Title
Supreme Court
HIV Counseling and Testing Guidelines in PH
Law
Doh Administrative Order No. 2010-0028
Decision Date
Sep 27, 2010
The Department of Health establishes comprehensive policies and guidelines for HIV counseling and testing in community and health facility settings to ensure informed consent, confidentiality, and quality support for at-risk populations, thereby maintaining the country's low HIV prevalence rate.

Law Summary

Objectives of the Guidelines

  • General: Establish policies and guidelines for HIV counseling and testing in community and health facilities.
  • Specific:
    1. Define components and protocols for HIV counseling and testing.
    2. Set standards for HCT facilities.
    3. Clarify roles of DOH and stakeholders in guideline implementation.

Scope and Coverage

  • Applies to all STI and HIV service providers including coordinators, managers, clinics, and testing laboratories.
  • Encompasses facilities conducting HIV testing for diagnosis, surveillance, research, and blood safety.

Key Definitions

  • Blood Service Facility (BSF): Units providing blood transfusion/blood donor services.
  • Confirmatory Test: Test to verify reactive screening results.
  • DOH Retained Hospitals: Hospitals managed by DOH post-devolution.
  • Fourth AIDS Medium Term Plan: Five-year framework to maintain low HIV prevalence.
  • Informed Written Consent: Voluntary agreement based on full information.
  • Overseas Filipino Workers Clinics: Clinics conducting pre-employment medical exams.
  • Pre-donation Counseling: Risk assessment and consent in blood donor selection.
  • Reactive Sample: Blood sample reactive to HIV antigen/antibody in screening.
  • Screening Test: Initial HIV serological test detecting antibodies/antigens.
  • Social Hygiene Clinics: LGU clinics providing reproductive and STI services.
  • Treatment Hub: Hospitals with HIV/AIDS Core Teams offering comprehensive HIV care.
  • HIV Counseling and Testing (HCT): Voluntary counseling enabling informed HIV testing choice.
    • Pre-test counseling: Preparation and risk discussion.
    • Post-test counseling: Result explanation, coping, and referral.
  • HCT Facility: DOH-recognized facility offering HIV counseling and testing.

General Guidelines for HCT Facilities

  • Uphold counseling principles, informed consent, and confidentiality.
  • Facilities must be licensed and meet DOH standards.
  • Social Hygiene Clinics to regularly offer or refer HIV testing to at-risk clients.
  • DOH-licensed OFW clinics must provide pre- and post-test counseling as accreditation criteria.
  • Blood Service Facilities to assess donor risk behaviors and refer high-risk donors to HCT.
  • Treatment hubs and DOH-retained hospitals to provide HIV counseling/testing as part of their services.
  • Encourage private and LGU hospitals to establish HIV counseling/testing linked to hospital HIV/AIDS Core Teams.
  • Test results delivered only to tested persons with post-test counseling; exceptions allowed under law.

Specific Guidelines on HIV Counseling and Testing Procedures

  1. Pre-HIV Test Counseling
  • Client-Initiated Testing: Private, confidential counseling in individual or group; encourage confidant presence.

  • Same counselor recommended for pre- and post-test counseling.

  • Special considerations for children: maturity assessment and involvement of guardians or social workers.

  • Counselors ensure clients understand consent form and information.

  • Encourage follow-up counseling and referral utilization.

  • Counselors knowledgeable about voluntary blood donation.

  • Provider-Initiated Testing: Offered to clients in STI clinics, pregnant women with risk factors, MSM, PWID, diagnosed TB patients, patients with HIV-like symptoms, and parents of HIV-exposed children.

  • Must observe confidentiality, informed consent, and provide basic pre-test information.

  • Post-test counseling to all tested clients by trained personnel; emphasize prevention and support.

  • Enhance capacity of counselors and maintain functional referrals.

  1. HIV Testing Protocols
  • Only registered medical technologists trained in HIV testing using FDA-registered kits conduct HIV tests.
  • Reactive samples referred to SACCL (San Lazaro Hospital) for confirmatory testing.
  • Reactive blood donor samples referred to RITM for confirmatory testing.
  1. Release and Reporting of HIV Test Results
  • Reactive screening results not directly reported to clients without confirmatory testing.
  • Confirmatory test results released to referring facility, never directly to clients.
  • Confirmed positive cases reported to National Epidemiology Center.
  • BSF responsible for proper donor screening and counseling to minimize reactive samples.
  • Donor tracing for confirmed positive blood units is not recommended.
  • HIV service awareness and stigma reduction intensified where positive blood units found.
  1. Post-HIV Test Counseling
  • Provided with test results in private setting.
  • Preferably the same counselor who conducted pre-test counseling.
  • Information includes psychological, medical, and social support.
  • Special guidance for HIV-positive pregnant women on infant feeding choices per separate guidelines.

Requirements for Accreditation of HCT Facilities

  • Human Resources: Physicians and allied medical/social personnel trained in HIV counseling; registered medical technologist with HIV training.
  • HIV Test Kits: Only FDA-registered kits or approved alternative tests used.
  • Facilities without testing capacity must have formal linkage to DOH-accredited laboratories.
  • Space: Private room or designated area for confidential counseling.
  • Annual certification in National External Quality Assurance Program.

Roles and Responsibilities

  1. National Center for Disease Prevention and Control (NCDPC)
  • Advocate for establishment of HCT facilities targeting at-risk populations with LGUs and hospitals.
  • Conduct HIV/AIDS awareness campaigns including workplace information on counseling availability.

Funding Provisions

  • Infectious Disease Office (NCDPC) allocates budget for implementing guidelines, test kits, and staff training.
  • Other DOH offices and retained hospitals to financially support guideline implementation.

Repealing Clause

  • Prior inconsistent provisions are revoked.

Effectivity

  • The guidelines take effect immediately upon issuance.

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.