Law Summary
Declaration of Policies
- AIDS has no boundaries and no cure yet; the Act will continue guiding prevention and control.
- The State shall promote public awareness through nationwide education and campaigns.
- Protection of human rights and civil liberties of those suspected or known to have HIV is guaranteed.
- Compulsory HIV testing is unlawful except as otherwise provided.
- The right to privacy and non-discrimination against persons with HIV/AIDS are ensured.
- The State addresses conditions aggravating HIV spread (poverty, gender inequality, prostitution, drug abuse, ignorance).
- Emphasizes multi-sectoral involvement and empowerment through access to information.
Definition of Terms
- Defines key terms including AIDS, HIV, anonymous testing, compulsory testing, discrimination, health worker, condom, contact tracing, HIV status, informed consent, medical confidentiality, and other relevant terms.
HIV/AIDS Education and Information
- Education targeted towards students, health workers, employers, OFWs, tourists, communities, and high-risk groups.
- Purpose to empower individuals with timely, accurate, and relevant HIV/AIDS knowledge.
- Content must be accurate, clear, concise, appropriate, gender and culture sensitive, affirmative, non-moralistic, and non-pornographic.
- Multi-sectoral approach in developing HIV/AIDS education prototypes.
- Utilizes multi-media and distance education.
- Education delivered at individual to national levels, in formal, non-formal, and indigenous learning systems.
- Training for trainers and educators conducted annually.
- Mandatory HIV/AIDS education integration into school curricula.
- Workplace HIV/AIDS education required, monitored by DOLE and CSC.
- Pre-departure HIV/AIDS education for Filipinos going abroad.
- HIV/AIDS information campaigns for tourists and transients.
- Community HIV/AIDS education coordinated by LGUs.
- Prophylactics must be labeled with instructions and health messages.
- Misleading information is penalized.
Safe Practices and Procedures
- Universal Precautions to prevent HIV transmission in health care settings mandated.
- Hospitals to establish HIV/AIDS Core Teams (HACT) for care policy, coordination, and training.
- Only HIV-negative blood, tissues, or organs accepted for transfusion or transplantation.
- Standards for surgical and similar procedures established with specific manuals.
- Penalties for unsafe practices include imprisonment and administrative sanctions.
Testing, Screening, and Counseling
- Written informed consent required for HIV testing, except anonymous testing.
- Compulsory HIV testing strictly prohibited except by court order or for organ donation.
- Anonymous HIV testing procedures defined: unlinked and voluntary anonymous methods.
- HIV testing centers require DOH accreditation.
- Pre-test and post-test counseling mandatory, provided free of charge.
- DOH coordinates training and support for HIV testing personnel.
Health and Support Services
- Development of SOP Manual for hospital-based comprehensive care of PLWHAs.
- Community services involving LGUs, NGOs, and other sectors to support prevention and care.
- Livelihood and skills training programs for PLWHAs ensured.
- Control of sexually transmitted diseases pursued in coordination with relevant agencies.
- A task force to study insurance feasibility for PLWHAs to be established.
Monitoring
- Establishment of "AIDSWATCH" as HIV/AIDS monitoring and review program.
- Includes passive and active surveillance for cases and behavioral data.
- Mandatory reporting procedures for diagnosed cases.
- Contact tracing allowed but must maintain confidentiality and not be used to discriminate.
Confidentiality
- Medical confidentiality protects HIV status information.
- Exceptions only for court orders, AIDSWATCH reporting, or informing health workers directly involved.
- HIV test results released only to tested individuals or authorized persons.
- Violations of confidentiality punishable by imprisonment and administrative sanctions.
- PLWHAs obligated to disclose status to spouse or sexual partner with counseling assistance.
Discriminatory Acts and Policies
- Prohibition against discrimination from pre-employment to post-employment.
- Equal employment rights and benefits secured for PLWHAs.
- No discrimination in schools, travel, public service, credit and insurance, hospitals, or burial services.
- Penalties for discriminatory acts include imprisonment, fines, and revocation of licenses.
Philippine National AIDS Council (PNAC)
- Reconstituted as central advisory, planning, and policy body.
- Coordinates implementation of RA 8504 provisions across sectors.
- Composed of government secretaries, legislature representatives, NGOs, medical groups, and PLWHA representatives.
- Members appointed by the President or respective leaders.
- Holds quarterly meetings and submits annual consolidated reports.
- Supported by a Technical Committee and a Special HIV/AIDS Prevention and Control Service (SHAPCS) within DOH.
Miscellaneous Provisions
- IRR interpreted in light of the Constitution and RA 8504 policies.
- Severability clause ensures validity of the rest if any part found invalid.
- Repeals inconsistent laws.
- Allows amendments for effective implementation.
- IRR effective fifteen (15) days after submission to the Office of the National Administrative Register.