HIV PREVENTION LAW

1900s

spread of HIV from chimpanzees to humans

1968

earliest case of AIDS appears in the Midwest

1980s

start of the epidemic in the United States

1984

first case of HIV in the Philippines

32

HIV infection everyday (2018)

AIDS

A disease that recognizes NO territorial, social, political and economic boundaries for which there is NO KNOWN CURE

Philippine AIDS Prevention and Control Act of 1998

RA 8504 TITLE

RA 8504

AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUITING 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

February 13, 1998

When was RA 8504 approved

52

How many sections in RA 8504

9

How many articles in RA 8504

Acquired Immune Deficiency Syndrome (AIDS)"

a condition characterized by a combination of signs and symptoms caused by HIV contracted from another person and which attacks and weakens the body's immune system making the afflicted individual susceptible to other life-threatening infections (immunocompromised)

Anonymous Testing

refers to an HIV testing procedure

• individual being tested does not reveal his/her true identity.

Identifying number or symbol

used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test results with the identifying number or symbol (Anonymous Testing)

Compulsory HIV Testing

• lack of or vitiated consent,

• use of physical force,

• intimidation or any form of compulsion

refers to HIV testing imposed upon a person attended

characterized by:

• ____

Voluntary HIV Testing

refers to HIV testing done on an individual who, after having undergone pre-test counseling, willingly submits himself/herself to such test

Contact tracing"

- refers to the method of finding and counselling the sexual partner(s) of a person who has been diagnosed as having sexually transmitted disease.

Human Immunodeficiency Virus

refers to the virus which causes AIDS

HIV/AIDS Monitoring

refers to the documentation and analysis of the number of HIV/AIDS infections and the pattern of its spread.

HIV/AIDS Prevention and Control

refers to measures aimed at protecting non- infected from contracting HIV and minimizing the impact of the condition of persons living with HIV.

HIV Transmission

• sexual intercourse,

• blood transfusion,

• sharing of intravenous needles

• during pregnancy

refers to the transfer of HIV from one infected person to an uninfected individual, most commonly through:

• ___

HIV Testing

refers to any laboratory procedure done on an individual to determine the presence or absence of HIV infection

2 types of HIV test:

Screening Test (HIV-1 & HIV-2)

Confirmatory Test

High-Risk Behavior

refers to a person's frequent involvement in certain activities which increase the risk of transmitting or acquiring HIV.

Informed Consent

refers to the voluntary agreement of a person to undergo or be subjected to a procedure based on full information, whether such permission is written, conveyed verbally, or expressed indirectly.

Medical Confidentiality

refers to the relationship of trust and confidence created or existing between a patient or a person with HIV and his attending physician, consulting medical specialist, nurse, medical technologist and all other health workers or personnel involved in any counselling, 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.

HIV Counselling & Testing (HCT)

Voluntary Counselling & Testing

• Process that enables a client to make an informed choice about being tested for HIV

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 he/she is subjected to the test

2 Forms of Pre-test Counseling

1. Client-initiated

2. Provider-initiated

Client-initiated

• Done in a place where privacy could be observed and confidentiality ensured

• Bringing of confidant is encouraged

• Adult patients: setting is safe and secure

Provider-initiated

2. Pregnant women with one or more of the following HIV risks:

• i. multiple sex partners,

• ii. person who inject drugs (PWID).

• history of STI, including a diagnosis of syphilis,

• iv. husband or partner has multiple sex partners, history of STI or is a known PWID.

3. People accessing community-based services designed for males having sex with males, people in prostitution and those who inject drugs;

4. Diagnosed TB patients, as discussed in AO 2008-0022, otherwise known as "Policies and Guidelines in the Collaborative Approach of TB and HIV Prevention and Control."

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 that the result is released      

Prophylactic

refers to any agent or device used to prevent the transmission of a disease

Window Period

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

EDUCATION AND INFORMATION

ARTICLE I:

SAFE PRACTICES AND PROCEDURES

ARTICLE II:

TESTING, SCREENING AND COUNSELLING

ARTICLE III:

HEALTH AND SUPPORT SERVICES

ARTICLE IV:

MONITORING

ARTICLE V:

CONFIDENTIALITY

ARTICLE VI:

DISCRIMINATORY ACTS AND POLICIES

ARTICLE VII:

• Schools (Sec. 4)

• Health service providers (Sec. 5)

• Workplaces (Sec. 6)

• For Filipinos going abroad (Sec. 7)

• Tourists and transients (Sec. 8)

• Communities (Sec. 9)

Information Dissemination & Education (ARTICLE 1)

DepEd

CHEd

TESDA

In Schools

• Private & Public schools integrate HIV/AIDS information in subjects taught...

• Supervising Government agencies:

health practitioners, workers and personnel

As a health service.

Form part of the delivery of health services by ____

• Enhancement of knowledge and skills

• Training & discussions on HIV-related issues

In the workplace

All government & private employees, workers etc. including members of AFP and PNP shall be provided with basic information and instruction on HIV/AIDS

• Confidentiality in the workplace

• Attitude towards infected employees and workers

For Filipinos going abroad.

OFW, Diplomat, Military, Trade & labor officials, Personnel

• Attend seminar on HIV/AIDS before given certification for overseas assignment

• DOLE, DFA, DOT, DOJ

For Tourists & Transients...

Informational aids and materials are provided at all international materials of entry and exit

As overseer:

DFA, DOT, DOJ, BI

In communities

Local government units (LGU)

• Provincial governor

• City or municipal mayor

• EFS Epidemic

• Barangay captain

Coordinate campaign among concerned groups (NGO, church- based)

Information on Prophylactics (Sec 10)

Printed in Filipino and English

Contain literature

• How to use?

• Efficacy against HIV/AIDS

• Importance of abstinence & mutual fidelity

ARTICLE II: SAFE PRACTICES AND PROCEDURES

Section 12. Requirement on the donation of blood, tissue, or organ.

- No laboratory or institution shall accept a donation of tissue or organ, whether such donation is gratuitous or onerous, unless a sample from the donor has been tested negative for HIV. All donated blood shall also be subjected to HIV testing and HIV(+) blood shall be disposed of properly and immediately.

Guidelines on surgical and similar procedures.

ARTICLE II: SAFE PRACTICES AND PROCEDURES

Section 13. ___

ARTICLE II: SAFE PRACTICES AND PROCEDURES

Section 14. Penalties for unsafe practices and procedures.

• six (6) years to twelve (12) years;

Any person who knowingly or negligently causes another to get infected with HIV in the course of the practice of his/her profession through unsafe and unsanitary practice or procedure is liable to suffer a

• penalty of imprisonment for____, without prejudice to the imposition of administrative sanctions such as, but not limited to,

• Fines

• and suspension or revocation of the license to practice his/her profession.

• The permit or license of any business entity and the accreditation of hospitals, laboratory, or clinics may be cancelled or withdrawn if said establishments fail to maintain such safe practices and procedures

ARTICLE III: TESTING, SCREENING AND COUNSELLING

Section 15. Consent as a requisite for HIV testing.

No compulsory HIV testing shall be allowed. However, the State shall encourage voluntary testing for individuals with a high risk for contracting HIV: Provided, That written informed consent must first be obtained. Such consent shall be obtained from the person concerned if he/she is of legal age or from:

• the parents or;

• legal guardian in the case of a minor or a mentally incapacitated individual

ARTICLE III: TESTING, SCREENING AND COUNSELLING

Section 15. Consent as a requisite for HIV testing.

• Lawful consent to HIV testing of a donated human body, organ, tissue, or blood shall be considered as having been given when:

• (a) a person volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion, transplantation, or research;

• (b) a person has executed a legacy in accordance with Sec. 3 of Republic Act No. 7170, also known as the "Organ Donation Act of 1991",

• (c) a donation is executed in accordance with Sec. 4 of Republic Act No. 7170.

ARTICLE III: TESTING, SCREENING AND COUNSELLING

Section 16. Prohibitions on compulsory HIV testing.

Compulsory HIV testing as a precondition to employment, admission to educational institutions, the exercise of freedom of abode, entry or continued stay in the country, or the right to travel, the provision of medical service or any other kind of service, or the continued enjoyment of said undertakings shall be deemed unlawful.

ARTICLE III: TESTING, SCREENING AND COUNSELLING

Section 17. Exception to the prohibition on compulsory testing.

Compulsory HIV testing may be allowed only in the following instances:

• a) When a person is charged with any of the crimes punishable under Articles 264 and 266 as amended by Republic Act No. 8353, 335 and 338 of Republic Act No. 3815, otherwise known as the "Revised Penal Code"or under Republic Act No. 7659;

• b) When the determination of the HIV status is necessary to resolve the relevant issues under Executive Order No. 309, otherwise known as the "Family Code of the Philippines"; and

• c) When complying 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".

Anonymous HIV testing

ARTICLE III: TESTING, SCREENING AND COUNSELLING

Section 18: ____

Section 19. Accreditation of HIV Testing Centers.

- All testing centers, hospitals, clinics, and laboratories offering HIV testing services are mandated to seek accreditation from the Department of Health which shall set and maintain reasonable accreditation standards.

Section 20. Pre-test and post-test counselling.

All testing centers, clinics, or laboratories which perform any HIV test shall be required to provide and conduct free pre-test counselling and post-test counselling for persons who avail of their HIV/AIDS testing services. However, such counselling services must be provided only by persons who meet the standards set by the DOH..

Support for HIV Testing Centers

Section 21. ___

RMTs with HIV Proficiency Training; FDA

Conduct of HIV Testing

• Performed ONLY by ____

• Uses test kits approved by ___

STD/AIDS Cooperative Central Laboratory (SACCL); RITM

Conduct of HIV Testing

For Reactive samples during Screening Test:

• From patients - ____

• Blood units - ___

Community-based

Livelihood programs and trainings

Insurance

Health & Support Services given to persons with HIV:

• ___

ARTICLE IV: HEALTH AND SUPPORT SERVICES

Section 22. Hospital-based services.

Persons with HIV/AIDS shall be afforded basic health services in all government hospitals, without prejudice to optimum medical care which may be provided by special AIDS wards and hospitals.

Community-based services.

ARTICLE IV: HEALTH AND SUPPORT SERVICES

Section 23. ____

Section 24. Livelihood programs and trainings.

- Trainings for livelihood, self-help cooperative programs shall be made accessible and available to all persons with HIV/AIDS. Persons infected with HIV/AIDS shall not be deprived of full participation in any livelihood, self-help and cooperative programs for reason of their health conditions

Section 25. Control of sexually transmitted diseases.

- The Department of Health, in coordination and in cooperation with concerned government agencies and non-government organizations shall pursue the prevention and control of sexually transmitted diseases to help contain the spread of HIV infection.

Section 26. Insurance for persons with HIV.

- The Secretary of Health, in cooperation with the Commissioner of the Insurance Commission and other public and private insurance agencies, shall conduct a study on the feasibility and viability of setting up a package of insurance benefits and, should such study warrant it, implement an insurance coverage program for persons with HIV.

ARTICLE V: MONITORING

Sec. 27. Monitoring program.

- A comprehensive HIV/AIDS monitoring program or "AIDSWATCH" shall be established under the Department of Health to determine and monitor the magnitude and progression of HIV infection in the Philippines, and for the purpose of evaluating the adequacy and efficacy of the countermeasures being employed.

Reporting procedures.

ARTICLE V: MONITORING

Section 28. ___

Contact tracing.

ARTICLE V: MONITORING

Section 29. ____

ARTICLE VI: CONFIDENTIALITY

Section 30. Medical confidentiality.

– All health professionals, medical instructors, workers, employers, recruitment agencies, insurance companies, data encoders, and other custodians of any medical record, file, data, or test results are directed to strictly observe confidentiality PR in the handling of all medical information, particularly the identity and status of persons with HIV.

ARTICLE VI: CONFIDENTIALITY

Section 31. Exceptions to the mandate of confidentiality.

- Medical 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 subpoena duces tecum and subpoena ad testificandum

ARTICLE VI: CONFIDENTIALITY

Section 32. Release of HIV/AIDS test results.

- All results of HIV/AIDS testing shall be confidential and shall be released only to the following persons:

• (a) the person who submitted himself/herself to such test;

• (b) either parent of a minor child who has been tested;

• (c) a legal guardian in the case of insane persons or orphans;

• (d) a person authorized to receive such results in conjunction with the AIDSWATCH program

• (e) a justice of the Court of Appeals or the Supreme Court

Imprisonment for 6 months to 4 years + fine + revocation of licenses

Penalty for breaching Medical Confidentiality:

ARTICLE VI: CONFIDENTIALITY

Section 34. Disclosure to sexual partners.

Any person with HIV is obliged to disclose his/her HIV status and health condition to his/her spouse or sexual partner at the earliest opportune time.

Discriminatory Acts and Policies

- Discrimination in workplace

- Discrimination in schools

- Restrictions on travel and habitation

- Inhibition from public service

- Exclusion from credit & insurance services

- Discrimination in hospitals and health institutions

- Denial of burial services

ARTICLE VII: DISCRIMINATORY ACTS AND POLICIES

Sec. 35. Discrimination in the workplace.

Discrimination in any form from pre- employment to post-employment, including hiring, promotion or assignment, based on the actual, perceived or suspected HIV status of an individual is prohibited. Termination from work on the sole basis of actual, perceived or suspected HIV status is deemed unlawful.

ARTICLE VII: DISCRIMINATORY ACTS AND POLICIES

Section 36. Discrimination in schools.

-No educational institution shall refuse admission or expel, discipline, segregate, deny participation, benefits or services to a student or prospective student on the basis of his/her actual, perceived or suspected HIV status.

ARTICLE VII: DISCRIMINATORY ACTS AND POLICIES

Section 37. Restrictions on travel and habitation.

-The freedom of abode, lodging and travel of a person with HIV shall not be abridged. No person shall be quarantined, placed in isolation, or refused lawful entry into or deported from Philippine territory on account of his/her actual, perceived or suspected HIV status.

ARTICLE VII: DISCRIMINATORY ACTS AND POLICIES

Section 38. Inhibition from public service.

- The right to seek an elective or appointive public office shall not be denied to a person with HIV.

ARTICLE VII: DISCRIMINATORY ACTS AND POLICIES

Section 39. Exclusion from credit and insurance services.

- All credit and loan services, including health, accident and life insurance shall not be denied to a person on the basis of his/her actual, perceived or suspected HIV status

ARTICLE VII: DISCRIMINATORY ACTS AND POLICIES

Section 40. Discrimination in hospitals and health institutions.

No person shall be denied health care service or be charged with a higher fee on account of actual, perceived or suspected HIV status. A

ARTICLE VII: DISCRIMINATORY ACTS AND POLICIES

Section 41. Denial of burial services

A deceased person who had AIDS or who was known, suspected or perceived to be HIV-positive shall not be denied any kind of decent burial services.

Section 42. Penalties for discriminatory acts and policies.

imprisonment for six (6) months to four (4) years and a fine not exceeding Ten thousand pesos (P10,000.00); revoked

- All discriminatory acts and policies referred to in this Act shall be punishable with a penalty of ___ In addition, licenses/permits of schools, hospitals and other institutions found guilty of committing discriminatory acts and policies described in this Act shall be ___

Executive Order No. 39 dated 3 December 1992; Department of Health.

The Philippine National AIDS Council (PNAC) created by virtue of ___

• to oversee an integrated and comprehensive approach to HIV/AIDS prevention and control in the Philippines.

• It shall be attached to the ____

central advisory, planning and policy making body

Philippine National AIDS Council (PNAC) FUNCTIONS

• The Council shall be the____ for the comprehensive and integrated HIV/AIDS prevention and control program in the Philippines.

twenty-six (26) members

Philippine National AIDS Council (PNAC)

• Membership and Composition-The Council shall be composed of ____

Philippine HIV and AIDS Policy Act of 2018

RA 11166 TITLE

RA 11166

Updated and repealed the Philippine AIDS Prevention and Control Act of 1998.

57 sections; 8 articles

how many sections & articles in RA 11166

Dec. 20, 2018

RA 11166 was approved on?

RA 11166

AN ACT STRENGTHENING THE PHILIPPINE COMPREHENSIVE POLICY ON HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) PREVENTION, TREATMENT, CARE, AND SUPPORT, AND RECONSTITUTING THE PHILIPPINE NATIONAL AIDS COUNCIL (PNAC), REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 8504, OTHERWISE KNOWN AS THE “PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998”, AND APPROPRIATING FUNDS THEREFOR

RA 1116

• The government is mandated to establish programs and policies and adopt a multi-sectoral approach to prevent the spread of HIV, and ensure access to HIV and AIDS-related services "by eliminating the climate of stigma and discrimination" on patients.

• The Philippine National AIDS Council is reconstituted and streamlined to ensure effective implementation of the country's response to the spread of HIV and AIDS among the population.

• The law also provides penalties to people who will discriminate against HIV-positive individuals.

• Philippines has one of the highest increases in HIV cases in the Asia-Pacific from 2010 to 2016.

RA 11166; Six-year plan (AIDS Medium Term Plan)

___to control the spread of HIV and AIDS in the country

RA 11166; DOH

It also requires the ___ to establish a program that provides free and accessible treatment and medication to anyone living with HIV and/or AIDS

RA 11166; Department of Social Welfare and Development

___ is tasked to come up with care and support programs that include support, social protection, counseling, and more