HOUSEOF R

OF THE PHILIPPINE RECEIVED
TATIVES ave, 22 AUG 2016

PRESE

REPUBLIC
HOUSE OF REPR'
Quezon C

SEVENTEENTH CONGRESS
First Regular Session

House Bilt No, 8146 _

Introduced by MAGDALO Party
HON. GARY C. AL!

BILLS AND Nar X SERVICI

List Representative
eJANO

Explanatory Note

Republic Act 8504 or the "Philippine Aids Prevention and Control Act" was enacted in 1998. It
seeks to promote public awareness about the causes, modes of transmission, consequences, and
means of prevention and control of HIV/AIDS through a comprehensive nationwide educational
and information campaign organized and conducted by the State. It is the State's response in
order to control the spread of HIV infections among Filipinos.

18 years after its enactment, cases of HIV infections in the Philippines continue to increase.
Based on the DOH’s Epidemiology Bureau, there were 736 new HIV Ab sero-positive
individuals reported to the HIV/AIDS & ART Registry of the Philippines. This figure is 10%
higher compared to the same period last year with 667 cases. Very recently, in June of this year,
a total of 841 new HIV cases were reported for the sixth month of 2016 in the latest HIV/AIDS
Registry of the Philippines (HARP), bringing to an average of 26 the number of people
diagnosed with HIV per day in the country from just an average of four in 2010, nine in 2012
and 17 in 2014.

‘The alarming incidence of increase in cases of HIV infection in our country raises question on
whether or not RA 8504 has been effective in raising awareness of Filipinos with regard the
spread of HIV/AIDS, It is therefore clear that there is a need to amend RA 8504 in order to
strengthen the law and achieve its purpose of halting the prevalence of HIV/AIDS in the country.

‘This bill seeks to introduce the following reforms to RA 8504; a) the restructuring of the legal
framework on HIV and AIDS; b) the delineation of roles and responsibilities of state institutions
involved in HIV and AIDS response; c) the establishment of the National HIV and AIDS Plan,
and; d) the strengthening of the stigma reduction mechanisms of the law.

In view of the foregoing, approval of this measure is earnestly sought.

/ GARY C. ALEJANO

ENTATIVES



REPUBLIC OF THE PHILIPPIN:
JOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3146

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C, ALE

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:

1 SECTION 1. Title. - This Act shall be known as the “Philippine HIV and
2 AIDS Policy Act of 2016”

. 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
7 HIV and AIDS epidemic is therefore imbued with public interest. Accordingly, the
8 State shall
9 (a)

10 treatment, care, and support services to Filipinos living with HIV in accordance with

fablish policies and programs to prevent the spread of HIV and deliver

11 evidence-based strategies and approaches that follow the principles of human rights,
12 gender-responsiveness, and meaninglul participation of communities affected by the
13 epidemic;

14 (b) Adopt a multi-sectoral approach in responding to the HIV epidemic by

15 ensuring that local communities

civil society organizations, and persons living with

16 HIV are at the center of the process;

v7 (c) Remove all barriers to HIV and AIDS-related services by eliminating the

18 climate of stigma that surrounds the epidemic and the people directly and indirectly

19 affected by it; and,


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(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 cornerstones

clusion and

of an effective response to the HIV epidemic. The meaningful
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 freedom

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 HIV.
making an individual susceptible to opportunistic infections;

(b) Amiretroviral (ARV) refers to the treatment that stops or suppresses viral
replication or replications of a retrovirus like HIV, thereby slowing down the
progression of infection;

(c) Civil society organizations (CSOs) refer to groups of nongovernmental and

al entities that are engaged in non-coerced

non-commercial individuals or leg

collective action around shared interests, purposes 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:

(c) 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;

(8) 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;


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(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,

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

retrovirus, which infects cells of the human immune sy

em - mainly CD4positiveT
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, in the context of an HIV diagnosis, is to encourage the client to
explore important personal issues, identify ways of coping with anxiety and stres
and plan for the future (keeping healthy, adhering to treatment, and preventing
transmission) and counseling in the context of a negative HIV test result that focuses
on exploring the client’s motivation, options, and skills to stay HIV-negative;

(1) 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 behaviour 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 veters 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 velers to any laboratory testing or procedure done on

an individual regardless of whether the person is HIV positive or negative;


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(0) 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 after the testing, and conducted only with the informed consent of the
person;

(3) HIV testing facility refers to any DOH:

edited in-site or mobile testing

center, hospital, clinic, laboratory and other facility that has the capacity to conduet
voluntary HIV counseling and HIV testing:

(0) HIV wansmission 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,

(v) Laboratory refers to an 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
physician, 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 organisms,
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 “patient”, 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 the biomedical aspects of HIV/AIDS and emotional support to any
psychological implications of undergoing HIV testing and the test result itself before

the individual is subjected to the test;


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(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 HIV anti-body testing to a person practicing high-risk behavior or
vulnerable to HIV after conducting HIV pre-test counseling,

A person may elect to decline or defer testing such that consent is conditional;

(ee) 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;

(£8) 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;

) 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;

(ji) 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,

(Il) Vertical transmission refers to the process

of transmission during

pregnancy, birth, or breastfeeding,


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(mm) Voluntary HIV testing refers to HIV testing of an individual who, after
having 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; and,

(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 definite work site, regularly report for assignment in the course of their

employment
ARTICLE |
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
DOH.

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.

SE
(a) Develop the National Multi-Sectoral HIV and AIDS Strategic Plan in

Functions. - The Council shall perform the following functions

collaboration with relevant government agencies and CSOs;

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

(c) 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

nal Multi-Sectoral HIV and AIDS Strategic Plan;

(e) Monitor the progress of the epidemic,


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

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

(ji) 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 the

members of the Council

SEC. 6. Membership, Composition, Appointment, Quorum and Term of
Office. - The following member agencies and CSOs shall be represented in the
Council

(a) The Secretary of the Department of Health (DOH);

(b) The Secretary of the Department of Education (DepED);

(c) The Secretary of the Department of Labor and Employment (DOLE);

(d) The Secretary of the Department of Social Welfare and Development
(DSWD);

(c) The Secretary of the Department of the Interior and Local Government
(DILG),

(0) The Secretary of the Department of Justice (DOJ);

(g) The Secretary/Director-General of the Department of Budget and
Management/ National Economic and Development Authority;

(h) Four (4) members of the League of City Mayors, each one representing the
local government unit (LGU) with the highest number of HIV and AIDS cases in the

National Capital Region, Luzon, Visayas and Mindanao,

(i) Two (2) representatives trom nongovernmental organizations (NGOs)
which have expertise in standard setting and service delivery;

(j) Seven (7) representatives from NGOs working for the welfare of identified
key populations; and,

(k) A representative of an organization of persons living with HLV.

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


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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 deci 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.

Members representing the CSOs 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;

(c) 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;

(c) Coordinate and support the efforts of the Council and its members to
mobilize resources,

(f) 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 media,

(h) Provide administrative support to the Council; and,

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

SEC. 8. National Multi-Sectoral HIV and AIDS Strategic Plan. - 4 six (6)-
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:


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(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;

(c) The six (6)-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 fiom the national to the local
levels; and,

(d) The budgetary requirements and a corollary investment plan that shall

identify the sources of funds for its implementation:

SEC, 9, National HIV and AIDS and STI Prevention and Control Program
of the DOH. - The existing National HIV and AIDS and STI 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 the 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 CSOs and
in collaboration with the DOJ and the Commission on Human Rights (CHR), shall
ensure the delivery of nondiscriminatory HFV and ALDS services by government and
private HIV and AIDS service providers. Further, the DOH and the CHR, in
coordination with the Council, shall take the lead in developing redress mechanisms
for persons living with HIV to ensure that their civil, political, economic and social

rights are protected

RTICLE Ih

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


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Couneil shall promote and adopt a range of measures and interventions, in partnership
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 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;

(c) Universal access to evidence-based and relevant information and
education, and medically safe, legally affordable, effective and quality treatment;

(a) 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 DepED, the Commission on Higher
Education (CHED), and the Technical Education and Skills Development Authority
(TESDA), shall integrate basic and age-appropriate instruction on the causes, modes
of transmission and ways of preventing the spread of HIV and AIDS and other
sexually transmitted infections in 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, the CHED and the 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 DOH, For this purpose, funds shall be

allocated for the training and certification of teachers and school counselors,

SE

13, Education as a Right to Health and Information. - WV 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

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HIV and AIDS, including topics on confidentiality in the workplace and reduction or
elimination of stigma and discrimination.

‘The DOLE for the private sector and the Civil Service Commission (CSC) for
the public sector shall implement this provision. The members of the Armed Forces
of the Philippines (AFP) and the Philippine National Police (PNP) shall likewise be
provided with standardized basic information and instruction on HIV 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, the DOLE 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 information on how to access on-site HIV-related services and

facilities before certification for overseas assignment

SEC. 16. Information for Tourists and Transients. - Educational. materials
on the causes, modes of transmission, prevention, 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), the
DFA, the Department of Transportation and Communications (DOTC) and the
Bureau of Immigration, in coordination with the Council and stakeholders in the

tourism industry, shall lead in the implementation of this section

s

©. 17, Education in Communities. - The DILG, the League of Provinces,
the League of Cities and the League of Municipalities, through the Local HIV and

AIDS Council (LAC) or the L Health Boards and, in coordination with the

Council, shall implement a locally-based, multi-sectoral community response to HIV

and AIDS by raising awareness about it and ways to curtail its transmis
Gender and Development (GAD) funds and other sources may be utilized for
these purposes.
The DILG, in coordination 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 LGUs and CSOs engaged in HIV and AIDS programs and

projects, shall support and provide funding for HIV and AIDS education programs,

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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, craft the guidelines
and standardized information messages for peer education, support group and

outreach activities,

BY

rehabilitation centers and other closed-setting institutions shall have comprehensive

19. Prevention in Prisons and in Other Closed Settings. ~ All prisons,

STI, HIV and AIDS prevention and control program that includes HIV education and
information, HIV counseling and testing, and access to HIV treatment and care
jon with the DILG, the DOJ, and the DSWD,

services, The DOH shall, in coordi
develop HIV and AIDS comprehensive program and policies which include the HFV
counseling and testing procedures

Persons living with HIV in prisons and in other dosed settings 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 admission or imprisonment to release. The provision on

informed consent and confidentiali

y 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

gainst HIV and STI, as well as the importance of sexual abstinence and mutual

fidelity

SEC. 21, Misinformation on HIV and AIDS. - Misinformation on HIV and
AIDS, which includes false and misleading advertising and claims in any of the
multimedia or the promotional marketing of drugs, devices, agents or procedures
without prior approval from the 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


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ARTICLE IT

Preventive Measures, Safe Practices and Procedures

SE

22. Positive Health, Dignity and Prevention, - The Council, 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) Acces

lity of ARV treatment and management of opportunistic
infections; and,

(c) 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.

. - The DILG and the DOH, in close

SEC 23. Harm Reduction Strategic
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

ex 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 the
DOH, in coordination with the Dangerous Drugs Board, shall establish a national

policy to guarantee the implementation of this provision

ion. ~ The DOH

fother-to-Child HIV Transmiss

24, Prevention of }
shall implement a program to prevent mother-to-child HIV transmission that shall be

integrated into its maternal and child health services

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SEC. 25. Standard Precaution on the Donation of Blood, Tissue, or Organ.
= The DOH shall enforce the following guidelines on donation of blood, tissue, ot
organ;

(a) A donation of tissue or organ, 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) 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 during 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

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, trom the licensed social worker, licensed health

service provider 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:


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(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 provider or a DOH-accredited health service provider assigned to provide
health services to the child. The licensed social worker, health care provider or other
‘isk of HIV

health care professional shall determine if the child is “at higher r
exposure” as defined in this Act, and that the conduct of the testing and counseling is
in the child’s best interest and welfare; and,

(c) 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 the 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 Articles 264, 266, 335 and 338 of “The Revised Penal
Code”, as amended by Republic Act No, 8353, otherwise known as “The Anti-Rape
Law of 1997”;

issues under Executive Order No.

(b) When it is necessary to resolve relevant
209, otherwise known as “The Family Code of the Philippines”; and,

(c) 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
of 1991”, and Republic Act No. 7719, otherwise known as the “National Blood

Services Act of 1994”

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-

‘edited HIV testing facilities shall be allowed to conduct HIV testing;
(b) Develop the guidelines for HIV counseling and testing, including mobile
HIV counseling and testing and routine provider-initiated HIV counseling and testing

that shall ensure, among others, that HIV testing is based on informed consent, is

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voluntary and confidential, is available at all times, and provided by qualified persons
and DOH-accredited providers;

(c) Accredit institutions or organizations that train HIV and AIDS counselors
in coordination with the DSWD; and,

(d) Set the standards for HIV counseling and work closely with HIV and
AIDS CSOs that train HIV and AIDS counselors and peer educators in coordination
and participation of NGOs, government 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 ARV treatment to all indigents living
with HIV who are enrolled in the program. Free medication for opportunistic
infections shall be made available 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 PLHIY 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, the DOLE and the 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 the DOH and the TESDA, shall develop care and support programs

h shal

living with HIV, w

for persons \clude peer-led counseling and support,

social protection, welfare assistance, and mechanisms for case management. These

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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, the 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 procs

SEC, 34. Testing of Organ Donation. - Lavfal 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 health care 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
hall

involved in the provision of HIV and AIDS services, including peer educator

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
(PhilFlealth) shall develop an insurance package for persons living with HIV that

shall include coverage for inpatient and outpatient medical and diagnostic services,

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

‘The Phillealth 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 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, 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

ction or HIV and AIDS-

who has been tested for HFV, exposed to HIV, has HIV inf
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

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consent, information that a person had HIV-related test and AIDS, has HIV infection
or 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 identity 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’ 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,

(c) 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 remain 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

SEC. 41. Release of H1V-Related Test Results, — The result of any test

lated to HIV shall be released by the attending physician who provides pre- and

post-test counseling only to the 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

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SEC. 42. Disclosure to Sexual Partners, - Any person who, after having been
tested, is found to be infected with HEV, 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.

'. 43. 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 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.

ARTIC

vil

Discriminatory Acts and Practices

EC, 44. 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 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;

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(©) Restriction on Travel and Habitation. - Restrictions on travel within the
Philippines, refusal of lawful entry toPhilippine 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 solely or partially on the basis of actual,
perceived, or suspected HIV status,

(d) 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,

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

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

(g) 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.

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, 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(S) years
and a fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Five hundred thousand pesos (P500,000.00): Provided, That the law enforcement
agents found guilty shall be removed from public service;

(c) Any person who knowingly or negligently causes another to get infected
with HIV in the course of the practice of profession through unsafe and unsanitary

practice and procedure shall, upon conviction, suffer the penalty of imprisonment of

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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;

(d) 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/or a fine of
not less than One hundred thousand pesos (Php100,000.00) but not more than Five
hundred thousand pesos (Php500,000.00): Provided, That if the person who violates
this provision is a law enforcement agent or a public official, administrative sanctions
may be imposed in addition to imprisonment and/or fine, at the discretion of the
court,

(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

five hundred

not less than fifty thousand pesos (P50,000,00) but not more than
thousand pesos (P500,000,00), 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 licens:

(8) Any person, natural or juridical, who violates the provisions 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
(Php50,000.00) but not more than Five hundred thousand pesos (P500,000.00), or
both imprisonment and fine, at the discretion of the court, and without prejudice to
the imposition of administrative sanctions such as suspension or revocation of
business permit, business license or accreditation, and professional license;

(g) Any person, natural or juridical, who shall violate any of the provisions in
Section 44 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
(P50,000,00) but not more than Five hundred thousand pesos (P500,000.00), at the
discretion of the court, and without prejudice to the imposition of administrative

sanctions such as fines, s

spension 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 information to malign or cause damage, injury or loss to
another person shall face liability under Articles 19, 20, 21, and 26 of the new Civil

Code of the Philippines

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

National Treasury.

SEC, 46, Appropriations, - The amount needed for the initial implementation
of this Act shall be charged against the appropriations for the DOH. Thereafter, such
sums as may be 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.

y 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, Jmplementing Rules and Regulations. - The Council, within ninety
(90) days from the effectivity of this Act, shall promulgate the necessary rates and

regulations for the effective implementation of the provisions of this Act.

S|
“Philippine AIDS Prevention and Control Act of 1998”, is hereby repealed.

». 49, Repealing Clause. - Republic Act No. 8504, otherwise known as the

All decrees, executive orders, proclamations and administrative regulations or
parts thereof, particularly in 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 of 1994”; Republic Act No. 9165, otherwise. known asthe
“Comprehensive Dangerous Drugs Act of 2002"; 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. - 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. 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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