Title
Regulation of HIV Testing Laboratories
Law
Doh Administrative Order No. 2005-0027
Decision Date
Aug 15, 2005
DOH Administrative Order No. 2005-0027 establishes regulations for HIV testing laboratories in the Philippines, requiring accreditation from the Department of Health to ensure safe and quality testing services.
A

Objective

  • To ensure utmost safety and quality in the performance of HIV testing by laboratories

Scope

  • Covers laboratory procedures relating to HIV antibody testing including:
    • Screening tests (EIA, Particle Agglutination, other tests)
    • Confirmatory tests (Western Blot, Immunofluorescence, RIPA, other supplemental tests)

Definitions

  • Applicant: Owner or head of laboratory or blood center applying for HIV testing operation
  • BFAD: Bureau of Food and Drugs
  • BHFS: Bureau of Health Facilities and Services, DOH regulatory authority for HIV testing labs
  • Blood Center: DOH-authorized facility with capabilities including donor recruitment, blood collection, processing, storage, and infectious marker testing
  • Confirmatory/Supplemental Test: Tests to confirm reactive screening results such as Western Blot, LIA, IF, PCR
  • DOH: Department of Health
  • EQAS: External Quality Assessment Scheme for monitoring laboratory performance
  • HIV: Human Immunodeficiency Virus
  • HIV Test Kit: Registered reagents for detecting HIV antibodies, antigen, genome or particles
  • HIV Testing: Detection of HIV infection through laboratory assays
  • NRL: National Reference Laboratories designated for confirmatory testing and quality assurance
  • Screening Test: Initial serological test for HIV antibody or antigen
  • Specimen: Biological sample submitted for HIV testing

General Policies and Guidelines

  • Only licensed clinical laboratories or blood centers designated by NVBSP can operate HIV testing labs
  • Operations must be included in the License to Operate
  • BHFS or CHD may conduct unannounced inspections
  • HIV testing unit must be part of an existing clinical laboratory or blood center
  • Medical Technologists must be HIV proficiency-certified, with workload governed by NRL guidelines

Specific Operational Requirements

  • Physical Plant: Adequate lab space, proper lighting, ventilation, water supply, decontamination area, and counseling facility
  • Personnel: Licensed Medical Technologist with NRL-certified HIV proficiency training; certificate must be displayed
  • Equipment and Supplies: Appropriate equipment and BFAD-registered HIV test kits (only BFAD-registered kits for blood donor screening)
  • Laboratory Reports:
    • Must include patient and test details, kit information, and signatures of analysts and lab heads
    • Maintain comprehensive records of tests, results, and referrals
    • Reactive samples must be referred to designated National Reference Laboratories
    • Quarterly reports of HIV testing and results must be submitted to DOH-National Epidemiology Center
  • External Quality Assessment Scheme (EQAS): Participation supervised by NRL-SACCL/SLH with certification following satisfactory proficiency

Procedural Guidelines for Accreditation

  • Submission requirements:
    1. Letter of intent for HIV testing services
    2. List of personnel with valid licenses and proficiency certificates
    3. Equipment list with specifications
    4. Current Certificate of EQAS participation (for renewal)
  • BHFS conducts on-site inspection
  • BHFS approves or disapproves application within 60 days; non-action considered approval
  • Approved labs get HIV testing added to their License to Operate

Violations

  • Making false statements on documents
  • Owner/manager convicted of criminal offenses related to laboratory operation
  • Use of unregistered HIV kits or issuing incomplete reports
  • Failure to submit reactive samples for confirmatory testing
  • Failure to report confirmed positive cases to DOH AIDS registry
  • Non-participation in authorized EQAS
  • Failure to submit quarterly reports
  • Refusal of BHFS/CHD monitoring visits
  • Any acts contrary to accepted clinical/blood center practices

Penalties

  • Subject to penalties under Clinical Laboratory Law (RA 4688), National Blood Services Act (RA 7719), Philippine AIDS Prevention and Control Act (RA 8504)
  • Sanctions may include suspension or revocation of license to operate

Appeal Process

  • Aggrieved parties may file appeals within 10 days to the Office of the Secretary
  • BHFS must submit necessary documents for review
  • Decision of the Secretary is final and executory

Separability Clause

  • Invalidity of any provision does not affect the validity of other provisions

Repealing Clause

  • Supersedes all previous inconsistent administrative orders

Effectivity

  • Effective 15 days after publication in a newspaper of general circulation

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