PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998

Republic of the Philippines
Congress of the Philippines
Metro Manila

Tenth Congress

 

Republic Act No. 8504             February 13, 1998

AN ACT PROMULGATING POLICIES AND PRESCRIBING MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS IN THE PHILIPPINES, INSTITUTING A NATIONWIDE HIV/AIDS INFORMATION AND EDUCATIONAL PROGRAM, ESTABLISHING A COMPREHENSIVE HIV/AIDS MONITORING SYSTEM, STRENGTHENING THE PHILIPPINE NATIONAL AIDS COUNCIL, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Title. – This Act shall be known as the "Philippine AIDS Prevention and Control Act of 1998."

Section 2. Declaration of policies. – Acquired Immune Deficiency Syndrome (AIDS) is a disease that recognizes no territorial, social, political and economic boundaries for which there is no known cure. The gravity of the AIDS threat demands strong State action today, thus:

(a) The State shall promote public awareness about the causes, modes of transmission, consequences, means of prevention and control of HIV/AIDS through a comprehensive nationwide educational and information campaign organized and conducted by the State. Such...

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Summary of the Philippine AIDS Prevention and Control Act of 1998

Declaration of Policies (Section 2):
- Promote public awareness on HIV/AIDS causes, transmission, consequences, prevention, and control
- Protect human rights and civil liberties of persons with HIV/AIDS
- Prohibit compulsory HIV testing except as provided by law
- Guarantee privacy of individuals with HIV
- Prohibit discrimination against persons with HIV
- Ensure provision of basic health and social services for persons with HIV
- Promote safety precautions to prevent HIV transmission
- Address conditions that aggravate HIV spread like poverty, gender inequality, prostitution, marginalization, drug abuse, and ignorance
- Utilize experiences of affected individuals in HIV/AIDS education

Education and Information (Sections 4-11):
- Integrate HIV/AIDS instruction in schools at all levels (Section 4)
- Provide HIV/AIDS information as part of health services (Section 5)
- Provide HIV/AIDS education in workplaces (Section 6)
- Provide HIV/AIDS education for Filipinos going abroad (Section 7)
- Provide HIV/AIDS information for tourists and transients (Section 8)
- Conduct HIV/AIDS education in communities (Section 9)
- Provide information on proper use and efficacy of prophylactics (Section 10)
- Penalize misleading information or false advertising related to HIV/AIDS (Section 11)

Safe Practices and Procedures (Sections 12-14):
- Require HIV testing for blood, tissue, or organ donations (Section 12)
- Issue guidelines on precautions against HIV transmission during medical procedures (Section 13)
- Penalize unsafe practices that cause HIV transmission (Section 14)

Testing, Screening, and Counseling (Sections 15-21):
- Prohibit compulsory HIV testing except in specific cases (Sections 15-17)
- Allow anonymous HIV testing (Section 18)
- Require accreditation of HIV testing centers (Section 19)
- Require pre-test and post-test counseling for HIV testing (Section 20)
- Support for HIV testing centers (Section 21)

Health and Support Services (Sections 22-26):
- Provide basic health services for persons with HIV/AIDS in government hospitals (Section 22)
- Provide community-based HIV/AIDS prevention and care services (Section 23)
- Provide livelihood programs and trainings for persons with HIV/AIDS (Section 24)
- Pursue prevention and control of sexually transmitted diseases (Section 25)
- Study feasibility of insurance coverage for persons with HIV (Section 26)

Monitoring (Sections 27-29):
- Establish a comprehensive HIV/AIDS monitoring program "AIDSWATCH" (Section 27)
- Require reporting procedures for HIV/AIDS cases while maintaining confidentiality (Section 28)
- Allow contact tracing for HIV/AIDS while maintaining confidentiality (Section 29)

Confidentiality (Sections 30-34):
- Require strict confidentiality in handling medical information of persons with HIV (Section 30)
- Specify exceptions to confidentiality requirement (Sections 31-32)
- Penalize violations of confidentiality (Section 33)
- Require disclosure of HIV status to sexual partners (Section 34)

Discriminatory Acts and Policies (Sections 35-42):
- Prohibit discrimination in the workplace based on HIV status (Section 35)
- Prohibit discrimination in schools based on HIV status (Section 36)
- Prohibit restrictions on travel and habitation based on HIV status (Section 37)
- Prohibit inhibition from public service based on HIV status (Section 38)
- Prohibit exclusion from credit and insurance services based on HIV status (Section 39)
- Prohibit denial of health care services based on HIV status (Section 40)
- Prohibit denial of burial services based on HIV status (Section 41)
- Penalize discriminatory acts and policies (Section 42)

Philippine National AIDS Council (Sections 43-48):
- Establish the Philippine National AIDS Council (PNAC) (Section 43)
- Define functions of PNAC (Section 44)
- Specify membership and composition of PNAC (Section 45)
- Require PNAC to submit annual reports (Section 46)
- Create a Special HIV/AIDS Prevention and Control Service in the Department of Health (Section 47)
- Appropriate an initial amount of ₱20,000,000 for implementation (Section 48)

Miscellaneous Provisions (Sections 49-52):
- Require issuance of implementing rules and regulations within 6 months (Section 49)
- Include separability clause (Section 50)
- Repeal inconsistent laws (Section 51)
- Specify effectivity date 15 days after publication (Section 52)