QuestionsQuestions (DOH Resolution NO. 1)
The IRR is adopted to disseminate the principles of RA 8504 and to prescribe guidelines, procedures, and standards for implementing the law, thereby facilitating compliance and achieving its objectives.
The State must provide full protection of human rights and civil liberties for persons suspected or known to have HIV/AIDS; compulsory HIV testing is considered unlawful unless otherwise provided in RA 8504; privacy is guaranteed; discrimination is inimical to individual and national interest; and basic health and social services must be assured.
It is an HIV test attended by lack of consent; lack of consent of the parent for minors or legal guardian for persons who are insane; or use of physical force, intimidation, or any other form of compulsion.
It is an HIV test where the identity is protected or not known. Unlinked anonymous testing protects identity by removing identifying data and testing without the subject’s knowledge for HIV antibodies. Voluntary anonymous testing is done for volunteers who have no identifying information except a code number that matches the test result with that code.
A written informed consent must be obtained from the individual being tested; or from the parent of a minor; or from the legal guardian of a mentally incapacitated person—except for unlinked and voluntary anonymous testing under Section 29.
It may be lifted upon a court order when the person is charged with certain crimes under the Revised Penal Code (Articles 264, 335, 337, 338), RA 7659 (as referenced re: rape when offender knows of AIDS), and RA 8353 (Anti-Rape Law of 1997 re: rape when offender knows of HIV/AIDS or transmissible STI). It is also allowed upon court order when HIV status is necessary to resolve issues under the Family Code (annulment/fraud due to transmissible sexually transmissible disease). It may also be allowed when complying with the Organ Donation Act (RA 7170) and National Blood Service Act (RA 7719).
HIV testing shall not be imposed as a precondition for employment, admission to an educational institution, exercise of freedom of abode, entry or continued stay in the country, right to travel, provision of medical service or any kind of service, and enjoyment of human rights and civil liberties including right to enter into marriage and conduct a normal family life.
It must include purpose of testing; other diseases that should be tested if applicable; window period; HIV testing procedure; meaning of negative and positive results; guarantees of confidentiality and risk-free disclosure; when results are available and who can receive them; basic information on HIV/AIDS (nature, transmission, risk behaviors and risk reduction); and informed consent and prohibition of compulsory testing under most circumstances.
It must include release of result to the test person or legal guardian of minor; assistance/emotional support; discussion of immediate concerns; review of meaning of positive result; review of transmission/risk reduction; explanation of importance of seeking care; referral arrangements to health care and community services and PLWHA organizations; and assistance with disclosure of HIV status to spouse or sexual partner as soon as possible.
It is the time usually lasting two (2) weeks to six (6) months during which an infected individual may test negative for HIV antibodies but can still transmit HIV.
No center, hospital, clinic, blood bank, laboratory, firm, corporation, or person shall perform HIV testing without accreditation by the DOH through the BRL in the OHFSR.
Key requirements include standard hygienic procedures (handwashing); following disinfection/sterilization guidelines; using gloves/impermeable dressings for skin injuries; covering blood spills with bleach (1:10) for 30 minutes then wiping with gloves; wearing gown/gloves/mask/protective eyewear during likely-contact procedures; safe disposal of needles in puncture-proof BIOHAZARD containers (no recapping, no bending by hand); safe handling/storage of reusable needles; careful handling of soiled linen with gloves/apron; and treating specimens as potentially infectious.
HACT is a multidisciplinary group in hospitals/appropriate health care facilities with functions related to diagnosis, management, care, training, research, and prevention/control of HIV/AIDS transmission. Its primary objectives include facilitating safe, comprehensive, compassionate care by properly trained personnel, mobilizing resources to minimize impact on patients and families, and coordinating efforts to prevent and control transmission.
The label must include: expiry and manufacture dates; statement that sexual abstinence and mutual fidelity are effective; statement that when used properly condom use is highly effective in preventing most STDs; instructions on proper condom use; a simple illustration of steps; advice against non-water-based lubricants; and advice that each condom is used only once, with specified format requirements (language, area size, font size, and one label per pack).
Misleading information includes false/deceptive advertisements or failure to reveal material facts including possible outcomes. It is also misleading if: benefits/use of non-prescription drugs/devices/treatments do not comply with BFAD indications/labeling; advertisements offer false hopes of cure/relief; or laboratory/statistical/scientific references come from doubtful sources or are quoted inaccurately. Violations are punishable by imprisonment of two (2) months to two (2) years, without prejudice to administrative sanctions and suspension/revocation of professional/business license.
For individuals: imprisonment of six (6) to twelve (12) years, without prejudice to administrative sanctions such as fines and/or suspension/revocation of professional license. For institutions/agencies: cancellation of permit/license or withdrawal of accreditation if they fail to maintain required safe practices/procedures.
AIDSWATCH is DOH’s comprehensive HIV/AIDS monitoring and review program. It integrates the NHSSS and AIDS Registry upon effectivity. It monitors magnitude, distribution, progression (including epidemics) and evaluates adequacy and efficacy of prevention/control measures, using passive and active surveillance (with passive reporting based on identification, confirmation, analysis, and dissemination).