Republic Act 8504

The Philippine AIDS Prevention and Control Act of 1998

RA 8504
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 other purposes

RA 8504
Signed into a law by Pres. Fidel V. Ramos
on February 13, 1998

Declaration of policies emphasizes the

gravity of the AIDS threat and the demand of strong State action today:
Promote public awareness Protection of human rights and civil liberties of persons
suspected or known infected Promote utmost safety and universal precautions Positively address and seek to eradicate conditions aggravating the spread of HIV infection Recognize potential role of affected individuals

EDUCATION AND INFORMATION

HIV/AIDS education in schools
HIV/AIDS information as a health service HIV/AIDS education in the workplace HIV/AIDS education for Filipinos going abroad Information campaigns for tourists and transients HIV/AIDS education in communities

Information on Prophylactics
Penalties for misleading information

EDUCATION AND INFORMATION

HIV/AIDS education in schools
Utilizing official information from Department of Health
(DOH) Causes, modes of transmission, and prevention shall be taught in public and private school Adoption of appropriate course content allowed after consultation with:
a) b) c) d)
Parent-Teacher-Community Association Private School Associations School officials Other interest groups

All teacher and instructors required to undergo seminar or

training

EDUCATION AND INFORMATION

HIV/AIDS information as a health service
By health practitioners, workers,
and personnel

HIV/AIDS education in the workplace

Government and private
employees, workers, managers, and supervisors, AFP, PNP

Purpose: Proper information dissemination Correct common misconceptions Discussion of HIV-related ethical
issues
a) Confidentiality b) Informed consent c) Duty to provide treatment

Standardized basic
information and instruction on HIV/AIDS Confidentiality in workplace Attitude towards infected
employees and workers

EDUCATION AND INFORMATION

HIV/AIDS education for Filipinos going abroad
OFWs, diplomatic, military, trade, and labor officials undergo or attend a seminar on the cause, prevention and consequences of
HIV/AIDS before certification for overseas assignment

DFA, Dept. of Tourism, DOJ through Bureau of Immigration, DOH

Information campaigns for tourists and transients

All international ports of entry and exit
Informational aids or materials on cause modes of transmission & prevention DFA, Dept. of Tourism, DOJ through Bureau of Immigration, DOH

EDUCATION AND INFORMATION

HIV/AIDS education in communities
Local government units & DOH
provincial governor, city or municipal mayor, and barangay captain

Educational and information campaign on HIV/AIDS

Information on Prophylactics
Every prophylactic offered for sale or given as donation Information must:
Be in English or Filipino Contain literature on proper use and efficacy Importance of sexual abstinence and mutual infidelity

EDUCATION AND INFORMATION

Penalties for misleading information
Imprisonment: 2 months to 2 years
Without prejudice to the imposition of administrative
sanctions such as fines and suspension or revocation of professional or business license

SAFETY PRACTICES AND PROCEDURES

For donated blood, either gratuitous or onerous
Donor has been tested negative for HIV

All blood samples shall be subjected to HIV testing HIV (+) blood shall be disposed of properly and immediately Second testing may be demanded Issuance of guidelines on:
precautions against HIV transmission during surgical, dental, embalming,
tattooing, or similar procedures Handling and disposition of HIV positive cadavers or body fluids Necessary protective equipment

Penalty for violation:

imprisonment of 6 years to 12 years Permit of license be cancelled or withdrawn

TESTING, SCREENING, AND COUNSELLING

Consent as a requisite for
HIV testing
No compulsory HIV
testing allowed Encourage voluntary testing: high risk for contracting HIV Written informed consent
legal age: from person
concerned minor or mentally incapacitated: from parent or legal guardian

Prohibition on

Compulsory HIV testing Exception:

crimes punishable under Art. 335 and 338 of RA 3815 or RPC, or under RA 7659 HIV status is necessary to resolve relevant issues Family Code of the Philippines provisions of RA 7170 (Organ Donation Act) and RA 7719 (Natl Blood Services Act)

a) Person charged with any

b) When the determination of the

c) When complying with the

TESTING, SCREENING, AND COUNSELLING

Anonymous HIV Testing
State shall guaranty anonymity and medical confidentiality in the
conduct of such tests

Accreditation of HIV Testing Centers

From DOH which set and maintain reasonable accreditation
standards

Pre-Test and Post-test Counseling

Required to be provided and conducted by all testing centers,
clinics or laboratories

HEALTH AND SUPPORT SERVICES

Hospital-Based Services
All government hospitals

Control of Sexually
Transmitted Diseases
DOH, LGU, concerned
government agencies, NGOs

Community-Based
Services
DOH, LGU, concerned
government agencies, NGOs Provide prevention and care services

Insurance of Persons
with HIV
Conduct a study on feasibility
and viability of setting up a package of insurance benefits Access to health insurance is part of individuals right to health and responsibility of the State as a whole

Livelihood Programs
and Trainings
Made accessible and available
to persons with HIV/AIDS

MONITORING
AIDSWATCH
comprehensive HIV/AIDS monitoring program Established by DOH Purpose: to determine and monitor the magnitude
and progression of HIV infection in the Philippines, and for evaluating the adequacy and efficacy of the countermeasures being employed Data base shall utilize coding system that promotes client anonymity Pursue contact tracing

Medical Confidentiality
Handling all medical information, particularly the
identity and status of person with HIV

Exceptions:
a) Complying with reportorial requirements with
AIDSWATCH programs b) Informing health workers directly involved or about to be involved with treatment of care of persons with HIV/AIDS c) Responding to subpoena duces tecum and subpoena ad testificandum issued by Court

Medical Confidentiality
Results shall only be released to the following:
a) b) c) d)
the person who submitted himself/herself to such a test; either parent of a minor child who has been tested; a legal guardian in the case of insane persons or orphans; a person authorized to receive such results in conjunction with the AIDSWATCH program as provided in Section 27 of this Act; e) a justice of the Court of Appeals or the Supreme Court

Penalty for Violation

6 mos. To 4 years without prejudice to administrative sanctions Cancellation or withdrawal of license to operate

Disclosure to Sexual Partners

Discriminatory Acts & Policies

Workplace
Any form from pre-employment to post-employment, including,
hiring, promotion or assignment, and termination

Schools
Refuse admission or expel, discipline, segregate, deny participation,
benefits or services to a student or prospective student

Restriction on Travel and Habitation

Quarantined, put in isolation, or refused lawful entry or deported from
Philippine territory

Inhibition from Public Services

Denied of right to seek an elective or appointive public office

Discriminatory Acts & Policies

Exclusion fro m Credit and Insurance Services
All credits and loan services, including health, accident and life insurance

Hospitals and Health Institutions

Denial of health care services or be charged with higher fee

Denial of Burial Services

Penalties
6 mos. To 4 years and fine of P10,000.00 Revocation of licenses or permits

Philippine National AIDS Council (PNAC)

Established to oversee an integrated and comprehensive
approach to HIV/AIDS prevention and control

Functions: central advisory, planning, and policy-making

(1) Integrate and cooperate with other government agencies to issue
implementing rules & regulations on a) institution of a nationwide HIV/AIDS information and education program b) establishment of a comprehensive HIV/AIDS monitoring System c) issuance of guidelines on medical practices and other procedures that
d) e) f) g)
carry the risk of HIV transmission provision of accessible and affordable HIV testing and counselling services to those who are in need of it provision of acceptable health and support services for persons with HIV/AIDS in hospitals and in communities protection and promotion of the rights of individuals with HIV strict observance of medical confidentiality.

Philippine National AIDS Council (PNAC)

2) Monitor implementation of rules and regulations of this Act, issue or 3) 4) 5)
cause the issuance of orders or make recommendations to the implementing agencies as the Council considers appropriate; Develop a comprehensive long-term national HIV/AIDS prevention and control program and monitor its implementation Coordinate the activities of and strengthen working relationships between government and non-government agencies involved in the campaign against HIV/AIDS Coordinate and cooperate with foreign and international organizations regarding data collection, research and treatment modalities concerning HIV/AIDS Evaluate the adequacy of and make recommendations regarding the utilization of national resources for the prevention and control of HIV/ AIDS in the Philippines.

6)

Philippine National AIDS Council (PNAC)

Membership and Composition
With a Term of 2 years
a) 2 representatives from organizations or medical/health
professionals b) 6 representatives from NGO involved in HIV/AIDS prevention and control efforts and activities

1 representative from an organization of persons dealing

with HIV/AIDS All members appointed by the President of the Republic of the Philippines Except: representative from Senate and HR Secretary of Health permanent chairperson Vice-chairperson - elected by members; term 2 years

Philippine National AIDS Council (PNAC)

Reports
Annual reports on the activities and accomplishments of the
council Submitted to the President

Special HIV/AIDS Prevention and Control Services

Staffed with qualified medical specialists and support staff with
permanent appointment and supported with an adequate yearly budget

Appropriations
P20,000,000.00

The Revised Philippine HIV & AIDS Policy and Program Act of 2012
Recently approved by Congress
Further strengthen the Philippine National AIDS
Council

Aims the protection of human rights and civil

liberties of persons suspected or known infected