• Complete Title

An Act Promulgating Policies and Prescribing Measures for the Prevention and Control of HIV/AIDS in the Philippines, Instituting a Nationwide HIV/AIDS Information and Educational Program, Establishing a Comprehensive HIV/AIDS Monitoring System, Strengthening the Philippine National AIDS Council, and for other Purposes

• Short Title

Philippine AIDS Prevention and Control Act of 1998

Republic Act 8504Republic Act 8504

• Executive Order No. 39, dated December 3, 1992, was issued by the President of the Philippines creating the Philippine National AIDS Council (PNAC)

• Consolation of Senate Bill 1818 and House Bill 10510 was passed by Congress on February 6, 1998

• Republic Act 8504 was approved on February 13, 1998

• PNAC Resolution No. 1 or Implementing Rules and Regulations of R.A. 8504 was promulgated on April 13, 1999

Background

AIDS recognizes no territorial, social, political, economic boundaries, has no known cure, the gravity of threat demands strong State action

Policy Declarations

• Public awareness through comprehensive nationwide educational and information campaign

• Full protection of the human rights and civil liberties of every person suspected or known to be infected with HIV and AIDS

• Safety and universal precautions in practices and procedures that carry risk of HIV transmission

• Positively address and seek to eradicate conditions that aggravate the spread of HIV infection

• Participation of affected individuals in propagating vital information and educational messages about HIV/AIDS

At a Glance

R.A. 8504 IRR CONTENTS

Rule 1 Title and Application

Art. I Rule 2 Education and Information

Art. II Rule 3 Safe Practices and Procedures

Art. III Rule 4 Testing, Screening and Counseling

Art. IV Rule 5 Health and Support Services

Art. V Rule 6 Monitoring

Art. VI Rule 7 Confidentiality

Art. VII Rule 8 Discriminatory Acts and Policies

Art. VIII Rule 9 The Philippine National AIDS Council

Art. IX Rule 10 Miscellaneous Provisions

Who needs to know about HIV and AIDS?• Parents, students, teachers and school officials• Health practitioners, health workers and personnel• Clients of health practitioners, health workers and personnel,

whether in-patient or out-patient• Employers and their employees, whether in the private or

government sector• Filipinos going abroad• Tourists and transients• Communities• Those with relatively higher risk of acquiring or transmitting HIV

Education and Information

What information must be disseminated and learned?• Definition of HIV and AIDS• Causes and Modes of Transmission• Consequences of Infection• Means of Prevention

Spreading false and misleading information is punishable by law.

Education and Information

What are safe practices and procedures?• Universal precautions should be practiced for surgery,

dental work, embalming, tattooing, etc. • Donated blood, tissue and organs should be tested for

HIV

Unsafe practices and procedures are punishable by law.

Safe Practices and Procedures

Compulsory HIV testing is not allowed under R.A. 8504.Counseling should be given before and after the test.

Screening, Testing, Counseling

Exceptions from Prohibition•Court order: Administering injurious substances, rape, qualified seduction, and simple seduction•Court order: When determining HIV status is necessary to resolve relevant issues under Family Code•Compliance with provisions of R.A. 7170 (Organ Donation Act)

Consent is Deemed Given•Voluntary donation of blood, organ, or tissue for transfusion, transplantation, or research•Execution of legacy in accordance with R.A. 7170 (Organ Donation Act)

Who should receive the test results?• The person who was tested• The parent or legal guardian of a minor who was tested• The legal guardian of an insane person• Person authorized to receive results for National AIDS Registry• Justice of Court of Appeals or Supreme Court in cases falling under

Sec. 17 of R.A. 8504

Screening, Testing, Counseling

Why do we have to monitor?• Determine magnitude and progression of HIV and AIDS• Evaluate adequacy and efficacy of countermeasures

How do we monitor?• Institutionalizing the National AIDS Registry• Reporting of all cases in hospitals, clinics, laboratories and

accredited testing centers• Ensure the anonymity of those who are tested

Monitoring of HIV and AIDS

Strict observance of confidentiality is required in handling medical information, identity and status of persons with HIV.

Exceptions to the Obligation of Confidentiality• When complying with requirements for monitoring procedures• When informing other health workers directly involved or about to

be involved in the treatment or care of a person living with HIV and AIDS

• When responding to the formal process of subpoena duces tecum and subpoena ad testificandum

Confidentiality

Persons living with HIV cannot be denied access to:• Employment and livelihood• Admission in schools• Travel and habitation• Elective and appointive office• Credit and insurance• Health care• Decent burial services

Discriminatory Acts & Policies

Misleading Information • Imprisonment two months to two years• Administrative sanctions such as fines and suspension, or

revocation of professional or business license

Unsafe Practices and Procedures • Imprisonment six to 12 years • Administrative sanctions such as fines and suspension or

revocation of professional license• Cancellation or withdrawal of permit to operate business entity or

accreditation of hospital, laboratory or clinic

Penalties

Violating Confidentiality •Imprisonment six months to four years•Administrative sanctions such as fines and possible suspension or revocation of professional license

Discriminatory Acts•Imprisonment for six months•Fines not exceeding ten thousand pesos•Revocation of licenses or permits of schools, hospitals, and other institutions guilty of discrimination

Penalties

• Secure recommendations, ensure coverage in information and education, monitoring, guidelines in medical and other practices and procedures, health and support services, testing and counseling, protection of rights, observance of confidentiality

• Monitor the IRR, issue or cause issuance of orders, or recommend• Develop and monitor comprehensive, long-term program• Coordinate and strengthen working relationships of government and

non-government agencies• Coordinate and cooperate with foreign and international organizations• Evaluate adequacy and recommend on utilization of resources

Philippine National AIDS Council

PNAC is the central advisory, planning, policy-making body for comprehensive integrated AIDS prevention and control.

Philippine National AIDS Council

• Secretary, DOH (Chair)• Secretary, DepEd• Chairperson, CHED• Director-General, TESDA• Secretary, DOLE• Secretary, DSWD• Secretary, DILG• Secretary, DOJ• Director-General, NEDA• Secretary, DOT• Secretary, DBM• Secretary, DFA• Head, PIA

• President, League of Provinces• President, League of Cities• Chair, Senate Cmte. on Health• Chair, House Cmte. on Health• Two representatives from

organizations of medical/health professionals

• Six representatives from NGOs involved in prevention and control efforts

• Representative of organization of persons with HIV/AIDS