FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No.. 1640

EXPLANATORY NOTE

Prenatal transmission is the leading cause of pediatric HIV infections,
including AIDS cases. In fact, recent studies suggest that HIV-infected women
give birth and many babies continue to be born with HIV infection each year,
without the knowledge of appropriate government agencies like the Department of
Health.

While medical advances have made it possible to nearly eliminate prenatal
HIV transmission, as research studies have demonstrated that the administration
of antiviral medication during pregnancy, during labor, and immediately following
birth can significantly reduce the transmission of HIV from an infected mother to
her baby, the same could not be effectively employed if there is failure to detect
who among pregnant women are afflicted with the disease.

If only to abate the alarming increase of HIV cases in the country, all
pregnant women should he counseled and offered voluntary HIV testing.
Certainly, mandatory testing of newborns and universal HIV testing of pregnant
woman are the best approaches for identifying, treating, and preventing HIV
among pregnant women and children.

The proposed measure seeks to provide for HIV testing of pregnant women
and newly born infants, considering that appropriate counseling and treatment can
significantly reduce the number of pediatric HIV infections, including AIDS cases,
can improve access to and medical care for the woman and children, and can
provide opportunities to further reduce transmission among adults

Hence, immediate passage of the bill is earnestly sought.

RUFUS B. ROBRIGUEZ

MW

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B, Rodriguez, Jr.

1640

House Bill No.

AN ACT
PROVIDING FOR COUNSELING AND TESTING OF PREGNANT WOMEN AND
NEWBORN INFANTS FOR INFECTION WITH HUMAN IMMUNO DEFICIENCY
VIRUS 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 also be known as the “Women
and Children’s HIV Protection Act of 2010.”

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

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

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

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

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

4. Release the results of such testing of a newborn infant and promptly

disclose the same in accordance with the following, as applicable to the infant
involved:


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

b. To the legal guardian of the infant in appropriate case; and
c. To the child's health care provider.

SEC 4. Liabilities - Any health officer, physician or any other person
working for any government funded hospital, who fails to comply with the
mandatory requirements set forth in the preceding section shall be held
administratively and civilly liable, in accordance with appropriate provisions of the
Civil Code, the Rules of Court and other pertinent laws.

SEC 5. Guidelines - The Department of Health shall issue appropriate
guidelines, within two months after the effectivity of this Act making such testing,
counseling, and treatment the standard of care among government-funded
hospitals.

SEC 6. Separability Clause. - If any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provisions not otherwise
affected shall remain valid and subsisting

SEC 7. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly.

SEC 8. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved.