Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
INSTITUTING A POLICY ON BLOODBORNE VIRAL HEPATITIS 
TESTING AND SCREENING 
EXPLANATORY NOTE 
Viral hepatitis is a major public health problem affecting more than 350 
million worldwide and causing almost a million death each year. In the 
Philippines, around one in 10 people have chronic hepatitis B, and six in 
1,000 have chronic hepatitis C. Prevalence of Hepatitis B is said to be highest 
among the 20 to 49 age group which comprise mostly of the workforce and 
reproductive age group.1 
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. 
1 The Medical City (March 2018). 
July 27, 2022
3:16 pm
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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 HCV 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. 
 
In view of the foregoing, the immediate passage of this measure is 
earnestly sought. 
 
 
  
 
 
 
 
 
 
 
 
REP. PM VARGAS 
 
 
 
 
 
 
 
 
Fifth District, Quezon City 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
INSTITUTING A POLICY ON BLOODBORNE VIRAL HEPATITIS 
TESTING AND SCREENING 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. -  This Act shall be known as the “Bloodborne Viral 
Hepatitis Testing Act”. 
SECTION 2. Declaration of Policy. – It is hereby declared that the policy of 
the State is to promote health and well-being of the population through 
prevention, early detection, and treatment of diseases like bloodborne viral 
hepatitis, as well as, to protect the rights of people living with these diseases 
who suffer from stigma and discrimination through the promotion of voluntary 
and confidential testing of blood borne viral hepatitis and the prohibition of 
mandatory and routine screening of the same. 
SECTION 3. Definition. – For the purposes of this Act, the following 
definitions shall apply:  
a) Bloodborne Viral Hepatitis refers to the disease caused by both
Hepatitis B and Hepatitis C virus which can be transmitted by
exposure to infected blood and other body fluids, producing, among
others, jaundice, and chronic inflammation of the liver.
b) Hepatitis B Virus (HBV) and Hepatitis C Virus (HCV), refers to the
virus that causes Hepatitis B and Hepatitis C respectively. A safe and
effective vaccine is available for Hepatitis B while there is none for
Hepatitis C. Treatment modalities are available to effectively manage
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the symptoms and to prevent complications caused by these 
diseases. 
 
c) Hepatitis Testing or Screening refers to any facility-based or mobile 
medical procedure that is conducted to determine the presence or 
absence of Hepatitis B or C or the circulating viral burden in a 
person’s body. 
 
d) 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 tissue (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 of Hepatitis Testing. – In all cases, access to 
all information related to a person’s HBV or HCV status including the results 
of hepatitis testing shall be kept strictly confidential except when disclosed 
with the written consent of the individual or the parent or legal guardian of 
the minor or legally incapacitated whose HBV or HCV status is involved, 
unless otherwise required by law. 


 
 
 
SECTION 6. Counselling and Referral for Further Management. – All 
hepatitis testing shall include counselling which should be able to provide the 
individual who took the test information on measures to prevent transmission 
and if necessary, a referral to a health practitioner for further evaluation and 
management. 
 
SECTION 7. Exceptions to Voluntary Hepatitis Screening and Testing. – 
Compulsory testing for blood borne viral hepatitis shall be allowed only in the 
following instances: 
 
a) When it is necessary to test a person, who is charged with any of the 
offenses punishable under Article 264, 266, 335 and 338 of the 
Revised Penal Code, as amended by Republic Act No. 8353, otherwise 
known as the Anti-Rape Law of 1997; 
 
b) As a prerequisite in the donation of blood in compliance with the 
provisions of Republic Act No. 7170, otherwise known as the Organ 
Donation Act, and Republic Act No. 7719, otherwise known as the 
National Blood Services Act; 
 
c) As part of surveillance and management of blood borne hepatitis 
among health care workers involved in exposure prone procedures. 
Provided that, it shall not be a pre-requisite for admission to or a 
basis for expulsion or any disciplinary action in an educational 
institution for health care workers or for employment or re-
employment in a health care facility; Provided further that, positive 
results of such testing shall not be used as justification for the 
termination of a health care worker employed in a health facility. 
 
SECTION 8. Testing for Organ Donation. – Lawful consent to HBV and HCV 
testing of a donated human body, organ, tissue, or blood shall be considered 
as having been given when: 
 
a) A person volunteers or freely agree to donate one’s blood, organ, or 
tissue for transfusion, transplantation, or research; and 
 
b) A legacy and a donation are executed in accordance with Sections 3 
and 4 respectively, of Republic Act No. 7170 otherwise known as the 
Organ Donation Act of 1991. 
 


 
 
SECTION 9. Hepatitis Testing Among Individuals with Clinical 
Justification for Testing – Hepatitis testing shall be highly encouraged 
among individuals who, based on a reasonable assessment of a physician, 
shall benefit from the conduct of said testing, Provided that, voluntary consent 
must be obtained prior to such testing, adequate counselling must be 
provided, and that any individual who refuses to undergo such testing shall 
not be subjected to discriminatory acts as defined in Section 12. 
 
SECTION 10. Prevention, Detection, and Management of Blood Borne 
Hepatitis in Workplace Settings with High-Risk of Transmission – In 
institutions or workplace settings with high-risk of transmission like 
hospitals, health facilities, diagnostic clinics, blood donation centers, among 
others, measures to interrupt transmission of blood borne viral hepatitis from 
health provider to patient and vice versa shall be adopted, including but not 
limited to: 
 
a) Routine surveillance of personnel performing exposure prone 
procedures and provision of support and access to treatment for 
those with positive results; 
 
b) Hepatitis B vaccination for all personnel if they have no documented 
evidence of pre-existing immunity; 
 
c) Strict adherence and practice of universal precautions and provision 
of personal protective equipment for workers whose work entails 
exposure to blood and other body fluids; 
 
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. Regulation of Hepatitis Testing Services. – To ensure access 
to voluntary and confidential hepatitis testing, the DOH shall: 
 
a) Regulate public and private facilities that conduct hepatitis testing 
services. Provided, that only DOH-accredited hepatitis testing 
facilities shall be allowed to conduct such testing. 
 
b) Develop the guidelines for voluntary and confidential hepatitis 
testing including protocols for counselling and referral to health 
providers for further evaluation and management; 
 
SECTION 12. Discriminatory Acts. – The 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, 
or 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 the person with positive HBV and 
HCV has not misrepresented such fact to the Health Maintenance 
Organization (HMO) and private life insurance company upon 
application. 
 
g) Other similar or analogous discriminatory acts. 
 
SECTION 13. Protection of Workers with 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 employer, 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 and 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 license 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. Implementing Rules and Regulations. – The DOH and DOLE, 
in coordination with other relevant government agencies and private 
organizations 
and 
non-governmental 
organizations 
shall 
issue 
the 
Implementation 
Rules 
and 
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. 
SECTION 19. Repealing Clause. – All laws, decrees, executive orders, 
department or memorandum orders and other administrative issuances, or 
parts thereof, which are inconsistent with the provisions of this Act are hereby 
modified, superseded or repealed accordingly. 
SECTION 20. Effectivity. – This Act shall take effect fifteen (15) days after 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation. 
Approved,