EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
, t2/,: 
;•
•21 MAR “4 P2-.47
SENATE
S. B. No. 2087
INTRODUCED BY SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO
AN ACT
INSTITUTING A POLICY ON BLOODBORNE VIRAL HEPATITIS TESTING AND 
SCREENING
EXPLANATORY NOTE
The Constitution, Article 2, Section 15 states that: "The State shall protect and 
promote the right to health of the people and instill health consciousness among them."
Hepatitis B and C infections are some of the most significant health problems in 
the country. They are both blood-borne pathogen that attack the liver which sometimes 
cause serious liver damage that leads to chronic liver disease or even liver cancer.
According to the Department of Health (DOH), an estimate of 10-16% of Filipino 
adults suffer from chronic Hepatitis B infection which counts for more than two thirds of 
all cases of liver cancer, which is the second leading cause of cancer deaths in the 
Philippines.
Globally, an estimated 57% of liver cirrhosis cases are attributed to Hepatitis B 
and C. Moreover, around 240 million people are chronically infected with Hepatitis B, and 
more than 680,000 people die every year from complication because of the disease.
Since there is no known absolute cure for both infections, the State is expected to 
fulfill its mandate and expend efforts to prevent the infection of this deadly disease, and 
protect the rights of people living with these diseases who suffer from stigma and 
discrimination through the promotion of voluntary and confidential testing of blood borne 
viral hepatitis and the prohibition of mandatory and routine screening of the same.


This bill seeks to promote the health and well-being of the population through 
prevention, early detection and treatment of bloodborne viral hepatitis. The proposed 
measure also encourages voluntary hepatitis testing to prevent and detect infection and 
to provide treatment to infected patients. The bill also prohibits discriminatory acts and 
practices against infected patients.
Hence, the passage of this bill is earnestly sought,
SENATOR CHRISTO)
LAWRENCE "BONG" T. GO


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
71 MAR-4 P2 -47
SENATE
S. B. No. ^087
f-
INTRODUCED BY SENATOR CHRISTOPHER LAWRENCE "BONG" T. GO
AN ACT
INSTITUTING A POLICY ON BLOODBORNE VIRAL HEPATITIS TESTING AND 
SCREENING
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembied:
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Section 1. Sdort Title. - This Act shail be known as the "Bioodborne Virai Hepatitis
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Testing Act of 2021".
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Section 2. Declaration of Policies. - It is hereby deciared that the policy of the 
State is to promote health and well-being of the population through prevention, early 
detection and treatment of diseases like bioodborne viral hepatitis, as well as, to protect 
the rights of people living with these diseases who suffer from stigma and discrimination 
through the promotion of voluntary and confidential testing of blood borne viral hepatitis 
and the prohibition of mandatory and routine screening of the same.
apply:
Section 3. Definitions. For the purposes of this Act, the following definitions shall
(a) Bioodborne Viral Hepatitis refers to the disease caused by both Hepatitis B and 
Hepatitis C virus which can be transmitted by exposure to infected blood and 
other body fluids, producing, among others, jaundice and chronic inflammation 
of the liver.


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(b) Hepatitis B Virus (HBV) and Hepatitis C Virus (HCV), refers to the virus that 
causes Hepatitis B and Hepatitis C respectiveiy. A safe and effective vaccine is 
avaiiable for Hepatitis B whiie there is none for Hepatitis C. Treatment 
modaiities are availabie to effectively manage the symptoms and to prevent 
complications caused by these diseases.
(c) Hepatitis Testing or Screening refers to any facility-based or mobile medical 
procedure that is conducted to determine the presence or absence of Hepatitis 
B or C or the circulating viral burden in a person's body.
(d) Workpiace refers to the office, premises or worksite, whether in the private or 
the public sector, including government agencies, their subdivisions, 
instrumentalities, and government-owned and controlled corporations, where 
a worker is temporarily or habitually assigned. Where there is a no fixed or 
definite workplace, the term shall include the place where a worker performs 
regular work, or where a worker regularly reports to render service or to take 
an assignment
(e) Universai Precautions refers to the practice of avoiding contact with bodily 
fluids, assuming it to be infected, by means of non-porous articles or other 
personal protective equipment.
(f) Exposure-prone Procedures (EPP) refers to invasive procedures where there is 
a risk that injury to the worker may result in the exposure of the patient's open 
tissues to the blood of the worker, including procedures where the worker's 
gloved hands may be in contact with sharp instruments, needle tips or sharp 
tissues (e.g. spicules of bone or teeth) inside.
Section 4. Voiuntary Hepatitis Testing. - As a matter of policy, the State shall 
encourage voluntary hepatitis testing to prevent and detect infection and to provide 
treatment to infected patients. The conduct of hepatitis testing as a pre-requisite for 
hiring, employment, renewal of employment or continued employment, or as part of a 
routine health check-up without clinical indication or medical justification, or as a pre­
requisite for admission to, basis for expulsion from or any disciplinary action in


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educational institutions, shall be prohibited, be counseled and considered for treatment
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when indicated
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Section 5. Confidentiality of Hepatitis Testing. - In all cases, access to all 
information related to a person's HBV or HCV status including the results of hepatitis 
testing shall be kept strictly confidential except when disclosed with the written consent 
of the individual or the parent or legal guardian of the minor or legally incapacitated 
whose HBV or HCV status is involved, unless otherwise required by law.
Section 6. Counselling and Referral for Further Management - All hepatitis testing 
shall include counselling which should be able to provide the Individual who took the test 
information on measures to prevent transmission and if necessary a referral to a health 
practitioner for further evaluation and management.
Section 7. Exceptions to Voluntary Hepatitis Screening and Testing. - Compulsory 
testing for blood borne viral hepatitis shall be allowed only in the following instances:
(a) When it is necessary to test a person, who is charged with any of the offenses 
punishable under Article 264, 266, 335 and 338 of the Revised Penal Code, as 
amended by Republic Act No. 8353, otherwise known as the Anti-Rape Law of 
1997;
(b) 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;
(c) As part of surveillance and management of blood borne hepatitis among health 
care workers involved in exposure prone procedures. Provided that, it shall not 
be a pre-requisite for admission to or a basis for expulsion or any disciplinary 
action in an educational institution for health care workers or for employment 
or re-employment in a health care facility; Provided further that, positive results 
of such testing shall not be used as justification for the termination of a health 
care worker employed in a health facility.
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Section 8. Testing for Organ Donation. - Lawful consent to HBV and HCV testing
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of a donated human body, organ, tissue, or blood shall be considered as having been
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given when:
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(a) A person volunteers or freely agrees to donate one's blood, organ, or tissue for
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transfusion, transpiantation, or research; and
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(b)A iegacy and a donation are executed in accordance with Sections 3 and 4
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respectively, of Republic Act No. 7170 otherwise known as the Organ Donation
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Act of 1991.
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Section 9. Hepatitis Testing Among Individuais with Ciinicai Justification for
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Testing. - Hepatitis testing shail be highiy encouraged among individuals who, based on
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a reasonable assessment of a physician, shaii benefit from the conduct of said testing.
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Provided that, voiuntary consent must be obtained prior to such testing, adequate
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counseiiing must be provided, and that any individuai who refuses to undergo such testing
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shaii not be subjected to discriminatory acts as defined in Section 12.
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Section 10. Prevention, Detection, and Management of Biood Borne Hepatitis in
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Workpiace Settings with High-Risk of Transmission. — In institutions or workpiace
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settings with high-risk of transmission iike hospitais, heaith fadiities, diagnostic dinics,
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biood donation centers, among others, measures to interrupt transmission of blood borne
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viral hepatitis from heaith provider to patient and vice versa shaii be adopted, inciuding
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but not iimited to:
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(a) Routine surveiiiance of personnei performing exposure prone procedures
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and provision of support and access to treatment for those with positive
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resuits;
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(b) Hepatitis B vaccination for aii personnei if they have no documented
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evidence of pre-existing immunity;
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(c) Strict adherence and practice of universai precautions and provision of
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personai protective equipment for workers whose work entails exposure to
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blood and other body fluids;


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(d) Provision and maintenance of adequate hygiene faciiities and mechanisms 
to ensure proper disposai of infectious and potentiaiiy contaminated materiais;
(e) Development of protocols for the management of health workers exposed 
to agents contaminated with blood borne infectious diseases in all health care 
and health care-related institutions and facilities;
(f) Education and training on the prevention transmission of blood borne 
hepatitis and other infectious diseases In the workplace;
(g) Development of a protocol for the confidential management of restrictions 
on the conduct of EPPs and reasonable reassignment of personnel with 
restrictions to conduct EPP to other work assignments based on the person's 
clinical status and based on best available scientific evidence.
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Section 11. Regulation of Hepatitis Testing Services. - To ensure access to
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voluntary and confidential hepatitis testing, the DOH shall:
(a) Regulate public and private facilities that conduct hepatitis testing services. 
Provided, that only DOH-accredited hepatitis testing facilities shall be allowed 
to conduct such testing;
(b) Develop the guidelines for voluntary and confidential hepatitis testing including 
protocols for counselling and referral to health providers for further evaluation 
and management;
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Section 12. Discriminatory Acts. -The following discriminatory acts and practices
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shall be prohibited:
(a) Discrimination in any form, from pre-employment to post-employment, 
including hiring, assignment, promotion, based on the actual or perceived HBV 
or HCV status of an individual/ non-disclosure of one's own or another person's 
HBV and HCV status, or refusal to undergo hepatitis testing;
(b) Termination from work on the sole basis of actual, perceived, or suspected HBV 
or HCV, non-disclosure of one's own or another person's HBV and HCV status.


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or refusal to undergo hepatitis testing;
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(c) Refusal of admission, expulsion, segregation, imposition of harsher disciplinary
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actions, or denial of benefits or services of a student or a prospective student
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solely or partially on the basis of actual, perceived or suspected HBV or HCV,
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non-disclosure of said status, or refusal to undergo hepatitis testing;
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(d) Exclusion from health, accident, or life insurance, credit and loan services,
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including the extension of such loan or insurance facilities, of an individual
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solely or partially on the basis of actual, perceived, or suspected HBV and HCV
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status: Provided, that the person with positive HBV and HCV has not
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misrepresented the fact to the insurance company or loan or credit service
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provider upon application;
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(e) Denial of or provision of subpar health services or being charged with a higher
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fee, on the basis of actual, perceived or suspected HBV or HCV status, non-
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disclosure of said status, or refusal to undergo hepatitis testing;
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(f) Denial and deprivation of private health insurance under a Health Maintenance
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, Organization (HMO) and private life insurance coverage under a life insurance
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company on the basis of the person's HBV and HCV status: Provided, that the
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person with positive HBV and HCV has not misrepresented such fact to the
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' Health Maintenance Organization (HMO) and private life insurance company
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upon application.
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(g) Other similar or analogous discriminatory acts.
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Section 13. Protection of Workers with Biood Borne Virai Hepatitis. - Employers
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shall adopt all reasonable measures to accommodate workers who are HBV-positIve, HCV-
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positive, or affected by a Hepatitis B or Hepatitis C -related Illness who voluntary disclose
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their status to their employers. Including but not limited to flexible leave arrangements,
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re-schedulIng of work hours, and workforce re- Integration assistance, and facilitation of
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access to treatment.
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Section 14. Education on Biood Borne Virai Hepatitis. - The DOH together with
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other partners in the health sector shall strengthen the nationwide program on prevention


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of blood borne viral hepatitis by raising awareness on the disease and disease prevention,
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promoting universal coverage of Hepatitis B vaccination, and advocating for voluntary
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hepatitis testing in the general population.
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Section 15. Penalties. - Violations of any provision of this Act including, but not
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limited to, those related to the non-compulsory nature of Hepatitis B and C testing,
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discrimination in the workplace and confidentiality, shall be punished with imprisonment
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of not less than six (6) months but not greater than four (4) years, and a fine not
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exceeding Fifty Thousand pesos (P50,000.00). In addition, the licenses or permits of
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establishments, companies and other institutions found guilty of committing the
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discriminatory acts and policies described in this Act, shall be revoked.
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Section 16. Implementing Rules & Regulations. - The DOH and DOLE, in
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coordination with other relevant government agencies and private organizations and non-
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governmental organizations shall issue the Implementing Rules & Regulations necessary
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for the effective implementation of this Act within ninety (90) days from the effectivity
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thereof.
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Section 17. Appropriations. - The amounts necessary for the initial
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Implementation of the provisions of this Act shall be charged against the current year's
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appropriations of the DOH. Thereafter, the expenses for its continued implementation
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shall be included In the General Appropriations Act from funds appropriated to the DOH.
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Section 18. Separability Clause. - If any provision of this Act is declared
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unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions
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not affected thereby shall continue to be in full force and effect.
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Section 19. Repealing Clause. - All laws, decrees, executive orders, department
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or memorandum orders and other administrative issuances, or parts thereof, which are
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inconsistent with the provisions of this Act are hereby modified, superseded or repealed
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accordingly.


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Section 20. Effectivity. - This Act shall take effect fifteen (15) days after
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publication in the Official Gazette or In at least two (2) newspapers of general circulation.
Approved,