MODULE 2 (RA 8504)

Republic Act No. 8504

Module 2

Philippine National AIDS Council


Session Objectives

At the end of the module, the participants should be able to:

understand the significance of the law in the campaign to halt the spread of the disease;

gain a better grasp of the key features of R.A. 8504; and

know the penalties imposed for prohibited acts.

Republic Act No. 8504

Complete Title 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


History and Development

▲ Dec. 3, 1992: Issuance of E.O. 39, which created the PNAC


▲ Feb. 13, 1998: Enactment of R.A. 8504

▲ April 13, 1999: Promulgation of the Implementing Rules and Regulations of R.A. 8504

Guiding Principles

♠ Acquired Immune Deficiency Syndrome (AIDS) is a disease that recognizes no territorial, social, political and economic boundaries, and has no known cure up to this day;


♠ The gravity of the AIDS threat demands strong state action.

♠ Promotion of public awareness thru a comprehensive nationwide educational & information campaign;


State Policies (1-2)

♠ Full protection of the human rights and civil liberties of every person suspected or known to be infected with HIV & AIDS;

State Policies (3-5)

♠ Promotion of utmost safety and universal precautions;


♠ Participation of affected individuals in the educational and information campaign.

♠ Positively addressing and seeking to eradicate conditions that aggravate the spread of HIV infection; and

Activity

♠ Elementary pupils should be provided with information on STI, HIV, and AIDS.

♠ All employers should provide all their employees and workers with information on STI, HIV & AIDS.

♠ PLHIVs cannot run for an elective position.

♠ All PLHIVs should be isolated.

♠ All deceased PLHIVs should be cremated immediately.


Activity♠ HIV status could be the basis for non-hiring of a prospective employee or the termination of an employee.

♠ The HIV status of a patient should be disclosed to all hospital staff.

♠ A medical personnel has the right to deny services to a PLHIV.

♠ It is the responsibility of the PLHIV to disclose his/her status to his/her partner.

♠ The government should provide condoms to prevent the spread of HIV.


Key Provisions of RA 8504


Article I ♠ Education and Information

Article II ♠ Safe Practices and Procedures

Article III ♠ Testing, Screening, and Counseling

Article IV ♠ Health and Support Services

Article V ♠ Monitoring

Article VI ♠ Confidentiality

Article VII ♠ Discriminatory Acts and Policies

Article VIII ♠ The PNAC

Article I : Education and Information

Who Needs to Know About HIV and AIDS?


♠ Parents, students, teachers, and school officials♠ Health practitioners, health workers, & personnel♠ Clients of health practitioners, health workers and personnel, whether in- patient or out-patient

Article I : Education and Information


♠ Employers and their employees, whether in the private or government sector

♠ Filipinos going abroad

♠ Tourists and transients

♠ Communities

♠ Those who have a relatively higher risk of acquiring or transmitting HIV

Venues for Information and Education


♣ Schools (public and private), training centers, non-formal and indigenous learning systems

♣ Hospitals, clinics, and other health institutions

♣ Workplace (private and public)

♣ Pre-Departure Orientation Seminar for Filipinos going overseas

♣ International ports of entry and exit

♣ Local communities

Information to be disseminated

● Definition of HIV and AIDS● Causes & Modes of Transmission● Consequences of Infection● Means of Prevention


Misleading Information

Spreading false and misleading information is punishable under

existing law.Philippine National AIDS Council

► Misleading or deceptive advertisement claiming temporary or permanent cure

► Promotional marketing of drugs, devices, agents, or procedures without approval from the Food and Drugs Administration

► Inaccurate lab data, statistics, and scientific data from doubtful sources

Universal Precaution


► It is the observation of general safety measures for the prevention of infection in the health care setting.

Article II: Safe practices & procedures


● Universal precaution should be practiced for surgery, dental work, embalming, tattooing, etc.

● Donated blood, tissue, and organs should be tested for HIV

Article III: Testing, screening, & counseling

♠ Compulsory HIV testing is STRICTLY PROHIBITED.


♠ HIV testing should be voluntary and with consent.

Exceptions to the Prohibition on Mandatory testing

a) Upon court order when the person is charged with any of the following crimes: administering injurious substances, rape, qualified seduction, and simple seduction


b) When complying with the provisions of R.A. No. 7170, or the “Organ Donation Act”

c) When complying with R.A. 7719, or the National Blood Services Act

Exceptions to the Prohibition on Mandatory testing

d) Upon court order when the determination of one’s HIV status is necessary to resolve relevant issues under the Family Code

(ex. Annulment of marriage on the ground of concealment of STI existing at the time of the marriage; or on the ground that one of the parties was afflicted with an STI found to be serious & apparently incurable)


Instances when consent is deemed to have been given

♠ A person volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion, transplantation, or research;


♠ A donation is executed in accordance with Section 4 of R.A. 7170 (Organ Donation Act)

HIV Counseling and Testing

♠ All testing centers are required to provide pre- and post-test counseling


♠ Only qualified personnel are allowed to provide pre- and post-test counseling

Persons Authorized to Receive Test Results

The person who was tested


The parent or legal guardian of a minor who was tested The legal guardian of an insane person

Persons Authorized to Receive Test Results


Person authorized to receive test results for the National AIDS Registry Justice of the Court of Appeals or the Supreme Court in cases falling under Sec. 17 of the law

Article IV:Health & Support Services

● Basic hospital-based services for PLHIVs


● Community-based prevention and care services for PLHIVs and MARPs

● Livelihood programs and trainings for all PLHIVs

● Prevention and control program for STI to help contain the spread of HIV infection

● Package of insurance benefits for PLHIVs

Article V: Monitoring

► To evaluate the adequacy and efficacy of countermeasures


Why do we have to monitor HIV and AIDS?

► To determine the magnitude and progression of HIV and AIDS in our country

Institutionalizing the National AIDS Registry


How do we monitor HIV and AIDS?

Reporting all cases in hospitals, clinics, laboratories and accredited testing centers

Ensuring the anonymity of those tested

Article VI: Medical Confidentiality


♠ When complying with requirements for monitoring procedures


Exceptions to the Obligation of Confidentiality

♠ When informing other health workers directly involved or about to be involved in the treatment or care of a PLHIV

♠ When responding to the formal process issued by the court with jurisdiction over a legal proceeding where the main issue is the HIV status of an individual

Article VII:Discriminatory Acts and Policies

Persons living with HIV and AIDS cannot be denied access to:

► Employment and livelihood► Admission in schools► Travel and habitation► Elective or appointive office► Credit and insurance► Health care► Decent burial services


PENALTIES


For Misleading Information:

► Imprisonment from 2 months to 2 years without prejudice to the imposition of administrative sanctions such as fines and suspension, or revocation of professional or business license

PENALTIES


For Unsafe Practices & Procedures

► Imprisonment for 6 to 12 years without prejudice to the imposition of administrative sanctions such as fines and suspension or revocation of professional license

► Cancellation or withdrawal of permit to operate business entity or accreditation of hospital, laboratory or clinic


For Violating Confidentiality

► Imprisonment for 6 months to 4 years without prejudice to the imposition of administrative sanctions such as fines and possible revocation of professional license

PENALTIES


For Discriminatory Acts

► Imprisonment for 6 months and a fine not exceeding P10,000

► Revocation of licenses or permits of schools, hospitals, and other institutions guilty of discrimination

PENALTIES

Article VIII: The PNAC

Function

The central advisory, planning and policy-making body for the comprehensive and integrated HIV & AIDS prevention and control program in the country


Membership & Composition

♦ 17 Government

Organizations (GOs)

♦ Representatives from 6 Non- Government Organizations (NGOs)

♦ Representatives from 2 Medical/Health Professional groups

♦ A representative of PLHIVs


Guided by the twin principles that HIV and AIDS can affect anyone and remains incurable & that the government should act to deal with the threat of an epidemic, R.A. 8504 is the policy backbone of all HIV and AIDS programs in the country.

In summary…


R.A. 8504 mandates the following: ► Strict prohibition on compulsory HIV testing► Strict medical confidentiality in the handling of medical records of PLHIVs or those who get tested for HIV► Prohibition on certain acts and policies that discriminate against PLHIVs & the imposition of corresponding penalties for violations► Eradication of conditions that fuel the spread of HIV► Monitoring of the epidemic to determine its magnitude & progression to inform the country response ► PNAC functions, jurisdiction & composition

In summary…


Ultimately, R.A. 8504 promotes and protects the rights of PLHIVs, lays down the mechanisms for & defines the roles of government & the general public in responding to the health threat.

In summary…

Thank you


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MODULE 2 (RA 8504)

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