Republic Act 8504 and Salient Features Republic

Republic Act 8504 and Salient Features

Republic Act 8504 Complete Title An Act 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, and for other Purposes Short Title Philippine AIDS Prevention and Control Act of 1998

Background Executive Order No. 39, dated December 3, 1992, was issued by the President of the Philippines creating the Philippine National AIDS Council (PNAC) Consolation of Senate Bill 1818 and House Bill 10510 was passed by Congress on February 6, 1998 Republic Act 8504 was approved on February 13, 1998 PNAC Resolution No. 1 or Implementing Rules and Regulations of R. A. 8504 was promulgated on April 13, 1999

Policy Declarations AIDS recognizes no territorial, social, political, economic boundaries, has no known cure, the gravity of threat demands strong State action • • • 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

At a Glance R. A. 8504 IRR CONTENTS Rule 1 Title and Application Art. I Rule 2 Education and Information Art. II Rule 3 Safe Practices and Procedures Art. III Rule 4 Testing, Screening and Counseling Art. IV Rule 5 Health and Support Services Art. V Rule 6 Monitoring Art. VI Rule 7 Confidentiality Art. VII Rule 8 Discriminatory Acts and Policies Art. VIII Rule 9 The Philippine National AIDS Council Art. IX Rule 10 Miscellaneous Provisions

Education and Information Who needs to know about HIV and AIDS? Parents, students, teachers and school officials Health practitioners, health workers and personnel Clients of health practitioners, health workers and personnel, whether in-patient or out-patient Employers and their employees, whether in the private or government sector Filipinos going abroad Tourists and transients Communities Those with relatively higher risk of acquiring or transmitting HIV

Education and Information What information must be disseminated and learned? Definition of HIV and AIDS Causes and Modes of Transmission Consequences of Infection Means of Prevention Spreading false and misleading information is punishable by law.

Safe Practices and Procedures What are safe practices and procedures? Universal precautions should be practiced for surgery, dental work, embalming, tattooing, etc. Donated blood, tissue and organs should be tested for HIV Unsafe practices and procedures are punishable by law.

Screening, Testing, Counseling Compulsory HIV testing is not allowed under R. A. 8504. Counseling should be given before and after the test. Exceptions from Prohibition • • • Court order: Administering injurious substances, rape, qualified seduction, and simple seduction Court order: When determining HIV status is necessary to resolve relevant issues under Family Code Compliance with provisions of R. A. 7170 (Organ Donation Act) Consent is Deemed Given • • Voluntary donation of blood, organ, or tissue for transfusion, transplantation, or research Execution of legacy in accordance with R. A. 7170 (Organ Donation Act)

Screening, Testing, Counseling Who should receive the test results? The person who was tested The parent or legal guardian of a minor who was tested The legal guardian of an insane person Person authorized to receive results for National AIDS Registry Justice of Court of Appeals or Supreme Court in cases falling under Sec. 17 of R. A. 8504

Monitoring of HIV and AIDS Why do we have to monitor? Determine magnitude and progression of HIV and AIDS Evaluate adequacy and efficacy of countermeasures How do we monitor? Institutionalizing the National AIDS Registry Reporting of all cases in hospitals, clinics, laboratories and accredited testing centers Ensure the anonymity of those who are tested

Confidentiality Strict observance of confidentiality is required in handling medical information, identity and status of persons with HIV. Exceptions to the Obligation of Confidentiality • When complying with requirements for monitoring procedures • When informing other health workers directly involved or about to be involved in the treatment or care of a person living with HIV and AIDS • When responding to the formal process of subpoena duces tecum and subpoena ad testificandum

Discriminatory Acts & Policies Persons living with HIV cannot be denied access to: Employment and livelihood Admission in schools Travel and habitation Elective and appointive office Credit and insurance Health care Decent burial services

Penalties Misleading Information Imprisonment two months to two years Administrative sanctions such as fines and suspension, or revocation of professional or business license Unsafe Practices and Procedures Imprisonment six to 12 years 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

Penalties Violating Confidentiality • Imprisonment six months to four years • Administrative sanctions such as fines 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

Philippine National AIDS Council PNAC is the central advisory, planning, policy-making body for comprehensive integrated AIDS prevention and control. 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

Philippine National AIDS Council Secretary, DOH (Chair) Secretary, Dep. Ed Chairperson, CHED Director-General, TESDA Secretary, DOLE Secretary, DSWD Secretary, DILG Secretary, DOJ Director-General, NEDA Secretary, DOT Secretary, DBM Secretary, DFA Head, PIA President, League of Provinces President, League of Cities Chair, Senate Cmte. on Health Chair, House Cmte. on Health Two representatives from organizations of medical/health professionals Six representatives from NGOs involved in prevention and control efforts Representative of organization of persons with HIV/AIDS