Republic Act 8504

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Republic Act 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
• Short Title
Philippine AIDS Prevention and Control Act of 1998
Background
• Executive Order No. 39, dated December 3, 1992, was
issued by the President of the Philippines creating the
Philippine National AIDS Council (PNAC)
• Consolation of Senate Bill 1818 and House Bill 10510
was passed by Congress on February 6, 1998
• Republic Act 8504 was approved on February 13, 1998
• PNAC Resolution No. 1 or Implementing Rules and
Regulations of R.A. 8504 was promulgated on April 13,
1999
Policy Declarations
AIDS recognizes no territorial, social, political, economic boundaries,
has no known cure, the gravity of threat demands strong State action
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Public awareness through comprehensive nationwide educational
and information campaign
Full protection of the human rights and civil liberties of every
person suspected or known to be infected with HIV and AIDS
Safety and universal precautions in practices and procedures that
carry risk of HIV transmission
Positively address and seek to eradicate conditions that aggravate
the spread of HIV infection
Participation of affected individuals in propagating vital
information and educational messages about HIV/AIDS
At a Glance
R.A. 8504
IRR
CONTENTS
Rule 1
Title and Application
Art. I
Rule 2
Education and Information
Art. II
Rule 3
Safe Practices and Procedures
Art. III
Rule 4
Testing, Screening and Counseling
Art. IV
Rule 5
Health and Support Services
Art. V
Rule 6
Monitoring
Art. VI
Rule 7
Confidentiality
Art. VII
Rule 8
Discriminatory Acts and Policies
Art. VIII
Rule 9
The Philippine National AIDS Council
Art. IX
Rule 10
Miscellaneous Provisions
Education and Information
Who needs to know about HIV and AIDS?
• Parents, students, teachers and school officials
• Health practitioners, health workers and personnel
• Clients of health practitioners, health workers and personnel,
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whether in-patient or out-patient
Employers and their employees, whether in the private or
government sector
Filipinos going abroad
Tourists and transients
Communities
Those with relatively higher risk of acquiring or transmitting HIV
Education and Information
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What information must be disseminated and learned?
Definition of HIV and AIDS
Causes and Modes of Transmission
Consequences of Infection
Means of Prevention
Spreading false and misleading information is punishable by law.
Safe Practices and Procedures
What are safe practices and procedures?
• Universal precautions should be practiced for surgery,
dental work, embalming, tattooing, etc.
• Donated blood, tissue and organs should be tested for
HIV
Unsafe practices and procedures are punishable by law.
Screening, Testing, Counseling
Compulsory HIV testing is not allowed under R.A. 8504.
Counseling should be given before and after the test.
Exceptions from Prohibition
Consent is Deemed Given
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Court
order:
Administering
injurious
substances,
rape,
qualified seduction, and simple
seduction
Court order: When determining
HIV status is necessary to resolve
relevant issues under Family Code
Compliance with provisions of R.A.
7170 (Organ Donation Act)
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Voluntary donation of blood,
organ, or tissue for transfusion,
transplantation, or research
Execution of legacy in accordance
with R.A. 7170 (Organ Donation
Act)
Screening, Testing, Counseling
Who should receive the test results?
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The person who was tested
The parent or legal guardian of a minor who was tested
The legal guardian of an insane person
Person authorized to receive results for National AIDS Registry
Justice of Court of Appeals or Supreme Court in cases falling under
Sec. 17 of R.A. 8504
Monitoring of HIV and AIDS
Why do we have to monitor?
Determine magnitude and progression of HIV and AIDS
• Evaluate adequacy and efficacy of countermeasures
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How do we monitor?
Institutionalizing the National AIDS Registry
• Reporting of all cases in hospitals, clinics, laboratories and
accredited testing centers
• Ensure the anonymity of those who are tested
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Confidentiality
Strict observance of confidentiality is required in handling
medical information, identity and status of persons with HIV.
Exceptions to the Obligation of Confidentiality
• When complying with requirements for monitoring procedures
• When informing other health workers directly involved or about to
be involved in the treatment or care of a person living with HIV
and AIDS
• When responding to the formal process of subpoena duces tecum
and subpoena ad testificandum
Discriminatory Acts & Policies
Persons living with HIV cannot be denied access to:
• Employment and livelihood
• Admission in schools
• Travel and habitation
• Elective and appointive office
• Credit and insurance
• Health care
• Decent burial services
Penalties
Misleading Information
Imprisonment two months to two years
• Administrative sanctions such as fines and suspension, or
revocation of professional or business license
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Unsafe Practices and Procedures
Imprisonment six to 12 years
• 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
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Penalties
Violating Confidentiality
• Imprisonment six months to four years
• Administrative sanctions such as fines and possible suspension or
revocation of professional license
Discriminatory Acts
• Imprisonment for six months
• Fines not exceeding ten thousand pesos
• Revocation of licenses or permits of schools, hospitals, and other
institutions guilty of discrimination
Philippine National AIDS Council
PNAC is the central advisory, planning, policy-making body for
comprehensive integrated AIDS prevention and control.
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Secure recommendations, ensure coverage in information and
education, monitoring, guidelines in medical and other practices and
procedures, health and support services, testing and counseling,
protection of rights, observance of confidentiality
Monitor the IRR, issue or cause issuance of orders, or recommend
Develop and monitor comprehensive, long-term program
Coordinate and strengthen working relationships of government and
non-government agencies
Coordinate and cooperate with foreign and international
organizations
Evaluate adequacy and recommend on utilization of resources
Philippine National AIDS Council
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Secretary, DOH (Chair)
Secretary, DepEd
Chairperson, CHED
Director-General, TESDA
Secretary, DOLE
Secretary, DSWD
Secretary, DILG
Secretary, DOJ
Director-General, NEDA
Secretary, DOT
Secretary, DBM
Secretary, DFA
Head, PIA
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President, League of Provinces
President, League of Cities
Chair, Senate Cmte. on Health
Chair, House Cmte. on Health
Two representatives from
organizations of medical/health
professionals
Six representatives from NGOs
involved in prevention and
control efforts
Representative of organization
of persons with HIV/AIDS
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