Republic of the Philippines

HOUSE OF REPRESENTATIVES
‘Quezon City > oare3 JUL 2013
SIXTEENTH CONGRESS \ 9 By: aa

\2
First Regular Session
House Bill No. 1663

Introduced by HON. IMELDA ROMUALDEZ-MARCOS

EXPLANATORY NOTE.

More than a decade has elapsed since the enactment of Republic Act 8504,
otherwise known as the Philippine AIDS Prevention and Control Act of 1998, and yet
the spread of the Human Immunodeficiency Virus (HIV) which causes the dreaded
disease called AIDS has not been halted nor deterred. From 1984 to 2013, the HIV and
AIDS Registry of the Department of Health has reported a cumulative number of 13,594
HIV Ab sero-positive cases in the country today. Of these figures, 12,322 (90%) were
asymptomatic and 1,272 (10%) were AIDS cases, 11,878 were males, and 1,716 were
females. The age groups with the most number of cases were: 20-24 years (22%), 25-
29 (30%), and 30-34 years (19%).

From January — May 2013 alone, a total of 1,892 cases were reported, 1,802 of
which are males aged 16-29 years old. Ninety-seven percent (1,844) were infected
through sexual contact and 3% (48) through needle sharing among injecting drug users.
There were 1,755 males and 89 females infected through sexual contact within the age
group 16-79.

This is the official report and it is just the tip of the iceberg. The alarming side of
the story is the unreported and undocumented cases now escalating at an estimated
12,000. Not to underestimate, the widespread and growing perception that this
incidence is no longer regarded as ‘low and slow but hidden and growing’.

As we join the global campaign to halt and reverse the spread of HIV and AIDS
by 2015 pursuant to the Millennium Development Goals (MDGs) particularly Goal No. 6
- Combat HIV and AIDS, malaria and other diseases, and the country’s efforts to
strengthen the existing comprehensive policy on its prevention and control, we strongly
push for the approval of this measure with a three-fold aim: (a) enhance the existing
HIV and AIDS information and educational program as well as its monitoring system in
order to increase the level of awareness of the citizenry on the malady and encourage
behavioral changes as well as intensify existing monitoring mechanisms; (b) appropriate

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for the care and support of the people living with HIV (PLHIV) and their affected families
by improving existing support system and at the same time, address the issue of
discrimination experienced by PLHIV; and last but not the least, (c) provide an
Augmentation Fund to increase the annual budget of the Philippine National AIDS
Council (PNAC) and its Secretariat, the frontline agency of the government to make it a
more financially and administratively autonomous attached agency of the Department
of Health.

The meager annual budgetary allocation for PNAC over the past eight (8) years
(2002-2010) ranging from P12 million to P7.984 Million earmarked for 2010 is
insufficient to operationalize the spirit of Republic Act 8504 (AIDS Law). Said law
appropriates an initial 20 Million pesos for its implementation (Sec48, RA8504).

For more than 10 years now, said annual appropriation is no longer realistic and
financially sound for PNAC to perform and sustain its core functions, hence, the urgency
to increase its yearly budget.

With the foregoing reasons, the early passage of this bill is earnestly sought.

4 Gray —

LDA ROMUALDEZ-MARCOS.
Representative
2” District, locos Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Sixteenth Congress
First Regular Session

House BILLNo. _1663

Introduced by HON. IMELDA ROMUALDEZ-MARCOS

AN ACT
STRENGTHENING FURTHER THE PHILIPPINE COMPREHENSIVE POLICY ON THE
PREVENTION AND CONTROL OF AIDS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS “THE PHILIPPINE AIDS
PREVENTION AND CONTROL ACT OF 1998”

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

SECTION 1. Section 3 of Republic Act No. 8504, is hereby amended to include a new
‘sub-section B and amendments to sub-section f, g, |, 0, u to read as follows:

(B) “Affected Families” refer to the immediate members of the family of the
person living with HIV (PLHIV).”

(f) “HIV and AIDS Monitoring” refers to the documentation and analysis of
the number of HIV and AIDS infections and the pattern of its spread

(g) “HIV and AIDS Prevention and Control’ refers to measures aimed at
protecting non-infected persons from contracting HIV and minimizing the
impact of the condition of persons living with HIV.

()) “High-Risk Behavior’ — refers to a person’s involvement in certain
activities which increase the risk of transmitting or acquiring HIV.

(0) “Person living with HIV" refers to an individual whose HIV test indicates,
that he or she is infected with HIV.

(u) ‘Window Period” refers to the period of time, usually lasting from two (2)
weeks to six (6) months during which an HIV infected individual will test
“negative” upon HIV testing but can actually transmit the infection.

The letter of the sub-sections shall be amended accordingly.

SEC. 2. Section 4 of the same law is hereby amended to read as follows:
“SEC. 4. HIV and AIDS Education in Schools. - The Department of

Education (DEPED) [Culture and Sports (DECS)], the Commission of
Higher Education (CHED), and the Technical Education and Skills


Development Authority (TESDA), utilizing official information provided by the
Philippine National AIDS Council (PNAC), shall integrate instruction on the
causes, modes of transmission and ways of preventing HIV and AIDS and
other sexually transmitted infections with special focus on how the acquired
information can translate to. changes in behavior to reduce risk and
vulnerability to HIV and AIDS, and on the basic human rights of
PLHIV in subjects taught in public and private schools at intermediate
grades, secondary and tertiary levels, including non-formal and indigenous
learning systems: Provided, That if the integration of HIV and AIDS
education is not appropriate or feasible, the DEPED and the TESDA, in
coordination with the Philippine National AIDS Council Secretariat, shall
design special modules on HIV and AIDS prevention and control: Provided,
further, That it shall not be used as an excuse to propagate birth control or
the sale or distribution of birth control devices: Provided, finally, That it does
not utilize sexually explicit materials.

XXX

All teachers and instructors of HIV and AIDS courses shall be required to
undergo a seminar or training on HIV and AIDS prevention and control to be
supervised by PNAC, DEPED, CHED and TESDA or any PNAC member
agency and in coordination with the Philippine National AIDS Council
Secretariat before they are allowed to teach on the subject.”

SEC.3. Section 5 of the same law is hereby amended to read as follows:

“Sec. 5. HIV and AIDS Information as a right to health — 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.”

SEC. 4. Section 6 of the same law is hereby amended to read as follows:

“SEC. 6. HIV and AIDS Education in the Workplace - All government 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 which shall include topics on
confidentiality in the workplace and attitude towards infected employees
and workers. In collaboration with the Department of Health (DOH),
Secretary of the Department of Labor and Employment (DOLE) shall
oversee the anti-HIV and AIDS campaign in all private companies while the
Armed Forces Chief of Staff and the Director General of the PNP shall
‘oversee the implementation of this section. *


SEC. 5. Section 7 of the same law is hereby amended to read as follows:

“SEC. 7. HIV and AIDS Education for Filipinos Going Abroad. - The State

‘shall ensure that all overseas Filipino workers and diplomatic, military, trade,
and labor officials and personnel to be assigned overseas shall undergo or
attend a seminar on the cause, prevention and consequences of HIV and
AIDS and how to access health services and health facilities on-site before
certification for overseas assignment. The PNAC, particularly the
Department of Labor and Employment, or the Department of Foreign Affairs,
the Department of Tourism and the Department of Justice through the
Bureau of Immigration, as the case may be, in collaboration with the
Department of Health (DOH), shall oversee the implementation of this
section.”

SEC. 6. Section 9 of the same law is hereby amended to read as follows:

“SEC. 9. HIV and AIDS Education in Communities- Local government units,
in collaboration with the Philippine National AIDS Council (PNAC) shall
conduct an educational and information campaign on HIV and AIDS. The
provincial governor, city or municipal mayor and the barangay captain
through a multi-sectoral local coordinative body like the Local AIDS Council
(LAC), Local Health Board (LHB) or Inter-Local Health Zone (ILHZ), shall
coordinate such campaign among concerned government agencies, non[-
Jgovernment organizations and church-based groups.”

SEC. 7. Section 11 of the same law is hereby amended to read as follows:

“SEC. 11. Penalties for Misleading Information. Misinformation on HIV and
AIDS prevention and control through false and misleading advertising and
claims in any of the tri-media or the promotional marketing of drugs,
devices, agents or procedures without prior approval from the Philippine
National AIDS Council (PNAC), as instituted in this Act under the
supervision of the department of health and the food and drug)
administration 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 is punishable with a 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.”

SEC. 8. Section 13 of the same law is hereby amended to read as follows:

“SEC. 13. Guidelines on Surgical and Similar Procedures -The Department
of Health (DOH), in consultation and in coordination with concerned
professional organizations and hospital associations, shall subscribe to the
principles of universal Been aa against HIV transmission during surgical,
dental, embalming, tattooing or similar procedures. The DOH shall likewise
issue guidelines on the handling and disposition of cadavers, body fluids or
wastes of persons known or believed to be HIV-positive.”


SEC. 9. Section of 20 of the same law is hereby amended to read as follows:

“SEC. 20. Pre-test and Post-test Counseling - All testing centers, clinics, or
laboratories which perform any HIV test shall be required to provide and
conduct free-test counseling and post-test counseling for persons who avail
of their HiV and AIDS testing services. However, such counseling services
must be provided only by person who meet the standards set by the DOH.”

SEC. 10. Section of 22 of the same law is hereby amended to read as follows:
*SEC. 22. Hospital-Based Services - Persons with HIV and AIDS shall be
afforded basic health services in all government hospitals, without
prejudice to optimum care which may be provided by special AIDS wards
and hospitals.”

SEC. 11. Section 23 of the same law is amended hereby to read as follows:

SEC. 23. Community-Based Services - Local Government units, in
coordination and in cooperation with concerned government agencies, non-
government organizations, persons with HIV and AIDS and groups most at
tisk of HIV infection shall provide community-based HIV and AIDS
prevention and care services.

SEC. 12. Section 24 of the same law is hereby amended to read as follows”

SEC. 24. Livelihood Programs and Trainings - Trainings for livelihood, self-
help cooperative programs shall be made accessible and available to all
persons with HIV and AIDS. Persons infected with HIV and AIDS shall not
be deprived of full participation in any livelihood, self-help and cooperative
programs for reason of their health conditions.

SEC. 13. Section 25 of the same law is hereby amended to read as follows:

“SEC. 25. Control of Sexually Transmitted Infections - The Local
Government Units (LGUs), in coordination with the Philippine National
AIDS Council (PNAC) and other concerned government agencies and non-
government organizations shall pursue the prevention and control of
sexually transmitted diseases to help contain the spread of HIV infection.”

SEC. 14. Section 27 under a renamed Article V of the same law is hereby
amended to read as follows:

ARTICLE V
HIV AND AIDS SURVEILLANCE

“SEC. 27. Monitoring Program - A comprehensive HIV and AIDS
monitoring program or “AIDSWATCH’” shall be established under the
Department of Health to determine and monitor the magnitude and
progression of HIV infection in the Philippines, and for the purpose of
evaluating the adequacy and efficacy of the countermeasures being
employed.”


SEC. 15. Section 28 of the same law is hereby amended to read as follows:

SEC. 28. Reporting Procedures - All hospitals, clinics, laboratories, and
testing centers for HIV and AIDS shall adopt measures in assuring the
reporting and confidentiality of any medical record, personal data, file,
including all data which may be accessed from various data banks or
information systems. The Department of Health through its AIDSWATCH
monitoring program shall receive, collate and evaluate all HIV and AIDS
related medical reports. The AIDSWATCH data base shall utilize a coding
system that promotes client anonymity.

SEC. 16. Section 29 of the same law is hereby amended to read as follows:

“SEC. 29. Contact Tracing — HIV and AIDS contact tracing and all other
related health intelligence activities may be pursued by the Department of
Health: Provided, That these do not run counter to the general purpose of
this Act: Provided, further, That any gathered information shall remain
confidential and classified, and can only be used for statistical and
monitoring purposes and not as a basis or qualification for any
employment, school attendance, freedom of abode or travel.”

SEC. 17. Section 30 of the same law is hereby amended to read as follows:

“Sec. 30. Medical Confidentiality. All health and allied professionals,
counselors, medical instructors, workers, employers, recruitment agencies,
insurance companies, data encoders, and other custodians of any medical
record, file, data, or test results are directed to strictly observe
confidentiality in the handling of all medical information, particularly the
identity and status of persons with HIV.”

SEC. 18. Section 31 of the same law is hereby amended to read as follows:

“SEC. 31. Exceptions to the Mandate of Confidentiality - Medical
confidentiality shall not be considered breached in the following cases:

(a) When complying with reportorial requirements in conjunction with the
National HIV Surveillance System of the
Department of Health. Provided, that the active surveillance system
should be kept anonymous and unlinked;

(b) when informing other health workers directly involved or about to be
involved in the treatment or care of a person living with HIV and AIDS:
Provided, That such treatment or care carries the risk of HIV
transmission: Provided, further, That such workers shall be obliged to
maintain the shared medical confidentiality;

XXX

SEC. 19. Section 32 of the same law is hereby amended to read as follows:

“SEC. 32. Release of HIV and AIDS Test Results. — All results of HIV and
AIDS testing shall be confidential and shall be released only to the
following persons:


(a) the person who submitted himself/herself to such a test;
{b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or orphans;

(d) a person authorized to receive such results in conjunction with the
AIDSWATCH program as provided in Sec. 27 of this Act; and

(e) a justice of the Court of Appeals or the Supreme Court, as provided
under subsection (c) of this Act and in accordance with the provision of
Sec. 16 hereof.

SEC. 20. Section 33 of the same law is hereby amended to read as follows:

“SEC. 33. Penalties for Violation of Confidentiality. — Any violation of
medical confidentiality as provided in Sections 30 and Section 32 of this
Act shall suffer the penalty of imprisonment for six (6) months to five (5)
years, without prejudice to administrative sanctions such as fines and
Suspension or revocation of the violator’s license to practice his/her
profession, as well as the cancellation or withdrawal of the license to
operate any business entity and the accreditation of hospitals, laboratories
and clinics.”

SEC. 21. Section 42 of the same law is hereby amended to read as follows:
“Sec 42. Penalties of Discriminatory Acts and Policies - All discriminatory
acts and policies referred to in this Act shall be punishable with a penalty of
imprisonment for six (6) months to five(5) years and a fine of not less than
Thirty Thousand Pesos (PHP 30,000.00). In addition, licenses/permits of
schools, hospitals and other institutions found guilty of committing
discriminatory acts and policies described in this Act shall be revoked.

SEC. 22. Section 43 of the same law is hereby amended to read as follows:

“Sec. 43. Establishment. The Philippine National AIDS Council (PNAC)
created by virtue of Executive Order No. 39 dated 3 December 1992, shall
be reconstituted and strengthened to enable the Council to oversee an
integrated and comprehensive approach to HIV and AIDS prevention and
control in the Philippines. It shall be an autonomous agency attached to
the DOH.”

SEC. 23. Section 45 of the same law is amended to read as follows:

“Sec. 45. Membership and Composition - (a) The Council shall be
composed of twenty-seven (27) members as follows:

1. The Secretary of the Department of Health as the Chairperson;

2. The Secretary of the Department of Education or his representative;

3. The Chairperson of the Commission on Higher Education or his
representative;

4. The Director-General of the Technical Education and Skills
Development Authority or his representative;


5. The Secretary of the Department of Labor and Employment or his
representative;

6. The Secretary of the Department of Social Welfare and Development or
his representative;

7. The Secretary of the Department of Interior and Local Government or
his representative;

8. The Secretary of the Department of Justice or his representative;

9. The Director-General of the National Economic and Development
Authority or his representative;

10. The Secretary of the Department of Tourism or his representative;

11. The Secretary of the Department of Budget and Management or his
representative:

12.The Secretary of the Department of Foreign Affairs or his
representative;

13. The Head of the Philippine Information Agency of his representative;

14. The President of the League of Governors or his representative;

15. The President of the League of City Mayors or his representative:

16.The Chairperson of the Committee on Health of the Senate of the
Philippines or his representative;

17.The Chairperson of the Committee on Health of the House of
Representatives of the Philippines or his representative;

18.A representative from an organization of medical/health professionals;

19.A representative from the Armed Forces of the Philippines;

20. Six (6) representatives from non-government organizations involved in
HIV and AIDS prevention and control efforts and activities, including
representative of faith-based organizations;

21.A representative of an organization of persons living with HIV and AIDS;
and,

22. A representative from the private sector.

(b) 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; This
shall be decided upon by PNAC;

© IN response to the trend of the epidemic, membership to
PNAC shall be for a period of five (6) years, renewable
upon recommendation of the Council;

(d) All members of the Council shall be appointed by the
President of the Republic of the Philippines, except for the
representatives of the Senate and the House of
Representatives, who shall be appointed by the Senate
President and House Speaker, respectively;

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

© The Secretary of Health shall be the permanent

chairperson of the Council; the vice-chairperson shall be


elected by its members from among themselves, and shall
serve for a term of five (5) years; and

i) For members representing sectors, medical/ health
professional groups and NGOs, they shall serve for a term
of two (2) years, renewable upon recommendation of the
Council.”

SEC. 24. Section 46 of the same law is hereby amended to read as follows:

“SEC. 46. Reports - The Council shall submit to the President and to both
Houses of Congress the comprehensive reports on the activities and
accomplishments of the AIDS Medium Term Plan. Such reports shall
contain assessments and evaluation of programs relative to the medium or
long-term plans for the prevention and control of STI, HIV and AIDS and
the progress of related projects being conducted in the country.”

SEC. 25. Section 47 of the same law is hereby amended to read as follows:

“SEC. 47. Creation of the National HIV and AIDS and STI Prevention and
Control Program and the Philippine National AIDS Council (PNAC)
Secretariat -

(A) The National HIV AND AIDS and STI Prevention and Control
Program (NASPCP). There shall be created in the DOH, the
National HIV and AIDS and STI Prevention and Control Program
staffed by qualified medical specialists and support staff with
permanent appointment and supported with an adequate yearly
budget. It shall implement and oversee programs on HIV and AIDS.
and STI prevention and control in the health sector.

(B) The PNAC Secretariat. The PNAC shall be supported by a
secretariat from the DOH It shall be staffed by
technically equipped and capable personnel with permanent
appointment and adequate operational budget. the Secretariat shall
perform the following functions and shall be under the direct
supervision of the Chairperson of the Council:

1. coordinate the formulation, monitoring and evaluation of plans,
programs, policies, and strategies to ensure effective and
efficient implementation of the national HIV and AIDS response;

2. provide technical assistance and advisory services to the council
and its external partners;

3. assist the council in identifying and building internal and external
networks and partnerships,

4. coordinate and support the efforts of the council to mobilize
resources in support to the country's aids response;

5. serve as the clearing house and repository of information on HIV
and AIDS situation and responses, projects, strategies or its


revisions/abolitions, as well as procedures and other matters
which will improve the national aids response;

6. disseminate updated, accurate, relevant, comprehensive
information about the epidemic to PNAC members, policy
makers, program managers/implementers and general public
through media and other avenues of communications;

7. provide administrative support to the council by developing and
enhancing management system and procedures; and

8. perform other functions as provided by law or appropriately
assigned by the Council.

SEC.26. Section 48 of the same law is hereby further amended to read as follows:

“SEC. 48. Appropriations - The amount of no less than Twenty Million
Pesos (P20, 000,000.00) for the operations of PNAC Secretariat shall be
appropriated in the General Appropriations Act (GAA) in the year following
its enactment into law. Subsequent appropriations shall be provided by
Congress in the budget of the Department of Health under the annual GAA.

Funds may be augmented by grants, donations, endowment from various
sources, domestic or foreign.

SEC. 27. A new section 49 shall be an added to read as follows:

“SEC. 49. HIV and AIDS budget of concerned agencies — all concerned
government agencies or parties involved shall develop and implement
action plans anchored to the AIDS Medium Term Plan with appropriation
from their annual budget as provided by the Congress in the annual budget
of concerned government agencies. This amount shall be utilized but not
limited to support any of the following HIV and AIDS related programs and
activities:

a. To establish their workplace policy and programme on HIV and AIDS
in their own agency and their regional/provincial offices; and

b. To advocate and support HIV and AIDS appropriate prevention,
treatment care and support programs and services with their
counterparts anchored on the aids medium term plan.

In addition, the Department of Health shall provide funds for the
purchase of anti-retroviral (ARV) drugs, medicine for opportunistic
infections and laboratory equipment and supplies.”

Succeeding sections are renumbered accordingly.
SEC. 28. Repealing Clause. — All laws, decrees, executive orders, rules and

regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.


SEC. 29. Separability Clause. If for any reason, a provision or part hereof is
declared invalid, other provisions not affected hereby shall remain in full force
and effect

SEC. 30. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation

Approved,