Council, in cooperation with CSOs, and in collaboration
with the Department of Justice (DOJ) and the Commission on Human Rights (CHR), shall ensure
the delivery of non-discriminatory HIV and AIDS services by government and private HIV and
AIDS service providers. Further, the DOH and CHR, in coordination with the Council, 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.

ARTICLE IT
EDUCATION AND INFORMATION

SEC. 11. Prevention Program. - There shall be a HIV and AIDS prevention program that will
educate the public on HIV and AIDS and other sexually transmitted infections, with the goal of
reducing risky behavior, lowering vulnerabilities, and promoting the human tights of persons
living with HIV. It shall promote and adopt a range of measures and interventions, in
partnership with civil society organizations that aim to prevent, halt, or control the spread of
HIV in the general population, especially among the key populations and vulnerable
communities. These measures shall likewise promote the rights, welfare, and participation of
persons living with HIV and the affected children, young people, families and partners of
persons living with HIV.

i


The HIV and AIDS prevention programs shall be age-appropriate and based on up-to-date
evidence and scientific strategies, and shall actively promote:

2

safer sex practices among the general population, especially among key populations;

b. safer sex practices that reduce risk of HIV infection;

c. universal access to evidence-based and relevant information and education, and
medically safe, legally affordable, effective and quality treatment; sexual abstinence and
sexual fidelity; and consistent and correct condom use.

SEC. 12. Education in Learning Institutions, - Using standardized information and data
from the Council, the Department of Education (DepEd), the Commission on Higher Education
(CHED), and the Technical Education and Skills Development Authority (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 learning modules shall include human rights based principles
and information on treatment, care and support to promote stigma reduction.

The DepEd, CHED and TESDA 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 in coordination with the
Department of Health, For this purpose, funds shall be allocated for the training and
certification of teachers and school counselors.

SEC. 13. Education as a Right to Health and Information. - HIV and AIDS education and
information dissemination shall form part of the constitutional right to health.

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,
including topics on confidentiality in the workplace and reduction or elimination of stigma and
discrimination.

The Department of Labor and Employment (DOLE) for the private sector and the Civil Service
Commission (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. £ducation for Filipinos Going Abroad, - The Department of Foreign Affairs
(DFA), shall in coordination with the Commission on Filipino Overseas, Department of Labor and
Employment and the Council, ensure that all overseas Filipino workers, including diplomatic,
military, trade, labor officials, and personnel and their families to be assigned overseas, shall

12


undergo or attend 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 cause,
modes of transmission, prevention, and consequences of HIV infection and list of HIV
counseling testing facilities shall be adequately provided at all international and local ports of
entry and exit. The Department of Tourism (DOT), the Department of Foreign Affairs (DFA),
Department of Transportation and Communication (DOTC) and the Bureau of Immigration (BI),
in coordination with the Council and stakeholders in the tourism industry, shall lead the
implementation of this Section.

SEC. 17. Education in Communities. - The DILG, League of Provinces, League of Cities, and
League of Municipalities, through the Local HIV and AIDS Council (LAC) or the Local Health
Boards and, in coordination with the Council, shall implement a locally based, multi-sectoral
community response to HIV and AIDS by raising awareness and the ways to curtail
transmission.

Gender and Development (GAD) funds and other sources may be utilized for these purposes.

The Department of Interior and Local Government (DILG) shall, in coordination with the
Departmant of Social Welfare and Development (DSWD) shall also conduct age-appropriate HIV
and AIDS education for out-of-school youth.

SEC. 18. Education for Key Populations and Vulnerable Communities. - To ensure that
HIV services reach key populations at higher risk, the Council, in collaboration with the local
government units and civil society organizations engaged in HIV and AIDS program and project,
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 these
populations and other vulnerable communities. The DOH shall, in coordination with appropriate
agencies and the Council shall craft the guidelines, and standardized information messages for
peer education, support group and outreach activities.

SEC. 19. Prevention in Prisons and Others Closed-Setting Institutions. - 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, The DOH, in
coordination with DILG, DOJ, and DSWD, shall develop HIV and AIDS comprehensive program
and policies which include the HIV counseling and testing procedures in prisons, rehabilitation
centers, and other closed-setting institutions.

Persons living with HIV in prisons, rehabilitation centers, and other closed-setting institutions
shall be provided HIV treatment, which includes ARV drugs, care, and support in accordance

13


with the national guidelines. Efforts should be undertaken to ensure the continuity of care at all
stages, from admission or imprisonment to release. The provision on informed consent and
confidentiality shall also apply in closed-setting institutions.

SEC. 20. 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.

SEC. 21. 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 Authority (FDA) and without the requisite medical and
scientific basis, including markings and indications in drugs and devices or agents, purporting to
be a cure or a fail-safe prophylactic for HIV infection, shall be prohibited.

ARTICLE III
PREVENTIVE MEASURES AND SAFE PRACTICES AND PROCEDURES

SEC. 22. Positive Health, Dignity, and Prevention. - The Council, in coordination with the
DOH, local government units, and other relevant government agencies, private sector, civil
society organizations, faith-based organizations, and persons living with HIV, shall support
preventive measures that shall 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 rights-based mechanisms to strongly encourage
newly tested HIV-positive individuals to conduct partner notification and to promote HIV
status disclosure to sexual partners;

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

d. Accessibility of anti-retroviral treatment, management of opportunistic infections; and

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

The enforcement of this section shall not lead to or result in the discrimination or violation of
the rights of persons living with HIV.

SEC. 23. 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 a

14


human rights and evidenced-based 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 DOH, in coordination with the Dangerous
Drugs Board, shall establish a national policy to guarantee the implementation of this provision.

SEC. 24. Preventing Mother-to-Child HIV Transmission. - The DOH shall integrate a
program to prevent mother-to-child HIV transmission that shall be integrated in its maternal
and child health services,

SEC. 25. 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. Donation of tissue or organs, whether gratuitous or onerous, 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. Assecond testing may be demanded as a matter of right by the blood, tissue, or organ
recipient or his immediate relatives before transfusion or transplant, except during
emergency cases.

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

SEC. 26, Standard Precaution on Surgical and Other Similar Procedures. - The DOH
shall, in consultation with concerned professional organizations and hospital associations, issue
guidelines on precautions against HIV transmission during surgical, dental, embalming,
tattooing or similar procedures. The necessary protective equipment such as gloves, goggles
and gowns shall be made available to all physicians and health care providers and similarly
exposed personnel at all times.

ARTICLE IV
TESTING, SCREENING, AND COUNSELING

SEC. 27. 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.

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In keeping with the principle of the evolving capacities of children as defined in Section 3(g) of
this Act, HIV testing shall be made available under the followig circumstances:

a. If the person is fifteen (15) to below eighteen (18) years of age, consent to voluntary
HIV testing shall be obtained from the child.

b. If the person is below fifteen (15) years of age or is mentally incapacitated, consent to
voluntary HIV testing shall be obtained from the child's parents or legal guardian. In
cases when the child’s parents or legal guardian cannot be found, despite reasonable
efforts to locate the parents were undertaken, the consent shall be obtained from the
licensed social worker. If the child's parents or legal guardian refuse to give their
consent, the consent shall likewise be obtained from the licensed social worker if the
latter determines that the child is at higher risk of HIV exposure and the conduct of the
voluntary HIV testing is in the best interest of the child.

SEC. 28. Compulsory HIV Testing. - Compulsory HIV testing 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 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 Family Code of the Philippines;

c. 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, and Republic Act No. 7719,
otherwise known as the National Blood Services Act.

SEC. 29. 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 testing and counseling, including mobile HIV testing and
counseling and routine provider-initiated HIV counseling and testing that shall ensure,
among others, that HIV testing is based on informed consent, is voluntary and
confidential, and is available at all times and provided by qualified persons and DOH-
accredited providers;

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

d. Set the standards for HIV counseling and shall work closely with HIV and AIDS civil
society organizations that train HIV and AIDS counselors and peer educators in

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coordination and participation of non-government organizations (NGOs), government
organizations (GOs), and Civil Society Organizations of People Living with HIV (CSO-
PLHIV).

All HIV testing facilities shall provide free pre-test and post-test HIV counseling to individuals
who wish to avail of HIV testing, which shall likewise be confidential, No HIV testing shall be
conducted without informed consent. The State shall ensure that specific approaches to HIV
counseling and testing are adopted based on the nature and extent of HIV and AIDS incidence
in the country.

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

ARTICLE V
HEALTH AND SUPPORT SERVICES

SEC. 30. Access to Treatment by Indigents. - The DOH shall establish a program that will
provide free and accessible anti-retroviral 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 (HACT). A
manual of procedures for management of people living with HIV shall be developed by the
DOH.

SEC. 31. 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
designed for persons living with HIV.

SEC, 32. Care and Support for Persons Living with HIV. —- The DSWD in coordination
with DOH and 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.

SEC. 33. Care and Support for Overseas Workers Living with HIV. ~ The Overseas
Workers Welfare Administration (OWWA), in coordination with the DSWD, the DFA, Commission
on Filipinos 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, regardless of employment status and stage
in the migration process,


SEC. 34. Non-Discriminatory HIV and AIDS Services. - The members of the Council, in
cooperation with civil society organizations, and in collaboration with DOJ and CHR, shall ensure
the delivery of non-discriminatory HIV and AIDS services by government and private HIV and
AIDS service providers.

SEC. 35. 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

b. 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. 36. HIV Anti-Body Testing for Pregnant Women. - A health care provider who
offers pre-natal medical care shall routinely offer HIV screening with an opt-out HIV testing for
pregnant women. The DOH shall provide the necessary guidelines for healthcare providers in
the conduct of the screening procedure.

SEC. 37. Immunity for HIV Educators, Licensed Social Workers, Health Workers and
Other HIV and AIDS Service Providers. ~ Any person involved in the provision of HIV and
AIDS services, including peer educators, shall be immune from suit, arrest, or prosecution, and
from civil, criminal or administrative liability, on the basis of their delivery of such services in
HIV prevention, or in relation to the legitimate exercise of protective custody of children,
whenever applicable. This immunity does not include acts which are committed in violation of
this Act.

SEC. 38. Health Insurance. - The Philippine Health Insurance Corporation (PhilHealth) shall:

‘a. Develop an insurance package for persons living with HIV that shall include coverage for
in-patient and out-patient medical and diagnostic services, including medication and
treatment;

b. Introduce benefits to the unborn and newborn child from infected mothers;

Set a reference price for HIV services in government hospitals; and

d. Conduct programs to educate the human resource units of companies on the PhilHiealth
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 under a Health
Maintenance Organization (HMO) and private life insurance coverage under a life insurance

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company on the basis of the person’s HIV status, The Insurance Commission shall encorce the
provision of life insurance coverage of persons applying for such services and shall develop the
necessary policies to ensure compliance.

SEC. 39. 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 HIV-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.

ARTICLE VI
CONFIDENTIALITY

SEC. 40. Confidentiality. - The confidentiality and privacy of any individual who has been
tested for HIV, has been 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 41 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,

The prohibition shall apply to any person, natural or juridical, whose work or function
involves the implementation of this Act or the delivery of HIV-related services, including
those who handle or have access to personal data or information in the workplace, and
who, pursuant to the receipt of the required written consent from the subject of
confidential HIV and AIDS information, have subsequently been granted access to the
same confidential information.

b. Media disclosure It shall be unlawful for any editor, publisher, reporter, or columnist in
the case of printed materials, announcer or producer in the case of television and radio
broadcasting, producer and director of films in the case of the film industry, to disclose

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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.

c. Qill lability - Any person who has obtained knowledge of confidential HIV and AIDS
information and has used such information to malign or cause damage, injury or loss to
another person shall face liability under Articles 19, 20, 21 and 26 of the new Civil Code
of the Philippines.

SEC. 41. 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

c. 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 be held in executive session.

SEC. 42. Release of HIV-Related Test Results, - The result of any test related to HIV shall
be released by the attending physician, who provides 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 patient's parents, legal
guardian, or a duly assigned licensed social worker, whichever is applicable.

SEC. 43. Disclosure to Sexual Partners. — Any person who, after having been tested, 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.
‘A person living with HIV may opt to 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. Confidentiality shall likewise be observed. Further,
the DOH, through the Council, shall establish an enabling environment to encourage newly
tested HIV-positive individuals to disclose their status to sexual partners.

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SEC. 44. 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 private and public schools or
training institutions, and local chief executives over all private establishments within their
territorial jurisdiction, to prevent or deter acts of discrimination against persons living with HIV,
and to provide for 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 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, and to prevent incidents of discrimination. It shall also
conduct the administrative investigation of alleged cases of discrimination,

ARTICLE VII
DISCRIMINATORY ACTS AND PRACTICES
AND CORRESPONDING PENALTIES

SEC. 45. Discriminatory Acts and Practices. - The following discriminatory acts and
practices 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 individual solely or partially on
the basis of actual, perceived, or suspected HIV status is a discriminatory act and is
prohibited.

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 is a discriminatory act and is prohibited.

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 a discriminatory act and is prohibited. The same
standard of protection shall be afforded to migrants, visitors, and residents who are not
Filipino citizens,

an


d. Restrictions on Shelter — Restrictions on housing or lodging, whether permanent or
temoporary, solely or partially on the basis of actual, perceived, or suspected HIV status
is a discriminatory act and is prohibited,

e. Inhibition from Public Service — 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
is a discriminatory act and is prohibited.

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 is prohibited: Provided, That the person living with HIV has not
misrepresented the fact to the insurance company or loan or credit service provider
upon application.

9. Discrimination in Hospitals and Health Institutions - Denial of health services, or be
charged with a higher fee, on the basis of actual, perceived or suspected HIV status is a
discriminatory act and is prohibited.

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 is a discriminatory act and is prohibited,

SEC. 46. Penalties. -

‘a. Any person who commits the prohibited act under Section 21 of this Act shall upon
conviction, suffer the penalty of imprisonment of two (2) months to two (2) years,
without prejudice to the imposition of fines and administrative sanctions, such as
suspension or revocation of professional or business license;

b. Any person who violates the last paragraph of Section 23 of this Act shall, upon
conviction, suffer the penalty of imprisonment of one (1) year to five (5) years and a
fine of not less than one hundred thousand pesos (P100,000.00) but not more than five
hundred thousand pesos (P500,000.00). Provided, That the law enforcement agents
found guilty shall be removed from public service;

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, such as suspension or revocation of professional license.

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The permit or license of the business entity and the accreditation of the HIV testing
centers may be cancelled or withdrawn if the said establishments fail to maintain safe
practices and procedures as may be required by the guidelines formulated in compliance
with Sections 25 and 26 of this Act;

d. Any person who violates the provision in Section 37 of this Act shall, upon conviction,
suffer the penalty of imprisonment of six (6) months to five (5) years and a fine of not
less than one hundred thousand pesos (P100,000.00) but not more than five hundred
thousand pesos (P500,000.00). Provided, That if the person who violates this provision
is a law enforcement agent or a public official, administrative sanctions may be imposed
in addition to imprisonment and/or fine, at the discretion of the court;

e. Any person, natural or juridical, who denies life insurance coverage of any person living
with HIV in violation of Section 38 of this Act shall, upon conviction, suffer the penalty of
imprisonment of six (6) months to five (5) years and /or a fine of not less than fifty
thousand pesos (P 50,000.00), at the discretion of the court, and without prejudice to
the imposition of administrative sanctions such as fines, suspension or revocation of
business permit, business license or accreditation, and professional license.

f. Any person, natural or juridical, who violates the provisions in subparagraphs (a), (b), or
(0) of Section 40 of this Act shall, upon conviction, suffer the penalty of imprisonment of
six (6) months to five (5) years, and/or a fine of not less than fifty thousand pesos
(P50,000.00) but not more than five hundred thousand (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 business
permit, business license or accreditation, and professional license.

g. Any person, natural or juridical, who shall violate any of the provisions in Sections 45
shall, upon conviction, suffer the penalty of imprisonment of six (6) months to five (5)
years and /or a fine of not less than fifty thousand pesos (P 50,000.00) but not more
than five hundred thousand (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 business permit, business license or accreditation, and professional
license;

h. Any person who has obtained knowledge of confidential HIV and AIDS information and
uses such information to malign or cause damage, injury, or loss to another person shall
face liability under Articles 19, 20, 21, and 26 of the new Civil Code of the Philippines.

Fines and penalties collected pursuant to this Section shall be deposited in the National

Treasury.

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ARTICLE VIIT
FINAL PROVISIONS

SEC. 47. Appropriations. — The amount needed for the initial implementation of this Act shall
be charged against the appropriations for the Department of Health, Thereafter, such sums as
maybe 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 38 hereof shall be charged against the
PhilHealth’s corporate funds.

SEC. 48. Transitory Provision. - The personnel designated by the DOH as Secretariat of the
Council under Section 7 of this Act shall be absorbed as permanent personnel to fill the
positions of the Secretariat as provided in this Act.

SEC. 49. Implementing Rules and Regulations. - The Council within ninety (90) days
from the effectivity of this Act shall promulgate the necessary implementing rules and
regulations for the effective implementation of the provisions of this Act.

SEC. 50. 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 the 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, Republic Act No. 9165, otherwise known as the Dangerous
Drugs Act 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. 51. 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. 52. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in a national newspaper of general circulation.

Approved,

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