Law Summary
Definition of Terms
- Clear definitions provided for AIDS, HIV, HIV testing types (anonymous, voluntary, compulsory), HIV-positive/-negative status, high-risk behaviors, informed consent, medical confidentiality, counseling types, prophylactics, and more.
HIV/AIDS Education in Schools
- Department of Education, CHED, and TESDA shall integrate HIV/AIDS education in public/private schools from intermediate to tertiary levels.
- Special modules on HIV/AIDS prevention if integration is not feasible.
- Education must not promote birth control or use sexually explicit materials.
- Parental consultation and consent are required for instruction to minors.
- Teachers must undergo HIV/AIDS prevention training before teaching the subject.
HIV/AIDS Education as Health Service
- HIV/AIDS education shall be part of health services.
- Public and private health workers must be trained on proper HIV/AIDS information dissemination.
- Training covers ethical issues including confidentiality and informed consent.
HIV/AIDS Education in the Workplace
- All employees including government, private sector, AFP, and PNP to receive standardized HIV/AIDS information including confidentiality and workplace attitude.
- Department of Labor and Employment oversees private sector education; AFP and PNP leadership oversee their organizations.
HIV/AIDS Education for Overseas Filipinos
- All overseas Filipino workers and officials assigned abroad must attend seminars on HIV/AIDS before overseas deployment.
- Multiple government agencies coordinate implementation.
Information Campaign for Tourists and Transients
- HIV/AIDS informational materials must be provided at international entry and exit points.
Community Education
- Local government units, in collaboration with DOH and other agencies, must conduct HIV/AIDS education campaigns.
- Coordination with NGOs and church groups is required.
Information on Prophylactics
- Every prophylactic offered must include information printed in English and Filipino about proper use, efficacy, and importance of abstinence and fidelity.
Penalties for Misinformation
- False or misleading HIV/AIDS information in advertising or promotional marketing without DOH approval is punishable by imprisonment (2 months to 2 years) and administrative sanctions.
Safe Donation Requirements
- Blood, tissue, or organ donation must be tested negative for HIV before acceptance.
- HIV (+) donations may only be used for research and disposed of properly.
Guidelines on Surgical and Related Procedures
- DOH shall issue guidelines on precautions against HIV transmission for medical and related procedures.
- Protective equipment must be available at all times to healthcare workers.
Penalties for Unsafe Practices
- Professionals causing HIV infection by unsafe practices face imprisonment (6 to 12 years) and administrative sanctions.
- Business permits and accreditations may be revoked for non-compliance.
HIV Testing Consent and Prohibitions
- HIV testing must be voluntary with written informed consent; consent from guardians for minors or incapacitated.
- Testing donors has specific consent rules.
- Compulsory testing is prohibited for employment, education, travel, medical or other services.
Exceptions to Compulsory Testing Prohibition
- Allowed only in cases of specific crimes, family law issues, or compliance with organ donation and blood services laws.
Anonymous HIV Testing
- State shall provide mechanisms for anonymous testing maintaining confidentiality.
Accreditation and Counselling
- HIV testing centers must be DOH accredited.
- Free pre-test and post-test counseling is mandatory by qualified counselors.
Support to HIV Testing Centers
- DOH must enhance capabilities of testing centers and train personnel.
Health and Support Services
- Basic health services must be provided to persons with HIV/AIDS in government hospitals.
- Community-based prevention and care services must be provided by LGUs.
- Livelihood and cooperative programs must be accessible to persons with HIV/AIDS.
- Control of sexually transmitted diseases to aid HIV containment.
- Study on insurance coverage feasibility for persons with HIV.
HIV/AIDS Monitoring Program
- The Department of Health shall establish AIDSWATCH to monitor HIV/AIDS magnitude and progress.
- Reporting of medical data and confidentiality ensured.
- Contact tracing allowed for public health monitoring only with confidentiality protected.
Medical Confidentiality
- Strict confidentiality mandated for all medical personnel and entities handling HIV-related information.
- Exceptions include reporting to AIDSWATCH, informing involved health workers, and court-ordered disclosures under strict conditions.
Release of Test Results
- Only the patient, parents/guardians, authorized persons, or courts may receive test results.
Penalties for Breach of Confidentiality
- Violators face imprisonment (6 months to 4 years) and administrative sanctions including license revocation.
Obligation to Disclose to Sexual Partners
- Persons with HIV must disclose their status to spouses or sexual partners at earliest opportunity.
Prohibition of Discrimination
- No discrimination based on actual, perceived, or suspected HIV status in employment, education, travel, public service, credit/insurance, healthcare, or burial services.
- Termination from employment solely due to HIV status is unlawful.
- Rights to travel, public office, and burial are protected.
- Violations punishable by imprisonment (6 months to 4 years), fines, and revocation of licenses/permits.
Philippine National AIDS Council (PNAC)
- Reconstituted council attached to DOH to oversee HIV/AIDS programs.
- Advisory, planning, policy-making, and coordinating functions including rule-making and monitoring.
- Composition includes government officials, legislators, medical professionals, NGOs, and persons with HIV.
- Council members appointed by President or legislative leaders; council has Chairperson and Vice-Chairperson.
- Required to submit annual reports to Congress and President.
Special HIV/AIDS Prevention and Control Service
- Created within DOH to implement HIV/AIDS programs and serve as PNAC secretariat.
- Staffed with qualified specialists and supported with adequate budget.
Appropriations
- Initial appropriation of Twenty million pesos with subsequent funding in the annual DOH budget.
Implementing Rules and Miscellaneous Provisions
- PNAC tasked to issue implementing rules within six months.
- Separability, repealing, and effectivity clauses included.
- Effectivity is fifteen days after publication.