RECEIVED
‘SEVENTEENTH CONGRESS Date: _30 JUN 2016
CONGRESS OF THE PHILIPPINES... yp

First Regular Session
HOUSE OF REPRESENTATIVE] By:

581

REGIST!
BI

Introduced by REPRESENTATIVE PIA S. CA

House Bill No.

EXPLANATORY NOTE

More than a decade after Republic Act 8504 or the Philippine AIDS Prevention and
Control Act of 1998 became law, the HIV/AIDS problem in the Philippine has worsened
contrary to the primary goal of the legislation, which was to thwart the growing prevalence of
this disease in the country.

Since the year 2000, there has been a steady increase in the number of HIV/AIDS
positive cases reported in the Philippine HIV and AIDS Registry. The Philippines, in fact,
remains one of only seven countries in the world where the number of new HIV cases has
increased by over 25% from 2001 to 2009." In 2008, there was 1 new HIV case diagnosed
per day. In 2015, there were 22 new HIV cases diagnosed each day.” In November of 2015
alone, there were 627 new HIV cases. In the same month, there were 174 reported deaths,
which is likely an underestimate of the total number of deaths among people with HIV in the
Philippines.®

The alarming rise in HIV/AIDS incidence and the continuing culture of silence that
surrounds the disease raise questions on the effectiveness of RA 8504. Budgetary
constraints, organizational confusion, and policy incongruence have hindered the full
implementation of the law to effect its legislative purpose.

This bill seeks to address the gaps in RA 8504 and make it more responsive to what is,
feared to be an impending epidemic, through the following: 1) strengthen the governance
structure that spearheads HIV/AIDS response; 2) clarify and refine the roles of state
institutions to promote efficiency and reinforce governmental capabilities in addressing the
disease; 3) harmonize the HIV/AIDS response with other related laws, policies and
programs; and 4) highlight the significant roles of people living with HIV/AIDS and local
communities in raising awareness about the disease and reducing the stigma attached to it,
and bringing to the fore existing realities on the ground to generate immediate and relevant
policy and societal change.

The fight against the spread of HIV/AIDS necessitates an inclusive, integrative,
nondiscriminatory, and comprehensive approach that emphasizes cohesive and sustained
collective action. Indeed, there is no better time to address the looming HIV/AIDS crisis than
the present, while we still can. We must not forget that a prosperous nation starts with a

PI é YE i
1A S. CAYESANO,

* http://www unicef.org/philippines/hivaids. html Vp-2HWOrLZs
? HIVIAIDS & ART Registry of the Philippines. Department of Health (November 2015).
"bia.

HOUSE "F REPRESENTATIVES


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SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

House Bill No. 581

Introduced by REPRESENTATIVE PIA S. CAYETANO

AN ACT
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HIV AND
AIDS PREVENTION, TREATMENT, CARE AND SUPPORT AND ESTABLISHING
THE PHILIPPINE NATIONAL HIV AND AIDS PROGRAM, REVISING FOR THE
PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS ‘THE
PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998’, AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “The Revised Philippine
HIV and AIDS Policy and Program Act’

SEC. 2. Declaration of Policies. - The Human Immunodeficiency Virus and
Acquired Immune Deficiency Syndrome (HIV and AIDS) are public health concerns
that have wide-ranging social, political, and economic repercussions. Responding to
the HIV and AIDS epidemic is therefore imbued with public interest, and 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 equality, 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 involved in 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

4. Positively address and seek to eradicate conditions that aggravate the
spread of HIV infection, including but not limited to, poverty, gender inequality,
prostitution, marginalization, drug abuse and ignorance.


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

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

SEC. 3. Definition of Terms. - As used in this Act, the following terms shall be
defined as follows:

a, Acquired Immune Deficiency Syndrome (AIDS) refers to a condition where a
body's immune system is reduced due to HIV infection, making an individual
susceptible to opportunistic infections:

b. Anti-retroviral Treatment refers to the treatment that stops or suppresses a
retrovirus like HIV;

c. Civil Society Organizations (CSOs) refer to a group or groups of non-
governmental and non-commercial individuals or legal entities that are engaged in
uncoerced collective action around shared interests, purposes and values;

d. Community-based research takes place in community settings and involves
community members in the design and implementation of research projects.

e. Compulsory HIV Testing refers to HIV testing imposed upon an individual
characterized by lack of consent, use of force or intimidation, the use of testing as
a prerequisite for employment or other purposes, and other circumstances when
informed choice is absent;

f. Discrimination refers to any action taken to distinguish, exclude, restrict or show
preference based on any ground such as sex, gender, age, sexual orientation,
gender identity, economic status, disability and ethnicity, 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;

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


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h, 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 other
experience of gender, among them, dress, speech, and mannerism;

i. HIV and AIDS Counselor refers to any individual trained by an institution or
organization accredited by the Philippine National AIDS Council (PNAC) to
conduct training or counseling on HIV and AIDS, HIV prevention, and human
rights and stigma reduction;

j. HIV Counseling refers to the provision of information on HIV and AIDS, how it is
spread and how it may be prevented, risk-reduction approaches, and information
on treatment, care and support for persons living with HIV, which is conducted
before and after HIV testing;

k. HIV Testing refers to any facility-based or mobile medical procedure that is
conducted to determine the presence or absence of HIV in person's body, 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-Related Testing refers to any laboratory testing or procedure done on an
individual whether the person is HIV positive or negative;

m. 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:

n. Human Immunodeficiency Virus (HIV) refers to the virus that causes AIDS;

0. Key Affected Populations at Higher Risk of HIV Exposure or ‘Key
Populations’ refer to those persons whose behavior make them more likely to
be exposed to HIV or to transmit the virus, as determined by PNAC. The term
includes children below the age of eighteen (18); youth and adults living with HIV;
men who have sex with men; transgender persons; people who inject drugs; and
people who sell sexual services or favors,

p. Laboratory refers to areas or places where research studies are being
undertaken to further develop local evidence base for effective HIV programs;

q. Non-Mandatory HIV Anti-Body 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. The person may elect to decline or
defer testing such that consent is conditional;

r. Opportunistic Infection (Ol) refers to illnesses caused by various organisms,
many of which do not cause disease in persons with healthy immune systems;

s. Person Living with HIV refers to any individual diagnosed to be infected with
HIV;


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t. Sexually Transmitted Infections (STI) refer to infections that are spread through
the transfer of organisms from one person to another through sexual contact;

u. 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;

v. 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;

w. Stigma refers to the dynamic devaluation and dehumanization of an individual in
the eyes of others which may be based on attributes that are arbitrarily defined by
others as discreditable or unworthy and which results in discrimination when acted
upon;

x. Treatment Hubs refer to private and public hospitals or medical establishments
accredited by the Department of Health (DOH) to have the capacity and facility to
provide anti-retroviral treatment;

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

z. Vulnerable Communities refer to communities and groups who are 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;

aa. Work Place refers to the office, premises and 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

SEC. 4, Philippine National AIDS Council. - The Philippine National AIDS Council
(PNAC), hereinafter referred to as the Council, established under Section 43 of R.A
8504 otherwise known as the “Philippine AIDS Prevention and Control Act of 1998",
shall be reconstituted and strengthened to ensure the implementation of the
country's response to the HIV and AIDS epidemic. The Council shall be the central
policy-making, planning, implementing, coordinating and advisory body for Philippine
National HIV and AIDS Program. It shall be an agency attached to the Department
of Health

SEC. 5. Functions of the PNAC. - The Council shall perform the following
functions:

1. Develop the National HIV and AIDS Program in collaboration with
relevant government agencies and civil society organizations;

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Ensure the operationalization and implementation of the National HIV and
AIDS Program;

Coordinate with government agencies that are mandated to implement
the provisions of this Act,

Develop, enforce, and/or ensure the implementation of the guidelines and
policies that are stipulated in this Act, including other policies that may be
necessary to implement the National HIV and AIDS Program;

Monitor the progress of the epidemic;

Monitor the implementation of the National HIV and AIDS Program,
undertake mid-term assessments and evaluate its impact, and conduct
annual reporting to Congress;

Strengthen the collaboration between government agencies and civil
society organizations involved in the implementation of the National HIV
and AIDS Program, including the delivery of HIV and AIDS related
services;

Organize itself to enhance the efficiency of the multi-agency and multi-
sectoral structure;

Mobilize domestic and international sources of fund to finance the
National HIV and AIDS Program;

10. Coordinate and cooperate with foreign and international organizations

regarding funding, data collection, research, and prevention and
treatment modalities on HIV and AIDS; and

11, Recommend policy reforms to Congress, DOH and other government

agencies to strengthen the country’s response to the epidemic.

SEC. 6. Membership and Composition. - a) The Council shall be composed of
twenty-six (26) members as follows

The Secretary of the Department of Health;
The Secretary of the Department of Education;
The Chairperson of the Commission on Higher Education;
The Director-General of the Technical Education and Skills
Development Authority;
The Secretary of the Department of Labor and Employment;

The Secretary of the Department of Social Welfare and Development;
The Secretary of the Department of the Interior and Local Government;
The Secretary of the Department of Justice;

The Director-General of the National Economic and Development

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Conon

Authority;

10. The Secretary of the Department of Tourism;

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41. The Secretary of the Department of Budget and Management;
42. The Secretary of the Department of Foreign Affairs;
13. The Head of the Philippine Information Agency;
14. The President of the League of Governors;
15. The President of the League of City Mayors;
16. The Chairperson of the Committee on Health of the Senate;
17. The Chairperson of the Committee on Health of the House of
Representatives;
18. Two (2) representatives from organizations of medical/health
professionals;
19. Six (6) representatives from non-government organizations involved in
HIV and AIDS prevention and control efforts or activities; and
20. A representative of an organization of persons living with HIV.

b) The heads of government agencies may be represented by an official from their
respective agencies with a rank not lower than an Undersecretary;

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

d) To the greatest extent possible, appointment to the Council must ensure sufficient
and discernible representation from the fields of medicine, education, health care,
law, labor, ethics and social services;

e) The members of the Council shall be appointed not later than thirty (30) days after
the date of the enactment of this Act;

f) The Secretary of Health shall be the permanent Chairperson of the Council
However, the Vice-Chairperson shall be elected from among the members, and
shall serve for a term of two (2) years; and

g) Members representing medical or health professional groups and the six (6) non-
government organizations shall serve for a term of two (2) years, renewable upon
recommendation of the Council for a maximum of two (2) consecutive terms.

SEC. 7. Secretariat. - The PNAC shall be supported by a Secretariat consisting of
personnel with the necessary technical expertise and capability who shall be
conferred permanent appointments, subject to Civil Service rules and regulations. It
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:
1, Coordinate and manage the day-to-day affair of the Council

2. Assist in the the formulation, monitoring, and evaluation of the National HIV
and AIDS Programs and policies;


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

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

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

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

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

8. Provide administrative support to the Council; and
9. Perform other functions as may be provided by the Council

SEC. 8. HIV Prevention. - The government 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, especially among 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.

a. Evidence-Informed, Gender Sensitive, Age-Appropriate, and Human Rights-Based
Preventive Measures — The HIV and AIDS prevention programs shall be based on
up-to-date evidence and scientific strategies and shall be age-appropriate. The
government shall therefore actively promote safer sex behavior, especially among
key populations; safer practices that reduce risk of HIV infection: access to
treatment; consistent sexual abstinence and sexual fidelity; and consistent and
correct condom use.

b. HIV and AIDS Education as a Right to Health and Information - HIV and AIDS
education and information dissemination shall form part of the right to health. The
knowledge and capabilities of all public health practitioners, workers and
personnel shall be enhanced to include skills for proper information dissemination
and education on HIV and AIDS. It shall likewise be considered a civic duty of
health providers in the private sector to make available to the public such
information necessary to control the spread of HIV and AIDS and to correct
common misconceptions about the disease, The training of health workers shall
include discussions on HIV-related ethical issues such as confidentiality, informed
consent and the duty to provide treatment.

¢. HIV and AIDS Education and Information. - The State shall educate the public,
especially the key populations and vulnerable communities, on HIV and AIDS and
other sexually transmitted infections, with the goal of reducing risky behavior,
lowering vulnerabilities, and promoting the human rights of persons living with
HIV.


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1. HIV and AIDS Education for Key Populations and Vulnerable Communities.
- To ensure that HIV services reach populations at higher risk, the State,
through the PNAC and in collaboration with HIV and AIDS civil society
organizations, shall support and provide funding for HIV and AIDS
education programs, such as peer education, outreach activities and
community-based research. The PNAC shall likewise craft the guidelines
for peer education and outreach activities which may be undertaken in
various settings including laboratory-based activities.

2. Age-Appropriate HIV and AIDS Education in Schools. - Using official
information and data from the PNAC, 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 subjects taught in public and private schools at
intermediate grades, secondary and tertiary levels, including non-formal
and indigenous learning systems.

The learning modules shall include information on treatment, care and
support to promote stigma reduction.

The learning modules that shall be developed to implement this provision
shall be done in coordination with the PNAC and stakeholders in the
education sector. Referral mechanisms, including but not limited to, the
DSWD Referral System, shall be included in the modules for key
populations and vulnerable communities.

All teachers and instructors to be assigned to handle these learning
modules shall be required to undergo seminars or trainings on HIV and
AIDS prevention that shall be supervised by the PNAC in coordination with
concerned agencies.

3. HIV and AIDS Education in the Workplace. - All public and private
employees, workers, managers, and supervisors, including members of the
‘Armed Forces of the Philippines (AFP) and the Philippine National Police
(PNP), shall be provided with standardized basic information and
instruction on HIV and AIDS, including topics on confidentiality in the
workplace and reduction or elimination of stigma and discrimination.

The Department of Labor and Employment (DOLE) for the private sector
and the Civil Service Commission (CSC) for the public sector shall
implement this provision. The DOLE and the CSC shall ensure that the HIV
and AIDS education program in the workplace is industry or sector-
appropriate and shall ensure the full participation of employers and workers
in designing the content of the program. Referral mechanisms for key
populations and vulnerable communities shall also be developed and
instituted by the DOLE and the CSC in coordination with the PNAC.


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4, HIV and AIDS Education for Filipinos Going Abroad. - In coordination with
the PNAC, the Department of Foreign Affairs (DFA) and the DOLE shall
ensure that all overseas Filipino workers, including diplomatic, military,
trade, labor officials, 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.

5. HIV and AIDS Education in Communities - The DILG, League of Governors
and League of Mayors, through the Local HIV and AIDS Council (LAC) or
the Local Health Board and in coordination with the PNAC, local
governments shall conduct public awareness campaigns on HIV and AIDS
and shall educate local communities, through various channels, on
evidence-based, gender-sensitive, age-appropriate and human  rights-
oriented prevention tools to stop the spread of HIV. For these purposes,
the LGUs are hereby authorized to utilize the Gender and Development
(GAD) Funds for HIV and AIDS education in communities

In coordination with the Department of Social Welfare and Development,
local governments shall also conduct age-appropriate HIV and AIDS
education for out-of-school youths

6. Information for Tourists and Transients - Educational materials on the
cause, modes of transmission, prevention, and consequences of HIV
infection shall be adequately provided at all international ports of entry and
exit, The Department of Tourism (DOT), the DFA, and the Bureau of
Immigration (BI), in coordination with the PNAC stakeholders in the tourism
industry, shall lead the implementation of this provision.

d. HIV Counseling and HIV Testing. - The State shall ensure that HIV testing is
voluntary and confidential. All HIV testing facilities shall be required to provide free
HIV counseling to individuals who wish to avail of HIV testing and counseling
which shall likewise be confidential. To implement this provision:

1. The DOH shall accredit public and private HIV testing facilities based on
their capacity to deliver testing services, including HIV counseling. Only
DOH-accredited HIV testing facilities shall be allowed to conduct HIV
testing;

2. The DOH shall lead the development of the guidelines for the conduct of
HIV counseling and HIV testing, including mobile HIV counseling and
testing, by testing facilities. The guidelines shall ensure, among others, that
HIV testing is voluntary and confidential and that HIV counseling is
available at all times and provided by qualified persons and DOH-
accredited providers;

3. The DOH shall accredit institutions or organizations that train HIV and AIDS
counselors; and


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4. The PNAC shall set the standards for HIV counseling and shall work
closely with HIV and AIDS civil society organizations that train HIV and
AIDS counselors and peer educators.

Positive Prevention — The DOH shall lead, in coordination with the local
government units, and other relevant government agencies, private sector and
civil society organizations, in promoting preventive measures that shall focus
on the positive roles of persons living with HIV. Such preventive measures
shall cover, among others: (i) the creation of rights-based and community-led
behavior change programs that seek to encourage HIV risk reduction behavior
among persons living with HIV; (ii) the establishment and enforcement of
rights-based mechanisms to encourage newly tested HIV-positive individuals
to conduct sexual contact tracing and to promote HIV status disclosure to
sexual partners; (iii) the establishment of standard precautionary measures_in
public and private health facilities; (iv) the accessibility of anti-retroviral
treatment, management of opportunistic infections, and health services related
to sexually transmitted infections; and (v) the mobilization of communities of
persons living with HIV, for public awareness campaigns and stigma reduction
activities. The enforcement of this provision shall not lead to or result in the
discrimination or violation of the rights of persons living with HIV.

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

Standard Precaution. - The DOH shall establish guidelines on donation of
blood,

tissue or organ, surgical and other similar procedures based on the following
principles:

1. Donation of tissue or organs, whether gratuitous or onerous, shall be
accepted by a laboratory or institution only after a sample from the donee
has tested negative for HIV. All donated blood shall also be subjected to
HIV testing. HIV positive blood shall be disposed of properly and
immediately. A second testing may be demanded as a matter of right by the
blood, tissue, or organ recipient or his immediate relatives before
transfusion or transplant, except during emergency cases.

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

2, The DOH, in consultation with concemed professional organizations and
hospital associations, shall issue guidelines on precautions against HIV
transmission during surgical, dental, embalming, tattooing or similar
procedures and guidelines on the handling and disposition of cadavers,
body fluids or wastes of persons known or believed to be HIV positive. The
necessary protective equipment such as gloves, goggles and gowns shall
be made available to all physicians and health care providers and similarly
‘exposed personnel at all times

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SEC. 9. Treatment, Care and Support for Persons Living with HIV and AIDS. -

a. National HIV and AIDS Treatment Program. - The DOH shall establish a program
to provide free and accessible anti-retroviral treatment to all indigents living with
HIV and AIDS. Free medication for opportunistic infections shall also be provided
to persons living with HIV who are enrolled in the program. It shall likewise
establish or accredit public and private treatment hubs and shall have the authority
to develop guidelines on the provision of anti-retrovirals

b. Health Insurance. - The Philippine National 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. The PHILHEALTH shall enforce
confidentiality in the provision of these packages to persons living with HIV.

No person living with HIV shall be denied of private health and life insurance
coverage on the basis of the person’s HIV status. The Insurance Commission
shall implement this provision and shall develop the necessary policies to ensure
compliance.

c. 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 DOLE, and the DSWD, in
coordination with the TESDA and with local government units, shall develop
programs to ensure economic empowerment and provide economic support to
persons living with HIV.

4. Care and Support for Persons Living with HIV. - The DSWD 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.

e. Care and Support for Overseas Workers Living with HIV. - The Overseas Workers
Welfare Administration (OWWA), in coordination with the DSWD and the DFA,
shall develop a program to provide a stigma-free comprehensive reintegration,
care and support program, including economic, social and medical support, for
overseas workers who have been repatriated or are about to be repatriated due to
their HIV status.

SEC. 10. Stigma Reduction and Human Rights. -— The country's response to the
HIV and AIDS phenomena shall be anchored on the principles of human rights and
human dignity, and public health concerns shall be aligned with the following
internationally- recognized human rights instruments and standards:

a. Prohibition on Compulsory 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,

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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

In keeping with the principle of “evolving capacities of the child” as defined in
Section 3 (g) of this Act, HIV testing and counseling shall be made available to a
child under the following conditions:

1. The child, who is above the age of fifteen (15) years but below eighteen
(18) years, expresses the intention to submit to HIV testing and counseling
and other related services,

2. Reasonable efforts were undertaken to locate, provide counseling to, and
to obtain the consent of, the parents, but the parents are absent or cannot
be located, or otherwise refuse to give their consent;

3. Proper counseling shall be conducted by a social worker, health care
provider or other health care professional, accredited by the DOH or
DSWD; and

4, The licensed social worker, health care provider or other health care
professional shall determine that the child is ‘at higher risk of HIV
exposure,” as defined in Section 3 (0) of this Act, and that the conduct of
the testing and counseling is in the child's best interest and welfare.

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

as

4, A person 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:

2. The determination of HIV status is necessary to resolve the relevant issues
under the Family Code;

3. To comply with the provisions of Republic Act No. 7170, also known as the
“Organ Donation Act of 1991” ;

4. To comply with the provisions of Republic Act No. 7719, otherwise known
the “National Blood Services Act of 1994”; and

5. Pre-surgical screening test as a precaution against transmission of blood-
borne infection

Stigma-Free HIV and AIDS Services - The PNAC, in cooperation with public and

private HIV and AIDS service providers and civil society organizations, and in
collaboration with the Commission on Human Rights, shall ensure the delivery of
stigma-free HIV and AIDS services by government and private HIV and AIDS
service providers

12


. 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.

1. A person volunteers or freely agrees to donate his or her blood, organ, or
tissue for transfusion, transplantation, or research;

2. A person has executed a legacy in accordance with Sec. 3 of Republic Act
No. 7170; and

Seowiudsaueuns

Wl 3. A donation is executed in accordance with Sec. 4 of Republic Act No. 7170.

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13 e, HIV Anti-Body Testing for Pregnant Women — A health care provider who offers
14 pre-natal medical care shall make a non-mandatory HIV anti-body testing
15 available for pregnant women practicing high risk behavior or are vulnerable to
16 HIV. The DOH shall provide the necessary guidelines for health care providers in
17 the conduct of the screening procedure

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19 f, Redress Mechanism. - The Department of Justice and the Commission on Human
20 Rights shall take the lead in developing redress mechanisms for persons living
21 with HIV to ensure that their civil, political, economic and social rights are
22 protected.

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24 g. Acts of Discrimination. - The following discriminatory acts shall be prohibited:
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26 1. Rejection of job application, termination of employment, or other
27 discriminatory policies in hiring, provision of employment and other related
28 benefits, promotion or assignment of an individual solely or partially on the
29 basis of actual, perceived, or suspected HIV status;

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31 2. Refusal of admission, expulsion, segregation, imposition of harsher
32 disciplinary actions, or denial of services or benefits, of a student or
33 prospective student solely or partially on the basis of actual, perceived or
34 suspected HIV status:

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36 3. Restrictions on travel within the Philippines, refusal of lawful entry to the
37 Philippine territory, deportation from the Philippines, or the quarantine or
38 enforced isolation of travelers solely or partially actual, perceived or
39 suspected HIV status;

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41 4, Restrictions on housing or lodging solely or partially on the basis of actual,
42 perceived or suspected HIV status;

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44 5. Prohibitions on the right to seek an elective or appointive public office solely
45 or partially on the basis of actual, perceived or suspected HIV status;

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47 6. Exclusion from health, accident, or life insurance, credit and loan services,
48 including the extension of such loan or insurance facilities, of an individual
49 solely or partially on the basis of actual, perceived or suspected HIV status

50 Provided, That the person living with HIV has not misrepresented the fact

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SEC. 11. Immunity for HIV Educators, Licensed Social 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 Section 8 hereof, or in relation to the legitimate exercise
of protective custody of children, whenever applicable. The Department of Justice
(DOJ), the DILG and the PNP, in coordination with the PNAC, shall develop the
mechanism for the implementation of this provision

SEC. 12. Confidentiality. - The State shall guarantee the confidentiality and privacy
of any individual who has been tested for HIV, has been exposed to HIV, has HIV
infection or HIV and AIDS-related illnesses, or has been treated for HIV-related
illnesses.

a. Confidential HIV and AIDS Information - Unless otherwise provided in Section 12
(c) of this Act, it shall be unlawful to disclose, without written consent, information
that a person:

1, Had an HIV-related test;
2. Has HIV infection, HIV-related illnesses, or AIDS; or
3. Has been exposed to HIV.

The prohibition shall apply to any person, natural or juridical, whose work or
function involves the implementation of this Act or the delivery of HlV-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

It shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio
broadcasting, producer and director of the film 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.

b. Release of HIV Testing and HIV-Related Test Result. - The result of any HIV
testing or HlV-related testing shall be released only to the individual who
submitted to the test, or the spouse, upon receipt of post-test counseling, if
applicable. If the patient is a minor, an orphan, or is mentally incapacitated, the

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result may be released to either of the patient's parents, legal guardian, or a duly
assigned social worker, whichever is applicable.

c. Exemptions. - Confidential HIV and AIDS information may be released by HIV
testing facilities without written consent on the following grounds:

1. When complying with the 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;

2. When informing other health workers directly involved in the treatment or
care of a person living with HIV: Provided, That such workers shall be
required to perform the duty of shared medical confidentiality;

3.When responding to a subpoena duces tecum and subpoena ad
testificandum issued by a Court with jurisdiction over a legal proceeding
where the main issue is the HIV status of an individual: Provided, That the
confidential medical record, after having been verified for accuracy by the
head of the office or department, shall 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

d. Disclosure to Sexual Partners. - Any person who, after having been tested, is
found to be infected with the HIV virus, is obliged 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
medical professionals, health workers, or peer educators to support him in
disclosing this health condition to one’s partner or spouse.

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

SEC. 13. National HIV and AIDS Program. - A six-year National HIV and AIDS
Program shall be formulated and periodically updated by PNAC. The Program shall
comprise of 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 response; ¢) the five-year operationalization of the program and the
identification of the government agencies that shall implement the 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. 14. National HIV and AIDS and STI Prevention and Control Program of the
Department of Health - The National HIV and AIDS and STI Prevention and Control
Program (NASPCP) of the Department of Health, which shall be staffed by qualified
medical specialist and support personnel with permanent appointments, shall
coordinate with PNAC for the implementation of the health sector's HIV and AIDS
and STI response, as identified in the National HIV and AIDS Program.

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SEC. 15. HIV and AIDS Monitoring and Evaluation. — The DOH shall establish 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 response determine the efficacy and adequacy of
HIV prevention and treatment programs;

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 all 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 an annual report to the Office of the President, Congress, and members of
the PNAC the findings of its monitoring and evaluation activities in compliance
with this mandate.

SEC. 16. Misinformation on HIV and AIDS as a Prohibited Act. - Misinformation
on HIV and AIDS through false and misleading advertising and claims, or the
promotional marketing of drugs, devices, agents or procedures without prior approval
from the PNAC, and the Food and Drug Authority (FDA) and 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.

SEC. 17. Prohibition on the Use of Condoms, Other Safer Sex Paraphernalia,
and Sterile Injecting Equipment as Basis for Raids and Similar Police
Operations - |t shall be unlawful to use the presence of used or unused condoms,
other safer sex paraphernalia and sterile injecting equipment to conduct raids or
similar police operations in sites and venues of HIV prevention interventions.

The DILG and DOH, in coordination with the DDB, shall establish a national policy to
guarantee the implementation of this provision.

SEC. 18. Penalties. - The following penalties and sanctions shall be imposed for the
offenses enumerated in this Act

a. Any person found guilty of violating Section 9 (b); Section 10 (b) ; Section 10 (g);
and Section 12 (a, b ,c and e) of this Act shall suffer the penalty of imprisonment
for 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 Pesos
(P500,000.00), without prejudice to the imposition of administrative sanctions such
as fines and suspension or revocation of the entity's business permit, license or
accreditation or the individual's license to practice his or her profession.

b. Any person who commits any act of discrimination as stipulated in Section 10 (g)
of this Act may face liability under Articles 19, 20, and 21 of the Civil Code.

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c. Any person found guilty of violating Section 11 of this Act shall suffer the penalty
of imprisonment for six (6) months to five (5) years and a fine of not less than One
Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred
Thousand Pesos (P500,000.00): Provided, That if the violator is a law enforcer or
a public official, administrative sanctions may be imposed in addition to the above
penalties.

d. Any person found guilty of violating Section 16 of this Act shall suffer the penalty
of imprisonment for two (2) months to two (2) years, without prejudice to the
imposition of administrative sanctions such as fines and suspension or revocation
of professional or business license.

e. Any person or any law enforcer found guilty of violating Section 17 of this Act shall
suffer the penalty of imprisonment for one (1) year to five (5) years and a fine of
not less than One Hundred Thousand Pesos (P100,000.00) but not more than
Five Hundred Thousand Pesos (P500,000.00). Law enforcers found guilty of
violating this section shall be removed from public service.

{. Any person who knowingly or negligently causes another to get infected with HIV
in the course of the practice of one's profession through unsafe and unsanitary
practice or procedure is liable to suffer a penalty of imprisonment for six (6) years
to twelve (12) years, without prejudice to the imposition of administrative sanctions
such as fines and suspension or revocation of the license to practice one’s
profession. The permit or license of any business entity and the accreditation of
HIV testing centers may be cancelled or withdrawn if said establishments fail to
maintain such safe practices and procedures as may be required by the guidelines
formulated in compliance with Section 8 (g) (2) of this Act

The penalties collected pursuant to this Section shall be deposited in the National
Treasury as income of the general fund

SEC. 19. 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 the government offices, heads of private and
Public schools or training institutions, and local chief executives over all private
establishments within their territorial jurisdiction, to prevent or deter acts of
discrimination against persons living with HIV, and to provide for procedures for the
resolution, settlement, or prosecution of acts of discrimination. Towards this end, the
employer, head of office or local chief executive shall

a. Promulgate rules and regulations prescribing the procedure for the investigation of
discrimination cases and the administrative sanctions thereof,

b. Create a permanent committee on the investigation of discrimination cases. The
committee shall conduct meetings to increase the knowledge and understanding
of HIV and AIDS, and to prevent incidents of discrimination. It shall also conduct
the administrative investigation of alleged cases of discrimination

SEC.20. Congressional Oversight Committee. - To ensure the effective
implementation of this Act, a Congressional Oversight Committee shall be

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established, hereinafter referred to as the HIV and AIDS Oversight Committee, that
shall be composed of three members (3) from the Senate, who shall include the
Chairperson of the Senate Committee on Health and Demography, and three (3)
members from the House of Representatives, who shall include the Chairperson of
the House Committee on Health. The HIV and AIDS Oversight Committee shall be
jointly chaired by the Chairpersons of the Senate Committee on Health and
Demography and the House Committee on Health

The oversight committee shall exist for a period not exceeding three (3) years from
the effectivity of this Act, after which the oversight functions shall be undertaken by
the Committee on Health and Demography of the Senate of the Philippines and the
Committee on Health of the House of Representatives.

SEC. 21. Appropriations. - The initial amount necessary to implement the
provisions of this Act shall be charged against the current year’s appropriation of the
Philippine National AIDS Council under 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

SEC. 22. Implementing Rules and Regulations. - The Philippine National AIDS
Council shall promulgate the necessary implementing rules and regulations within
sixty (60) days from the effectivity of this Act.

SEC. 23. Transitory Provision -The personnel designated by the Department of
Health as the Secretariat of PNAC under Section 47 of RA 8504 shall be absorbed
as permanent personnel to fulfill the Secretariat functions stipulated in this Act.

SEC. 24. Separability Clause. - Any portion or provision of this Act that may be
declared unconstitutional or invalid shall not have the effect of nullifying the other
portions and provisions hereof as long as such remaining portion or provision can
still subsist and be given effect in their entirety

SEC. 25. Repealing Clause. — Republic Act No. 8504, otherwise known as the
“Philippine AIDS Prevention and Control Act of 1998" and all decrees, executive
orders, proclamations and administrative regulations or parts thereof inconsistent
herewith are hereby repealed, amended or modified accordingly.

SEC. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in any national paper of general circulation.

Approved,