R.A.

8504 Philippine AIDS Prevention and Control Act of 1998

OBJECTIVES: At the end of the module, the participants should be able

to:

1. UNDERSTAND the significance of the law in the campaign to spread

of the disease
2. GAIN a BETTER GRASP of the key features of R.A. 8504 and
3. KNOW the penalties imposed for prohibited acts

PRELIMINARIES:

1984= countrys first HIV and AIDS were reported

1992= FVR issued E.O 39 creating the PNAC (Philippine National AIDS
Council)

Feb. 13, 1998= RA 8504 was signed into law

2 PRINCIPLES that guided the enactment of the law:

1. That HIV and AIDS can affect anyone and remains INCURABLE
2. That the government should act to counter the threat of an epidemic

5 STATE POLICIES

1. Conduct of public awareness and education campaigns

2. Promotion of universal safety precautions to prevent transmission in
hospital and other work settings
3. Protection of the rights of people living with HIV
4. The eradication of conditions that fuel the spread of HIV; &
5. Enjoining affected individuals to take an active part in related
programs and activities

R.A. 8504 consists of 8 key sections:

1) ARTICLE 1 (EDUCATION & INFORMATION)- focuses on

who should know about HIV and AIDS,
what settings are the best venues for disseminating information
on the disease; and
what kind of information can be disseminated
It also prohibits the dissemination of certain MISLEADING
information
2) ARTICLE II (SAFE PRACTICES & PROCEDURES)- designed to
Prevent HIV transmission in the health care setting through
standardized practices such as the observation of general
safety measures- or universal precaution- for surgery, dental
work, embalming, and tattooing, among others;
And the testing for HIV of donated blood, tissue and organs

3) ARTICLE III (TESTING, SCREENING & COUNSELING)

Seeks to prevent the stigmatization of and discrimination
against PLHIVs in the workplace and other settings through the
strict prohibition of compulsory HIV testing
Mandates that HIV testing can only be undertaken on a
VOLUNTARY BASIS and with WRITTEN INFORMED CONSENT
Pre-and Post-test counseling is also mandatory for those who
volunteer to be tested.
Also provides exceptions to the BAN on compulsory testing,
situations where consent for the testing of blood and organ is
deemed to have been given, the establishments that must
provide pre-and post-counseling and which individuals can
provide such services, and-
For purposes of safeguarding CONFIDENTIALITY of information-
those who are authorized to receive HIV test results

4) ARTICLE IV (HEALTH & SUPPORT SERVICES)

Requires the provision of services and benefits for persons
living with HIV and AIDS, and what government must do to
respond to the epidemic
These include basic hospital-based services to PLHIVs,
community-based prevention and care-services for PLHIVs and
MARPs, livelihood programs and trainings for all PLHIVs,
prevention and control for STIs to help contain the spread of HI
infection, and if warranted- insurance coverage for PLHIVs

5) ARTICLE V (MONITORING)
Provides for a mechanism by which the epidemic can be
tracked to determine its magnitude and progression and enable
the government to ascertain whether the country response is
adequate and effective
 Such mechanism is characterized by the institutionalization of
the National AIDS Registry
The reporting of all cases in hospitals, clinics, laboratories, and
accredited testing centers; and guaranteeing the confidentiality
of the identity of those who are tested
It also defines the flow of information within the monitoring
system- from the establishments authorized to report new HIV
cases to the National Epidemiological Center, which runs the
National AIDS Registry- and how such information is handled.

6) ARTICLE VI (CONFIDENTIALITY)
Mandates the strict observance of medical confidentiality by all
health practitioners and hospital staff in handling the medical
records of PLHIVs or those who undergo HIV testing
This requirement- which also applies to co-workers, employers,
recruitment agencies, insurance companies, date encoders,
and other record custodians- is designed to prevent the
stigmatization of PLHIVs.
Exceptions to the medical confidentiality clause are likewise
provided

7) ARTICLE VII (DISCRIMINATORY ACTS & POLICIES)

Is designed to protect PLHIVs from stigma and discrimination by
prohibiting denial to PLHIVs of access to employment and
livelihood, admission in schools, travel and habitation,
appointive office, credit and insurance, health care and decent
burial services
This article identifies 4 PROHIBITED ACTS
A. Dissemination and use of misleading information
B. Unsafe practices and procedures
C. Violation of medical confidentiality; &
D. Discriminatory acts- and their corresponding penalties

8) ARTICLE VIII (THE PNAC)

Defines the KEY ROLE of the PNAC and entrusts it with the
responsibility of leading the country response to the HIV and
AIDS challenge.
Also mandates the membership and composition of the Council

SUMMARY:
This module is designed to FOSTER UNDERSTANDING of the
significance of the Philippine AIDS Prevention and Control Act to the
overall effort to combat the disease and its attendant problems.

ARTICLE I- EDUCATION & INFORMATION

WHO NEEDS TO KNOW ABOUT HIV & AIDS?

1. Parents, students, teachers, and school officials

2. Health Practitioners, Health Workers & Personnel
3. Clients of health practitioners, health workers and personnel,
whether in-patient or out-patient
4. Employers and their employees, whether in the private or
government sector
5. Filipinos going abroad
6. Tourists and transients
7. Communities
8. Those who have relatively higher risk of acquiring or transmitting
HIV

WHERE CAN INFORMATION & EDUCATION BE BEST

DISSEMINATED?

1. Schools (public and private), training centers, non-formal and

indigenous learning systems
2. Hospitals, clinics, and other health institution
3. Workplace (private and public)
4. Pre-departure Orientation Seminar for Filipinos going overseas
5. International ports of entry and exit
6. Local Communities

OTHER VENUES may include:

a. Commonly used modes of transportation

b. Passenger terminals for buses, ferried, ships, and planes
c. Travel Agencies, resorts, and other tourist spots; and
d. Restaurants and Hotels

WHAT KIND OF INFORMATION MUST BE DISSEMINATED &

LEARNED?
 Definition of HIV & AIDS
Causes & Modes of Transmission
Consequences of Infection
Means of Prevention

NOTE: To safeguard the public, the law PROHIBITS the dissemination and
use of MISLEADING information.

MISLEADING INFORMATION:

Misleading or deceptive advertisement which claims a temporary or

permanent cure;
Promotional marketing of drugs, devices, agents, or procedures
without approval from the Food and Drugs Administration (FDA); and
Inaccurate lab data, statistics, and scientific data from doubtful
sources (ex: claims that condom use is NOT an effective prevention
method for HIV)

ARTICLE II- SAFE PRACTICES & PROCEDURES

UNIVERSAL PRECAUTION-

It is the observation of general safety measures for the prevention of

infection in the health care setting
Should be practiced for surgery, dental work, embalming, tattooing,
etc
Donated blood tissue and organs should be tested for HIV

ARTICLE III- TESTING, SCREENING & COUNSELING

R.A. 8504 strictly prohibits COMPULSORY HIV Testing
HIV testing should be:
1. VOLUNTARY and
2. With WRITTEN INFORMED CONSENT

All individuals who volunteer to be tested should be given

COUNSELING BEFORE and AFTER the test

EXCEPTIONS TO THE PROHIBITION ON MANDATORY TESTING:

 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".

NOTE: Testing donated blood, tissue, and organs is also an

EXCEPTION from the prohibition on compulsory testing

INSTANCES WHEN CONSENT IS DEEMED TO HAVE BEEN

GIVEN:
1. A person volunteers or freely agrees to donate his/ her blood,
organ, or tissue for transfusion, transplantation, or research
2. A donation is executed in accordance with Section 4 of R.A. 7170
(Organ Donation Act)

HIV COUNSELING & TESTING

All testing centers are required to provide PRE & POST-TEST
Counseling
Only qualified personnel are allowed to provide PRE & POST-
TEST Counseling

WHO SHOULD RECEIVE THE RESULT?

To safeguard the confidentiality of the results, ONLY persons
who were tested would be given the result. Exceptions are:
1. If the person is a MINOR, below 18 years of age
2. If the person is MENTALLY impaired

NOTE: An authorized person from the AIDS Registry may also

receive the results for monitoring purposes, as well as Court Justices
for the resolution of legal cases.

ARTICLE IV- HEALTH & SUPPORT SERVICES

ARTICLE V- MONITORING
ARTICLE VI- CONFIDENTIALITY
 ALL health practitioners and hospital staff must observe
STRICT MEDICAL CONFIDENTIALITY in handing the medical
records of PLHIVs or those who undergo HIV Testing

NOTE: This clause also applies to

Co-workers
Employers
Recruitment agencies
Insurance Companies
Data encoders &
Other Record Custodians

EXCEPTIONS to the MEDICAL CONFIDENTIONALITY CLAUSE as

follows:
1. When complying with monitoring requirements;
2. When informing other health care providers already involved or
about to be involved in the treatment of PLHIVs; and
3. When complying with Court Orders

ARTICLE VII- DISCRIMINATORY ACTS & POLICIES

Persons living with HIV and AIDS should not be denied access to:

Employment and livelihood

Admission in schools

PENALTIES FOR PROHIBITED ACTS:

The law imposes certain acts and imposes criminal penalties for their
commission. The following are the prohibited acts under R.A. 8504:

1. Dissemination and use of misleading information;

2. Unsafe practices and procedures
3. Violation of medical confidentiality
4. Discriminatory Acts

PENALTIES:
FOR MISLEADING INFORMATION:
Imprisonment for 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.
 FOR UNSAFE PRACTICES & PROCEDURES:
Imprisonment for 6 to 12 years without prejudice to the imposition
of administrative sanctions such as fines and suspension or
revocation of professional license
Cancellation or withdrawal of permit to operate business entity or
accreditation of hospital, laboratory or clinic

FOR VIOLATING CONFIDENTIALITY:

Imprisonment for 6 months to 4 years without prejudice to the
imposition of administrative sanctions such as fines and possible
revocation of professional license

FOR DISCRIMINATORY ACTS:

Imprisonment for 6 months and a fine not exceeding 10,000.00
Revocation of license or permits of school, hospitals, and other
institutions guilty of discrimination

TO REMEMBER:

o Persons who receive the information are DUTY BOUND to

OBSERVE the MEDICAL CONFIDENTIALITY CLAUSE.
o They are NOT ALLOWED to divulge the status of the individual to
other persons who are NOT involved in the medical or legal case
of the PLHIV.
o In case of violation, they can be held LEGALLY RESPONSIBLE.

ARTICLE VII- THE PNAC

PNAC is mandated to take the lead in directing the courses of
action on all matters relating to HIV & AIDS

FUNCTION: The central advisory, planning and policy-making

body for the comprehensive and integrated HIV & AIDS prevention
and control program in the country.

QUESTIONS:

CAN A FUNERAL VIEWING BE HELD FOR A DECEASED PLHIV?

Under the Sanitation Code, a deceased PLHIV must be buried 12
hours after death. However, the Implementing Rules and
Regulations of R.A. 8504 stipulate that the deceased PLHIV should
be buried 24 hours after death.
 If Mandatory testing is not allowed, why are OFWs required to
undergo HIV testing?
OFWs undergo HIV Testing, as required by their foreign employers