Law Summary
Definitions of Key Terms
- Comprehensive definitions provided including HIV, AIDS, ART, PLHIV, key populations, and legal concepts like confidentiality, informed consent, and mature minor doctrine.
- Defined discriminatory acts, stigma, bullying, and prevention concepts.
- Clarified various medical, social, and legal terminologies related to HIV and AIDS.
Philippine National AIDS Council (PNAC)
- Reconstituted as an agency attached to the DOH with its own Secretariat and budget.
- Key functions include developing and implementing the AIDS Medium Term Plan (AMTP), coordinating multi-sectoral efforts, monitoring progress, mobilizing funds, and policy advocacy.
- Membership comprises government agencies, CSOs, representatives of PLHIV, and experts.
- PNAC meets quarterly, with the Secretary of Health as Chairperson.
- Secretariat headed by an Executive Director to manage day-to-day affairs and technical support.
AIDS Medium Term Plan (AMTP)
- Six-year strategic plan guiding national HIV response.
- Sets targets, strategies, operational frameworks, agency roles, and budget.
Role of Department of Health (DOH)
- Coordinates health sector HIV response through NASPCP.
- Responsible for comprehensive HIV monitoring and evaluation with data confidentiality.
Protection of Human Rights
- HIV-related services anchored on human rights and dignity.
- Coordination among PNAC, DOJ, CHR, and CSOs to ensure non-discrimination and redress mechanisms for PLHIV.
Information, Education, and Communication
- Prevention programs focus on public education to reduce risky behavior and promote human rights.
- Integration of HIV education in curricula across all learning institutions, including support and referral mechanisms.
- Seminars for parents and guardians on HIV education.
- Recognition of HIV education as part of the right to health and integral to health services.
- Workplace education for all sectors including the military and police, implemented by relevant agencies.
- Mandatory pre-assignment HIV seminars for Filipinos going abroad.
- Information dissemination at ports for tourists.
- Locally based community HIV education supported by LGUs and GAD funds.
- Targeted education for key populations with PNAC and CSO collaboration.
- Labeling requirements for prophylactics and prohibition of misinformation on HIV/AIDS.
Preventive Measures, Safe Practices and Procedures
- Rights-based behavior modification programs and partner notification.
- Standard precautions in health settings.
- Access to ART and management of opportunistic infections.
- Mobilization for stigma reduction.
- Non-discrimination enforced in program implementation.
- Specific interventions for key populations handled by DOH and DILG without police interference.
- Prevention of mother-to-child HIV transmission included in maternal and child health services.
- Strict guidelines on donation of blood, tissue, and organs including HIV screening.
- DOH issues medical protocols on handling PLHIV and prevention of transmission during procedures.
Screening, Testing, and Counseling
- State encourages voluntary HIV testing with written informed consent.
- Consents adapted to persons aged 15 and above, including mature minor provisions ensuring voluntary testing.
- Compulsory testing limited to specific legal and medical circumstances.
- DOH to accredit testing facilities and counselors and establish testing guidelines ensuring confidentiality and counseling.
- Routine provider-initiated testing is integrated into clinical care.
- Pregnant women offered provider-initiated HIV testing.
Health and Support Services
- Free and accessible ART and treatment hubs designated by DOH.
- Programs ensuring medical access for indigent PLHIV.
- Economic empowerment policies developed to prevent deprivation from employment or financial services based on HIV status.
- Social care programs including peer counseling and support for PLHIV and their families.
- Specific support programs for overseas workers living with HIV.
- Care for affected families and children including education and treatment.
- Comprehensive HIV programs in prisons emphasizing continuity of care and confidentiality.
- Protection of HIV service providers from harassment.
- PhilHealth to develop benefit packages for PLHIV and ensure confidentiality; prohibition against insurance denial based on HIV status.
- Continuous monitoring and evaluation of HIV situation mandated.
Confidentiality
- Absolute confidentiality of HIV status and related medical information guaranteed.
- Unauthorized disclosure prohibited, including media dissemination, without consent except for specific legal exceptions.
- Disclosure protocols for test results respecting age and mental capacity.
- Encouragement and support for PLHIV to disclose status to partners while maintaining confidentiality.
- Employers and officials tasked with preventing discrimination and providing complaint mechanisms.
Discriminatory Acts and Penalties
- Prohibited discriminatory acts include workplace, educational, travel, shelter, public office, credit, health services, burial, bullying, and analogous discrimination based on HIV status.
- Penalties range from fines to imprisonment depending on the violation, including harsher penalties for misinformation dissemination and breaches of confidentiality.
- Protection for HIV educators and service providers reaffirmed with legal sanctions for harassment.
- Provisions ensure administrative sanctions for offending entities and individuals.
- Collected penalties to be used for addressing gaps in the national HIV response.
Appropriations and Implementation
- Initial funding charged to the DOH with ongoing appropriations under the General Appropriations Act.
- Separate and protected budget for PNAC operations.
- Funds for treatment centers from sin tax revenues.
- Personnel designated for PNAC Secretariat absorbed permanently.
- PNAC tasked to promulgate implementing rules within 90 days.
- Repeal of RA 8504 and related inconsistent laws.
- Separability clause ensures valid provisions remain effective if parts declared unconstitutional.
- Effectivity fifteen days after publication.