EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. 
864
Senate
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RECLi'/^OBr:
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
INSTITUTING A POLICY ON BLOODBORNE VIRAL HEPATITIS TESTING
AND SCREENING
EXPLANATORY NOTE
Hepatitis B and C infections are significant public health problems in the country. 
Both can cause chronic infection and are strongly linked with the development of 
liver cirrhosis and liver cancer which are incurable and fatal. Globally, around 57% of 
liver cirrhosis cases are attributed to Hepatitis B and C. An estimated 240 million 
people are chronically infected with hepatitis B, and more than 686,000 people die 
every year from complications due to the disease. 
In the Philippines, the 
Department of Health (DOH) estimates that 10% to 16% of Filipino adults suffer 
from chronic hepatitis B infection, and this accounts for more than two thirds of all 
cases of liver cancer, the second leading cause of cancer deaths in the country.
Majority of people with blood borne viral hepatitis are asymptomatic and could 
unknowingly transmit the disease. Nevertheless, measures are available to prevent 
the transmission of the disease primarily through the limitation of the exposure of 
uninfected individuals to infected blood and other bodily fluids. In addition, an 
effective vaccine for Hepatitis B is widely available and has been included in the 
government's Expanded Program on Immunization. 
An important aspect of 
preventing Hepatitis B and C transmission is public awareness on this disease.
Infection with blood borne viral hepatitis has a significant social impact not just from 
the disease but from fear, stigma, and discrimination. It has been reported that 
Filipinos with viral hepatitis find themselves subject to discrimination in the 
workplace. There are instances when individuals with positive blood tests are 
terminated or are not considered for employment even for jobs that have very low 
risk of disease transmission.
The Department of Labor and Employment (DOLE) Department Advisory No 05 
(Series of 2010) also known as the Guidelines for the Implementation of a Workplace 
Policy and Program on Hepatitis B was issued to protect the rights of workers with 
HBV and HCV. Despite this, cases of discrimination of HBV and HG/ positive 
individuals persist.


This situation highlights the need to revise our policy on Hepatitis B and Hepatitis C 
Testing to ensure that the rights of all Filipinos to privacy and confidentiality when it 
comes to their health conditions are protected and to improve access of HBV and 
HCV positive individuals to quality health care. Hence, the immediate passage of this 
measure is earnestly sought.
RISA HONTIVEROS ^  
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. B. No. 864
of tbf ib ttttiM q t.
19 AUG-5
R E C Ll, u [/ o .
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
INSTITUTING A POLICY ON BLOODBORNE VIRAL HEPATITIS TESTING
AND SCREENING
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title -  This Act shall be known as the "Bloodborne Viral Hepatitis
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Testing Act of 2019"
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Section 2. Declaration o f Policies. It is hereby declared that the policy of the State is
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to promote health and well-being of the population through prevention, early
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detection and treatment of diseases like bloodborne viral hepatitis, as well as, to
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protect the rights of people living with these diseases who suffer from stigma and
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discrimination through the promotion of voluntary and confidential testing of blood
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borne viral hepatitis and the prohibition of mandatory and routine screening of the
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same.
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Section 3. Definitions. For the purposes of this Act, the following definitions shall
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apply:
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(a) 
Bloodborne Viral Hepatitis refers to the disease caused by both Hepatitis B
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and Hepatitis C virus which can be transmitted by exposure to infected
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blood and other body fluids, producing, among others, jaundice and
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chronic inflammation of the liver.
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(b) 
Hepatitis B Virus (HBV) and Hepatitis C Virus (HCV), refers to the virus
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that causes Hepatitis B and Hepatitis C respectively. A safe and effective
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vaccine is available for Hepatitis B while there is none for Hepatitis C.
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Treatment modalities are available to effectively manage the symptoms
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and to prevent complications caused by these diseases.
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(c) 
Hepatitis Testing or Screening refers to any facility-based or mobile
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medical procedure that is conducted to determine the presence or


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absence of Hepatitis B or C or the circulating viral burden in a person's 
body.
(d) 
Workplace 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) 
Universal 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. Voluntary Hepatitis Testing -  As a matter of policy, the State shall 
encourage voluntary hepatitis testing. Written consent of the person taking the test 
or the parent or legal guardian of a minor or legally incapacitated taking the test, 
must be obtained before such testing. 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 educational institutions, shall be prohibited.
Section 5. Confidentiality o f 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 fo r 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:


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a. When it is necessary to test a person, who is charged with any of the offenses
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punishable under Article 264, 266, 335 and 338 of the Revised Penal Code, as
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amended by Republic Act No. 8353, otherwise known as the Anti-Rape Law of
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1997;
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b. As a prerequisite in the donation of blood in compliance with the provisions of
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Republic Act No. 7170, otherwise known as the Organ Donation Act, and
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Republic Act No. 7719, otherwise known as the National Blood Services Act;
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c. As part of surveillance and management of blood borne hepatitis among
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health care workers involved in exposure prone procedures. Provided that, it
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shall not be a pre-requisite for admission to or a basis for expulsion or any
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disciplinary action in an educational institution for health care workers or for
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employment or re-employment in a health care facility; Provided further that,
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positive results of such testing shall not be used as justification for the
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termination of a health care worker employed in a health facility.
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Section 8. Testing fo r Organ D onation. -  Lawful consent to HBV and HCV
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testing of a donated human body, organ, tissue, or blood shall be considered as
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having been given when:
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a) A person volunteers or freely agrees to donate one's blood, organ, or tissue
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for transfusion, transplantation, or research; and
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b) A legacy 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 Individuals w ith Clinical Justification
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fo r Testing -  Hepatitis testing shall be highly encouraged among individuals who,
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based on a reasonable assessment of a physician, shall benefit from the conduct of
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said testing. P ro v id e d v o lu n ta ry  consent must be obtained prior to such testing,
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adequate counselling must be provided, and that any individual who refuses to
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undergo such testing shall not be subjected to discriminatory acts as defined in
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Section 12.
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Section 10. Prevention, Detection, and Management o f Blood Borne
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Hepatitis in Workplace Settings w ith High-Risk o f Transmission -  In
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institutions or workplace settings with high-risk of transmission like hospitals, health
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facilities, diagnostic clinics, blood donation centers, among others, measures to
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interrupt transmission of blood borne viral hepatitis from health provider to patient
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and vice versa shall be adopted, including but not limited to:
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(a) Routine surveillance of personnel performing exposure prone procedures and
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provision of support and access to treatment for those with positive results;
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(b) Hepatitis B vaccination for all personnel if they have no documented evidence
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of pre-existing immunity;
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(c) Strict adherence and practice of universal precautions and provision of
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personal 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 facilities and mechanisms to 
ensure proper disposal of infectious and potentially contaminated materials;
(e) Development of protocols for the management of health workers exposed to 
agents contaminated with blood 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.
Section 11. R egulation o f  H e p a titis Testing S ervices -  To ensure access to 
voluntary and confidential hepatitis testing, the DOH shall:
a. Regulate public and private facilities that conduct hepatitis testing services. 
Provided, thatovX'i DOH-accredited hepatitis testing facilities shall be allowed 
to conduct such testing;
b. Develop the guidelines for voluntary and confidential hepatitis testing 
including protocols for counselling and referral to health providers for further 
evaluation and management;
Section 12. D iscrim in a to ry A c ts - Ih e  following discriminatory acts and practices 
shall be prohibited:
a. Discrimination in any form, from pre-employment to post-employment, 
including hiring, assignment, promotion, based on the actual or perceived HBV 
or HCV status of an individual, non-disclosure of one's own or another 
person's HBV and HCV status, or refusal to undergo hepatitis testing;
b. Termination from work on the sole basis of actual, perceived, or suspected 
HBV or HCV, non-disclosure of one's own or another person's HBV and HCV 
status, or refusal to undergo hepatitis testing;
c. Refusal of admission, expulsion, segregation, imposition of harsher disciplinary 
actions, or denial of benefits or services of a student or a prospective student 
solely or partially on the basis of actual, perceived or suspected HBV or HCV, 
non-disclosure of said status, or refusal to undergo hepatitis testing;
d. Exclusion from health, accident, or life insurance, credit and loan services, 
including the extension of such loan or insurance facilities, of an individual 
solely or partially on the basis of actual, perceived, or suspected HBV and HCV 
status: Provided, That the person with positive HBV and HCV has not 
misrepresented the fact to the insurance company or loan or credit service 
provider upon application;
e. Denial of or provision of subpar health services or being charged with a higher 
fee, on the basis of actual, perceived or suspected HBV or HCV status, non­
disclosure of said status, or refusal to undergo hepatitis testing;
f. Denial and deprivation of private health insurance under a Health Maintenance 
Organization (HMO) and private life insurance coverage under a life insurance 
company on the basis of the person's HBV and HCV status: Provided, That\he


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person with positive HBV and HCV has not misrepresented such fact to the 
Health Maintenance Organization (HMO) and private life insurance company 
upon application
Other similar or analogous discriminatory acts.
Section 13: Protection o f Workers w ith Blood Borne Viral Hepatitis -
Employers shall adopt all reasonable measures to accommodate workers who are 
HBV-positive, HCV-positive, or affected by a Hepatitis B or Hepatitis C -related illness 
who voluntary disclose their status to their employers, including but not limited to 
flexible leave arrangements, re-scheduling of work hours, and workforce re­
integration assistance, and facilitation of access to treatment.
Section 14. Education on Blood Borne Viral Hepatitis -  The DOH together with 
other partners in the health sector shall strengthen the nationwide program on 
prevention of blood borne viral hepatitis by raising awareness on the disease and 
disease prevention, promoting universal coverage of Hepatitis B vaccination, and 
advocating for voluntary hepatitis testing in the general population.
Section 15. Penalties -  Violations of any provision of this Act including, but not 
limited to, those related to the non-compulsory nature of Hepatitis B and C testing, 
discrimination 
in the workplace and confidentiality, shall 
be 
punished with 
imprisonment of not less than six (6) months but not greater than four (4) years, and 
a fine not exceeding Fifty Thousand pesos (P50,000.00). In addition, the licenses or 
permits of establishments, companies and other institutions found guilty of 
committing the discriminatory acts and policies described in this Act, shall be 
revoked.
Section 16. Im plem enting Rules & Regulations -  The DOH and DOLE, in 
coordination with other relevant government agencies and private organizations and 
non-governmental organizations shall issue the Implementing Rules & Regulations 
necessary for the effective implementation of this Act within ninety (90) days from 
the effectivity thereof.
Section 
17. 
Appropriations -  
The 
amounts 
necessary 
for 
the 
initial 
implementation of the provisions of this Act shall be charged against the current 
year's appropriations of the DOH. Thereafter, the expenses for its continued 
implementation shall be included in the General Appropriations Act from funds 
appropriated to the DOH.
Section 18. Separability Clause -  If any provision of this Act is declared 
unconstitutional or invalid by a court of competent jurisdiction, the remaining 
provisions not affected thereby shall continue to be in full force and effect.
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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


1 
are inconsistent with the provisions of this Act are hereby modified, superseded or
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repealed accordingly.
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Section 20. E ffe c tiv ity  -  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
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circulation.
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Approved,