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SEVENTEENTH CONGRESS OF THE. )
REPUBLIC OF THE PHILIPPINES _)
Second Regular Session )

SENATE RECEIVED 8 o—

S.B.No. 1726

‘18 MARS Pd 38

Introduced by Senator Aquilino “Koko” Pimentel III

AN ACT
AMENDING REPUBLIC ACT NO. 8504, OR THE “PHILIPPINE
AIDS PREVENTION AND CONTROL ACT OF 1998”

EXPLANATORY NOTE

In the almost twenty years since the enactment of Republic Act No.
“Philippine AIDS Prevention and Control Act of 1998”,
individuals with human immunodeficiency virus (HIV) continue to face
stigma and discrimination. This stigma and discrimination compound
their affliction and discourage others who may be infected with the
disease from submitting themselves to testing and treatment.

In the interest of protecting those already infected by HIV and to
encourage those who may be infected to seek proper help, there is a need
to ensure that their status as persons with HIV will remain confidential
unless that information is needed for proper treatment, or unless they
desire to disclose that information publicly. A wide-reaching mandate of
confidentiality will also prevent the malicious or irresponsible disclosure
of the HIV status of persons that will only fuel prejudice.

For the above-mentioned reasons, passage of this measure is

earnestly sought.
wb iced “KOKO” NER TEL I



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SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES ) 18 MAR-S P4368
Second Regular Session )

RECEIVED Sy f
SENATE

S. B. No. 1726

Introduced by Senator Aquilino “Koko” Pimentel II

AN ACT
AMENDING REPUBLIC ACT NO. 8504, OR THE “PHILIPPINE
AIDS PREVENTION AND CONTROL ACT OF 1998”

Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Amendment to Confidentiality. - Section 30 of

1

2. Republic Act No. 8504 is hereby amended to read as follows:

4 SEC. 30. [Medical confidentiality) CONFIDENTIALITY. —
5 ANY PERSON TO WHOM PERSONS WITH HIV
6 DISCLOSE THEIR CONDITION [All health
7 professionals, medical instructors, workers, employers,
8 recruitment agencies, insurance companies, data encoders,
9 and other custodians of any medical record, file, data or test
10 results are directed to] SHALL - strictly observe
i confidentiality in the handling of [all medical information,
12 particularly the identity and status of persons with HIV]
13 THAT INFORMATION AND SHALL REFRAIN FROM
14 DISCLOSING THE SAME TO ANY UNAUTHORIZED
15 PERSON OR MAKING THAT INFORMATION
16 PUBLIC. THIS OBLIGATION TO OBSERVE
17 CONFID) PIALITY SHALL EXTEND TO ANY
18 PERSON WHO SHALL BECOME AWARE OF THE
19 CONDITION OF A PERSON WITH HIV.

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SEC. 2. Amendment to Exceptions to Confidentiality. - Section
31 of Republic Act No. 8504 is hereby amended to read as follows:

SEC. 31. Exceptions to the mandate of confidentiality. —
[Medical confidentiality] CONFIDENTIALITY shall not be
considered breached in the following cases:

(a) When complying with reportorial requirements in
conjunction with the AIDSWATCH programs provided
in Sec. 27 of this Act;

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

(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 shall be properly sealed
by its lawful custodian after being double-checked for
accuracy by the head of the office or department, hand
delivered, and personally opened by the judge:
Provided, further, That the judicial proceedings be held
in executive session; AND

(D) WHEN THE PERSON WITH HIV MAKES A
PUBLIC STATEMENT ACKNOWLEDGING HIS
OR HER CONDITION WITH THE SPECIFIC
INTENT TO MAKE THE INFORMATION
PUBLIC.

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SEC. 3. Amendment to Penalties. - Section 33 of Republic Act No.
8504 is hereby amended to read as follows

SEC. 33. Penalties for violations of confidentiality. — Any
violation of [medical] confidentiality [as provided in Sections
30 and 32 of this Act] shall [suffer] BE METED the [penalty
of imprisonment for six (6) months to four (4) years, without
prejudice to administrative sanctions such as fines and
suspension or revocation of the violator's license to practice
his/her profession, as well as the cancellation or withdrawal
of the license to operate any business entity and the
accreditation of hospitals, laboratories or — clinics.]
FOLLOWING PENALTIES:

(A) SIX (6) MONTHS TO TWO (2) YEARS OF
IMPRISONMENT FOR ANY PERSON WHO
BREACHES CONFIDENTIALITY AS PROVIDED
IN SECTION 30 OF THIS ACT;

(B) TWO (2) YEARS AND ONE (1) DAY TO FIVE (5)
YEARS OF IMPRISONMENT FOR ANY PERSON
WHO CAUSES THE MASS DISSEMINATION OF
THE HIV STATUS OF A PERSON, INCLUDING
SPREADING THE INFORMATION ONLINE OR
MAKING STATEMENTS TO THE MEDIA, IN
VIOLATION OF SECTIONS 30 AND 32 OF THIS
ACT; AND

(C) FIVE (5) YEARS AND ONE (1) DAY TO SEVEN
(7) YEARS OF IMPRISONMENT FOR ANY
HEALTH PROFESSIONAL, MEDICAL
INSTRUCTOR WORKER, EMPLOYER,
RECRUITMENT AGENCY, INSURANCE
COMPANY, DATA ENCODER, AND OTHER
CUSTODIAN OF ANY MEDICAL RECORD,
FILE, DATA, OR T f RESULT WHO

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BREACHES CONFIDENTIALITY AS PROVIDED
IN SECTIONS 30 AND 32 OF THIS ACT.

THESE PENALTIES ARE WITHOUT
PREJUDICE TO ANY ADMINISTRATIVE
SANCTIONS OR CIVIL SUITS THAT MAY BE
BROUGHT AGAINST PERSONS WHO VIOLATE
CONFIDENTIALITY UNDER THIS ACT.

SEC. 4. Implementing Rules and Regulations. - Within three (3)
months of the effectivity of this Act, the Philippine National Aids
Council shall issue revised rules and regulations to fully implement the
amendments introduced by this Act. In the interim, all persons with HIV
shall already enjoy the expanded right of confidentiality provided under
this Act.

SEC. 5. Separability Clause. - If any provision of this Act is
declared invalid, any provision not affected thereby shall remain in force
and effect.

SEC. 6. Repealing Clause. - All laws, decrees, executive orders,
rules and regulations, and issuances inconsistent with the provisions of
this Act are hereby repealed, amended, or modified accordingly.

SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of

general circulation.

Approved,

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