RA 11166

RA 11166

Philippine HIV and AIDS Policy Act

Philippine HIV and AIDS Policy Act

RA 11166

RA 8504 - Philippine AIDS Prevention and Control Act of 1998)

RA 11166 - Philippine HIV and AIDS Policy Act repealed what law?

December 20, 2018

RA 11166 was approved on:

Pres. Rodrigo R. Duterte

RA 11166 was approved by:

Philippine National AIDS Council (PNAC)

Ensures the implementation of the country's response to HIV and AIDS situation

DOH Secretary

Permanent Chairperson of PNAC

Elected from Government Agency members
(3 years)

Vice-Chairperson of PNAC and term length

From Civil Society Organizations (3 years, renewable once)

Members of PNAC and term length

AIDS Medium Term Plan (AMTP)

A 6-year multi-sectoral strategic plan to prevent and control the spread of HIV and AIDS in the country

AIDS Medium Term Plan (AMTP)

Target and strategies, prevention, treatment, care and support, operationalization of the program, budgetary requirements needed

Epidemiology Bureau of the DOH

Determines and monitors the magnitude and progression of HIV and AIDS in the country.

• Provides a list of priority areas

Epidemiology Bureau of the DOH

Receive, collate, process and evaluate ALL HIV and AIDS-related medical reports from hospitals, clinics, laboratories and testing centers

Quarterly and Annual reports

What does the Epidemiology Bureau of the DOH submit to the PNAC?

Philippine National AIDS Council (PNAC)

Where does the Epidemiology Bureau of the DOH submit its quarterly and annual reports?

Principle of Human rights and Human Dignity

The country's response to the HIV and AIDS situation shall be anchored on the:

• promote safer sex practices
• promote other practices that reduce risk of HIV infection
• universal awareness and access to evidence-based and relevant information, education and treatment
• Knowledge of rights of PLHIV and their families

Information, Education and Communication aims to:

DepEd, CHED, TESDA

Education in Learning Institutions:

DepEd

Education for Parents and Guardians

Part of the delivery of health services by health practitioners

Information as Health Service:

• Basic information and instruction
• Topics on confidentiality and reduction of stigma and discrimination

Education in the Workplace:

Attend a SEMINAR before granted a certificate for overseas assigment

Education for Filipinos going Abroad:

Educational materials provided at international and local ports of entry and exit

Information for Tourists and Transients:

Peer education
Support Groups
Outreach Programs
Community-based Research

Education for Key Populations & Vulnerable Communities:

• Proper use and efficacy against HIV and STI
• Legibly printed in ENGLISH and FILIPINO

Information on Prophylactics:

Gender-responsive,
Age-appropriate,
Human rights-oriented,
Evidence-based prevention tools

Education in Communities:

• Comprehensive health intervention for key populations
• Preventing Mother-to-Child HIV transmission
• Standard precaution on donation of BLOOD, TISSUE or ORGAN

Prevention, Measures, Safe Practices and Procedures

• ALL who donated BLOOD: subject to HIV testing
• TISSUE or ORGAN donation: accepted ONLY if donor sample tested - for HIV
• ALL donors who tested +: notified, counseled, referred to care and clinical management
• HIV+ samples: accepted for research purposes ONLY
• 2nd testing: may be performed

Standard Precaution on donation:
• ALL who donated BLOOD:
• TISSUE or ORGAN donation:
• ALL donors who tested +:
• HIV+ samples:
• 2nd testing:

Written Consent (Principle of Autonomy)

NO INFORMED CONSENT \= NO TESTING

Requirement for Voluntary HIV Testing

15-17 yo.:
- consent from CHILD ONLY (no need P/G)

Below 15 yo who is PREGNANT or engaged in HIGH-RISK behavior:
- consent from CHILD ONLY (no need P/G)
- Mature Minor Doctrine

Below 15 yo or is mentally incapacitated:
- P/G consent is needed
- IF no P/G: SOCIAL WORKER or HEALTH WORKER with assent of CHILD

Voluntary HIV Testing

• Pre-requisite for blood donation
• When it is necessary to resolve relevant issues under the FAMILY CODE OF THE PHILIPPINES
• when it is necessary to test a person charged with:
- Rape & Simple Seduction
- Serious & Slight Physical Injuries

Compulsory HIV Testing

Counseling and Testing

What part of RA 11166 was adapted from the old law RA 8504?

• Voluntary
• Available at all times
• provided by Qualified persons
• Informed Consent

HIV Testing is based on:

ONLY DOH-accredited HIV Testing facilities (ex. NRLs)

Who are allowed to conduct HIV Testing?

• HIV and AIDS Counselors
• PWD Counselors

FREE pre-test & post-test counseling

Who should train for Counseling and Testing?

PRICE of counselling:

Free and accessible anti-retroviral therapy (ART) and medication for opportunistic infections

Health and Support Service:
What are offered to ALL PLHIV enrolled in the program?

Counseling, Welfare assistance, Social protection

Health and Support Services for:

PLHIV

Financial support for necessary services

Health and Support Services for:

Indigent persons living with HIV

Stigma-free comprehensive reintegration, care and support program

Health and Support Services for:

Overseas workers living with HIV

• Education Programs
• Educational Assistance for children infected with HIV & children orphaned by HIV/AIDS

Health and Support Services for:

Affected families, intimate partners, significant others & children of PLHIV

• Comprehensive prevention and control program

Provided with treatement

Health and Support Services for:

Prisons and other closed-setting institution

PLHIV in these settings are provided with:

PhilHealth benefit package

NO PLHIV shall be denied of private health or life insurance in basis of person's status

Health and Support Services for:

Health Insurance

• Tested for HIV
• Has HIV infection and AIDS-related illnesses
• Exposed to HIV
• Treated for HIV-related illnesses

Confidentiality and privacy of any individual is guaranteed for people:

• Complying with reportorial requirements of national active & passive surveillance system of DOH

• Informing other heath workers directly involved in treatment & care of a PLHIV

• Responding to a SUBPOENA over a legal proceeding where main issue is the HIV STATUS of an individual

Exceptions to Confidentiality

Shared Medical Confidentiality

Informing other heath workers directly involved in treatment & care of a PLHIV is called:

• Executive session
• Personally opened BY the JUDGE

Conditions of breaking confidentiality:

When responding to a SUBPOENA over a legal proceeding where main issue is the HIV STATUS of an individual

ONLY to the individual who submitted to the test

GENERAL RULE in disclosing HIV-related test results

• Below 15 yo, orphan, or mentally incapacitated:
- parents, legal guardian, duly assigned health/social worker

• Below 15 yo. but has given the consent:
- ONLY to the CHILD

• If POSITIVE:
- Strongly encouraged to disclose the condition to the spouse, sexual partners, or any person prior to engaging in penetrative sex or any potential exposure to HIV

Disclosure of HIV-related Test Result

• Rejection of job application
• Termination of employment
• Other discriminatory policies in hiring, promotion and employment

Discriminatory Acts and Practices at the WORKPLACE

• Refusal of admission
• Expulsion
• Segregation
• Imposition of harsh disciplinary actions
• Denial of benefits and services

Discriminatory Acts and Practices at LEARNING INSTITUTIONS

• Travel restrictions
• Refusal of lawful entry to the Philippines
• Deportation
• Quarantine/enforced isolation of travelers

Both FILIPINOS & NON-FILIPINOS

Discriminatory Acts and Practices over RESTRICTION ON TRAVEL AND HABITATION

Applies to:

• restriction on shelter
• prohibition from seeking or holding public office (elective or appointive)
• exclusion from credit and insurance services
• discrimination in hospitals and health institutions (denial of services or charging higher fee)
• denial of burial services
• bullying in ALL forms

Discriminatory Acts and Policies

Imprisonment: 1-10 years
Fine: P50,000-500,000

PENALTIES: Misinformation

Imprisonment:
Fine:

Misinformation

False/Misleading advertising and claims of drugs, devices, agents or procedures claiming to be a cure or a failsafe prophylactic

Imprisonment: 6-12 years

PENALTIES: Knowingly/Negligently causes another to get infected with HIV in the course of the practice of profession

Imprisonment:

Imprisonment: 6-12 years

PENALTIES: Compelled any person to undergo HIV testing without consent

Imprisonment:

Imprisonment: 1-5 years
Fine: P100,000-500,000

PENALTIES: Raids/Similar police operations insights and venues of HIV prevention interventions based on the presence of used or unused prophylactics

Imprisonment:
Fine:

Imprisonment: 6 months - 5 years
Fine: P100,000-500,000

PENALTIES: Harassment of HIV and AIDS service providers

Imprisonment:
Fine:

Imprisonment: 6 months - 5 years
Fine: \> P50,000

Administrative Sanctions

PENALTIES: Denial of insurance services to PLHIV

Imprisonment:
Fine:

Imprisonment: 6 months - 2 years
Fine: P50,000-100,000

PENALTIES: Breach of Confidentiality

Imprisonment:
Fine:

Imprisonment: 2 years and 1 day - 5 years
Fine: P150,000-350,000

PENALTIES: Mass Dissemination of HIV status of a person, including online and media statements

Imprisonment: 5 years and 1 day - 7 years
Fine: P350,000-500,000

PENALTIES: Breach of confidentiality by a health professional or any other custodian of any medical record, file, data or test result

Imprisonment:
Fine:

Imprisonment: 6 months - 5 years
Fine: P50,000-500,000

Administrative Sanctions

PENALTIES: Violation on discriminatory acts and policies

Imprisonment:
Fine:

Liability under ARTICLES 19, 20, 21 and 26 of the new Civil Code of the Philippines & RA 10173

PENALTIES: Uses Knowledge of confidential HIV and AIDS information to malign or caused damage, injury or loss to another person

Data Privacy Act of 2012

RA 10173

DEPORTATION after serving the penalties

PENALTIES:
If ALIEN

PERPETUAL or TEMPORARY absolute disqualification from office

PENALTIES:
IF government employee or public official

Special Fund administered by the PNAC

Where does the collected penalties money go to?

Anonymity & Confidentiality

ALL medical reports of the Epidemiology Bureau of the DOH must maintain: