3. ”AN ACT PROMULGATING POLICIESAND PRESCRIBING
MEASURES FOR THE PREVENTIONAND CONTROL OF HIV/AIDS
IN THE PHILIPPINES,INSTITUTING A NATIONWIDE HIV/AIDS
INFORMATION AND EDUCATIONAL PROGRAM, ESTABLISHING
A
COMPREHENSIVE HIV/AIDS MONITORING SYSTEM,
STRENGTHENINGTHE PHILIPPINENATIONAL AIDS COUNCIL,
AND FOROTHERPURPOSES”
4. “With the passage of Republic Act 8504 otherwise known as the
Philippine AIDS Prevention and Control Act of 1998, the country's
response to HIV/AIDS is now strengthened and concretized via the
wide spectrum of provisions comprehensively contained in this law.
This law also attempts to address major concerns involving various
issues on human rights vis-a-vis public health and safety.RA 8504 gains
popular recognition as an international ""best practice"" in the field of
HIV/AIDS. But the real test certainly lies on how the law will be
effectively implemented that will spur the best response to the
epidemic. Given this challenge, the Philippine National AIDS Council
has promulgated the Implementing Rules and Regulations (IRR) that
serves as the legal framework for the operationalization of RA 8504 and
as guide to instituting appropriate actions against HIV/AIDS. With the
IRR now in place, a bigger challenge awaits everyone in transforming
the various provisions stated in the law into concrete positive actions.”
5. 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
6. Was approved on: February 13, 1998
Approved by: Former President Fidel V. Ramos
Mandated by: The Philippine National AIDS Council (PNAC)
Created on: December 3,1992 , by Executive Order No.39
PNAC is reconstituted by Republic Act 8504 as the central advisory, planning and
policy making body on the prevention and control of HIV and AIDS in the
country. Made up of 26 members from the government, civil society and
organizations of people living with HIV, the Council envision a fully empowered
national coordinating body where different individuals and sectors work in
partnership to prevent the transmission of the virus and lessen its impact on
the affected persons in particular and society in general.
7. 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
8. HIV (Human Immunodeficiency Virus infection)
AIDS (Acquired Immune Deficiency Syndrome)
is a disease spectrum of the human immunesystem caused
by the infection with humanimmunodeficiencyvirus (HIV).
This is a disease that recognizes no territorial ,social,
political and economic boundaries for which there is no
known cure.
9.
10. Why do we have to monitor?
Determine magnitude and progression of HIV and AIDS
Evaluateadequacy and efficacy of countermeasures
How do we monitor?
Institutionalizing the National AIDS Registry
Reporting of allcases in hospitals, clinics, laboratories and accredited testing
centers
Ensure the anonymity of those who are tested
11. TheDOH’s National AIDS Registry recordedaround 200 HIV cases annually
from 1984 to 2001. It steadily went upand HIV cases hit a 416 percent
increase in2006.
A total of 9,163 HIV/AIDS cases were recordedin the country from 1984 to
March 2011 but this could bean underestimate becausethese cases were
only people who volunteered to be tested for the disease, the DOH said.
12. Article 1
The Government must promote education and information campaigns.
Schools and non-formal education programs must include HIV education.
The DOH mustconduct public health education campaigns.
The government must provide education for Filipinos going abroad.
LGUs must develop local HIV prevention and education efforts.
It is againstthe law to give false or intentionally misleading information on HIV/AIDS.
Article 2
The Government will develop and promote safe medical practices
All blood, organs, and tissue for donation will be tested. If it tests positive, it will be disposed of
safely, and not used.
The DOH will provide guidelines on safe surgery and medical procedures.
Willfully or negligently dangerous practices will be againstthe law.
13. Article 3
The Government will provide appropriate confidential HIV testing.
HIV testing can only be donewith the consent of the person tested.
TheDOH will provideanonymous HIV testing.
Counseling will beconducted before and after testing.
TheDOH will make adequate and affordable HIV testing available in all ofthe Philippines.
Article 4
The Government will ensure adequate health and support services for people with HIV.
Hospitals will provideadequate carefor persons with HIV.
LGUs must providecommunity-based prevention and careefforts.
Livelihood efforts will bemade available for peoplewith HIV.
TheDOH is to do STD prevention and control efforts.
TheDOH is tomake sure that health insurance is available to people with HIV.
14. Article 5
The Government will monitor HIV/AIDS
TheGovernment will establish an AIDSWATCH council.
Reporting procedures will be developed to track HIV rates, while respecting client
confidentiality.
Contract tracing is permitted provided confidentiality is not breached.
Article 6
Confidentiality will be protected on HIV status.
All healthcare workers, and anyone handling health records will strictly preserve patient
confidentiality on HIV status, and the identity of people with HIV.
HIV results may begiven to the person tested, an official of the AIDSWATCH council, and a
parent or guardian. It cannot be givento anyone else.
Legal penalties can beprovided forbreaching confidentiality.
People with HIV must inform spouses and sex partners as soon as reasonably possible.
15. Article 7
Discrimination against people with HIV is illegal.
Employers cannot discriminate in hiring, firing, promotion, orassignment based on actual or
suspected HIV status.
Schools arenot allowed torefuse admission, punish students, or deny participation in
activities based on real orperceived HIV status.
A personwith HIV has the legal right to travel, live, and lodgewith the same freedom as any
othercitizen. Quarantines and other restrictions are illegal.
A personwith HIV has everylegal right to seek public office.
Credit services cannot be denied based on HIV status. Insurance cannotberefused basedon
HIV status, provided the person does not lie about their HIV status.
Hospitals can health services cannot refuse treatment ordiscriminate based on HIV status.
Decent burials cannot be denied based on HIV status.
Legal penalties for discrimination will beenforced.
17. Theinstitution of a nationwide HIV/AIDS information and education program;
Theestablishment of a comprehensive HIV/AIDS monitoring system;
The issuance of guidelines onmedical and other practices and procedures that carry the risk
of HIV transmission;
The provision of accessible and affordable HIV testing and counseling services to those
whoare in need of it;
The provision of acceptable health and support services for persons with HIV/AIDS in
hospitals and in communities;
Theprotection and promotion of the rights of individuals with HIV; and
Thestrict observance of medical confidentiality.
Monitor the implementation of the rules and regulations of this Act, issue orcause the
issuance of orders ormake recommendations to the implementing agencies as the Council
considers appropriate;
18. Developa comprehensivelong-termnationalHIV/AIDSprevention and
control program and monitoritsimplementation;
Coordinate theactivitiesofand strengthenworking relationships
betweengovernmentand non-governmentagenciesinvolvedin the
campaignagainstHIV/AIDS;
Coordinate and cooperatewithforeignand internationalorganizations
regarding datacollection,research andtreatmentmodalitiesconcerning
HIV/AIDS;and
Evaluatetheadequacyofand makerecommendationsregarding the
utilizationofnationalresources for thepreventionand controlof
HIV/AIDS in thePhilippines.
19. Misleading Information
Imprisonment two months to two years
Administrative sanctions such asfines and suspension, or revocation of
professional or business license
Unsafe Practices and Procedures
Imprisonment six to 12 years
Administrative sanctions such asfines and suspension or revocation of
professional license
Cancellationor withdrawal of permit to operate business entity or
accreditation of hospital, laboratory or clinic
20. Violating Confidentiality
Imprisonment six months to four years
Administrative sanctions such asfines 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
21. Advantages of the Law
Raises awareness for HIV/AIDS
Prevention
Fast Action by the government
Disadvantages of the Law
Discrimination
Ineffectiveness
22. Lawmakershave beenurgedtosupportthebillpending in theHouse of
Representativesseekingtoinstitutionalizefundingfor HIV programs and
strengthenmeasuresthataddress discriminationand stigmaagainst
peopleinfectedwiththedeadlyhuman immunodeficiencyvirus (HIV).
House Bill5312, otherwiseknown asthe“NationalComprehensive HIVand
AIDSPrevention, Treatment,Care andSupport Policy and Plan,” seeksto
amendRepublicAct 8504or the “PhilippineAIDSPreventionand Control
Act.”
IloiloRep.JanetteGarin, principal author ofthe bill,saidRA8504 “is already
outdated.”
23. “It was enactedin 1998 whenthe country was only recording
one new infectionevery four days.
Today, as recorded in the March AIDS Registry,we are already
looking at one new infectionevery two hours, obviously the
bill no longer serves its purpose,” she said.
Garin believes thatit is hightimeto upgrade thePhilippinelaw
on AIDS.