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Republic of the Philippines bid wir a
HOUSE OF REPRESENTAT! IG 2016
Quezon City i
SEVENTEENTH CONGRESS
First Regular Session
2b¢4 | PEO'STR ATION UNIT
HOUSE BILL NO. pene ler

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY
ON HIV-AIDS PREVENTION, TREATMENT, CARE AND SUPPORT,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE
KNOWN AS "THE PHILLIPINE AIDS PREVENTION AND CONTROL ACT OF
1998", AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

This version of the anti-HIV and AIDS bill is the same measure, which was
approved by the Committee on Health and Demography of the Philippine Senate during
the 16% Congress.

It is being re-filed as a complementary measure to the landmark anti-TB law
(Republic Act No. 10767, otherwise known as the “Comprehensive Tuberculosis
Elimination Plan Act”), which was recently enacted into law and principally authored by
this representation, tuberculosis being the leading cause of HIV-related deaths.

TB can occur at any point in the course of HIV infection. According to the World
Health Organization, about one in three of the 42 million people living with HIV are co-
infected with TB and ninety percent (90%) of them will die within a few months without
the right treatment.

The Barcelona Declaration recognizes that “TB co-infections such as HIV and
diabetes compound the challenges faced by patients during treatment, hindering efforts
to reduce rates of disease and increasing the mortality and morbidity associated with
‘TB, and that healthcare systems should integrate programmes for key co-infections.”

Without doubt, fighting tuberculosis includes tackling other related challenges as
well, which includes among others its co-infection with HIV. Hence, inasmuch as there
is a spiraling number of HIV cases infection reported each day in the Philippines and if
not stopped and reversed, the total number of HIV cases could rise to staggering
number, it is imperative to address the gaps in the existing HIV and AIDS law.

This measure presents the need for evidence-informed strategies and approaches
that could curb and halt the spread of the HIV. It proposes the restructuring of the
present legal framework on HIV and AIDS, making the HIV response flexible and
relevant to the characteristic of the HIV epidemic facing the country today.

The bill intends to clarify the roles and responsibilities of state institutions
involved in the HIV and AIDS response, from government agencies to local government
units, thus ensuring the effectiveness and efficiency of the structure governing the
response. It provides for the establishment of the National Multi-Sectoral HIV and AIDS
Strategic Plan, thus creating a road map on HIV and AIDS that has clear strategies,
targets, operationalization framework, and funding. Also, it provides for the
strengthening of the stigma reduction mechanisms of the law, which guarantees that the
country's HIV and AIDS response is premised on the respect, recognition and
promotion of human dignity.

°RISENT ATES


In view of the alarming increase in HIV infection in the country, immediate
action, specifically in terms of relevant and timely legislation, is necessary.

Hence, approval of this bill is earnestly requested.

ANGELINA of Mra. TAN, M.D.

4 District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__ ©?“

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY
ON HIV-AIDS PREVENTION, TREATMENT, CARE AND SUPPORT,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE
KNOWN AS "THE PHILLIPINE 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:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Philippine HIV and
AIDS Act".

SEC. 2. Declaration of Policies. - 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 and shall be anchored
on the principles of human rights and human dignity. 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 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 (CSOs), and persons living
with HIV are involved in 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 and promotion of human rights are the cornerstone of an
effective response to the HIV epidemic. Towards this end, the State shall ensure the
delivery of non-discriminatory HIV and AIDS services by government and private HIV
and AIDS service providers and develop redress mechanism for persons living with HIV
to ensure that their civil, political, economic and social rights are protected. HIV and
AIDS education and information dissemination shall likewise form part of the right to
health. And unless otherwise provided in this Act, the confidentiality, anonymity, and


voluntary nature of HIV testing and HIV-related testing shall always be guaranteed and
protected by the State.

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

(a) Acquired Immune Deficiency Syndrome (AIDS) refers to a health
condition where there is deficiency of the immune system that stems from infection with
HIV, making an individual susceptible to opportunistic infections.

(b) Antiretroviral (ARV) refers to the treatment that stops or suppresses viral
replication or replications of a retrovirus like HIV thereby slowing down the progress
of infection.

(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.

() Discrimination refers to any action taken to distinguish, exclude, restrict or
show preference based on 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.

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

(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) High-risk Behavior refers to a person’s engagement in activities that
increase the risk of transmitting or acquiring HIV.

() High-risk Occupations refer to occupations which pose a high risk of
transmission of HIV and AIDS and STIs.

(j) Human Immunodeficiency Virus (HIV) refers to a virus which weakens
and destroys the human body’s ability to fight infections and some cancers.

(k) 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.

@ 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.


(m) HIV Counseling refers to a communication process between a client or
patient and a trained HIV counselor wherein the latter explores, discovers and clarifies
ways that will enable the client or patient to make an informed decision in accessing
available HIV-related services.

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

(0) HIV-Related Testing refers to appropriate laboratory testing or procedure
done on an HIV-positive individual.

(p) HIV testing refers to a procedure that is conducted to determine the
presence or absence of HIV infection in a person’s body, is confidential, voluntary in
nature and must be accompanied by counseling prior to, and after the testing, and
conducted only with the informed consent of the person.

(q) 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 HIV
counseling and HIV testing.

(1) 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 or mother-to-child
transmission.

(s) Key populations refer to affected populations at higher risk of HIV
exposure as determined by the Philippine National AIDS Council (PNAC) whose
behavior make them more likely to be exposed to HIV or to transmit the virus.

(t) Mandatory HIV Testing refers to HIV testing which is required, regardless
of consent, due to special situations and circumstances.

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

(v) Opportunistic infection refers to illnesses caused by various organisms,
many of which do not cause disease in persons with health immune system.

(w) Partner Notification refers to the process by which the ‘index client’,
‘source’ or ‘patient’, who has 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.

(x) Person Living with HIV refers to any individual diagnosed to be infected
with HIV.

(y) Pre-test Counseling refers to the process of providing an individual
information on the biomedical aspects of HIV and AIDS and emotional support to any
psychological implications of undergoing HIV testing and the test result itself before the
individual is subjected to test.


() 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.

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

(bb) Provider-initiated Counseling and Testing refers to a health care
provider initiating HIV anti-body testing to a person practicing high-risk behavior or to
a person vulnerable to HIV after conducting HIV pre-testing counseling.

(cc) Routine HIV Testing refers to HIV testing recommended at health care
facilities as a standard component of medical care and 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 facili

(dd) Safer Sex Practices refer to choices made and behaviors adopted by a
person to reduce or minimize the risk of HIV transmission, including but not limited to
abstinence, postponing sexual debut, non-penetrative sex, correct and consistent use of
male or female condoms, and reducing the number of sexual partners.

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

(ff) 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.

(gg) 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 thesemlves against
hazards and interruptions/loss of income.

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

(ii) Treatment hubs refer to private and public hospitals or medical
establishments accredited by the DOH to have the capacity and facility to manage HIV
patients medically.

()_ Vulnerable Communities refer to communities and groups who are
suffering from vulnerabilities such as unequal opportunities, social exclusion, poverty,
unemployment, and other similar social, economic, cultural and political conditions,
making them more susceptible to HIV infection and to developing AIDS.

(kk) Workplace 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
definite work site, regularly report for assignment in the course of their employment.

ARTICLE II
PHILIPPINE NATIONAL AIDS COUNCIL

SEC. 4. Philippine National AIDS Council (PNAC). - The PNAC,
established under Section 43 of R.A. 8504 otherwise known as the “Philippine AIDS
Prevention and Control Act of 1998”, shall be reconstituted and streamlined to ensure
the implementation of the country’s response to the HIV and AIDS epidemic.


SEC. 5. Functions of PNAC. - The PNAC shall be the central advisory, planning,
and policy-making body for the comprehensive and integrated HIV and AIDS
prevention and control program in the Philippines. The PNAC shall perform the
following functions:

1, Develop the National HIV and AIDS Program in collaboration with relevant
government agencies and CSOs;

2. Ensure guidelines and policies that are stipulated in this Act including other
policies that may be necessary to implement the National HIV and AIDS Program;

3. Strengthen the collaboration between government agencies and CSOs involved
in the implementation of the National HIV and AIDS Program, including the delivery of
HIV and AIDS related services;

4. 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;

5. Advocate for policy reforms to Congress and other government agencies to
strengthen the country’s response to the epidemic; and

6. Submit an annual report, including the findings of the DOH on monitoring and
evaluation of the National HIV and AIDS Program, to the Office of the President,
Congress, and members of PNAC.

SEC. 6. Membership, Composition, Appointment, Quorum and Term
of Office. -

(a) The PNAC shall be composed of twenty-three (23) members as follows:

1. The Secretary of the DOH;

2. The Secretary of the Department of Education (DepEd) or his/her
representative;

3. The Secretary of the Department of Labor and Employment (DOLE) or his/her
representative;

4. The Secretary of the Department of Social Welfare and Development (DSWD)
or his/her representative;

5. The Secretary of the Department of Interior and Local Government (DILG) or
his/her representative;

6. The Secretary of the Department of Justice (DOJ) or his/her representative;

7. The Secretary of the Department of Foreign Affairs (DFA) or his/her
representative;

8. The Secretary of the Department of Budget and Management (DBM) or his/her
representative;

9. The Chairperson of the Civil Service Commission (CSC) or his/her
representative;

10. The Director General of the Technical Education and Skills Development
Authority (TESDA) or his/her representative;
11. The Director General of the National Economic and Development Authority
(NEDA) or his/her representative;

12, The President of the League of Provinces or his/her representative;

13. The President of the League of Cities or his/her representative;

14. The Commissioner of the Insurance Commission or his/her representative;

15. The Head of the Philippine Information Agency (PIA) or his/her
representative;

16. The Chairperson of the National Youth Commission (NYC or his/her
representative;



17. Two (2) representatives from medical /health organizations;
18. Three (3) representatives from CSOs; and
19. Two (2) persons living with HIV.

(b) The Members of the PNAC shall be appointed by the President of the Republic
of the Philippines;

(c) The Members of the PNAC shall be appointed not later than thirty (30) days
after the date of the enactment of this Act;

(d) The Secretary of Health shall be the permanent chairperson of the PNAC;
however, the vice-chairperson shall be elected by its members from among themselves,
and shall serve for a term of two (2) years; and

(e) For two (2) members representing medical/health professional groups, the
three (3) members representing the CSOs, and two (2) persons living with HIV, they
shall serve for a term of two (2) years, renewable upon recommendation of the PNAC.

SEC. 7. Secretariat. — The National HIV and AIDS and STI Prevention Control
Program (NASPCP) of the DOH shall now be known as the National HIV and AIDS and
STI Prevention and Control Service (NASPCS) shall serve the Secretariat of the PNAC.

The NASPCS shall be composed of qualified medical specialists and support
personnel. It shall have an adequate yearly budget necessary for the implementation of
this Act.

The current personnel of the NASPCP shall be transferred to the NASPCS. There
shall be no demotion of ranks and positions and no diminution in salaries, benefits,
allowances, and emoluments.

The NASPCS shall:

(a) Assist the PNAC in the development of the National Multi-Sectoral HIV and
AIDS Strategic Plan and the AIDS Medium Term Plan (AMTP);

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

(c) Coordinate with the PNAC 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 and the AMTP.

SEC. 8. National Multi-Sectoral HIV and AIDS Strategic Plan. — A six-
year National Multi-Sectoral HIV and AIDS Strategic Plan and AMTP shall be
formulated and periodically updated by the PNAC. 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 to HIV and AIDS;

(©) 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


(d) The budgetary requirement and a corollary investment plan that shall identify
the sources of funds for its implementation.

ARTICLE Ill
EDUCATION AND INFORMATION

SEC. 9. Education and Prevention Programs. ~ There shall be an HIV and
AIDS education and prevention program that shall educate the public on HIV and AIDS,
as well as other STIs, with the goal of reducing high-risk behavior, lowering
vulnerabilities, and promoting the human rights of persons living with HIV. The PNAC
shall promote and adopt a range of measures and interventions, in consultation with
CSOs, 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 with HIV.

The HIV and AIDS education and 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, legal, affordable, effective and quality treatment;

(d) Sexual abstinence and sexual fidelity; and
(e) Consistent and correct condom use.

SEC. 10. HIV and AIDS Education in Learning Institutions. — Using
official information and data from the PNAC, the DepEd, the Commission on Higher
Education (CHED), and the TESDA shall integrate basic and age-appropriate
instruction on the causes, modes of transmission, and ways of preventing the spread of
HIV and AIDS and other STIs in subjects taught in public and private institutions at
intermediate grades, secondary, and tertiary levels, including non-formal 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 learning
modules that shall be developed to implement this provision shall be done in
coordination with the PNAC and stakeholders in the education sector. Referral
mechanism, including but not limited to the DSWD Referral System, shall be included
in modules for key populations and vulnerable communities.

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

SEC. 11, HIV and AIDS Education in the Workplace. - All. public and
private employees, workers, managers, and supervisors, including members of the
Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), shall
be regularly 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 DOLE, CSC, AFP, and PNP shall implement this
provision.


SEC. 12. HIV and AIDS Education for Filipinos Going Abroad. — The
PNAC, in coordination with the DFA, DOLE, Overseas Workers Welfare Administration
(OWWA) and the Commission on Filipinos Overseas (CFO), shall ensure that all
overseas Filipino workers, including diplomatic, military, trade, labor officials,
personnel, and their families to be assigned overseas, shall undergo or attend a seminar
on HIV and AIDS and shall be provided with information on how to access on-site HIV-
related services and facilities before certification for overseas assignment.

SEC. 13. HIV and AIDS Information for Tourists and Transients. -
Educational materials on the cause, modes of transmission, prevention, and
consequences of HIV infection and list of HIV counseling and testing facilities shall be
adequately provided at all international and local ports of entry and exit. The
Department of Tourism (DOT), DFA, Department of Transportation and
Communication (DOTC) and Bureau of Quarantine (BOQ), in coordination with the
PNAC and stakeholders in the tourism industry, shall lead the implementation of this
Section.

SEC. 14. HIV and AIDS Education in Communities. — Local Government
Units (LGUs), through the Local HIV and AIDS Council (LAC) or the Local Health
Boards, and in coordination with the PNAC, the DILG, and the League of Local
Governments, shall implement a locally-based multi-sectoral response to HIV and AIDS
through various channels on evidence-based, gender-responsive, age-appropriate, and
human rights-oriented prevention tools to stop the spread of HIV.

For these purposes, the LGUs and other concerned agencies are hereby
authorized to utilize the Gender and Development (GAD) funds and other sources for
HIV and AIDS education in communities.

In coordination with the DSWD, LGUs shall also conduct age-appropriate HIV
and AIDS education for out-of-school youths.

SEC. 15. HIV and AIDS Education for Key Populations and
Vulnerable Communities. - To ensure that HIV services reach key populations, the
State, through the PNAC and in coordination with CSOs, shall support and provide
funding for HIV and AIDS education programs, such as peer education, outreach
activities, and community-based research. The DOH, in coordination with appropriate
agencies and the PNAC, shall craft the guidelines and standardized information
messages for peer education and outreach activities which may be undertaken in various
settings including laboratory-based activities.

‘The LGUs shall implement a locally-based multi-sectoral response to HIV. For
these purposes, the LGUs are hereby authorized to utilize the GAD Funds and other
sources for HIV and AIDS education in communities.

SEC. 16. HIV and AIDS Prevention in Prisons and Other Closed-
Settings. — The DOH shall, in coordination with the Bureau of Jail Management and
Penology (BJMP), through the DILG, Bureau of Corrections (BuCor), LGUs, and the
DSWD, develop an HIV and AIDS comprehensive program which will be implemented
in all prisons, rehabilitation centers, and other closed-setting institutions. The program
shall include HIV education and in formation, HIV counseling and testing, and access to
HIV treatment and care services, among others.

Persons living with HIV in prisons and closed-settings shall be provided HIV
treatment, which includes ARV and care and support, in accordance with the guidelines
of the DOH and the Philippine National Health Insurance Corporation (PhilHealth).
Efforts should be undertaken to ensure the continuity of care at all stages, from
admission or imprisonment to release. The provision on informed consent and
confidentiality shall also apply in closed-settings.


SEC. 17. HIV and AIDS 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, and its
efficacy against HIV and STIs.

SEC. 18. Misinformation on HIV and AIDS. - Misinformation on HIV and
AIDS, which includes false and misleading advertising and claims in any of the
multimedia or promotional marketing of drugs, devices, agents or procedures without
prior approval from DOH through the Food and Drug Administration (FDA) and
without the requisite medical and scientific basis, including markings and indications in
drugs and devices or agents, purporting to be a cure or a fail-safe prophylactic for HIV
infection, shall be prohibited.

ARTICLE IV
PREVENTION

SEC. 19. Positive Health, Dignity and Prevention. - The PNAC, in
coordination with the DOH, LGUs, and other relevant government agencies, private
sector, CSOs, 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 HIV;

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;

c. Establishment of standard precautionary measures in public and private
health facilities;

d. Accessibility of ARV treatment, management of opportunistic infections; and

e. 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. 20. Prohibition on the Use of Condoms, Other Safer Sex
Paraphernalia, and Sterile Injecting Equipment as Basis for Raids and
Similar Police Operation. ~ It shall be unlawful to use the presence of used or
unused condoms, other safer sex paraphernalia, and sterile injecting equipment to
conduct raids or similar police operations in sites and venues of HIV prevention
interventions. The PNP, through the DILG and DOH, in coordination with the
Dangerous Drugs Board (DDB), shall establish a national policy to guarantee the
implementation of this provision.

SEC. 21. 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


c) Asecond 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
during emergency cases.

SEC. 22. 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 and similarly exposed personnel at all times.

ARTICLE V
TESTING, SCREENING, AND COUNSELING

SEC. 23. Voluntary and Opt-out Routine HIV Testing. — As a policy, the
State shall encourage voluntary and opt-out routine HIV testing, including provider-
initiated counseling and testing, as part of clinical care in all health settings. To this end,
the DOH shall develop guidelines for HIV testing to ensure that testing is voluntary and
confidential, except as otherwise provided in this Act, available at all times, and
provided by qualified persons and DOH-accredited providers.

In keeping with the principles of “evolving capacities of children” as defined in
Section 3 (f) of this Act, HIV testing shall be made available under the following
circumstances:

a. If the person is below fifteen (15) years of age or is mentally incapacitated,
consent to voluntary HIV testing shall be obtained from the child’s parents or legal
guardian. In cases when the child’s parents or legal guardian cannot be found, despite
reasonable efforts to locate the parents were undertaken, the consent shall be obtained
from the licensed social worker. If the child’s parents or legal guardian refuse to give
their consent, the consent shall likewise be obtained from the licensed social worker of
the latter determines that the child is at higher risk to HIV exposure and the conduct of
the voluntary HIV testing is in the best interest of the child.

b. If the person is fifteen (15) to below eighteen (18) years of age, consent to
voluntary HIV testing shall be obtained from the child.

SEC. 24. Mandatory HIV Testing. ~ Mandatory HIV testing shall be allowed
only in the following instances:

(a) When it is necessary to test a person who is charged with any 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) When it is necessary to resolve relevant issues under Executive Order No.
209, otherwise known as “Family Code of the Philippines”;

(c) Asa 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”; and

(d) When already hired or is currently working in a high-risk occupation.
SEC. 25. HIV Anti-Body Testing for Pregnant Women. — The DOH shall

implement a program to prevent mother-to-child HIV transmission that shall be
integrated into its maternal and child health services.


A health care provider who suffers pre-natal medical care shall conduct opt-out
routine HIV testing for pregnant women. The DOH shall provide the necessary
guidelines for healthcare providers in the conduct of the screening procedure.

SEC. 26. Pre-test Counseling and Post-test Counseling. — All HIV
testing facilities shall provide pre-test counseling and post-test counseling to the person
or the child, and the parents or legal guardian of the child who wish to avail of HIV
testing, as may be applicable.

Pre-test counseling and post-test counseling shall be done by the HIV and AIDS
counselor, licensed social worker, licensed health service provider, or a DOH-accredited
health service provider assigned to provide health services: Provided, That for
government HIV testing facilities, pre-test counseling and post-test counseling shall be
provided for free.

The State shall ensure that specific approaches to HIV counseling and testing are
adopted based on the nature and extent of HIV and AIDS incidence in the country. The
DOH shall set the standards for HIV counseling and shall work closely with CSOs that
train HIV and AIDS counselors and peer educators.

ARTICLE VI
HEALTH AND SUPPORT SERVICES

SEC. 27. Health Insurance. — The PhilHealth shall develop an insurance
package for persons living with HIV that shall include coverage for in-patient and out-
patient medical and diagnostic services, including medication and treatment. The
PhilHealth shall enforce confidentiality in the provision of these packages to persons
living with HIV.

No person living with HIV shall be denied or deprived of private health and life
insurance coverage on the basis of the person’s HIV status following the company’s
reasonable underwriting policies. The IC shall implement this provision and shall
develop the necessary policies to ensure compliance.

SEC. 28. Treatment for Persons Living with HIV and AIDS. - The DOH
shall establish a program that will provide free and accessible ARV treatment and
medication for opportunistic infections to persons living with HIV who are enrolled in
the program. It shall likewise designate public and private hospitals to become
treatment hubs with an established HIV and AIDS Core team.

SEC. 29. 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, except as may be provided under
this Act. 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. 30. Care and Support for Persons Living with HIV. - The DSWD,
in coordination with DOH, 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. 31. Care and Support for Overseas Filipinos Living with HIV. -
The OWWA, in coordination with the DSWD, DOH, PhilHealth, DFA, Philippine
Overseas Employment Administration (POEA), CFO, National Reintegration Center for


OFWs (NRCO) and BOQ shall develop a program, including economic, social and
medical support, for overseas Filipinos who have been repatriated or are about to be
repatriated due to their HIV status.

ARTICLE VIL
ACCREDITATION, MONITORING, AND EVALUATION

SEC. 32. Accreditation. — The DOH shall accredit:

(a) Public and private HIV testing facilities based on their capacity to deliver
testing services including HIV counseling.

(b) Institutions or organizations that train HIV and AIDS counselors in
coordination with DSWD; and

(©) Competent HIV and AIDS counselors for persons with disability, including
but not limited to, translators for the hearing-impaired and Braille for the visually-
impaired clients in coordination with the National Council for Disability Affairs
(NCDA).

SEC. 33. 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;

(D) Receive, collate, process, and evaluate all HIV and AIDS-related medical
reports from all hospitals, clinics, laboratories, and testing centers, including HIV-
related deaths and relevant data from public and private hospitals, various databanks or
information systems: Provided, That it shall adopt a coding system that ensures
anonymity and confidentiality; and

(c) Submit an annual report to the PNAC containing the findings of its
monitoring and evaluation activities in compliance with this mandate.

ARTICLE VIII
CONFIDENTIALITY

SEC. 34. 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 act violate confidentiality and privacy:

(a) Release of HIV testing and HIV-Related Test Results. — The result of any HIV
testing or HIV-related testing shall be released only to the individual who submitted to
the test after receiving post-test counseling. If a patient is below fifteen (15) years of age
or is mentally incapacitated, the result may be released to either of the patient's parents,
legal guardian, or the duly assigned licensed social worker, as may be applicable. If the
person is fifteen (15) to below eighteen (18) years of age, the result shall be released only
to the child tested after receiving post-test counseling.

(b) Disclosure of confidential HIV and AIDS information. — Unless otherwise
provided in Section 35 of this Act, it shall be unlawful to disclose, without written
consent, information that a person had an HIV-related test, 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.

(c) Media Disclosure. — It shall be unlawful for any editor, publisher, reporter, or
columnist in case of printed materials, or any announcer or producer in case of
television and radio broadcasting, or any producer or 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 except when the person
waives said confidentiality through his/her own acts of omission.

SEC. 35. Exemptions. ~ Confidential HIV and AIDS information may be
released by HIV testing facilities without written consent on the following grounds:

1. When complying to the reportorial requirements of the national active and
passive surveillance system of the DOH: Provided, That the information related to a
person’s identity shall remain confidential.

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

3. When responding to a subpoena duces tecum and subpoena ad testificandum
issued by a Court with jurisdiction over a legal proceeding where the main issue is the
HIV status of an individual: Provided, That the confidential medical record, after having
been verified for accuracy by the head of the office or department, shall be properly
sealed by its lawful custodian, hand delivered to the Court, and personally opened by the
judge: Provided, further, That the judicial proceedings shall be held in executive
session.

SEC. 36. Disclosure to Sexual Partners. - Any person who, after having
been tested, is found to be infected with HIV, is obliged to disclose this health condition
to the spouse or sexual partner at the earliest opportune time. A person living with HIV
may opt to seek help from medical professionals, health workers, or peer educators to
support him in disclosing this health condition to one’s partner or spouse,

ARTICLE IX
DISCRIMINATORY ACTS AND PRACTICES

SEC. 37. Discriminatory Acts and Practices. — The following are
discriminatory acts and practices and shall be prohibited:

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

(c) Restriction on Travel. — 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 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;

(a) Restriction on Habitation. — Restrictions on lodging solely on the basis of
actual, perceived, or suspected HIV status;

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

(6 Exclusion from Credit and Insurance Services. — Exclusion from health,
accident, life insurance, credit and loan services, including the extension of such loan or
insurance facilities, of an individual solely on the basis of actual, perceived, or suspected
HIV status despite having undergone the company’s reasonable underwriting processes
and pricing policies where the company’s decision is other than non-acceptance of
application: Provided, That the person living with HIV has not concealed or
misrepresented the fact to the insurance company, 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 for such health services, on the basis of actual,
perceived, or suspected HIV status;

(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-positive; and

(i) Other similar or analogous discriminatory acts.

SEC. 38. Duty of Employers, Heads of Government Offices, Heads of
Public and Private Schools or Training Institutions, and Local Chief
Executives, ~ It shall be the duty of private employers, heads of government offices,
heads of public and private schools or training institutions, and local chief executives,
over all private establishments within their territorial jurisdiction, to establish
guidelines that will prevent or deter acts of discrimination as provided under Section 37
of this Act against persons living with HIV and to provide procedures for the resolution,
settlement, or prosecution of said acts of discrimination. Towards this end, the
employer, head of office, or local chief executive shall, consistent with this Act and its
rules, as well as guidelines issued by the DOH and relevant government agencies;

(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
which shall conduct meetings to increase the members’ knowledge and understanding of
HIV and AIDS and prevent incidents of discrimination, as well as conduct the
administrative investigation of alleged cases of discrimination.

ARTICLE X
PROHIBITED ACTS AND PENALTIES

SEC. 39. Prohibited Acts and Penalties. —The following penalties and
sanctions shall be imposed for the offenses enumerated in this Act:

(a) Penalties. — The following penalties and sanctions shall be imposed for the
offenses enumerated in this Act:

1, Any person found guilty of violating Section 27, Section 34, and Section 37 of
this Act shall suffer the penalty of imprisonment for six (6) months to five (5) years or a


fine of not less than Fifty Thousand Pesos (Php50,000) but not more than Five Hundred
Thousand Pesos (Php500,000), or both, at the discretion of the court;

2. Any person found guilty of violating Section 18 of this Act shall, upon
conviction, suffer the penalty of imprisonment ranging from one (1) year but not more
than ten (10) years or a fine of not less than Fifty Thousand Pesos (Php50,000) but not
more than Five Hundred Thousand Pesos (Php500,000), or both, at the discretion of
the court. Provided, That if the offender is a manufacturer, importer or distributor of
any drugs, devices, agents, and other health products, the penalty of at least five (5)
years imprisonment but not more than ten (10) years and a fine of at least Five Hundred
Thousand Pesos (Php500,000) but not more than Five Million Pesos
(Php5,000,000,00) shall be imposed. Provided, further, Than an additional fine of one
percent (1%) of the economic value/cost of the violative product or violation, or One
Thousand Pesos (Php1,000), whichever is higher, shall be imposed for each day of
continuing violation: Provided, finally, That drugs, devices, agents, and other health
products found in violation of Section 18 of this Act may be seized and held in custody
pending proceedings, without hearing or court order, when the FDA Director-General
has reasonable cause to believe from facts found by him/her or an authorized officer or
employee of the FDA that such health products may cause injury or prejudice to the
consuming public.

3. Any person found guilty of violating Section 20 of this Act shall suffer the
penalty of imprisonment of one (1) year to five (5) years and a fine of not less thane One
Hundred Thousand Pesos (Php100,000) but not more than Five Hundred Thousand
Pesos (Php500,000).

4. Any person who knowingly or negligently causes another to get infected with
HIV in the course of the practice of one’s profession through unsafe or unsanitary
practice or procedure is liable to suffer a penalty of imprisonment of six (6) to twelve
(12) years.

(b) Where Offender is a Juridical Person, Alien, Public Officer, or
Licensed Professional. — If the offender is a corporation, association, partnership, or
any other juridical person, the penalty of imprisonment shall be imposed upon
responsible officers and employees, as the case may be, who participated in, or allowed
by their gross negligence, the commission of the crime, and the fine shall be imposed
jointly and severally on the juridical person and the responsible officers/employees.
Furthermore, the court may suspend or revoke its license or business permit.

If the offender is an alien, he shall, in addition to the penalties herein prescribed,
be deported without further proceedings after serving the penalties herein prescribed.

If the offender is a public official or employee, he shall, in addition to the
penalties prescribed herein, suffer perpetual or temporary absolute disqualification
from office, as the case may be.

If the offender is a licensed professional, the respective Boards under the
Professional Regulation Commission may either suspend or revoke his/her license to
practice the profession.

(©) Penalties Collected. ~ The penalties collected pursuant to this Section shall be
put into a special fund to be administered by the DOH and shall be used for awareness
campaigns and other priority HIV and AIDS activities of the PNAC.

SEC. 40. 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 HIV
educators, licensed social workers, health workers, and other HIV and AIDS service
providers, shall be immune from suit, arrest, or prosecution, and from civil, criminal, or


administrative liability, on the basis of the delivery of such services in Sections 9 to 16
and 19 to 26 hereof, or in relation to the legitimate exercise of protective custody of
children, whenever applicable. The DOJ, the DILG, and the PNP, in coordination with
the PNAG, shall develop the mechanism for the implementation of this provision.

ARTICLE XI
APPROPRIATIONS

SEC. 41. Appropriations. — The amount needed for the initial
implementation of this Act shall be charged against the current year’s appropriation for
each of the member agencies of the PNAC, as enumerated in Section 6, in amounts to be
determined by the PNAC. For this purpose, each of the agencies in Section 6 shall
include in their annual budget an item for the implementation of the National Multi-
Sectoral HIV and AIDS Strategic Plan and AMTP in Section 8.

Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the Annual General Appropriations Act.

ARTICLE XII
FINAL PROVISIONS

SEC. 42. Implementing Rules and Regulations. — Within one hundred
twenty (120) days from the effectivity of this Act, the PNAC shall promulgate the
necessary rules and regulations for the effective implementation of this Act.

SEC. 43. Repealing Clause. — Republic Act No. 8504, otherwise known, as
the “Philippine AIDS Prevention and Control Acts of 1998” and all laws, decrees,
executive orders, proclamations and administrative regulations or parts thereof
inconsistent herewith are hereby repealed, amended, or modified accordingly.

SEC. 44. Separability. — If any provision or part of this Act is declared
unconstitutional the remaining parts or provisions not affected shall remain in full force
and effect.

SEC. 45. 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,