RA 111666

Philippine HIV and AIDS Policy Act

REPUBLIC ACT No. 11166

Philippine AIDS Prevention and Control Act of 1998

Republic Act 8504

21 year old

Republic Act 8504 year old?

Pres. Fidel Ramos

Republic Act 8504 signed by

President Rodrigo Duterte

Republic Act 11166 signed by

Dec. 20, 2018

Republic Act 11166 date signed

90-90-90 CAN HAPPEN

THE BASIS FOR THE NEW ACHIEVABLE TARGETS

90% of all people living with HIV will know their HIV status (90% diagnosed)

REACHING TARGET 1

90% of all people with diagnosed HIV infection will receive sustained antiretroviral therapy (90% on HIV treatment)

REACHING TARGET 2

90% of all people receiving antiretroviral therapy will have viral suppression (90% suppressed)

REACHING TARGET 3

95-95-95 for treatment

Only if these targets are met can we then achieve the next set of goals to end AIDS by 2030

95-95-95

• 95% of people living with HIV knowing their HIV status;

• 95% of people who know their status on treatment; and

• 95% of people on treatment with suppressed viral loads.

95-95-95

•Reduce the annual number of new HIV infections among adults to 200,000.

•Achieving zero discrimination.

REPUBLIC ACT No. 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)

REPUBLIC ACT No. 11166

Purpose of Repealing the Republic Act No. 8504, Otherwise Known as The "Philippine Aids Prevention and Control Act of 1998", and Appropriating Funds to all HIV /AIDS National program

Senate Bill No. 1390

REPUBLIC ACT No. 11166 senate bill

House Bill No. 6617

REPUBLIC ACT No. 11166 house bill

TIITLE. “ Philippine HIV and AIDS Policy Act “

SECTION 1

DECLARATION OF POLICIES

SECTION 2

SECTION 2. DECLARATION OF POLICIES

⮚ HIV & AIDS is a health problem

⮚ policies and practices on the dissemination of non-discriminatory on the HIV /AIDS services and the health providers to protect , respect and promote human rights ;

⮚ promote programs to prevent the spread of HIV and the integration of the said program in the education where Gov’t agencies and multi-sectoral approaches.

⮚ Ensure access to HIV/AIDS related services eliminating the climate of stigma

Definition of terms

Section 3

Section 3 see book

see book

PHILIPPINE NATIONAL AIDS COUNCIL (PNAC)

SECTION 4

SECTION 4. PHILIPPINE NATIONAL AIDS COUNCIL (PNAC)

shall be reconstituted and streamlined to ensure the implementation of the country's response to the HIV and AIDS situation.

PNAC

shall be an agency attached to the DOH with a separate budget under the General Appropriations Act (GAA). It shall have its own secretariat and staffing pattern that shall be headed by an executive director.

FUNCTIONS

SECTION 5

SECTION 5 . FUNCTIONS

⮚develop the AIDS Medium Term Plan in collaboration with relevant government agencies , CSOs , the PLHIV community , and other stakeholders;

⮚ ensure the operationalization and implementation of AMTP

⮚Strengthen the collaboration between government agencies and CSOs involved in the implementation of the national HIV and AIDS response , including the delivery of HIVV and AIDS related services

⮚ Develop and ensure the implementation of the guidelines and policies provided in this Act , including other policies that may be necessary to implement the AMTP

SECTION 5 . FUNCTIONS

⮚Monitors the progress of the response to the country’s HIV and AIDs situation

⮚Monitor the implementation of the AMTP , undertake mid-term assessments and evaluate its impact

⮚Mobilize sources of funds for the AMTP

⮚Mobilize its members to conduct monitoring and evaluation of HIV-related programs, policies and services within their mandate

SECTION 5 . FUNCTIONS

⮚Coordinate , organize and work in partnership with foreign and international organizations regarding funding , data collection , research ,and treatment modalities on HIV and AIDS , and ensure foreign funded programs are aligned to the national response;

⮚Advocate for policy reforms to congress and other government agencies to strengthen the country’s response to the HIV and AIDS situation.

SECTION 5 . FUNCTIONS

⮚Submit an annual report to the office of the President , Congress, and the embers of the Council

⮚Identify gaps in the national responses on the part of government agencies and its partners from civil society and international organizations , in order to develop and implement the initial interventions required in these situations ; and

⮚Recommend policies and programs that will institutionalize or continue the interventions required in addressing the gaps identified in the national response to the HIV and AIDS situation of the country

MEMBERSHIP AND COMPOSITION

SECTION 6

SECTION 6 . MEMBERSHIP AND COMPOSITION

⮚Government agencies or CSOs( civil society org) with direct contribution to the performance of the core functions of the council ( oversight, direction setting and policy making);

⮚GO AND CSOs with existing programs, services and activities that directly contribute to the achievement of the AMTP; and

⮚GO or CSOs with existing constituencies that are targeted by the AMTPs objectives and activities.

1. DOH 2. DepEd 3. DOLE 4. DILG 5. CSC 6. CHED 7. NYC 8. PIA 9. DBM 10.The chairperson of the committee on health of the House of representatives or his representative; 11.Two (2) representatives from a private organization with expertise in standard setting and service delivery ; and 12.Six ( 6) representatives from NGOs working for the welfare of identified key populations

The following agencies and Cos shall be represented to the PNAC

President of the Philippines

members of the PNAC shall be appointed bymembers of the PNAC shall be appointed by

heads of the government agencies

not lower than ASEC or its equivalent

30 days

Appointed not later than __ days after the date of

enactment of this Act( Dec. 20, 2018 )

once every quarter

PNAC – meeting ( at least _)

Chair/Vice-chair and the at least 10 other PNAC MEMBERS

People present in meeting

DOH Sec OF Health

permanent chair

Vice chairperson

elected from the government agency members

3 years ( renewable ) max. of two (2) consecutive terms

Term of service

SECRETARIAT

SECTION 7

SECTION 7 . SECRETARIAT

FUNCTIONS :

• 1. coordinate and manage the day-to-day affairs of the PNAC;

• 2. Assist in the formulation, monitoring , and evaluation of policies and the AMTP ;

• 3. Provide technical assistance , support, and advisory services to the PNAC and its external partners;

• 4. assist the PNAC in identifying and building internal and external networks and partnerships

• 5. coordinate and support the efforts of the PNAC and its members to mobilize resources ;

• 6. serve as the repository of HIV and AIDS –related information

• 7. disseminate updated , accurate , relevant , and comprehensive information about the country’s HIV and AIDS situation to PNAC members, policy makers ,and the media ;

• 8. provide administrative support to the PNAC; and

• 9. coordinate , fund and implement , as directed by the PNAC , the interventions identified by the Council as gaps in the AMTP implementation , in cooperation with CSOs and the PLHIV community

SECTION 7 . SECRETARIAT

⮚ Composed of : personnel (technical expertise)

⮚ Headed by Executive director

personnel (technical expertise)

permanent appointments ( civil rules and regulations)

Headed by Executive director

under the direct supervision of the chairperson of the PNAC ( Sec. of Health –DOH)

AIDS MEDIUM TERM PLAN (AMTP)

SECTION 8

SECTION 8 . AIDS MEDIUM TERM PLAN (AMTP)

a National Multi-Sectoral Strategic Plan to prevent and control the spread of

HIV and AIDS in the country.

six (6) year

The PNAC shall formulate and periodically update

the __ year AMTP

AMTP shall include the following:

SECTION 9⮚1. The country’s targets and strategies in addressing the HIV and AIDS situation

⮚2. The prevention, treatment , care and support , and other components of the country’s response ;

⮚3. The 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 monitoring the implementation of its AIDS program from the national to the local levels ; and

⮚4. the budgetary requirements and a corollary investment plan of each government agency specified in the AMTP, and shall identify the sources of funds for its implementation .

THE ROLE OF DOH

SECTION 9

SECTION 9 . THE ROLE OF DOH

The National HIV and AIDS and STI prevention and Control program ( NASPCP) of the DOH , which shall be composed of qualified medical specialists and support personnel with permanent appointments ,and with adequate yearly budget – identified from AMTP.

The epidemiology Bureau shall maintain a comprehensive HIV and AIDS monitoring and evaluation program that shall serve the following purposes:

1. determine and monitor the magnitude and progression of HIV and AIDS in the Philippines and regularly provide a list of priority areas with high magnitude of HIV and AIDS cases and co- infections to help the PNAC Evaluate the adequacy and efficacy of HIV prevention and treatment programs being employed;

2. 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 a 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

3. submit, through its secretariat , quarterly and annual reports to the PNAC containing the findings of its monitoring and evaluation activities in compliance with this mandate.

PROTECTION OF HUMAN RIGHTS

SECTION 10

SECTION 10 . PROTECTION OF HUMAN RIGHTS

⮚the members of the PNAC , in cooperation with CSOs , and in collaboration with the Department of Justice (DOJ) and the Commission on Human Rights (CHR) ,

⮚ the DOJ and CHR , in coordination with the PNAC, shall take the lead in developing redress mechanisms for PLHIV and key affected populations to ensure that their civil , political , economic , and social rights are protected.

⮚The PNAC shall cooperate with local government units (LGUs) to strengthen existing mediation and reconciliation mechanisms at the local level .

ARTICLE 1 PHILIPPINE NATIONAL AIDS COUNCIL ( PNAC)

Section 4-10

ARTICLE 1

PHILIPPINE NATIONAL AIDS COUNCIL ( PNAC)

INFORMATION, EDUCATION AND COMMUNICATION

ARTICLE II

PREVENTION PROGRAM

SECTION 11

SECTION 11 . PREVENTION PROGRAM

✔ HIV and AIDS prevention program that will educate the public on HIV and AIDS and other STIs, with the goal of reducing the risky behavior, lowering vulnerabilities , and promoting the human rights of PLHIV.

✔ The PNAC 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 PLHIV and the affected children , young people , families , and partners of PLHIV .

The HIV and AIDS education and prevention programs shall be age- appropriate and based on up –to-date evidence and scientific strategies , and shall actively promote:

a. Safer sex practices among the general population, including sexual abstinence , sexual fidelity , and consistent and correct condom use especially among key populations ;

b. Other practices that reduce risk of HIV infection ;

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

d. Knowledge of the health , civil , political , economic, and social rights of PLHIV and their families

EDUCATION IN LEARNING INSTITUTIONS

SECTION 12

SECTION 12 . EDUCATION IN LEARNING INSTITUTIONS

⮚ Using standardized information and data from the PNAC , the DepEd, CHED , and the Technical Education and Skills development authority ( TESDA) integrated in the curricula ( basic and MOT, ways of Prevention the spread of HIV/AIDS /STIs), treatment, care and support and promote the STIGMA reduction.

⮚ The learning modules shall include human right-based principles and information on treatment , care and support to promote stigma reduction .

⮚ The learning modules that shall be developed to implement this provision shall be done in coordination with the PNAC and stakeholders in the education sector . Referral mechanisms , including but not limited to , the DSWD referral system , shall be included in the modules for key populations and vulnerable communities .

EDUCATION FOR PARENTS AND GUARDIANS

SECTION 13

SECTION 13 . EDUCATION FOR PARENTS AND GUARDIANS

The DepEd in coordination with parent –teacher organizations in schools and communities shall conduct awareness-building seminars in order to provide parents and guardians with a gender-responsive and age-sensitive HIV and AIDS education

EDUCATION AS A RIGHT TO HEALTH AND INFORMATION

SECTION 14

SECTION 14. EDUCATION AS A RIGHT TO HEALTH AND INFORMATION

HIV and AIDS education and information dissemination shall form part of a constitutional right to healthHIV and AIDS education and information dissemination shall form part of a constitutional right to health

HIV AND AIDS INFORMATION AS A HEALTH SERVICE

SECTION 15

SECTION 15. HIV AND AIDS INFORMATION AS A HEALTH SERVICE

HIV and AIDS education and information dissemination shall form part of the delivery of health services by the health practitioners , workers , and personnel . The knowledge and capabilities of all public health workers shall be considered a civic duty of health care providers in the private sector to make available to the public such information necessary to prevent and control the spread of HIV and AIDS and to correct common misconceptions about this disease. The training of health workers shall include discussions on HIV-related ethical issues such as confidentiality , informed consent , and the duty to provide treatment.

EDUCATION IN THE WORKPLACE

SECTION 16

SECTION 16 . EDUCATION IN THE WORKPLACE

All public and private employers and employees,, including members of the Armed Forces of the Philippines (AFP) and the Philippines National Police (PNP) , shall be regularly provided with standardized basic information and instruction on HIV and AIDs , including topics on confidentiality in the workplace and reduction or elimination of STIGMA and DISCRIMINATION

SECTION 16 . EDUCATION IN THE WORKPLACE

The PNAC shall develop the standardized and key messages on

the prevention and control of HIV and AIDs based on current

and updated information on the disease.

SECTION 16 . EDUCATION IN THE WORKPLACE

The DOLE for the private sector, the CSC for the public sector , and the AFP and PNP for the uniformed service shall implement this provision : Provided , that the standardized basic information and instruction shall be conducted by DOLE for the private sector at no cost to the employers and employees.

EDUCATION FOR FILIPINOS GOING ABROAD

SECTION 17

SECTION 17. EDUCATION FOR FILIPINOS GOING ABROAD

The state shall ensure that all overseas Filipino workers and diplomatic , military , trade , and labor officials and personnel to be assigned overseas shall attend a seminar on the causes , manner of prevention , and impact of HIV and AIDS , before being granted a certification for overseas assignment: Provided, that the seminar shall be conducted at no cost to overseas Filipino workers or to the officials concerned.

The DOLE , the Department of Foreign Affairs ( DFA) , the Commission on Filipino Overseas (CFO) , and other relevant government agencies in collaboration with the DOH , shall ensure the implementation of this section

INFORMATION FOR TOURISTS AND TRANSIENTS

SECTION 18

SECTION 18 . INFORMATION FOR TOURISTS AND TRANSIENTS

Educational materials on the causes , MOT, preventions , and consequences of HIV infection and list of HIV counseling testing facilities shall be adequately provided at all international and local ports of entry and exit . The PIA , together with other relevant government agencies , in coordination with the PNAC and stakeholders in the tourism industry , shall lead the implementation of this section

EDUCATION IN COMMUNITIES

SECTION 19

SECTION 19 . EDUCATION IN COMMUNITIES

The DILG , the Union of Local Authorities of the Philippines (ULAP) , the Leagues of Provinces, the League of Cities , and the League of Municipalities , through the local HIV and AIDS councils (LAC) or the local health boards and in coordination with PNAC , shall implement a locally-based , multi-sectoral community response to HIV and AIDs through various channels on evidence-based, gender-responsive, age-appropriate, and human rights –oriented prevention tools to stop the spread of HIV. Gender and Development (GAD) funds and other sources may be utilized for this purposes. Indigenous peoples communities and geographically isolated and disadvantaged areas ( GIDA) shall also be given due focus in the implementation of this section.

The DILG , in coordination with the DSWD and the NYC shall also conduct age- appropriate HIV and AIDS education for out-of-school youth.

INFORMATION FOR KEY POPULATIONS AND VULNERABLE COMMUNITIES

SECTION 20

SECTION 20 . INFORMATION FOR KEY POPULATIONS AND VULNERABLE COMMUNITIES

To ensure that HIV services reach key populations at higher risk , the PNAC , in collaboration with the LGUs and CSOs engaged in HIV and AIDs programs and projects , shall support and provide funding for HIV and AIDS programs and projects, shall support and provide funding for HIV AND AIDS education programs ,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 PNAC craft the guidelines , and the standardized information messages for peer education , support group , and outreach activities

INFORMATION ON PROPHYLACTICS

SECTION 21

SECTION 21 . INFORMATION ON PROPHYLACTICS

Appropriate information shall be attached to, or provided with every prophylactic offered for sale or given as donation . Such information shall be legibly printed in English and Filipino, and contain literature on the proper use of the prophylactic device or agent , and its efficacy against HIV and STI.

MISINFORMATION ON HIV AND AIDS

SECTION 22

SECTION 22. MISINFORMATION ON HIV AND AIDS

Misinformation on HIV and AIDs , which includes false and misleading advertising and claims in any form of media, including traditional media, internet and social platforms , and mobile applications, of the promotional marketing of drugs,, devices , agents or procedures without prior approval from the DOH through the FDA ( FOOD DRUG ADIMINISTRATION ) , and without the requisite medical and scientific basis, including markings and indications in drugs and devices or agents, claiming to be a cure or a fail-safe prophylactic for HIV infection shall be prohibited.

ARTICLE II INFORMATION, EDUCATION AND COMMUNICATION

SECTION 11-22

PREVENTIVE MEASURES, SAFE PRACTICES AND PROCEDURES

ARTICLE III

SECTION 23 . HIV PREVENTION MEASURES

The PNAC in coordination with the DOH , LGUs, and other relevant government agencies , private sector, CSOs,, faith –based organizations, and PLHIVs, shall implement preventive measures

The PNAC in coordination with the DOH , LGUs, and other relevant government agencies , private sector, CSOs,, faith –based organizations, and PLHIVs, shall implement preventive measures , including but not limited , to the following:

a. Creation of rights-based and community –led behavior modification programs that seek to encourage HIV risk reduction behavior among PPLHIVs;

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 partners ;

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

d. Accessibility of ART and management of opportunistic infections;

e. mobilization of communities of PLHIV for public awareness campaigns and stigma reduction activities and

f. Establish comprehensive human rights and evidence-based policies , programs , and approaches that aim to reduce transmission of HIV and its harmful consequences to members of key affected populations. The enforcement of this section shall not lead to , or result in the discrimination or violation of the rights of PLHIV and the service provider implementing the program , including peer educators and community –based testing providers.

COMPREHENSIVE HEALTH INTERVENTION FOR KEY POPULATIONS

SECTION 24

SECTION 24. COMPREHENSIVE HEALTH INTERVENTION FOR KEY POPULATIONS

The DILG and DOH , in the partnership with the key populations ,shall establish a human rights and evidence-based HIV prevention policy and program for people who have higher risk of HIV infection and the other key populations

The presence of used or unused prophylactics shall not be used as basis to conduct raids or similar police operations in sites and venues of HIV prevention interventions . The DILG and DOH , in coordination with LGUs, shall establish a national policy to guarantee the implementation of this provision

PREVENTING MOTHER-TO –CHILD HIV TRANSMISSION

SECTION 25

SECTION 25. PREVENTING MOTHER-TO –CHILD HIV TRANSMISSION

The DOH shall establish a program to prevent other-to-child HIV transmission that shall be integrated in its maternal and child health services

STANDARD PRECAUTION ON THE DONATION OF BLOOD , TISSUE , OR ORGAN

SECTION 26

SECTION 26 . STANDARD PRECAUTION ON THE DONATION OF BLOOD , TISSUE , OR ORGAN

The DOH shall enforce the following guidelines on the donation of blood , tissue or organ:

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 subjected to HIV testing ;

c. All donors whose blood , organ or tissue has been tested positive shall be deferred from donation , notified of their HIV status , counselled , and referred for care and clinical management as soon as possible ;

d. Donations of blood , tissue , or organs testing positive for HIV may be accepted for research purposes only ; and shall be subject to strict sanitary disposal requirements and

e. A second testing may be demanded as a matter of right by the blood , tissue , or organ recipient or his/her immediate relatives before transfusion or transplant , except during emergency cases.

TESTING OF ORGAN DONATION

SECTION 27

SECTION 27. TESTING OF ORGAN DONATION

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 one’s blood, organ , or tissue for transfusion transplantation or research , and

b. A legacy and a donation are executed in accordance with Section 3 and 4 respectively , of RA no. 7170 , otherwise known as the “Organ Donation Act of 1991”.

Organ Donation Act of 1991

RA NO. 7170

GUIDELINES ON MEDICAL MANAGEMENT, SURGICAL , AND OTHER RELATED PROCEDURES

SECTION 28