Republic of the Philippines
HOUSE OF REPRESENTATIVE:

RECEMVED
Quezon City ‘

DATE

SEVENTEENTH CONGRI
First Regular Session

1804

ISTRATION UNIT
BULLS AND INDEX SERVICE
HOUSE BILL NO. _

Introduced by HON. SANDRA Y. ERIGUEL, M.D.

EXPLANATORY NOTE

which was previously filed in the 16" Congress and was approved by the House
of Representatives on third reading, seeks to repeal Republic Act No. 8504, otherwise known as
the “Philippine AIDS Prevention and Control Act of 1998” and to strengthen the Philippine
Comprehensive Policy on Human Immunodeficiency Virus (HIV) and Acquired Immune
Deficiency Syndrome (AIDS) Prevention, Treatment, Care and Support, and to establish the
Philippine National HIV and AIDS Plan

The passage of R.A. 8504 in 1998 was hailed a success, a model legislation for other

countries

in curbing the rising AIDS epidemic. Sadly, almost two decades later, while the global

trend in HIV and AIDS infection and death have either stabilized or decreased in most countries,

the Philippine remains as one of the very few nation with an increasing incidence of new HIV
infections.

As of 2015, more than 42,000 people live with HIV or AIDS in the Philippines. Newly-
reported cases rose up to 22 new cases per day. Throughout the years, the demography of people
living with HIV or AIDS is getting younger and younger, and now there are more males than
females. In fact, ninety-five percent (95%) of reported cases from 2010 to 2015 are males.

With these variances, along with the steep rise in the incidence of new HIV/AIDS
infections, comes the need for new and streamlined policy changes as proposed in this Bill. Let

us not delay the immediate a

jon needed to save the future of our children against this debilitating

ickness and the stigma that comes with it. Twenty years after our country’s initial call to action
through R.A. 8504, now is the right time to institutionalize a multi-sectoral HIV and AIDS
strategic plan and to re-strengthen the Philippine National AIDS Council and, in the end, halt the

epidemic of HIV/AIDS in our country.



In view of the foregoing, the passage of this Bill is eamestly sought.

7
SANDRA Y. ERIGUEL, M.D.
Second District, La Union


fon

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS,

First Regular EWG 4

House Bill No.

Introduced by HON. SANDRA Y. ERIGUEL, M.D.

AN ACT
STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HUMAN
IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNE DEFICIENCY
SYNDROME (AIDS) PREVENTION, TREATMENT, CARE AND SUPPORT, AND
ESTABLISHING THE PHILIPPINE NATIONAL HIV AND AIDS PLAN,
REPEALING 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 “Philippine HIV and AIDS Policy
Act”,

SEC. 2. Declaration of Policy. - The Human Immunodeficiency Virus (HIV) and Acquired
Immune Deficiency Syndrome (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. 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-


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responsiveness, 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 at the
center of the process;

(©) 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; and

(d) Positively address and seek to eradicate conditions that aggravate the spread of HIV
infection, which include poverty, gender inequality, prostitution, marginalization,

drug abuse and ignorance.

Respect for, protection of and promotion of human rights are the comerstones 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:

(a) Acquired Immune Deficiency Syndrome (AIDS) refers to a health condition where

there is a deficiency of the immune system that stems from infection with the Human

Immunodeficiency Virus or HIV, making an individual susceptible to opportunistic

infections;

(b) Antiretroviral (ARV) refers to the treatment that stops or suppresses viral replics

or replications of a retrovirus like HIV thereby slowing down the progression of

infection;


wR wo

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

(d) Community-based research refers to research study undertaken in community settings
and which involve community members in the design and implementation of research
projects;

(©) 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;

() Discrimination refers to unfair or unjust treatment that distinguishes, excludes,
restricts, or shows preferences based on any ground such as sex, gender, age, sexual
orientation, gender identity, economic status, disability, ethnicity, and HIV status,
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) 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 experience of
gender, among them, dress, speech, and mannerism;

(h) Harm reduction refers to evidence-based policies, programs and approaches that aim
to reduce transmission of HIV and its harmful consequences on health, social
relations and economic conditions;

(i) High-risk behavior refers to a person’s frequent involvement in certain activities that
increase the risk of transmitting or acquiring HIV;

(@) Human Immunodeficiency Virus (HIV) refers to the virus, of the type called retrovirus,

which infects cells of the human immune system—mainly CD4positive’ cells and

macrophages-key components of the cellular immune system—and destroys or
impairs the cells’ function. Infection with HIV results in the progressive deterioration
of the immune system, leading to immune deficiency;

(k) HIV counseling refers to the interpersonal, dynamic communication process between
a client and a trained counselor, who is bound by a code of ethics and practice, to
resolve personal, social, or psychological problems and difficulties, whose objective,

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in the context of an HIV diagnosis, is to encourage the client to explore important
personal issues, identify ways of coping with anxiety and stress, and plan for the
future (keeping healthy, adhering to treatment, and preventing transmission) and
counseling in the context of a negative HIV test result, focuses on exploring the

client's motivation, options, and skills to stay HIV-negative;

() HIV and AIDS counselor refers to any individual trained by an institution or
organization accredited by the Department of Health (DOH) to provide counseling
services on HIV and AIDS with emphasis on behavior modification;

(m)HIV and AIDS monitoring refers to the documentation and analysis of the number of
HIV/AIDS infections and the pattern of its spread;

(n) 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;

(0) HIV-Negative refers to the absence of HIV or HIV antibodies upon HIV testing;

(p) HIV-Positive refers to the presence of HIV infection as documented by the presence
of HIV or HIV antibodies in the sample being tested;

(q) HiV-related testing refers to any laboratory testing or procedure done on an individual
regardless of whether the person is HIV positive or negative;

(1) HIV testing refers to any facility-based or mobile medical procedure that is conducted
to determine the presence or absence of HIV in a person’s body. HIV testing is
confidential, voluntary in nature and must be accompanied by counseling prior to, and
afier the testing, and conducted only with the informed consent of the person;

(8) 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:

(©) HIV transmission refers to the transfer of HIV from one infected person to an
uninfected individual, most commonly through sexual intercourse, blood transfusion,
sharing of intravenous needles, and vertical transmission;

(u) Key affected populations at higher risk of HIV exposure or key populations refer to
those groups of persons, as determined by the Philippine National AIDS Council
whose behavior make them more likely to be exposed to HIV or to transmit the virus;

(¥) Laboratory refers to area or place, including community-based settings, where
research studies are being undertaken to further develop local evidence base for

effective HIV programs;


(w) Medical confidentiality refers to the relationship of trust and confidence created or
existing between a patient or a person living with HIV and his attending physical,
consulting medical specialist, nurse, medical technologist and all other health workers
or personnel involved in any counseling, testing or professional care of the former. It
also applies to any person who, in any official capacity, has acquired or may have
acquired such confidential information;

(x) Opportunistic infection refers to illnesses caused by various organi

many of

which do not cause disease in persons with healthy immune system:

(y) Partner notification refers to the process by which the ‘index client’, ‘source’ or

patent’, who has a sexually transmitted infection (STI) including HIV, is given
support in order to notify and advise the partners that have been exposed to infection.
Support includes giving the index client a mechanism to encourage the client’s partner

to attend counseling, testing and other prevention and treatment services.

Confidentiality shall be observed in the entire process;

(2) Person living with HIV refers to any individual diagnosed to be infected with HIV;
(aa) Pre-test counseling refers to the process of providing an individual information on
aspects of HIV/AIDS and em

implications of undergoing HIV testing and the test result itself before the individual

the biome

nal support to any psychological

is subjected to the test;

(bb) Post-test counseling refers to the process of providing risk-reduction information and
emotional support to a person who submitted to HIV testing at the time the result is
released;

(cc) Prophylactic refers to any agent or device used to prevent the transmission of a
disease;

(dd) Provider-initiated counseling and testing refers to a health care provider initiating

isk behavior or vulnerable to HIV

HIV anti-body testing to a person practicing hig

afier conducting HIV pre-test counseling. A person may elect to decline or defer
testing such that consent is conditional;

(ce) Routine HIV Testing refers to HIV testing recommended at health care facilities as a
standard component of medical care. It is part of the normal standard of care offered
irrespective of whether or not the patient has signs and symptoms of underlying HIV
infection or has other reasons for presenting to the facility provided that a patient may

elect to decline or defer testing.


(18) Safer sex practices refer to choices made and behaviors adopted by a person to reduce

or minimize the risk of HIV transmission. These include postponing sexual debut,
non-penetrative sex, correct and consistent use of male or female condoms, and
reducing the number of sexual partners;

(gg) Sexually Transmitted Infections (STIs) refer to infections that are spread through the
transfer of organisms from one person to another as a result of sexual contact;

(hh) 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;

(ii) 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;

(ii) 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 result in discrimination when acted upon;

(kk) Treatment hubs refer to private and public hospitals or medical establishments
accredited by the DOH to have the capacity and facility to provide anti-retroviral
treatment;

(ll) Vertical transmission refers to the process of transmission during pregnancy, birth, or
breastfeeding;

(mm)Voluntary HIV testing refers to HIV testing of an individual who, after ha

undergone pre-test counseling, willingly submits to such test;

(nn) Vulnerable communities refer to communities and groups 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;

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

(pp) Work place refers to the office, premise or work site where workers are habitually
employed and shall include the office or place where workers, with no fixed or
defi

work site, regularly report for assignment in the course of their employment.


on

ARTICLE 1 - PHILIPPINE NATIONAL AIDS COUNCIL,

SEC. 4. Establishment of the Philippine National AIDS Council. - The Philippine National
AIDS Council, hereinafter referred to as the Council, is hereby created and shall be the
policy-making, planning, coordinating and advisory body of the Philippine National HIV and
AIDS Program. It shall be an agency attached to the Department of Health.

In situations where a gap in the national response has been identified, the Council

may catalyze or develop the intervention required for endorsement to appropriate government

agencies.

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

(a) Develop the National Multi-Sectoral HIV and AIDS Strategic Plan in collaboration
with relevant government agencies and civil society organizations;

(b) Ensure the operationalization and implementation of the National Multi-Sectoral HIV
and AIDS Strategic Plan;

(©) Coordinate with government agencies and other entities mandated to implement the

provisions of this Act:

(d) Develop and ensure the implementation of the guidelines and policies provided in this,
Act, including other policies that may be necessary to implement the National Multi-
Sectoral HIV and AIDS Strategic Plan;

(e) Monitor the progress of the epidemic;

(8) Monitor the implementation of the National Multi-Sectoral HIV and AIDS Plan,
undertake mid-term assessments and evaluate its impact;

(g) Mobilize sources of fund for the National Multi-Sectoral HIV and AIDS Plan;

(h) Coordinate, organize, and work in partnership with foreign and international
organizations regarding funding, data collection, research, and prevention and
treatment modalities on HIV and AIDS and ensure foreign funded programs are
aligned to the national response;

(i) Advocate for policy reforms to Congress and other government agencies to strengthen
the country’s response to the epidemic; and

(j) Submit an annual report to the Office of the President, Congress, and members of the

Council.


SEC. 6. Membership, Composition, Appointment, Quorum and Term of Office. - Two-thirds
(2/3) of the Coun
third (1/3) shall come from
representing the positive community shall be included. Positive Community refers to those

's membership shall come from national government agencies, and one-

I society organizations: Provided, That an organization

persons who are infected with HIV or AIDS virus.

Membership in the Council shall be based on the following criteria:

(a). The government agency or CSO must be directly contributing to the performance of
the core functions of the Couneil (oversight, direction setting and policy making);

(b) The government agency or CSO must be implementing programs, services and
activities that directly contribute to the achievement of the National Multi-Sectoral
HIV and AIDS Plan; and

(©) The government agency or CSO must have existing constituencies who are the target

clients of the National Multi-Sectoral HIV and AIDS Plan’s objectives and activities:

‘The following Member Agencies and CSOs shall be represented in the Council:
(1) Department of Health;
(2) Department of Education;
(3) Department of Labor and Employment ;
(4) Department of Social Welfare and Development;
(5) Department of the Interior and Local Government;
(6) Department of Justice;
(7) Department of Budget and Management;
(8) Department of Foreign Affairs
(9) Department of Tourism
(10) Philippine Information Agency
(11) National Economic and Development Authority
(12) Civil Service Commission
(13) Commission on Higher Education
(14) Technical Education and Skills Development Authority
(15) League of Provinces of the Philippines
(16) League of Cities
(17) League of Municipalities

(18) Two (2) representatives from non-governmental organizations who


fo

have expertise in standard setting and service delivery:
(19) Seven (7) representatives from non-government organizations
working for the welfare of identified key populations; and
(20) A representative of an organization of Persons Living with HIV
(PLHIY).

Except for the ex-officio members, the other members of the Council shall be appointed
by the President of the Philippines. The heads of government agencies may be represented by
an official duly designated by their respective agencies. The members of the Council shall be
appointed not later than thirty (30) days after the date of the enactment of this Act;

‘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. The Secretary of Health shall be the permanent Chairperson of the Council.
However, the Vice- Chairperson shall be elected from the government agency members, and
shall serve for a term of six (6) years; and

Members representing the civil society organizations shall serve for a term of three (3)
years, renewable upon recommendation of the Council for a maximum of two (2) consecutive

terms,

SEC.7. Secretariat. - The Council shall be supported by a secretariat consisting of personnel
with the necessary technical expertise and capability that shall be conferred permanent
appointments, subject to Civil Service rules and regulations. The Secretariat 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:
(a) coordinate and manage the day-to-day affairs of the Council;

(b) assist in the formulation, monitoring, and evaluation of the National Multi-Sectoral

HIV and AIDS Strategic Plan and policies;
(©) provide technical assistance, support, and advisory services to the Council and its
external partners;
(d) assist the Council in identifying and building internal and external networks and

partnerships;


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(€) coordinate and support the efforts of the Council and its members to mobilize

resources:
(D) serve as the clearing house and repository of HIV and AIDS-related information;

(g) disseminate updated, accurate, relevant, and comprehensive information about the

epidemic to Council members, policy makers, and the medi

and

(h) provide administrative support to the Counei

(i) act as spokesperson and representative for and in behalf of the Council.

SEC. 8. National Multi-Sectoral HIV and AIDS Strategic Plan. - A six-year national multi-
sectoral HIV and AIDS strategic plan or an AIDS Medium Term Plan (AMTP) shall be
formulated and periodically updated by the Council. The AMTP shall include 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’s
response;

(©) The six year operationalization of the program and identification of the government

agencies that shall implement the program, including the designated office within
each agency responsible for overseeing, coordinating, facilitating and/or monitoring
the implementation of its AIDS program from the national to the local levels; and

(A) The budgetary requirements and a corollary investment plan that shall identify the

sources of funds for its implementation.

SEC.9. National HIV and AIDS and STI Prevention and Control Program of the DOH. - The
existing National HIV and AIDS and ST! Prevention and Control Program (NASPCP) of the

DOH, which is composed of qualified medical specialists and support personnel with

Permanent appointments and with adequate yearly budget, shall coordinate with the Council
for the implementation of the health sector's HIV and AIDS and STI response, as identified

in the National Multi-Sectoral HIV and AIDS Strategic Plan or AMTP.

SEC.10. Protection of Human Rights. - The country’s response to the HIV and AIDS
Phenomena shall be anchored on the principles of human rights and human dignity. Public
health concerns shall be aligned with internationally-recognized human rights instruments

and standards.


Towards this end, the members of the Council, in cooperation with civil society
organizations, and in collaboration with the Department of Justice (DOJ) and the
Commission on Human Rights (CHR), shall ensure the delivery of non-discriminatory HIV
and AIDS services by government and private HIV and AIDS service providers. Further, the
DOH and CHR, in coordination with the Council, shall take the lead in developing redress

mechanisms for persons Ii

with HIV to ensure that their civil, political, economic and

social rights are protected.

ARTICLE II - EDUCATION AND INFORMATION

SEC. 11. Prevention Program. ~ There shall be an HIV and AIDS prevention program that
shall educate the public on these and other sexually transmitted infections, with the goal of
reducing risky behavior, lowering vulnerabilities, and promoting the human rights of persons
living with HIV. The Council 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 in the general population, especially among the 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.

The HIV and AIDS prevention programs shall be age-appropriate and based on up-to-
date evidence and scientific strategies, and shall actively promote:
(a) safer sex practices among the general population, especially among key populations;
(b) safer sex practices that reduce risk of HIV infection;
(©) universal access to evidence-based and relevant information and education, and
medically safe, legally affordable, effective and quality treatment;
(d) sexual abstinence and sexual fidelity; and

(c) consistent and correct condom use.

SEC. 12. Education in Learning Institutions. - Using standardized information and data from
the Council, 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

ul


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8

ways of preventing the spread of HIV and AIDS and other sexually transmitted infections in
their respective curricula taught in public and private learning institutions, including
alternative and indigenous learning systems. The learning modules shall include human rights
based principles and information on treatment, care and support to promote stigma reduction,
The DepEd, CHED and TESDA shall ensure the development and provision of
psychosocial support and counseling in learning institutions for the development of positive
health, promotion of values and behavior pertaining to reproductive health in coordination
with the Department of Health, For this purpose, funds shall be allocated for the training and
certification of teachers and school counselors.
SEC. 13. Education as a Right to Health and Information. - HIV and AIDS education and

information dissemination shall form part of the constitutional right to health.

SEC. 14. Education in the Workplace. - All public and private employers and employees

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
in, The
1e National Police

non HIV

Civil Service Commission (CSC) for the public sector shall implement this prov

members of the Armed Forces of the Philippines (AFP) and the PI
(PNP) shall likewise be provided with standardized ba

information and instru

and AIDS by the DOH in partnership with appropriate agencies.

SEC. 15. Education for Filipinos Going Abroad. - The Department of Foreign Affairs (DFA)
shall, in coordination with the Commission on Filipino Overseas, Department of Labor and
Employment and the Council, ensure that all overseas Filipino workers, — including
diplomatic, military, trade, labor officials, and personnel and their families to be assigned
overseas, shall undergo or attend a seminar on HIV and AIDS and shall be provided with

s before certification

information on how to access on-site HIV-related services and faci

for overseas assignment,

SEC.16. Information for Tourists and Transients. - Educational materials on the cause,

modes of transmission, prevention, and consequences of HIV infection and list of HIV

counseling testing facilities shall be adequately provided at all international and local ports of
12


entry and exit, The Department of Tourism (DOT), the Department of Foreign Affairs (DFA),
Department of Transportation and Communication (DOTC) and the Bureau of Immigration,
in coordination with the Council and stakeholders in the tourism industry, shall lead the

implementation of this Section.

SEC.17. Education in Communities. - The DILG, League of Provinces, League of Cities
and League of Municipalities, through the Local HIV and AIDS Council (LAC) or the Local
Health Boards and,
sectoral community response to HIV and AIDS by raising awareness about it and ways to

coordination with the Council, shall implement a locally based, multi-

curtail its transmission.

Gender and Development (GAD) funds and other sources may be utilized for these

purposes.
‘The Department of Interior and Local Government (DILG), in ordination with the
DSWD, shall also conduct age- appropriate HIV and AIDS education for out-of-school

youths.

SEC.18. Education for Key Populations and Vulnerable Communities. - To ensure that HIV

services reach key populations at higher risk, the Council, in collaboration with the local

government units and civil society organizations engaged in HIV and AIDS programs and
projects, shall support and provide funding for HIV and AIDS education programs, such as
peer education, support groups, outreach activities and community-based research that target
these populations and other vulnerable communities. The DOH shall, in coordination with
appropriate agencies and the Council shall craft the guidelines, and standardized information

messages for peer education, support group and outreach activities.

SEC.19. Prevention in Prisons and Other Closed-Settings. — All prisons, rehabilitation
centers and other closed-setting institutions shall have comprehensive STI, HIV and AIDS
prevention and control program that includes HIV education and information, HIV
counseling and testing, access to HIV treatment and care services. The DOH shall, in
coordination with DILG, DOJ, and DSWD, develop HIV and AIDS comprehensive program
and policies which include the HIV counseling and testing procedures.

Persons living with HIV in prisons and closed-setting shall be provided HIV
treatment, which includes ARV drugs, care and support in accordance with the national
guidelines. Efforts should be undertaken to ensure the continuity of care at all stages, from

13


admission or imprisonment to release. The provision on informed consent and confidentiality

shall also apply in closed-settings.

SEC.20. Information on Prophylactics. - Appropriate information shall be attached to or

provided with every prophylactic offered for sale or given as a donation. Such information

shall be legibly printed in English and Filipino, and contain literature on the proper use of the

prophylactic device or agent, its efficacy against HIV and STI, as well as the importance of

sexual abstinence and mutual fid

SEC. 21. Misinformation on HIV and AIDS. - Misinformation on HIV and AIDS, which

sin any of the multimedia or the

includes false and misleading advertising and clai

promotional marketing of drugs, devices, agents or procedures without prior approval from

the DOH through the Food and Drug Authority (FDA) and without the requisite medical and
scientific basis, including markings and indications in drugs and devices or agents, purporting

to be a cure ora fail-safe prophylactic for HIV infection, shall be prohibited.

ARTICLE Il - PREVENTIVE MEASURES, SAFE PRACTICES AND
PROCEDURES

tion with the

SEC. 22. Positive Health, Dignity and Prevention. - The Council, in coordi
DOH, local government units, and other relevant government agencies, private sector, civil
society organizations, faith-based organizations, and persons living with HIV, shall support

preventive measures that shall focus on the positive roles of persons living with HIV. Such

preventive measures shall include the following:

(a) Creation of rights-based and community-led behavior modification programs that

seek to encourage HIV risk reduction behavior among persons living with HI
(b) Establishment and enforcement of rights-based mechanisms to strongly encourage
newly tested HIV-positive individuals to conduct partner notification and to promote
HIV status disclosure to sexual partners;
(©) Establishment of standard precautionary measures in public and private health

facilities;

(d) Accessibility of anti-retroviral treatment, management of opportunistic infections; and

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(©) Mobilization of communities of persons living with HIV, for public awareness

campaigns and stigma reduction activities.

The enforcement of this section shall not lead to or result in the discrimination or

violation of the rights of persons living with HIV.

SEC. 23. Harm Reduction Strategies, - The DILG and the DOH, in close coordination with
the Dangerous Drugs Board and in partnership with the key affected population, shall

establish a human rights and evidenced-based HIV prevention policy and program for people
who use and inject drugs.

The presence of used or unused condoms, other safer sex paraphernalia and sterile
injecting equipment, shall not be used as basis to conduct raids or similar police operations in
sites and venues of HIV prevention interventions. The DILG and DOH, in coordination with
the Dangerous Drugs Board, shall establish a national policy to guarantee the implementation

of this provision.

SEC. 24. Preventing Mother-to-Child HIV Transmission. - ‘The DOH shall implement a
program to prevent mother-to-child HIV transmission that shall be integrated into its maternal

and child health servic

SEC. 25. Standard Precaution on the Donation of Blood, Tissue, or Organ. - The DOH shall

enforce the following guidelines on donation of blood, tissue or organ:

(a) A donation of tissue or organs, whether gratuitous or onerous, shall be accepted by a
laboratory or institution only after a sample from the donor has been tested negative
for HIV;

(b) All donated blood shall also be subject to HIV testing. HIV-positive blood shall be
disposed of properly and immediately; and

(©) A second testing may be demanded, as a matter of right, by the blood, tissue, or organ

recipients or their immediate relatives before transfusion or transplant, except di

emergency cases.

Donations of blood, tissue or organ testing positive for HIV may be accepted for
research purposes only, and shall be subject to strict sanitary disposal requirements.
15


SEC. 26. Standard Precaution on Surgical and Other Similar Procedures. - The DOH shall,
in consultation with concerned professional organizations and hospital associations, issue
guidelines on precautions against HIV transmission during surgical, dental, embalming, body
painting or tattooing that require the use of needles, or similar procedures. The necessary
protective equipment such as gloves, goggles and gowns shall be prescribed and required,
and made available to all physicians and health care providers, tattoo artists, and similarly

exposed personnel at all times.

ARTICLE IV - TESTING, SCREENING AND COUNSELING

SEC. 27. Voluntary 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, 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.
HIV testing and counseling shall be made available to a child who is fifteen (15) years

old but below eighteen (18) years of age, who requests to undergo these procedures and

counseling and other related services under any of the following conditions:

(a) The child, expresses the intention to submit to HIV testing and counseling and other
related services;

(b) Reasonable efforts were undertaken to locate, provide counseling to, and obtain
consent of parents, but the parents are absent or cannot be located, or otherwise refuse
to give their consent, In this case, consent shall be obtained from the child’s legal
guardian or whenever applicable, from licensed social worker, licensed health service
providers or a DOH accredited health service provider assigned to provide health
services to a child. The licensed social worker, health care provider or other health
care professional shall determine if the child is “at higher risk of HIV exposure” as
defined in this Act, and that the conduct of the testing and counseling is in the child’s

best interest and welfare.


SEC. 26. Standard Precaution on Surgical and Other Similar Procedures. - The DOH shall,

in consultation with concerned professional organizations and hospital associations, issue

guidelines on precautions against HIV transmission during surgical, dental, embalming, body
painting or tattooing that require the use of needles, or similar procedures. The necessary
protective equipment such as gloves, goggles and gowns shall be prescribed and required,
and made available to all physicians and health care providers, tattoo artists, and similarly

exposed personnel at all times
ARTICLE IV - TESTING, SCREENING AND COUNSELING
SEC. 27. Voluntary 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.

Ifthe person is below fifteen (15) years of age or is mentally incapacitated, such consent shall

be obtained from the child’s parents, 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

HIV testing and counseling shall be made available to a child who is fifteen (15) years
old but below eighteen (18) years of age, who requests to undergo these procedures and

counseling and other related services under any of the following conditions:

(a) The child, expresses the intention to submit to HIV testing and counseling and other
related services;

(b) Reasonable efforts were undertaken to locate, provide counseling to, and obtain
consent of parents, but the parents are absent or cannot be located, or otherwise refuse

to give their consent. In this case, consent shall be obtained from the child’s legal

guardian or whenever applicable, from licensed social worker, licensed health service
providers or a DOH accredited health service provider assigned to provide health
services to a child. The licensed social worker, health care provider or other health
care professional shall determine if the child is “at higher risk of HIV exposure” as
defined in this Act, and that the conduct of the testing and counseling is in the child’s

best interest and welfare.


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(©) In every circumstance, proper counseling shall be conducted by a social worker, a
health care provider or other health care professional, accredited by the DOH or
DSWD.

SEC. 28. Compulsory HIV Testing. - Compulsory HIV testing 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. $353 otherwise known as the ‘Anti-Rape Law of 199

(b) When it is necessary to resolve relevant issues under Executive Order No. 209,
otherwise known as “Family Code of the Philippines’;

(©) 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.’

SEC. 29. HIV Counseling and Testing. ~ To ensure access to voluntary and confidential HIV
testing, which shall include client-initiated HIV testing and routine provider-initiated testing,
the DOH shall:

(a) accredit public and private HIV testing facilities based on capacity to deliver testing

services including HIV counseling: Provided, That, only DOH-accredited HIV testing

facilities shall be allowed to conduct HIV testing:

(b) develop the guidelines for HIV testing and counseling, including mobile HIV testing
and counseling and routine provider-initiated HIV counseling and testing that shall
ensure, among others, that HIV testing is based on informed consent, is voluntary and
confidential, and is available at all times and provided by qualified persons and DOH-
accredited providers;

(©) accredit institutions or organizations that train HIV and AIDS counselors in
coordination with DSWD; and

(d) set the standards for HIV counseling and work closely with HIV and AIDS civil
society organizations that train HIV and AIDS counselors and peer educators in

coordination and participation of nongovernment organizations (NGOs), government

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organizations (GOs) and Civil Society Organization-People Living with HIV (CSO-
PLHIV).

All HIV testing facilities shall provide free pre-test and post-test HIV counseling to
individuals who wish to avail of HIV testing, which shall likewise be confidential. No HIV
testing shall be conducted without informed consent. The State shall ensure that specific
approaches to HIV counseling and testing are adopted based on the nature and extent of
HIV/AIDS incidence in the country.

The DOH shall also ensure access to routine HIV testing as part of clinical care in all

health care settings.
ARTICLE V - HEALTH AND SUPPORT SERVICES
SEC. 30. Access to Treatment by Indigents. - The DOH shall establish a program that will

provide free and accessible anti-retroviral treatment to all indigents living with HIV who are
ilable

istic infections shall be made av;

enrolled in the program. Free medication for opportu
to all indigents in the government treatment hubs. It shall likewise designate public and
private hospitals to become satellite hubs with an established HIV and AIDS Core Team
(HACT). A manual of procedures for management of people living with HIV shall be
developed by the DOH.

SEC. 31. 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 DSWD, in coordination with the DILG, DOLE and
TESDA, shall develop enabling policies and guidelines to ensure economic empowerment

and independence designed for persons living with HIV.

SEC. 32. Care and Support for Persons Living with HIV. ~The DSWD, in coordination with
DOH and TESDA 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.


SEC. 33. Care and Support for Overseas Workers Living with HIV. - The Overseas Workers
Welfare Administration (OWWA), in coordination with the DSWD, the DFA, Commission
on Filipino Overseas and the Bureau of Quarantine, shall develop a program to provide a
stigma-free comprehensive reintegration, care and support program, including economic,
social and medical support, for overseas workers, regardless of employment status and stage

in the migration process.

SEC. 34. 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:

(a) A person volunteers or freely agrees 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",

SEC. 35, HIV Anti-Body Testing for Pregnant Women. — A health care provider who offers
pre-natal medical care shall routinely conduct HIV screening with an opt-out HIV testing for
pregnant women, The DOH shall provide the necessary guidelines for healthcare providers in

the conduct of the screening procedure.

SEC.36. Immunity from Suit for HIV Educators, Licensed Social Workers, Health 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 HIV prevention, or in relation to the legitimate exercise of protective
custody of children, whenever applicable. This immunity does not cover acts which are

committed in violation of this Act.

SEC. 37. Health Insurance. - The Philippine 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,
and a set of benefits to the unborn and newborn child infected by their mothers. Additionally,
it shall set a reference price for HIV services in government hospitals and conduct programs

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to educate the human resource units of companies on the PhilHealth package on HIV and
AIDS.

The PhilHealth shall enforce confidentiality in the provision of these packages to
persons living with HIV.

No person living with HIV shall be denied or deprived of private health insurance by
a Health Maintenance Organization (HMO) and private life insurance coverage by a life

insurance company on the basis of the person’s HIV status. The Insurance Commission shall

enforce the provision of life insurance coverage by persons applying for such services and

shall develop the necessary policies to ensure compliance.

SEC. 38. HIV and AIDS Monitoring and Evaluation, - The DOH shall maintain 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 government evaluate the adequacy and efficacy of
HIV prevention and treatment programs being employed;

(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

formation

and relevant data from public and private hospitals, various databanks 01
systems: Provided, That it shall adopt a coding system that ensures anonymity and
confidentiality; and

(©) Submit, through its Secretariat, an annual report to the Council containing the findings

of its monitoring and evaluation activities in compliance with this mandate.

ARTICLE VI - CONFIDENTIALITY

SEC. 39. Confidentiality. — The confidentiality and privacy of any individual who has been
tested for HIV, exposed to HIV, has HIV infection or HIV and AIDS-related illnesses, or was
treated for HIV-related illnesses shall be guaranteed. The following acts violate

confidentiality and privacy:

(a) Disclosure of confidential HIV and AIDS information. - Unless otherwise provided in
Section 40 of this Act, it shall be unlawful to disclose, without written consent,
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information that a person had HIV-related test and AIDS, has HIV infection, HIV-
related illnesses or 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 HIV-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.

(b) Media Disclosure. - It shall be unlawful for any editor, publisher, reporter or
columnist, in case of printed materials, announcer or producer in case of television
and radio broadcasting, producer and director of films 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.

SEC. 40. Exceptions. - Confidential HIV and AIDS information may be released by HIV

testing facilities without written consent in the following instances:

(a) when complying with 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;

(b) when informing other health workers directly involved in the treatment or care of a

person living with HIV: Provided, That such worker shall be required to perform the

duty of shared medical confidentiality; and
(©) 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
ig
been verified for accuracy by the head of the office or department, shall remain

status of an individual: Provided, That the confidential medical record, after havi

anonymous and unlinked and 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.

- 41. Release of HIV-Related Test Results. - The result of any test related to HIV shall be

released by the attending physician, who provides pre- and post-test counseling only to the

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individual who submitted to the test. If the patient is below fifteen (15) years old, an orphan,
or is mentally incapacitated, the result may be released to either of the patient’s parents, legal

guardian, or a duly assigned licensed social worker, whichever is applicable,

SEC. 42. Disclosure to Sexual Partners. - Any person who, after having been tested, is
found to be infected with HIV, is strongly encouraged 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 qualified professionals including

medical professionals, health workers, peer educators, or social workers to support him in

disclosing this health condition to one’s partner or spouse. Confidentiality shall likewise be

observed. Further, the DOH, through the Council, shall establish an enabling environment to

encourage newly tested HIV positive individuals to disclose their status to sexual partners.

SEC. 43. Duty of Employers, Heads of Government Offices, Heads of Public and Private

Schools or Training Institutions, and Local Chief Executives. - \t shall be the duty of private

employers, heads of government offices, heads of public and private schools or training

itutions, 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 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: and

(b) create a permanent committee on the investigation of discrimination cases. The
committee shall conduct meetings to increase the members’ 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.

ARTICLE VII - DISCRIMINATORY ACTS AND PRACTICES

SEC. 44. The following are discriminatory acts and practices and shall be prohibited:

(@ Discrimination in the Workplace.- The rejection of job application, termination of
employment, or other discriminatory policies in hiring, provision of employment and
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other related benefits, promotion or assignment of an individual solely or partially on
the basis of actual, perceived, or suspected HIV status;

(b) Discrimination in Learning Institutions. - 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 HIV status;

(©) Restriction on Travel and Habitation, - Restrictions on travel within the Philippines,
refusal of lawful entry to Philippine territory, deportation from the Philippines, or the
quarantine or enforced isolation of travelers solely or partially on account of actual,
perceived or suspected HIV status is discriminatory; the same standard of protection
shall be afforded to migrants, visitors and residents who are not Filipino citizens,

() Restrictions on Housing or Lodging — Restrictions on housing or lodging solely or
partially on the basis of actual, perceived or suspected HIV status;

(@) Inhibition from Public Services. - Prohibition on the right to seek an elective or
appointive public office solely or partially on the basis of actual, perceived or
suspected HIV status;

() Exclusion from Credit and Insurance Services. - Exclusion from health, accident, or
life insurance, credit and loan services, including the extension of such loan or

insurance facil

, of an individual solely or partially on the basis of actual,
perceived, or suspected HIV status: Provided, That the person living with HIV has not
misrepresented the fact to the insurance company or loan or credit service provider
upon application,

(g) Discrimination in Hospitals and Health Institutions. - Denial of health services, or be
charged with a higher fee, on the basis of actual, perceived or suspected HIV status;
and

(h) Denial of Burial Services. - Denial of embalming and burial services for a deceased

person who had HIV and AIDS or who was known, suspected or perceived to be HIV

posi

SEC. 45. Penalties. — The corresponding penalties shall be imposed upon:

(a) Any person who commits the prohibited act under Section 21 of this Act shall upon

conviction, suffer the penalty of imprisonment of two (2) months to two (2) years,

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without prejudice to the imposition of fines and administrative sanctions, such as
suspension or revocation of professional or business license;

(b) Any person who violates the last paragraph of Section 23 of this Act shall, upon
conviction, suffer the penalty of imprisonment of one (1) year to five (5) years and a
fine of not less than one hundred thousand pesos (P 100,000.00) but not more than
five hundred thousand pesos (P $00,000.00). Provided, That the law enforcement
agents found guilty 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 profe:

n through unsafe and unsanitary practice and

procedure shall, upon conviction, suffer the penalty of imprisonment of six (6) years

to twelve (12) years, without prejudice to the imposition of fines and administrative
sanctions, such as suspension or revocation of professional license.
‘The permit or license of the business entity and the accreditation of the HIV testing
centers may be cancelled or withdrawn if these establishments fail to maintain safe
practices and procedures as may be required by the guidelines formulated in
compliance with Sections 25 and 26 of this Act;

(@) Any person who violates Section 36 of this Act shall, upon conviction, suffer the
penalty of imprisonment of six (6) months to five (5) years and a fine of not less than
‘one hundred thousand pesos (P 100,000.00) but not more than five hundred thousand
pesos (P 500,000.00): Provided, That if the person who violates this provision is a

1, adm

in addition to imprisonment and/or fine, at the discretion of the court;

law enforcement agent or a public offi trative sanctions may be imposed
(e) Any person, natural or juridical, who denies life insurance coverage of any person
living with HIV in violation of Section 37 of this Act shall, upon conviction, suffer
the penalty of imprisonment of six (6) months to five (5) years and /or a fine of not
less than fifty thousand pesos (P 50,000.00), at the discretion of the court, and without
prejudice to the imposition of administrative sanctions such as fines, suspension or

revocation of business permit, business license or accreditation, and professional

nse;

(®) Any person, natural or juridical, who violates the provisions in subparagraphs (a) and
(b) of Section 39 of this Act shall, upon conviction, suffer the penalty of
imprisonment of six (6) months to five (5) years, and/or a fine of not less than fifty
thousand pesos (P 50,000.00) but not more than five hundred thousand (P
500,000.00), or both imprisonment and fine, at the discretion of the court, and without

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prejudice to the imposition of administrative sanctions si

ch as. suspension or

revocation of business permit, business license or accreditation, and professional

license;

Section 44

(g) Any person, natural or juridical, who shall violate any of the provision
shall , upon conviction, suffer the penalty of imprisonment of six (6) months to five
(5) years and /or a fine of not less than fifty thousand pesos (P 50,000.00) but not
more than five hundred thousand (P 500,000.00), at the discretion of the court, and
without prejudice to the imposition of administrative sanctions such as fines,
suspension or revocation of business permit, business license or accreditation, and
professional license; and

(h) Any person who has obtained knowledge of confidential HIV and AIDS information
and uses such informa

shall face liability under Articles 19, 20, 21 and 26 of the new Civil Code of the

jon to malign or cause damage, injury or loss to another person

Philippines.

Fines and penalties collected pursuant to this Section shall be deposited in the

National Treasury.

SEC. 46. Appropriations. ~The amount needed for the plementation of this Act
shall be charged against the appropriations for 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.

‘The funding requirement needed to provide for the health insurance package and other
services for persons living with HIV as stated in Section 37 hereof shall be charged against

the PhilHealth’s corporate funds.

SEC. 47. Transitory Provision. - The personnel designated by the DOH as Secretariat of the
Council under Section 7 of this Act shall be absorbed as permanent personnel to fill the

positions of the Secretariat as provided in this Act.
SEC. 48. Implementing Rules and Regulations. - The Council within ninety (90) days from
the effectivity of this Act shall promulgate the necessary rules and regulations for the

effective implementation of the provisions of this Act.

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SEC. 49. Repealing Clause. - Republic Act No. 8504, otherwise known as the “Philippine
AIDS Prevention and Control Act of 1998,” is hereby repealed.

All decrees, executive orders, proclamations and administrative regulations or parts
thereof, particularly in the Republic Act No. 3815, otherwise known as the Revised Penal
Code, Republic Act No. 8353, otherwise known as the Anti-Rape Law of 1997, Executive
Order No. 209, otherwise known as the Family Code of the Philippines, Republic Act No.
7719, otherwise known as the National Blood Services Act, Republic Act No. 9165,
otherwise known as the Dangerous Drugs Act and Republic Act No. 7170, otherwise known
as the Organ Donation Act of 1991, inconsistent with the provisions of this Act are hereby

repealed, amended or modified accordingly.

SEC. 50. Separability Clause. - If any provision or part of this Act is declared

itional the remaining parts or provisions not affected shall remain in full force and

SEC. 51. Effectivity. - This Act shall take effect fifteen (15) days after its complete

publication in the Official Gazette or in a newspaper of general circulation,

Approved,

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