HOUSE OF REPRESENTATIVES:

RECEIVED
Republic of the Philippines 03 AUG 2016
HOUSE OF REPRESENTATIV vate: 13
Quezon City towe: THO Pm
BY:_ Morel
SEVENTEENTH CONGRESS
First Regular Session REGISTRATION UNIT
BILLS AND INDEX SERVICE
H.B.No,_2011

Introduced by HONORABLE BELLAFLOR J. ANGARA-CASTILLO

EXPLANATORY NOTE

The Philippines confronts the prevalence of Human Immunodeficiency Virus (HIV) and
‘Acquired Immune Deficiency Syndrome (AIDS), and as UNICEF puts it, is one of only
seven countries globally where the number of new HIV cases has increased by over 25 per
cent from 2001 to 2009. According to the Department of Health’s National Epidemiology
Center, the number of individuals with HIV newly diagnosed per day rose to 22 in 2015,
from just one in 2008, four in 2010, nine in 2012 and 17 in 2014. What's more, in July 2015,
there are 682 new cases registered, 17 per cent more than the same month in 2014!

As it is, the growing incidence of HIV in the Philippines is now tuming into an epidemic,
despite the government's existing campaigns and programs to stem the tide, if not put an
end, to the dreaded disease. The issue of HIV and AIDS is a difficult one and can no longer
be ignored, as the trend shows that the numbers of HIV/AIDS cases steadily increases and
is marked sharply.

Stopping the spread of and eradicating HIV/AIDS is crucial, and it is high time that Republic
‘Act No. 8504, otherwise known as "The Philippine AIDS Prevention and Control Act of
1998,” be repealed and for a new measure be instituted so as to strengthen the State’s HIV
and AIDS prevention measures, protect the public from it through effective information
dissemination, counseling and education, and to provide effective service delivery for the
treatment, care and support to the Filipinos living with HIV/AIDS.

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

al
acl, x seacrsmo
6

spresentative
Lone District, Province of Aurora



eI An sen

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SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES ]
FIRST REGULAR SESSION )

2511

H. B. No.

Introduced by HONORABLE BELLAFLOR J. ANGARA-CASTILLO

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,” APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES:

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 Policy. ~ The Human Immunodeficiency Virus (HIV) and Acquired
Immune Deficiency Syndrome (AIDS) are public health concems 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;

(c) 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 inequality, prostitution, marginalization, drug
abuse and ignorance.

Respect for, protection of, and promotion of human rights are the comerstones 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.

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

(a)

(b)

(c)

(a)

(e)

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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;

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;

Civil 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;

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

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,

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 CD4-positive T
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 (keeping healthy, adhering to treatment, and preventing
transmission) and 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 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;

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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, 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;

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 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.

Safer sex practices refer to choices made and behaviors adopted by a person to
reduce or minimize the risk of HIV transmission. These 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;

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(hh) 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;

(i) 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;

(i) 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 result in discrimination when acted
upon;

(kk) 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;

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

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

(nn) 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;

(00) 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;

(pp) Work place 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 of the Philippine National AIDS Council. - The Philippine
National AIDS Council, hereinafter referred to as the Council, is hereby created and 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 implementation of the National Multi-Sectoral HIV
and AIDS Strategic Plan;

(©) 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;

(@) 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;

(Q) Mobilize sources of fund for the National Multi-Sectoral HIV and AIDS Plan;

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Coordinate, organize, and work in partnership with foreign and intemational
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;

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

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

SEC. 6. Membership, Composition, Appointment, Quorum and Term of Office. - 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.

Membership in the Council shall be based on the following criteria

(a)

(b)

(©)

The government agency or CSO must be directly contributing to the performance of
the core functions of the Council (oversight, direction setting and policy making);

The government agency or CSO must be implementing programs, services and
activities that directly contribute to the achievement of the National Multi-Sectoral
HIV and AIDS Plan; and

The govemment agency or CSO must have existing constituencies who are the
target clients of the National MultiSectoral HIV and AIDS Plan's objectives and
activities:

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

(a)
(b)
(c)
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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 Authority

League of Provinces of the Philippines

League of Cities

League of Municipalities

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

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

A representative of an organization of Persons Living with HIV (PLHIV)

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

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(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 govemment 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
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, who shall be under the direct supervision of the
Chairperson of the Council

The Secretariat shall perform the following functions:

(a) 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 extemal 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;

(@) 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) Actas 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;

(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 existing National HIV and AIDS and STI Prevention and Control Program (NASPCP) of
the DOH, which is 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.

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Towards this end, the members of the Council, in cooperation with civil society
organizations, 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 I
EDUCATION AND INFORMATION

SEC. 11. Prevention Program. — There shall be an HIV and AIDS prevention program that
shall educate the public on these and other sexually transmitted infections, with the goal of
reducing risky behavior, lowering vulnerabilities, and promoting the human rights of persons
living with HIV. The Council 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.

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

(a) 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;

(a) Sexual abstinence and sexual fidelity; and

(e) 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.

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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. Education for Filipinos Going Abroad. - The Department of Foreign Affairs
(OFA) 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 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, 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 about it and ways to
curtail its transmission.

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

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

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 programs
and projects, 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 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, access to HIV treatment and care services. The DOH shall, in
coordination with DILG, DOJ, and DSWD, develop HIV and AIDS comprehensive program
and policies which include the HIV counseling and testing procedures.

Persons living with HIV in prisons and closed-setting shall be provided HIV treatment, which
includes ARV drugs, care and support in accordance 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-settings.

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

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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 Ill
PREVENTIVE MEASURES, SAFE PRACTICES AND PROCEDURES

SEC. 22. Positive Health, Dignity and Prevention. - The Council, in coordination with the
DOH, local goverment 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;

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

(a) 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 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 implement a
program to prevent mother-to-child HIV transmission that shall be integrated into 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) 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

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(c) A second testing may be demanded, as a matter of right, by the blood, tissue, or
organ recipients or their 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, 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

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. 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 providers, or a DOH-accredited
health service provider assigned to provide health services to the child

HIV testing and counseling shall be made available to a child who is fifteen (15) years old
but below eighteen (18) years of age, who requests to undergo these procedures and
counseling and other related services.

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 DSWD.

SEC. 28. Compulsory HIV Testing. - Compulsory HIV testing shall be allowed only in the
following instances:

(2) 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;

(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;

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(c) Accredit institutions or organizations that train HIV and AIDS counselors in
coordination with DSWD; and

(d) Set the standards for HIV counseling and work closely with HIV and AIDS civil
society organizations that train HIV and AIDS counselors and peer educators in
coordination and participation of nongoverment organizations (NGOs), government
organizations (GOs) and Civil Society Organization-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/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 (OWA), in coordination with the DSWD, the DFA,
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, regardless of employment
status and stage in the migration process.

SEC. 34. 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:

(2) 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

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SEC. 35. 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 healthcare
providers in the conduct of the screening procedure.

SEC. 36. Immunity from Suit 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 cover acts
which are committed in violation of this Act.

SEC. 37. Health Insurance. - The Philippine Health Insurance Corporation (PhilHealth)
shall 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, 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 PhitHealth 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. 38. 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

(c) 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. 39. 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 40 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, HIV-
related illnesses or has been exposed to HIV.

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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 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.

SEC. 40. 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 duces tecum 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. 41. 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. 42. 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.

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 private establishments within their
territorial 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 and the administrative sanctions thereof, and

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1 (b) Create a permanent committee on the investigation of discrimination cases. The
2 committee shall conduct meetings to increase the members’ knowledge and
3 understanding of HIV and AIDS, and to prevent incidents of discrimination. It shall
4 also conduct the administrative investigation of alleged cases of discrimination

5

7 ARTICLE Vil
8 DISCRIMINATORY ACTS AND PRACTICES
9

11 SEC. 44, Prohibited Acts. — The following are discriminatory acts and practices and shall
12 be prohibited:

14 (a) Discrimination in the Workplace. - The rejection of job application, termination of
rey employment, or other discriminatory policies in hiring, provision of employment and
16 other related benefits, promotion or assignment of an individual solely or partially on
17 the basis of actual, perceived, or suspected HIV status;

18 (b) Discrimination in Learning Institutions. — Refusal of admission, expulsion,
19 segregation, imposition of harsher disciplinary actions, or denial of benefits or
20 services, of a student or a prospective student solely or partially on the basis of
21 actual, perceived or suspected HIV status;

22 (©) Restriction on Travel and Habitation. — Restrictions on travel within the
B Philippines, refusal of lawful entry to Philippine territory, deportation from the
24 Philippines, or the quarantine or enforced isolation of travelers solely or partially on
25 account of actual, perceived or suspected HIV status is discriminatory; It also
26 includes restrictions on housing or lodging solely or partially on the basis of actual,
27 perceived or suspected HIV status. The same standard of protection shall be
28 afforded to migrants, visitors and residents who are not Filipino citizens.

29 (d)_ Inhibition from Public Services. — Prohibition on the right to seek an elective or
30 appointive public office solely or partially on the basis of actual, perceived or
31 suspected HIV status;

32 (e)_ Exclusion from Credit and Insurance Services. - Exclusion from health, accident,
33 or life insurance, credit and loan services, including the extension of such loan or
34 insurance facilities, of an individual solely or partially on the basis of actual,
35 perceived, or suspected HIV status: Provided, That the person living with HIV has
36 not misrepresented the fact to the insurance company or loan or credit service
37 provider upon application

38 (f)_ Discrimination in Hospitals and Health Institutions. — Denial of health services,
39 or be charged with a higher fee, on the basis of actual, perceived or suspected HIV
40 status; and

41 (g)_ Denial of Burial Services. - Denial of embalming and burial services for a
12 deceased person who had HIV and AIDS or who was known, suspected, or

B perceived to be HIV positive.
44

45 SEC. 45. Penalties. — The corresponding penalties shall be imposed upon:

46

47 (a) Any person who commits the prohibited act under Section 21 of this Act shall upon

48 conviction, suffer the penalty of imprisonment of two (2) months to two (2) years,
49 without prejudice to the imposition of fines and administrative sanctions, such as
30 suspension or revocation of professional or business license;

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

56 (c)_ Any person who knowingly or negligently causes another to get infected with HIV in
37 the course of the practice of profession through unsafe and unsanitary practice and
58 procedure shall, upon conviction, suffer the penalty of imprisonment of six (6) years

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to twelve (12) years, without prejudice to the imposition of fines and administrative
sanctions, such as suspension or revocation of professional license.

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 25 and 26 of this Act;

(d) Any person who violates Section 36 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 (500,000.00): 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 37 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 (R50,000.00), 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) and
(b) of Section 39 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;

(a) Any person, natural or juridical, who shall violate any of the provisions in Section 44
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), 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; and

(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.

SEC. 46. 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 37 hereof shall be charged against
the PhilHealth’s corporate funds.

SEC. 47. 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 fil the
positions of the Secretariat as provided in this Act.

SEC. 48. 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.

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SEC. 49. 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, 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. 50. 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. 51. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.

Approved,