A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
theChan Robles Virtual Law Library
This page features the full text of the
Implementing
Rules and Regulations on STD/HIV/AIDS
[Republic Act No. 8504]
"Philippine
AIDS Prevention and Control Act of 1998"
Republic
of the Philippines
PHILIPPINE
NATIONAL AIDS COUNCIL
Manila
RESOLUTION
NO. 1
WHEREAS,
Republic Act 8504 otherwise known as the "Philippine AIDS
Prevention
and Control Act of 1998" was signed into Law by the President of
the
Republic of the Philippines on February 13, 1998.chanrobles virtual law librarychanrobles virtual law library
WHEREAS,
The Philippine National AIDS Council, a multi-sectoral, central
advisory,
planning and policy making body is mandated by Law to oversee a
comprehensive
and integrated HIV/AIDS prevention and control program in the
Philippines
whose members were sworn into office by the President of the Republic
of
the Philippines on April 6, 1999.chanrobles virtual law library
WHEREAS,
Article IX, Section 49 of Republic Act 8504 states that within six (6)
months after it is fully reconstituted, The Philippine National AIDS
Council
is mandated to formulate and issue the appropriate rules and
regulations
necessary for the implementation of Republic Act 8504
BE IT
RESOLVED
AS IT IS HEREBY RESOLVED, that We, The Members of the Philippine
National
AIDS Council do hereby order and issue the following Implementing Rules
and Regulations.chanrobles virtual law library
SUBJECT:
Rules and Regulations Implementing Republic Act No. 8504 otherwise
known
as the "Philippine AIDS Prevention and Control Act of 1998".chanrobles virtual law library
Pursuant
to Section 49 of Republic Act No. 8504, otherwise known as the
Philippine
AIDS Prevention and Control Act of 1998, the following Implementing
Rules
and Regulations are hereby adopted.chanrobles virtual law library
RULE 1
TITLE AND
APPLICATION
Section
1.
Title
This
Administrative Order shall be known as the "Rules and Regulations
Implementing
the PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998 (RA 8504)".chanrobles virtual law library
Sec. 2. Purpose
These
Implementing Rules and Regulations (IRR) are adopted to disseminate the
principles of RA 8504 and prescribe guidelines, procedures and
standards
for its implementation, to facilitate compliance to and achieve the
objectives
of the law.chanrobles virtual law library
Sec. 3. Declaration of Policies
Acquired
Immune Deficiency Syndrome (AIDS) is a disease that recognizes no
territorial,
social, political and economic boundaries for which a cure has yet to
be
discovered. However, even if a cure is discovered, the Act shall
continue
to serve as an important guide in sustaining prevention and control
efforts
and caring for people of all ages already infected. The gravity of the
AIDS threat demands strong State action today and in the future, thus:
chanrobles virtual law library
a.
The State shall promote public awareness about the causes, modes of
transmission,
consequences, and means of prevention and control of the Human
Immuno-deficiency
Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS) through a
comprehensive
nationwide education and information campaign organized and conducted
by
the State. Such campaigns shall promote value formation and employ
scientifically
proven approaches, focus on the family as a basic social unit, and be
carried
out in all schools and training centers, workplaces, and communities.
This
program shall involve affected individuals and groups, including people
living with HIV/AIDS.chanrobles virtual law library
b.
The State shall extend to every person suspected or known to be
infected
with HIV/AIDS full protection of his/her human rights and civil
liberties.
Towards this end,
1.
compulsory HIV testing shall be considered unlawful unless otherwise
provided
in this Act;
2.
the right to privacy of individuals with HIV/AIDS shall be guaranteed;
3.
discrimination, in all its forms and subtleties, against individuals
with
HIV/AIDS or persons perceived or suspected of having HIV/AIDS shall be
considered inimical to individual and national interest; and
4.
provision of basic health and social services for individuals with
HIV/AIDS
shall be assured.chanrobles virtual law library
c.
The
State shall promote utmost safety and universal precautions in
practices
and procedures that carry the risk of HIV transmission.chanrobles virtual law library
d.
The State shall positively address and seek to eradicate conditions
that
aggravate the spread of HIV infection, including but not limited to
poverty,
gender inequality, prostitution, marginalization, drug abuse and
ignorance.
In seeking to eradicate these conditions, there is no intent to
undermine
other HIV/AIDS prevention activities. For example, this Act does not
advocate
eradicating prostitution through actions which drive the sex industry
out
of sight where it is more difficult to conduct HIV/AIDS prevention
activities.chanrobles virtual law library
e.
The State shall recognize the potential role of affected individuals in
propagating vital information and education messages about HIV/AIDS and
shall utilize their experience to warn the public about the disease.chanrobles virtual law library
f.
Consistent with the above mentioned policies and in consonance with the
Philippine National HIV/AIDS Strategy, the State, further, recognizes
that:
1.
Multi-sectoral involvement is essential to national and local responses
to HIV infection;
2.
People should be empowered to prevent further HIV transmission.
Empowerment
for all Filipinos will come through access to appropriate information
and
resources for prevention;
3.
The formulation of socio-economic development policies and programs
should
include the consideration of the impact of HIV infection/AIDS;
chanrobles virtual law library
4.
Resources should be allocated taking into consideration the unique
vulnerabilities
of various population groups, including children, affected by HIV/AIDS
and its impact; and
5.
Continued efforts should be made to constantly improve the performance
and assure the quality of HIV/AIDS related programs.chanrobles virtual law library
Sec. 4.
Definition of Terms
As
used in this IRR, the definitions of terms are as follows:
1.
Acquired Immune Deficiency Syndrome (AIDS) - A condition characterized
by a combination of signs and symptoms, caused by HIV contracted from
another
which attacks and weakens the body’s immune system, making the
afflicted
individual susceptible to other life-threatening infections.chanrobles virtual law library chanroblesvirtualawlibrary
2.
AIDS Registry - The official record of the number of reported HIV
positive
and AIDS cases and deaths confirmed by either the Bureau of Research
and
Laboratories (BRL) or the Research Institute for Tropical Medicine
(RITM),
and reported to the National HIV Sentinel Surveillance System (NHSSS).chanrobles virtual law library
3.
Anonymous Testing - An HIV test procedure whereby the identity of the
individual
being tested is protected or not known. The unlinked anonymous method
tests
blood drawn for other purposes for HIV antibodies without the subjects
knowledge and with all identifying data removed, while the voluntary
anonymous
method tests blood drawn from volunteers who have no identifying
information,
except a code number which is matched with a similar code of a given
test
result.chanrobles virtual law library
4.
Behavioral Surveillance System (BSS) - A systematic and regular
collection
of information on risk behaviors and co-factors of the transmission of
HIV infection among selected population groups.chanrobles virtual law library
5.
Community
- A group of persons with something in common.chanrobles virtual law library
6.
Compulsory HIV Testing - An HIV testing of a person attended by the
lack
of consent; lack of consent of the parent when said person is a minor
or
the legal guardian when the same is insane; or use of physical force,
intimidation
or any other form of compulsion.chanrobles virtual law library
7.
Condom - Is a thin protective barrier or sheath worn over the male or
female
external reproductive organ.chanrobles virtual law library
8.
Contact tracing - A method of finding and counseling the sexual
partner(s)
of a person who has been diagnosed as having a sexually transmitted
disease
or diseases.chanrobles virtual law library
9.
Discrimination - A prejudicial act of making distinctions or showing
partiality
in the granting of privileges, benefits or services to a person on the
basis of his/her actual, perceived or suspected HIV status.chanrobles virtual law library
10.
Government Agency - Any of the various units of government, including a
department, bureau, office, instrumentality or government-owned or
-controlled
corporation or a local government or a distinct unit therein.chanrobles virtual law library
11.
Government Office - Any major functional unit of a department or
bureau,
including regional offices, within the framework of the governmental
organization.
It also refers to any position held or occupied by individual persons,
whose functions are defined by law or regulation. All establishments or
offices outside this definition are considered private offices.chanrobles virtual law library
12.
Health Worker - A person engaged in health or health-related work in
hospitals,
sanitaria, health infirmaries, health centers, rural health units,
barangay
health stations, clinics and other health-related establishments.chanrobles virtual law library
13.
High-Risk Behavior - A behavior or activity which when done increases
the
risk of acquiring or transmitting HIV. Examples are unprotected sex
with
multiple partners, low condom use and sharing of intravenous needles.chanrobles virtual law librarychanrobles virtual law library
14.
Hiring - The process of selecting an individual for a specific position
or job.chanrobles virtual law library
15.
HIV/AIDS Education - The provision of information on the causes,
prevention
and consequences of HIV/AIDS and activities designed to assist
individuals
to develop the confidence and skills needed to avoid HIV/AIDS
transmission
and to develop more positive attitudes towards people living with
HIV/AIDS
(PLWHA).chanrobles virtual law library
16.
HIV/AIDS Monitoring - The documentation and analysis of the number and
the pattern of spread and transmission of the HIV/AIDS infection and
the
prevention and control measures directed against it.chanrobles virtual law library
17.
HIV/AIDS Prevention and Control - The program, strategies and measures
aimed at protecting non-infected persons from contracting HIV and
minimizing
the impact of the condition on PLWHAs.chanrobles virtual law library
18.
HIV-negative - Denotes the absence of HIV or HIV antibodies upon HIV
testing.chanrobles virtual law library
19.
HIV-positive - Denotes the presence of HIV infection as demonstrated by
the presence of HIV or HIV antibodies upon HIV testing.chanrobles virtual law library
20.
HIV status - Denotes whether a person who has undergone an HIV test is
HIV-positive or HIV-negative.chanrobles virtual law library
21.
HIV Testing - A laboratory procedure done on an individual to determine
the presence or absence of HIV infection.chanrobles virtual law library
22.
HIV Transmission - The transfer of HIV from an infected person to an
uninfected
one, more commonly through sexual intercourse, blood transfusion,
sharing
of intravenous needles, or from the mother to the fetus or infant.chanrobles virtual law library
23.
Human Immunodeficiency Virus (HIV) - The virus which causes AIDS.chanrobles virtual law library
24.
Indigenous Learning Systems - Culturally rooted, formalized, and
codified
beliefs, knowledge and skills from recognized alternative systems of
instruction
which parallel modern private and public schooling. Classic examples of
indigenous learning systems include the tent schools in Ifugao, Islamic
or Quranic schools in Muslim societies, and child socialization
practices
in cultural communities.chanrobles virtual law library
25.
Informed Consent - The voluntary verbal or written agreement of a
person
to undergo or be subjected to a procedure based on full information.chanrobles virtual law library
26.
Injecting Drug Users (IDUs) - Individuals who inject prohibited or
regulated
drugs.chanrobles virtual law library
27.
Medical Confidentiality - The expectation or situation of protecting
and
upholding the right to privacy of a person who had an HIV test or was
diagnosed
to have HIV. Confidentiality encompasses all information that directly
or indirectly lead to the disclosure of the identity and HIV status of
said person. This information includes, but is not limited to, the
name,
address, picture, physical characteristic or any other similar
identifying
characteristic.chanrobles virtual law library
28.
Minor - A person who is below 18 years of age.chanrobles virtual law librarychanrobles virtual law library
29.
Non-formal Education - An organized non-school, community-based
educational
activity undertaken by the Department of Education, Culture and Sports
or by other agencies, including private schools, aimed at attaining
specific
learning objectives for a target clientele, such as the illiterate,
children
who do not go to school, and adults who cannot avail of formal
education.
It is distinct from and outside of the regular offering of the formal
school
system.chanrobles virtual law library
30.
Non-Government Organization (NGO) - A private, non -profit voluntary
organization
that is committed to the task of socio-economic development and
established
primarily for service.chanrobles virtual law library
31.
Perceived or suspected HIV status - A judgment or suspicion about the
HIV
status of a person which may or may not correspond with the actual HIV
status.chanrobles virtual law library
32.
Person with HIV - An individual whose HIV test indicates, directly or
indirectly,
that he/she is infected with HIV.chanrobles virtual law library
33.
Pre-employment to Post-employment - The continuity of employment
starting
from the hiring process, through employment, resignation, retirement
and
after retirement or resignation of an employee.chanrobles virtual law library
34.
Pre-Test Counseling - The process of providing information on the
biomedical
aspects of HIV/AIDS and the possible results of the HIV test; and
providing
emotional support for any psychological implication of undergoing HIV
testing
to an individual before he or she undergoes the HIV test.chanrobles virtual law library
35.
Post-Test Counseling - The process of providing risk-reduction
information
and emotional support to a person who submitted to HIV testing at the
time
that the test result is released.chanrobles virtual law library
36.
Private sector - The sector composed of non-government organizations,
people’s
organizations, private schools and universities, business enterprises
owned
and operated by private individuals or groups, and other organizations
and establishments which are not part of the government.chanrobles virtual law library
37.
Prophylactic - A medical agent or device used to prevent the
transmission
of a disease. It does not include antibiotics and vitamins.chanrobles virtual law library
38.
Sexually Transmitted Disease (STD) - Any disease that is acquired or
transmitted
through sexual contact.chanrobles virtual law library
39.
Standardized Basic Information - The amount of knowledge on HIV/AIDS
deemed
sufficient by the Department of Health, the Department of Labor and
Employment,
the Department of National Defense and the Civil Service Commission,
that
enables individuals to take action for their own protection. It
includes
information on the nature of HIV/AIDS, its mode of transmission and
causes.
It discusses the issues of medical confidentiality, the dignity of the
person afflicted with HIV/AIDS, the rights and obligations of employers
and employees towards persons with HIV/AIDS, and the particular
vulnerability
of women.chanrobles virtual law library
40.
Subpoena ad testificandum - A procedure of a competent court inviting a
person to testify as a witness during a court trial or any
investigation
conducted under the laws of the Philippines. It is commonly referred to
as subpoena.chanrobles virtual law library
41.
Subpoena duces tecum - A procedure whereby a competent court requires a
person to appear in court to present or provide specified documents
and/or
materials under her/his control which may be used as evidence.chanrobles virtual law library
42.
Termination from work - Dismissal from work or the end of an
employer-employee
relationship.chanrobles virtual law library
43.
Tourist - A temporary visitor staying at least 24 hours in the country
for a purpose classified as either holiday (recreation, leisure, sport
and visit to family, friends or relatives), business, official mission,
convention or health reasons.chanrobles virtual law library
44.
Transient
- A temporary visitor who stays less than 24 hours in the country
visited.chanrobles virtual law library
45.
Treatment or Care - A health, psychological, spiritual or social
intervention
extended to a person with HIV/AIDS.chanrobles virtual law library
46.
Voluntary HIV Testing - HIV testing done on an individual who, after
having
undergone pre-test counseling, willingly submits himself/herself to
said
test.chanrobles virtual law library
chanrobles virtual law library
47.
Window Period - Period of time, usually lasting from two (2) weeks to
six
(6) months during which an HIV/AIDS infected individual will test
"negative"
for HIV antibodies but, since the HIV is present, he or she is capable
of transmitting the same.chanrobles virtual law library
RULE
2
EDUCATION
AND INFORMATION
Sec. 5. Nature and Scope
HIV/AIDS
education and information shall consist of knowledge, skills and
attitude
competencies, accessible and available to all Filipinos, and targeted
for
the following groups:
a.
Students and teachers in the primary, secondary, tertiary and
vocational
schools;
b.
Health workers and their clients in the government and private sectors;
c.
Employers and employees in government and private offices;
d.
Filipinos going abroad;
e.
Tourists and transients;
f.
Communities; and
g.
Population groups with relatively higher risk of acquiring or
transmitting
HIV/AIDS.chanrobles virtual law library
Sec. 6.
Purpose
Provision
of timely, accurate, adequate, appropriate and relevant HIV education
and
information shall empower persons and communities to think and act in
ways
that protect themselves from HIV infection, minimize the risk of HIV
transmission
and decrease the socio-economic impact of HIV/AIDS.chanrobles virtual law library
Sec. 7. Content
The
standardized basic information on HIV/AIDS shall be the minimum content
of an HIV/AIDS education and information offering. Additional content
shall
vary with the target audience.chanrobles virtual law library
Selection
of content or topic shall be guided by the following criteria:
a.
Accurate - Biomedical and technical information is consistent with
empirical
evidence of the World Health Organization, the DOH, or other recognized
scientific bodies. Published research may be cited to establish the
accuracy
of the information presented.chanrobles virtual law library
b.
Clear - The target audience readily understands the content and message.chanrobles virtual law library
c.
Concise - The content is short and simple.chanrobles virtual law library
d.
Appropriate- Content is suitable or acceptable to the target audience.chanrobles virtual law library
e.
Gender-sensitive - Content portrays a positive image or message of the
male and female sex; it is neither anti-women nor anti-homosexual.chanrobles virtual law library
f.
Culture-sensitive - Content recognizes differences in folk beliefs and
practices, respects these differences and integrates, as much as
possible,
folkways and traditions that are conducive to health.chanrobles virtual law librarychanrobles virtual law library
g.
Affirmative - Alarmist, fear-arousing and coercive messages are avoided
as these do not contribute to an atmosphere conducive to a thorough
discussion
of HIV/AIDS.chanrobles virtual law library
h.
Non-moralistic and non condemnatory - Education and information
materials
or activities do not impose a particular moral code on the target
audience
and do not condemn the attitudes or behaviors of any individual or
population
group.chanrobles virtual law library
i.
Non-pornographic - Content or activity informs and educates and do not
titillate or arouse sexual desire.chanrobles virtual law library
Sec. 8. Approaches
A
prototype module or instructional design shall be developed on the
standardized
basic information on HIV/AIDS. Additional content suitable to a
selected
target audience may be added on the prototype.chanrobles virtual law library
This
HIV/AIDS
education and information prototype shall include the following:
a.
instructional objectives;
b.
content or topics and recommended time allocation;
c.
teaching methods and activities;
d.
evaluation methods and tools; and
e.
recommended qualifications of resource persons.chanrobles virtual law library
Partnership
and consultation shall be used in the development of the HIV/AIDS
education
and information prototype. The Department of Health (DOH), through the
Special HIV/AIDS Prevention and Control Service (SHAPCS) shall develop
the prototype, within six (6) months from the effectivity date of this
IRR, in partnership and consultation with the:
a.
Department of Education, Culture and Sports (DECS), Commission on
Higher
Education (CHED) and Technical Education and Skills Development
Authority
(TESDA);
b.
Philippine Information Agency (PIA);
c.
Department of Labor and Employment (DOLE);
d.
Department of National Defense (DND);
e.
Department of Foreign Affairs (DFA);
f.
Department of Tourism (DOT);
g.
Department of Transportation and Communication (DOTC);
h.
Civil Service Commission (CSC); and
i.
Representatives of private offices and NGOs
Suitability
and flexibility shall be the basis for the adoption and modification of
the prototype. The specific needs of each target audience for HIV/AIDS
education and information shall be addressed by add-ons to the
prototype.
DOH, in collaboration with its partners, shall assure the quality of
the
prototype through an annual review or as often as the need arises.chanrobles virtual law library
Sec. 9. Types of HIV/AIDS Education and
Information Offerings
The
HIV/AIDS education and information offerings shall make appropriate use
of the multi-media, namely:
a.
Face-to-face instruction as in tutorials, classes, seminars, workshops
and discussion groups;
b.
Print materials as in modules and other self-instructional materials,
brochures,
flyers, comic books, and magazines;
c.
Audio and audio-visual activities and materials as in jingles, cassette
tapes, radio broadcast, radio programs, film strips, VHS and beta
tapes,
and TV programs; and
d.
HIV/AIDS distance education where self-instructional materials are sent
to the target audience in accordance with adult learning principles.chanrobles virtual law library
Sec. 10. Levels of HIV/AIDS Education and
Information
HIV/AIDS
education and information shall be conducted at the following levels:
a.
Individual;
b.
Group;
c.
Organization or institution;
d.
Community;
e.
Barangay;
f.
Municipal;
g.
Provincial;
h.
Regional; and
i.
National
Sec. 11.
Structural Modes
HIV/AIDS
education and information shall have the following structural modes:
a.
Formal - HIV/AIDS education and information is integrated in existing
or
planned subjects or courses at the primary, secondary or tertiary
levels
of education;
b.
Non-formal - HIV/AIDS education and information is part of non-degree
continuing
professional education programs; orientation, on-the-job training and
in-service
training; and extension programs for adult education; and
c.
Indigenous learning systems
Sec. 12. Training of HIV/AIDS Education and
Information Trainors And
Educators
The
DOH, through the SHAPCS, in collaboration with its partners in the
government
and private sectors, shall undertake a national and regional training
program
of trainers for the HIV/AIDS education and information campaign, at
least
once a year.chanrobles virtual law library
Qualifications
of the participants for the training for trainers shall include:
a.
A health worker, teacher or individual working in the area of human
resource
development;
b.
A representative of a government or private office or agency, school,
NGO,
community or local government unit (LGU) that will offer HIV/AIDS
education
and information training; and
c.
Commitment to offer an HIV/AIDS education and information training for
educators.chanrobles virtual law library
Trainers,
in
turn, shall conduct the HIV/AIDS education and information training for
educators at the group, organization, school, and community or LGU
levels.chanrobles virtual law library
Educators
shall conduct the HIV/AIDS education and information offerings at the
individual,
group, course, organization, community or LGU levels.chanrobles virtual law librarychanrobles virtual law library
Other
existing
venues for the HIV/AIDS trainers and educator's training that may be
considered
by SHAPCS are the courses of the various health profession education
programs,
continuing professional education programs of the 42 nationally
accredited
professional organizations and the human resource development programs
of the NGOs, academe and private agencies.chanrobles virtual law library
Sec. 13. HIV/AIDS Education in Schools
DECS,
CHED and TESDA shall develop a school-based HIV/AIDS education and
information
program which shall include the HIV/AIDS education and information
prototype,
add-on content, and the development and provision of multi-media
information
and instructional materials to schools under their respective
jurisdictions.chanrobles virtual law library
HIV/AIDS
education shall be integrated into but not limited to science and
health,
edukasyon pantahanan at pangkabuhayan (EPP), sibika at kultura, good
manners
and right conduct (GMRC), and Filipino at the elementary level; in
science
and technology, social studies, physical education, health and music
(PEHM)
and values education at the secondary and tertiary levels. HIV/AIDS
education
shall also be integrated by DECS into its non-formal education program
and in the indigenous learning systems. Instructional materials shall
be
provided for such purposes.chanrobles virtual law library
DECS
shall
further strengthen its own school-based AIDS education project through
the development and printing of audio-visual materials such as posters,
comics, flipcharts, modules, tapes and film strips.chanrobles virtual law library
Flexibility
in the formulation and adoption of appropriate course content, scope
and
methodology in each educational level or group shall be allowed after
consultations
with the Parents - Teachers - Community - Association, association of
private
schools, school officials and other interest groups.chanrobles virtual law library
Sec. 14. HIV/AIDS Information as a Health Service
All
efforts shall be exerted to provide inpatients with HIV/AIDS education,
individually or in groups, during their period of confinement in a
clinic,
hospital or medical center, both government and private. The HIV/AIDS
education
prototype, as adopted and modified to suit the needs of this target
audience,
shall be usedfor this
purpose.chanrobles virtual law library
Outpatient
clients of barangay health stations, rural health units; district,
provincial
and regional hospitals; private clinics and hospitals; and government
medical
centers shall be given HIV/AIDS education seminars or tutorials to the
extent possible.
Self-instructional
HIV/AIDS materials shall be made available and accessible to inpatients
and outpatients alike by the respective health agencies.
Government
and private health facilities and private clinics shall be encouraged
by
the SHAPCS to play HIV/AIDS education and information audio and video
tapes
in the waiting, lounging and/or common rooms for their clients.chanrobles virtual law library
HIV/AIDS
education and information shall be an integral part of the work of the
health workers and they shall be trained for this purpose in accordance
with Sec. 12 of this IRR.chanrobles virtual law library
Government
agency members of the Philippine National AIDS Council (PNAC) shall
ensure
that all public health workers are trained on HIV/AIDS. In the private
sector, it shall be the responsibility of the head of the health
institution
or agency to qualify the health workers under his or her jurisdiction
as
trainers and educators for the HIV/AIDS education and information
program.chanrobles virtual law library
Sec. 15. HIV/AIDS Education in the Workplace
HIV/AIDS
education shall be integrated in the orientation, training, continuing
education and other human resource development programs of employees
and
employers in all government and private offices.chanrobles virtual law library
Each
employer
shall develop, implement, evaluate and fund a workplace HIV/AIDS
education
and information program for all their workers. The program shall
include
the following elements:
a.
The HIV/AIDS education prototype and the modifications therein, that
are
suited to the target audience;
b.
List of trainers and other resource persons from the same or other
workplace(s);
c.
Training schedule;
d.
Self-learning information materials such as booklets, brochures, flyers
and tapes;
e.
Dissemination and distribution schedule of self-learning materials; and
f.
A monitoring and reporting scheme
Monitoring
and assessment of the workplace HIV/AIDS education program in the
private
sector shall be the responsibility of the DOLE, in collaboration with
the
DOH. The DOLE agencies in charge shall be the Inter-Agency Committee on
STD/HIV/AIDS, chaired by the Occupational Safety and Health Center
(OSHC)
of DOLE, as well as the Department’s Regional Offices. The Labor
Inspectorate
under the DOLE Bureau of Working Conditions, shall be responsible for
enforcing
compliance to the HIV/AIDS Workplace Program.chanrobles virtual law library
For
members
of the AFP and the PNP, this shall be the responsibility of the Armed
Forces
Chief of Staff and the Director General of PNP, respectively. The Civil
Service Commission (CSC) shall assist in the monitoring and assessment
efforts for all other groups in the public sector.chanrobles virtual law librarychanrobles virtual law library
Upon
inspection,
employers shall present records and materials of the HIV/AIDS education
and information program and related activities undertaken.chanrobles virtual law library
The
quality
of the HIV/AIDS education and information program shall be under the
Collective
Bargaining Agreement, the human resource development unit or its
equivalent
in the agency or establishment.chanrobles virtual law library
Sec. 16. HIV/AIDS Education for Filipinos Going Abroad
Filipinos
going abroad, consisting of all overseas Filipino workers (OFWs), as
well
as diplomatic, military, trade and labor officials and staff who will
be
assigned overseas, shall attend an HIV/AIDS education seminar prior to
departure.
For OFWs,
the HIV/AIDS education seminar shall be part of the Pre-Employment and
Pre-Departure Orientation Seminars supervised by the DOLE. For the
diplomatic,
military, trade and labor officials and staff and their families, the
appropriate
agencies shall integrate the HIV/AIDS education into their existing
training
programs
The
HIV/AIDS
education prototype and the modifications made therein, in partnership
with various agencies and sectors of government and non-government
organizations,
to meet the specific needs of the target audience shall be used for the
seminar or training program. Additional self-learning materials such as
brochure, flyers and/or tapes shall be available to each participant.chanrobles virtual law library
Sec. 17. Information Campaign for Tourists and
Transients
HIV/AIDS
information materials such as brochures, flyers, posters, audio and
video
tapes shall be prominently displayed or played, easily accessible and
available
at places where there are tourists and transients. These include:
a.
commonly-used modes of land, sea and air transport such as buses,
ferries
and ships, and airplanes;
b.
international and domestic ports of entry and exit;
chanrobles virtual law library
c.
passenger departure and waiting rooms of bus, ship and airport
terminals;
d.
travel agencies, resorts and other tourist spots;
chanrobles virtual law library
e.
restaurants and hotels; and
chanrobles virtual law library
f.
information center booths of the DOT.chanrobles virtual law librarychanrobles virtual law library The
DOT and
the DOTC shall produce, distribute and disseminate the appropriate
multi-media
HIV/AIDS information materials using the HIV/AIDS education prototype
as
basis. The DOT and DOTC Regional Offices shall be adequately provided
with
these information materials for distribution in their respective areas
of jurisdiction.chanrobles virtual law library
The
DOT,
DFA and the Department of Justice (DOJ) through the Bureau of
Immigration
(BI), in collaboration with the DOH, shall monitor, coordinate and
assess
the HIV/AIDS information campaign for tourists and transients.chanrobles virtual law library
Sec. 18. HIV/AIDS Education in Communities
Local
government units (LGUs) through their health, social welfare and
population
officers shall undertake an HIV/AIDS education and information program
in the community and shall observe the following guidelines:
a.
coordinate closely with concerned government agencies, NGOs, PLWHAs and
other community-based organizations;
b.
cover the provincial, city, municipal, barangay and household levels;
c.
use the HIV/AIDS education prototype as basis and modify the same to
meet
the needs of a specific target audience;
d.
utilize multi-media materials and sources; and
e.
integrate the HIV/AIDS education and information program into existing
community-based HIV/AIDS prevention and control programs and other
health
education programs of the LGUs.chanrobles virtual law library
The
provincial
governor, city mayor, municipal mayor and barangay captain, through
their
respective local development councils shall produce the HIV/AIDS
education
and information campaign materials; and monitor, coordinate, assess and
fund the implementation of the HIV/AIDS education and information
campaign
in communities.chanrobles virtual law library
Sec. 19. Information on Prophylactics
A
labeling material shall be attached to or provided with every
prophylactic
offered for sale or given as donation and shall meet the following
specifications:
a.
Printed information is in English and any locally used Filipino dialect;
b.
Size of the labeling material is at least 60 square cms;
c.
Text is in font size six (6) or bigger; and
d.
One labeling material is provided for each pack of prophylactic
Each
labeling
material shall include the following information:
a.
Date of expiry and date of manufacture;
b.
Statement that "sexual abstinence and mutual fidelity are effective
strategies
for the prevention of HIV/AIDS and STDs";
c.
The statement "When used properly, the use of a condom is a highly
effective
method of preventing most sexually transmitted diseases";
chanrobles virtual law library
d.
Instructions on the proper use of a condom;
e.
Simple illustration that shows clearly the steps in the correct use of
a condom;
f.
Advice against the use of non-water-based lubricants like baby oil or
petrolatum
jelly; and
g.
Advice that each condom is used only once
The
requirements
in this Sec. shall apply one year after the date of effectivity of
this
IRR. In the case of condoms supplied by donors, the receiving agency
shall
be responsible for meeting the said requirements.chanrobles virtual law library
Sec. 20. Forms of Misleading Information
Misleading
information may take the form of false or deceptive advertisements.
Further,
it is misleading information when the presentation fails to reveal
facts
material to such presentation or the possible outcomes of using the
products
and/or services being advertised.chanrobles virtual law library
Information
shall be deemed misleading if:
a.
Advertisement of the benefits or use of non-prescription drugs, devices
and treatments does not comply with the specifications on indications
and
labeling as approved by the Bureau of Food and Drugs (BFAD);
b.
Advertisement offers false hopes in the form of a temporary or
permanent
cure or relief; and
c.
Reference to laboratory data, statistics and/or scientific terms used
in
the advertisement or packaging comes from doubtful sources or is not
quoted
accurately
Violations
of this specific Sec. shall be punishable with a penalty of
imprisonment
for two (2) months to two (2) years. The same shall be without
prejudice
to the imposition of administrative sanctions or the suspension or
revocation
of the professional or business license.chanrobles virtual law library
RULE
3
SAFE
PRACTICES
AND PROCEDURES
Sec. 21 Universal Precautions
Universal
Precautions is the basic standard of infection control. The underlying
principle is to assume that all patients and staff are potentially
infected
with blood-borne pathogens such as HIV and hepatitis B virus. Universal
Precautions is intended to prevent transmission of infection from
patient
to staff, staff to patient, staff to staff, and patient to patient.chanrobles virtual law librarychanrobles virtual law library
The
procedures
for Universal Precautions shall include:
a.
Standard hygienic procedures, especially handwashing, should be
followed
at all times.chanrobles virtual law library
b.
Hospital or medical center guidelines for disinfection and
sterilization
should be consulted and followed faithfully.chanrobles virtual law library
c.
Any skin disease or injury should be adequately protected with gloves
or
impermeable dressing to avoid contamination with a patient's body
fluids.chanrobles virtual law library
d.
Any spills of blood or other potentially contaminated material should
be
liberally covered with household bleach (dilution of 1 to 10), left for
30 minutes then carefully wiped off by personnel wearing gloves.chanrobles virtual law library
e.
Gown, gloves, mask and protective eyewear should be worn, if possible,
during surgery, childbirth and other procedures where contact with
blood
or body fluids is likely.chanrobles virtual law library
f.
Needles and sharp objects should be discarded immediately after use in
puncture-proof containers marked BIOHAZARD. Do not bend or break
needles
by hand. Do not recap used disposable needles.chanrobles virtual law library
g.
Reusable needles and syringes should be handled with extreme care and
safely
stored prior to cleaning and sterilization or disinfection
h.
Linen soiled with blood or other body fluids should be handled as
little
as possible. Gloves and a protective apron should be worn while
handling
soiled linen.chanrobles virtual law library
i.
Specimens of blood and body substances should be handled as potentially
infectious.chanrobles virtual law library
Sec. 22. HIV/AIDS Core Teams
All
hospitals and other appropriate health care facilities shall establish
an HIV/AIDS Core Team (HACT).chanrobles virtual law library
HACT is
multi-disciplinary group of health workers with policy-making,
implementing,
coordinating, assessing, training, research and other project
development
functions on matters related to the diagnosis, management and care of
HIV/AIDS
patients and the prevention and control of HIV/AIDS infection in the
hospital.
Its primary objectives are to facilitate the provision of safe,
comprehensive
and compassionate care to HIV/AIDS patients by properly trained
personnel;
to mobilize hospital and community resources towards minimizing the
impact
of HIV/ AIDS infection on the patient and his family; and to coordinate
all efforts to prevent and control the transmission of HIV/AIDS
infection.chanrobles virtual law library
The
functions
of HACT include:
a.
Implement hospital guidelines on the comprehensive care and management
of HIV/AIDS patients;
b.
Provide care and counseling to HIV/AIDS patients;
chanrobles virtual law library
c.
Promote prevention and control measures/strategies such as health
education
and hospital infection control;
d.
Facilitate inter- and intra- departmental/agency coordination including
referral system and networking;
e.
Perform training and research activities on HIV/AIDS;
f.
Provide recommendations on hospital planning and development related to
HIV/AIDS;
g.
Monitor compliance of ethico-moral guidelines for HIV/AIDS including
confidentiality
of records and reports and release of information;
h.
Update records and submit reports to concerned offices; and
i.
Conduct monitoring and evaluation activities.chanrobles virtual law library
HACT
shall
be composed of five (5) to seven (7) members, which may include, but is
not limited to, the following:
a.
Doctors;
b.
Nurses;
c.
Medical social workers; and
d.
Medical technologists
The
criteria
for selecting HACT members include:
a.
Commitment to accept responsibilities and perform the tasks of HACT
members;
b.
With permanent position, resident physician or specialist;
c.
Willingness to undergo training in clinical management and care of
HIV/AIDS
patients; and
d.
High respect for medical confidentiality
In
addition
to the criteria for a HACT member, the criteria for the selection of a
HACT leader include:
a.
Commitment to accept responsibilities and perform the tasks of a HACT
leader;
b.
High level of knowledge of the program, including positive attitudes
for
the clients of the program;
c.
Preferably an infections disease consultant or an internist with a
permanent
specialist position in the hospital; and
d.
Preferably has a direct involvement in the care and management of
patients
in the hospital
Sec. 23. Requirements on the Donation,
Acceptance and Disposition of Blood,
Tissue, or Organ
Only
blood, tissue or organ testing negative (-) for HIV shall be accepted
by
any laboratory or institution for transfusion or transplantation.chanrobles virtual law librarychanrobles virtual law library
Before
transfusion
or transplantation, the recipient or his/her immediate relative may
demand,
as a matter of right, a second HIV test; except in an emergency case,
as
determined by the physician, when testing is not practical, feasible or
available: Provided, That said recipient or immediate relative
consents,
in writing, to the HIV test waiver.chanrobles virtual law library
Donations
of blood, tissue or organ testing positive (+) for HIV shall be
disposed
of properly and immediately; or accepted for research purposes only by
qualified medical research organizations, and subject to strict
sanitary
disposal requirements as contained in the DOH Manual of Nosocomial
Infections
and Hospital Waste Management.chanrobles virtual law library
Medical
research organizations qualified to accept HIV-positive (+) blood,
tissue
or organ are those research institutions that have an ethics review
board
that reviews the process by which the donation of said blood, tissue or
organ was done and have the facilities to properly handle and dispose
of
HIV-positive (+) blood, tissue or organ donations.chanrobles virtual law library
Procedures
and standards regarding donation, transport, handling and disposal of
blood,
tissue or organs as contained in the DOH Manual on Nosocomial
Infections
and Hospital Waste Management which are not in conflict with this IRR
shall
continue to be in effect. Revisions in said procedures and standards
shall
be made known to all concerned personnel.chanrobles virtual law library
Sec. 24. Guidelines on Surgical and Similar
Procedures
Standards
for the prevention of HIV transmission enumerated in the procedures for
Universal Precautions found in Sec. 21 of this IRR shall be observed
during the following procedures:
a.
Surgical;
b.
Dental;
c.
Embalming;
d.
Handling and disposition of cadavers, blood, organs or wastes of HIV
(+)
persons;
e.
Tattooing; and
f.
Other similar procedures
A
separate
manual for each procedure shall be developed and printed by the DOH
within
one (1) year from the effectivity date of this IRR.chanrobles virtual law library
The
development
of the said manuals shall be in consultation and coordination with:
a.
Hospital associations;
b.
Accredited professional organizations;
c.
NGOs; and
d.
Experts from the academe
The
manuals
shall be formally signed and dated by the Secretary of Health and shall
be incorporated as an integral part of this IRR.chanrobles virtual law library
The
manuals
shall be distributed to the national, regional and local agencies
regulating
the establishments where surgical, dental, embalming, tattooing or
similar
procedures are performed, to be used for the following:
a.
Issuance of sanitary permits,
chanrobles virtual law library
b.
Accreditation, or
chanrobles virtual law library
c.
Renewal of permits
chanrobles virtual law library The
regulatory
agencies issuing permits or accreditation shall be responsible for the
monitoring of the compliance to these guidelines.chanrobles virtual law library
Each
manual
shall be reviewed and revised periodically. Every revision or updated
edition
shall be distributed to the regulatory agencies for enforcement.chanrobles virtual law library
Pending
the official issuance of the manuals by the DOH, the following
issuances,
provided they are not in conflict with this IRR, shall continue to be
in
effect:
a.
Administrative Order No. 18, s. 1995 "Guidelines for the Management of
HIV/AIDS in Hospitals" (DOH, 21 November 1995);
b.
IRR of Chapter XXI of the Code of Sanitation of the Philippines (1997);
c.
Guidelines for Infectious Disease Control in Hospitals by the Committee
Members for Hospital Policies on HIV/AIDS (DOH, July 1997); and
d.
Chapter 8, pages 39 to 44 of the Manual on Nosocomial Infections (DOH,
December 1993)
Sec. 25. Penalties for Unsafe Practices and
Procedures
Unsafe
practices and procedures shall refer to the non-compliance with the
recommended
universal precautions in Sec. 21 of this IRR
The
penalties
of an individual committing unsafe practices and procedures shall be
imprisonment
for six (6) to twelve (12) years, without prejudice to the imposition
of
administrative sanctions such as, but not limited to the following:
a.
Fines; and/or
b.
Suspension or revocation of license to practice the profession
Failure
of
the institution or agency to maintain safe practices and procedures as
maybe required by the guidelines to be formulated in compliance with
Sec.
13 of RA 8504, and Sec. 24 of this IRR shall suffer the:
a.
Cancellation of the permit or license of the institution or agency; or
b.
Withdrawal of the accreditation of the hospital, laboratory or clinic
RULE
4
TESTING,
SCREENING AND COUNSELING
Sec. 26. Consent as a Requisite for HIV Testing
A
written informed consent shall be obtained before HIV testing. Said
consent
shall be made by the:
a.
Individual to be tested;
b.
Parent of a minor; or
c.
Legal guardian of a mentally incapacitated person except for unlinked
and
voluntary anonymous testing as provided for in Sec. 29 of this IRR.chanrobles virtual law library
It
is acceptable
for a person being tested to use an assumed name or code name instead
of
the real name and written informed consent using said assumed or code
name
shall constitute lawful consent.chanrobles virtual law librarychanrobles virtual law library
In
case
the person is unable to write, a thumbprint shall substitute for the
signature
on said consent.chanrobles virtual law library
A written
consent of a person to act as a volunteer or donor of his/her blood,
organ
or tissue for transfusion, transplantation, or research shall be deemed
a consent for HIV testing as provided in Sec. 23 of this IRR.chanrobles virtual law librarychanrobles virtual law library
The
DOH,
through SHAPCS shall develop a prototype informed consent form in
English
and any locally used Filipino dialect which may be modified
accordingly.
The prototype consent form shall include this excerpt from Sec. 16
of
RA 8504: "RA 8504 prohibits the imposition of HIV testing as a
precondition
for employment, admission to an educational institution, freedom of
abode,
entry or continued stay in the Philippines, the right to travel or the
provision of medical service or any other kind of service".chanrobles virtual law library
The
duly
accomplished informed consent record shall be kept confidential in
accordance
with Sec. 41 of this IRR. Except for a valid medical or legal need
for
this record, no access shall be allowed as provided in Sec.s 39 and
42 of this IRR.chanrobles virtual law library
Sec. 27. Prohibitions on Compulsory HIV Testing
HIV
Testing shall not be imposed as a precondition for the following:
a.
Employment;
b.
Admission to an educational institution;
c.
Exercise of freedom of abode;
d.
Entry or continued stay in the country;
e.
Right to travel;
f.
Provision of medical service or any kind of service; and
g.
The enjoyment of human rights and civil liberties, including the right
to enter into marriage and conduct a normal family life
Sec. 28. Exception to the Prohibition on
Compulsory Testing
The
prohibition on compulsory HIV testing shall be lifted in the following
instances:
a.
Upon a court order when a person is charged with the crime specified in
the following:
.chanrobles virtual law library
1.
R.A. 3815, as amended, or the "Revised Penal Code" specifically the
following
Articles:
.chanrobles virtual law library
a.
Article 264 -- Administering injurious substances;
b.
Article 335 -- Rape;
c.
Article 337 -- Qualified seduction; and
d.
Article 338 -- Simple seduction
.chanrobles virtual law library
2.
R.A. 7659, or the "Death Penalty Act," specifically Sec. 11,
paragraph
5 -- Rape, when the offender knows that he is afflicted with AIDS; and
.chanrobles virtual law library
3.
R.A. 8353 or the "Anti-Rape Law of 1997," specifically Sec. 2
--Rape,
when the offender knows that he is afflicted with Human
Immuno-Deficiency
Virus HIVAIDS or any other sexually transmitted disease and the virus
or
disease is transmissible to the victim;
.chanrobles virtual law library
b.
Upon order of the court when the determination of the HIV status is
necessary
to resolve relevant issues under Executive Order No. 209, otherwise
known
as the "Family Code of the Philippines", particularly:
1.
"Art.
45. A marriage may be annulled for any of the following causes,
existing
at the time of the marriage:
…
(3)
That
the consent of either party was obtained by fraud, unless such party
afterwards,
with full knowledge of the facts constituting the fraud, freely
cohabited
with the other as husband and wife; and
…
(6)
That
either party was afflicted with a sexually-transmitted disease found to
be serious and appears to be incurable.chanrobles virtual law library
…
Art.
46.
Any of the following circumstances shall constitute fraud referred to
in
number 3 of the
preceding
Article:
.chanrobles virtual law library
(3)
Concealment
of sexually transmissible disease, regardless of its nature, existing
at
the time of the marriage; or
.chanrobles virtual law library
c.
When complying with the provisions of Republic Act No. 7170, otherwise
known as the "Organ Donation Act" and the Republic Act No. 7719,
otherwise
known as the "National Blood Service Act".chanrobles virtual law library
Sec. 29. Anonymous HIV Testing
Anonymous
HIV testing is a procedure whereby the identity of the individual being
tested is protected or not known. Two methods of anonymous HIV testing
are the unlinked anonymous and the voluntary anonymous.chanrobles virtual law librarychanrobles virtual law library
Any
person
who submits to anonymous HIV testing shall not be required to provide a
name, age, address or any other information that may potentially
identify
the same. In the case of voluntary anonymous HIV testing an identifying
symbol is substituted for the person’s true name or identity. The
symbol
enables the laboratory doing the test and the test person to match the
test result with the said symbol.chanrobles virtual law library
Sec. 30. Accreditation of HIV Testing Centers
No
person, firm, corporation, center, hospital, clinic, blood bank or
laboratory
shall perform HIV testing without accreditation by the DOH, through the
BRL, in the Office for Health Facilities, Standards and Regulation
(OHFSR).chanrobles virtual law library
The
accreditation
standards for performing HIV testing provided in Administrative Order
No.
55-A, s. 1989 in ANNEX A shall be an integral part of this IRR, except
for Sec.s 7.1.6 and 9.3 which are amended to read:
Sec. 7.1.6. Reagents: The laboratory
shall utilize reagents, such as HIV
kits,
which have been registered with the BFAD, and evaluated and recommended
by RITM.chanrobles virtual law library
Sec. 9.3. The names, age, sex and addresses
of persons confirmed to be
seropositive
(by Western blot, immunofluresence and radioimmune precipitation assay)
shall be reported to AIDSWATCH as provided in Sec. 38 of this IRR.chanrobles virtual law library
SHAPCS
and
RITM shall convene a forum for consultation and review of the technical
and other related issues concerning HIV testing annually or as needed.
Participants of the forum shall include representatives of DOH,
Philippine
Association of Medical Technologists (PAMET), Philippine Society for
Pathologists
(PSP), HIV test kit suppliers, clinical laboratories and blood banks,
and
individuals actively involved in HIV testing.chanrobles virtual law librarychanrobles virtual law library
RITM
shall
serve as the national reference center for HIV testing.chanrobles virtual law library
Sec. 31. Pre-Test and Post-Test Counseling
All
individuals, centers, clinics, blood banks or laboratories offering HIV
testing shall provide, free of charge, pre-test and post-test
counseling
for persons who avail of their HIV testing services.chanrobles virtual law library
Pre-test
counseling shall include the following:
a.
Purpose of HIV testing;
b.
Other diseases that should be tested, if applicable;
c.
Window period;
d.
HIV test procedure;
e.
Meaning of a negative and a positive test result;
f.
Guarantees of confidentiality and risk-free disclosure;
g.
When the result is available and who can receive the result;
h.
Basic information on HIV/AIDS infection: nature, modes of transmission,
risk behaviors and risk reduction methods; and
i.
Informed consent and prohibition of compulsory testing under most
circumstances.chanrobles virtual law library
Post-test
counseling
after a negative test result shall include the following:
a.
Release of the test result to the test person or legal guardian of
minor;
b.
Review of the meaning of negative test result;
c.
Discussion of the test person’s immediate concerns;
d.
Review of the basic information on HIV/AIDS infection; and
e.
Provision of HIV/AIDS information literature and arrangement for a
community
referral, if necessary.chanrobles virtual law library
Post-test
counseling
after a positive test result shall include the following:
a.
Release of the test result to the test person or legal guardian of
minor;
b.
Assistance and emotional support to the person in coping with the
positive
(+) test result;
c.
Discussion of the person’s immediate concerns;
d.
Review of the meaning of a positive test result;
e.
Review of HIV/AIDS infection transmission and risk reduction;
f.
Explanation of the importance of seeking health care and supervision;
g.
Arrangements for referral to health care and other community services
and
to any organization of people living with HIV/AIDS; and
chanrobles virtual law library
h.
Assistance with the disclosure of HIV status and health condition to
the
spouse or sexual partner, as soon as possible
Pre-test
and
post-test counseling shall be done in a private place away from
possible
interruptions. It may be done at the bedside of an ill person, in a
counseling
room or in a person’s home, and preferably in a pleasant atmosphere.chanrobles virtual law library
When
tests
are undertaken of OFWs prior to their employment overseas, group
pre-test
and post-test counseling may be done. However, individual counseling
shall
be provided for an OFW with an HIV positive (+) result.chanrobles virtual law library
Only
health
workers who had undergone HIV/AIDS counseling training shall provide
pre-test
and post-test counseling. The DOH, through the SHAPCS shall produce a
training
kit and a trainer’s training kit for HIV/AIDS counseling. The SHAPCS
shall
conduct national and regional trainer’s training and may utilize the
expertise
of the academe and the NGOs for this activity. In turn, the trainers
shall
conduct HIV/AIDS counseling training for counselors at the provincial
and
institutional levels.chanrobles virtual law library
Sec. 32. Support for HIV Testing Centers
The
DOH through the SHAPCS shall coordinate the training of medical
technologists,
pathologists and other health workers who will staff the testing
centers.chanrobles virtual law library
The
SHAPCS,
through RITM, BRL, accredited professional organizations and societies,
qualified NGOs and experts from the academe, shall conduct training
courses
and workshops on HIV testing at least twice a year.chanrobles virtual law library
Content
of the training course/workshop shall include:
a.
HIV biology;
b.
Epidemiology;
c.
Principles and methods of HIV testing;
d.
Laboratory safety and precautions;
e.
Counseling; and
f.
Quality assurance
SHAPCS,
in
collaboration with RITM, BRL, PAMET, LGUs, NGOs and the academe, shall
form a network of HIV testing centers to facilitate the assessment of
support
needs and the delivery of support services, including the promotion of
continuing professional education and quality assurance. Network
members
shall meet at least once a year.chanrobles virtual law library
RULE
5
HEALTH
AND SUPPORT SERVICES
Sec. 33. Hospital-Based Services
A
manual on the Standard Operating Procedures (SOP Manual) for the
provision
of a comprehensive and compassionate hospital-based care services for
PLWHAs
shall be developed by the SHAPCS, through a Committee, within 90 days
from
the effectivity date of this IRR.chanrobles virtual law library
The
SOP
Manual shall ensure the accessibility of basic hospital services and
shall
contain the technical, managerial, quality and procedural requirements
for the physical, physiologic, psychological, socio-economic and
spiritual
care in the hospital of the person living with HIV/AIDS (PLWHA) and the
family. The services shall include:
a.
emergency treatment;
b.
laboratory services; and
c.
diagnosis and treatment of HIV/AIDS, STD, other infections and
complications
The
Committee
shall be composed of representatives from the following offices/sectors:
a.
OHFSR;
b.
Hospital Operations and Management Service (HOMS);
c.
San Lazaro Hospital (SLH);
d.
RITM;
e.
Accredited professional association (APOs);
f.
NGOs;
g.
Academe; and
h.
PLWHAs
Pending
the
official release and effectivity date of the SOP Manual, the provision
of hospital services for PLWHAs in government hospitals shall follow
the
Guidelines in:
a.
Administrative Order No. 18, s. 1995 "Revised Guidelines in the
Management
of HIV/AIDS Patients in the Hospital" (DOH, 21 November 1995); and
b.
Administrative Order No. 9, s. 1997 "Amendment to Administrative Order
No. 18, s. 1995 regarding the Guidelines in the Management of HIV/AIDS
Patients in the Hospital" (DOH, 10 May 1997) in Annex B1 and Annex B2
of
this IRR, which shall continue to be in effect until further notice of
revision by the SHAPCS.chanrobles virtual law library
The
SOP Manual
shall be reviewed periodically and revised accordingly by the SHAPCS,
through
the DOH Committee for Hospital Policies on HIV/AIDS Prevention and
Control.chanrobles virtual law library
Sec. 34. Community-Based Services
The
LGUs, through its health, social welfare and population officers, in
collaboration,
cooperation or partnership with the following:
a.
Concerned government agencies;
b.
NGOs;
c.
Private sector organizations and establishments;
d.
People living with HIV/AIDS; and
e.
other vulnerable groups shall develop and support services for the
prevention
and control of HIV/AIDS and care of PLWHAs and their families in the
community.chanrobles virtual law library
These
services
or programs include, but are not limited to:
a.
HIV/AIDS/STD education and information campaign;
b.
Counseling;
c.
Home-based care;
d.
Organizing community-based HIV/AIDS support groups including PLWHAs;
e.
Networking of HIV/AIDS support groups; and
f.
HIV/AIDS referral system
Community-based
HIV/AIDS prevention, control and care services shall be integrated into
the development plans and the existing programs of the province, city,
municipality and barangay.chanrobles virtual law library
Sec. 35. Livelihood Programs and Training
Government
agencies such as the Department of Social Welfare and Development
(DSWD),
DOLE, DECS, TESDA and Department of Trade and Industry (DTI) and
private
agencies, as well, shall provide opportunities for PLWHAs to
participate
in skills training, skills enhancement and livelihood programs. No
PLWHA
shall be deprived of participation by reason of HIV/AIDS status alone.chanrobles virtual law library
Skills
training
and enhancement programs along the interest and capacity of the PLWHAs
and livelihood assistance in the form of capital assistance, marketing
assistance and job placement shall be rendered.chanrobles virtual law library
The DSWD
with DOLE, DILG and private agencies, and utilizing existing mechanisms
and strategies, shall jointly set up a referral system to assist PLWHAs
in accessing skills training and livelihood assistance programs at the
regional and provincial levels.chanrobles virtual law library
Sec. 36. Control of Sexually Transmitted
Diseases
To
help contain the spread of HIV infection, the DOH, in coordination and
cooperation with other concerned government agencies, LGUs and NGOs,
shall
pursue the prevention and control of sexually transmitted diseases as
provided
in:
a.
Administrative Order No. 2, s. 1997 "National Policy Guidelines for the
Prevention and Management of Sexually Transmitted Diseases (STDs)"
(DOH,
20 February 1997); and
b.
Administrative Order No. 5, s. 1998 "Implementing Guidelines in STD
Care
Management at the Different Levels of the Health Care System" (DOH, 13
February 1998)
c.
Administrative Order No. 17-B, s. 1998 "Implementing Guidelines for STD
Case Management for Children". (DOH, 17 October 1998) in Annex C1 and
Annex
C2 of this IRR, which shall continue to be in effect, until further
notice
of revision by the SHAPCS.chanrobles virtual law library
Further,
the
DOH shall ensure the periodic conduct of studies on the prevalence of
STDs,
levels of anti-microbial drug resistance and new treatment modalities
for
STDs. DOH shall submit a report of the results of these studies to PNAC.chanrobles virtual law library
Sec. 37. Insurance for Persons with HIV
Within
60 days of the effectivity date of this IRR, the Secretary of Health
and
the Commissioner of the Insurance Commission shall create a Task Force
that shall oversee a study or studies on the feasibility of offering a
package of insurance benefits for PLWHAs in accordance with the guiding
principles of Sec.s 26 and 39 of RA 8504.chanrobles virtual law library
The
composition
of the Task Force may include, but not limited to, the representatives
of the following offices, agencies, or organizations:
a.
DOH;
b.
Insurance Commission;
c.
Philippine Hospital Association (PHA);
d.
Philippine Health Insurance Corporation (PHIC);
e.
Association of private insurers;
f.
Association of actuaries;
g.
Health maintenance organizations (HMOs); and
h.
Other groups, as needed
A
report of
the results of the feasibility study or studies shall be submitted by
the
DOH to PNAC within one year of the creation of the Task Force.chanrobles virtual law library
Should
the
study or studies find that insurance coverage for the PLWHA is
feasible,
the program shall be implemented by the concerned agencies. The PHIC
shall
oversee the implementation of the said insurance program.chanrobles virtual law library
RULE
7
CONFIDENTIALITY
Sec. 41. Medical Confidentiality
Medical
confidentiality shall protect and uphold the right to privacy of an
individual
who undergoes HIV testing or is diagnosed to have HIV. It includes
safeguarding
all medical records obtained by health professionals, health
instructors,
co-workers, employers, recruitment agencies, insurance companies, data
encoders, and other custodians of said record, file, or data.chanrobles virtual law library
Confidentiality
shall encompass all forms of communication that directly or indirectly
lead to the disclosure of information on the identity or health status
of any person who undergoes HIV testing or is diagnosed to have HIV.
This
information may include but is not limited to the name, address,
picture,
physical description or any other characteristic of a person which may
lead to his/her identification.chanrobles virtual law library
To
safeguard
the confidentiality of a person's HIV/AIDS record, protocols and
policies
shall be adopted by concerned officials, agencies and institutions.chanrobles virtual law library
Sec. 42. Exceptions to the Mandate of
Confidentiality
The
requirement for medical confidentiality shall be waived in the
following
instances:
a.
When responding to a subpoena duces tecum and subpoena ad testificandum
issued by a court with jurisdiction over legal proceedings where the
main
issue is the HIV status of an individual;
b.
When complying with the reporting requirements for AIDSWATCH as
provided
in Sec. 39 of this IRR; and
c.
When informing other health workers directly involved or about to be
involved
in the treatment or care of a person with HIV/AIDS and such treatment
or
care carry the risk of HIV transmission
Health
workers
who are exposed to invasive procedures and may potentially be in
contact
with blood and bodily fluids likely to transmit HIV shall be informed
of
the HIV status of a person, even without his/her consent. This
information
is vital to their protection against acquiring and transmitting the HIV
infection through safe practices and procedures in accordance with
Sec.s
21 and 24 of this IRR.chanrobles virtual law library
Those
who
are not at risk of transmission, must not be informed of a person’s HIV
status.chanrobles virtual law library
All
health
workers shall maintain shared medical confidentiality.chanrobles virtual law library
Sec. 43. Release of HIV/AIDS Test Results
The
result of HIV/AIDS testing shall be confidential and shall be released
only to the following:
a.
Person who was tested;
b.
Parent of a minor who was tested;
c.
Legal guardian of an insane person or orphan who was tested;
d.
Person authorized to receive said result for AIDSWATCH in accordance
with Sec. 39 of this IRR; and/or
e.
A Judge of the Lower Court, Justice of the Court of Appeals or Supreme
Court Justice
Sec. 44. Penalties for Violations of
Confidentiality
Penalties
for violating medical confidentiality, as provided in Sec.s 30 and
32
of RA 8504, include imprisonment for six (6) months to four (4) years.
Administrative sanctions may likewise be imposed, such as:
a.
Fines;
b.
Suspension or revocation of license to practice the profession; or
c.
Cancellation or withdrawal of the license to operate of any business
entity,
and the accreditation of hospitals, laboratories or clinics.chanrobles virtual law library
Sec. 45. Disclosure to Sexual Partners
Any
person with HIV shall be obligated to disclose his/her HIV status and
health
condition to his/her spouse or sexual partner at the earliest opportune
time.chanrobles virtual law library
PLWHA
may
seek the assistance of health workers or counselors providing the
post-HIV
test counseling on the matter of disclosure of HIV/AIDS and health
status
to spouse or sexual partner.chanrobles virtual law library
As
a general
policy, post-test counseling of PLWHA shall aim to assist him/her in
informing
his/her spouse or sexual partner of his/her HIV status and health
condition
at the earliest possible time.chanrobles virtual law library
RULE
8
DISCRIMINATORY
ACTS AND POLICIES
Sec. 46. Discrimination in the Workplace
Discrimination
in any form, from pre-employment to post-employment, including hiring,
promotion or assignment, based on the actual, perceived or suspected
HIV
status is prohibited.chanrobles virtual law library
All
individuals
seeking employment shall be treated equally by employers who shall not
make any distinction among job applicants on the basis of their actual,
perceived or suspected HIV status.chanrobles virtual law library
Persons
with HIV/AIDS already employed by any public or private company shall
be
entitled to the same employment rights, benefits and opportunities as
other
employees, namely:
a.
Security of tenure;
b.
Reasonable alternative working arrangements, when necessary;
c.
Social security, union, credit and other similar benefits; and
d.
Protection from stigma, demotion, discrimination and termination by co-
workers, unions, employers and clients.chanrobles virtual law library
Termination
from work on the basis of actual, perceived or suspected HIV status is
deemed unlawful.chanrobles virtual law library
HIV-infected
employees shall act responsibly to protect their own health and prevent
HIV transmission.chanrobles virtual law library
Acts
of
discrimination against an individual seeking employment, or in the
course
of employment, because of his/her actual, perceived or suspected HIV
status,
shall be reported to the DOLE by those in the private sector and to the
CSC by those in the government offices and government-owned
corporations.
DOLE and CSC shall resolve any such matters brought to their attention,
including the implementation of administrative sanctions, as may be
appropriate.chanrobles virtual law library
Sec. 47. Discrimination in Schools
No
educational institution shall refuse admission to any prospective
student
or discipline; segregate; deny participation, benefits or services to;
or expel any current student on the basis of his/her actual, perceived
or suspected HIV status. This shall include any perception or suspicion
of HIV status which may arise from a person being a friend, relative or
associate of a PLWHA.chanrobles virtual law library
The
right
to full participation shall include the right to take part in all
school
activities, including all sports activities.chanrobles virtual law library
HIV-infected
students shall act responsibly to protect their own health and prevent
HIV transmission.chanrobles virtual law library
Sec. 48. Restrictions on Travel and Habitation
HIV
is not among the dangerous, loathsome or contagious diseases referred
to
in the Immigration Code (Sec. 29). The freedom of abode, lodging and
travel of a person with HIV shall not be abridged. No person shall be
quarantined,
placed in isolation, or refused lawful entry into or deported from
Philippine
territory on account of his/her actual, perceived or suspected HIV
status.chanrobles virtual law library
Sec. 49. Inhibition from Public Service
The
right to seek an elective or appointive public office shall not be
denied
to a person with HIV.chanrobles virtual law library
Sec. 50. Exclusion from Credit and Insurance
Services
All
credit and loan services, including health, accident and life insurance
shall not be denied to a person on the basis of his/her actual,
perceived
or suspected HIV status: Provided, That the person with HIV shall not
conceal
or misrepresent his or her HIV status to the insurance company upon
application.
Extension and continuation of credit and loan shall likewise not be
denied
solely on the basis of said health condition.chanrobles virtual law library
Sec. 51. Discrimination in Hospitals and
Health Institutions
No
hospital or other health institution shall deny access to health care
services
to a PLWHA or those perceived or suspected to be HIV-infected, nor
charge
the said persons higher fees. Access to health services must be on an
equal
basis for all people, regardless of perceived, suspected or actual HIV
status.chanrobles virtual law library
Refusal
to admit a person to a hospital or health care facility and refusal to
provide health care or perform health services to a person in a
hospital
or health care facility on the basis of perceived, suspected or actual
HIV status are prohibited acts.chanrobles virtual law library
Sec. 52. Denial of Burial Services
Subject
to the observance of universal precautions as outlined in Sec. 21 of
this IRR, any deceased person who was known, suspected or perceived to
be HIV positive shall not be denied any kind of decent burial services.
Decent burial services include any ceremonial, burial or cremation
practices
that conform to culturally acceptable religious beliefs and norms.chanrobles virtual law library
Pending
the development and implementation of the Guidelines/Manuals/ Protocol
stipulated in Rule 3, Sec. 24 of this IRR, the following
recommendations
on undertaking, embalming and cremation of the remains who died with
HIV
shall apply:
a.
The remains of persons who died with HIV shall be buried or cremated
within
24 hours after the time of death.chanrobles virtual law library
b.
No embalming of the remains of persons who died with HIV shall take
place
except:
c.
When the family requests for embalming provided that the procedure will
be done by a licensed embalmer, qualified and previously trained by the
National AIDS/STD Prevention and Control Service (NASPCP) on HIV/AIDS
and
the observance of the practice of universal precautions.chanrobles virtual law library
d.
The HIV status of an individual shall not be a consideration in the
issuance
of permits for the transfer of such remains.chanrobles virtual law library
Sec. 53. Penalties for Discriminatory Acts and
Policies
All
discriminatory acts and policies referred to in Sec.s 46 to 52 of
this
IRR and in accordance with RA 8504 shall be punishable with a penalty
of:
a.
Imprisonment for six (6) months to four (4) years; and
b.
A fine not exceeding Ten thousand pesos (P10,000.00).chanrobles virtual law library
In
addition,
licenses or permits of schools, hospitals and other institutions found
guilty of committing said discriminatory acts and policies shall be
revoked.chanrobles virtual law library
RULE
9
THE
PHILIPPINE
NATIONAL AIDS COUNCIL
Sec. 54. Establishment
The
Philippine National AIDS Council or PNAC shall be reconstituted and
strengthened
to enable the Council to oversee an integrated and comprehensive
approach
to HIV/AIDS prevention and control in the Philippines. For all intents
and purposes, PNAC shall be attached to DOH.chanrobles virtual law library
Sec. 55. Functions
The
Council shall be the central advisory, planning and policy-making body
on the prevention and control of HIV/AIDS in the Philippines. The
Council
shall have the following functions:
a.
Secure from government agencies concerned recommendations on how their
respective agencies could operationalize specific provisions of RA
8504.
The Council shall likewise ensure that there is adequate coverage of
the
following:
1.
The institution of a nationwide HIV/AIDS information and education
program;
2.
The establishment of a comprehensive HIV/AIDS monitoring system;
3.
The issuance of guidelines on medical and other practices and
procedures
that carry the risk of HIV transmission;
4.
The provision of accessible and affordable HIV testing and counseling
services
to those who are in need of it;
5.
The provision of acceptable health and support services for persons
with
HIV/AIDS in hospitals and in communities;
6.
The protection and promotion of the rights of individuals with HIV; and
7.
The strict observance of medical confidentiality.chanrobles virtual law library
b.
Monitor
the implementation of these rules and regulations, issue or cause the
issuance
of orders or make recommendations to the implementing agencies as the
Council
considers appropriate;
c.
Develop a Strategic Plan and update regularly, through a process of
multisectoral
consultation, that details a comprehensive national HIV/AIDS prevention
and control program. The Plan shall be integrated into the Medium-Term
Development Plan. Said Plan shall include indicators and benchmarks
against
which PNAC shall monitor its implementation;
d.
Coordinate the activities of, and strengthen working relationships
between
all partners in the response including GO, NGOs, private sectors,
academe,
media, vulnerable communities and people with HIV;
e.
Coordinate and cooperate with foreign and international organizations
regarding
data collection, research and treatment modalities concerning HIV/AIDS;
and
chanrobles virtual law library
f.
Evaluate the adequacy of and make recommendations regarding the
utilization
of national resources for the prevention and control of HIV/AIDS. The
Council
shall facilitate and advocate the provision as well as mobilization and
use of technical, financial and logistical support to government
agencies
and NGOs for the development and implementation of plans, programs and
projects for the prevention and control of HIV/AIDS in the Philippines.chanrobles virtual law library
Sec. 56. Membership and Composition
The
Council shall be composed of the following:
a.
The Secretary of the DOH;
chanrobles virtual law library
b.
The Secretary of the DECS or his/her representative;
chanrobles virtual law library
c.
The Chairperson of the CHED or his/her representative;
d.
The Director-General of the TESDA or his/her representative;
chanrobles virtual law library
e.
The Secretary of the DOLE or his/her representative;
f.
The Secretary of the DSWD or his/her representative;
g.
The Secretary of the DILG or his/her representative;
h.
The Secretary of the DOJ or his/her representative;
i.
The Director-General of the NEDA or his/her representative;
j.
The Secretary of the DOT or his/her representative;
k.
The Secretary of the DBM or his/her representative;
l.
The Secretary of the DFA or his/her representative;
m.
The Head of the PIA or his/her representative;
chanrobles virtual law library
n.
The President of the League of Governors or his/her representative;
chanrobles virtual law library
o.
The President of the League of City Mayors or his/her representative;
chanrobles virtual law library
p.
The Chairperson of the Committee on Health of the Senate of the
Philippines
or his/her representative;
q.
The Chairperson of the Committee on Health of the House of
Representatives
or his/her representative;
r.
Two (2) representatives from organizations of medical/health
professionals;
s.
Six (6) representatives from non-government organizations involved in
HIV/AIDS
prevention and control efforts or activities; and
t.
A representative of an organization of persons living with HIV/AIDS.chanrobles virtual law library
Sec. 57. Appointment and Tenure
To
the greatest extent possible, appointment to the Council must ensure
sufficient
and discernible representation from the fields of medicine, education,
health care, law, labor ethics and social services.chanrobles virtual law librarychanrobles virtual law library
All
members
of the Council shall be appointed by the President of the Republic of
the
Philippines, except for the representatives of the Senate and the House
of Representatives, who shall be appointed by the Senate President and
the House Speaker respectively.chanrobles virtual law library
The
members
of the Council shall be appointed not later than thirty (30) days after
the date of the enactment of RA 8504.chanrobles virtual law library
Representatives
of heads of government agencies shall at least hold a Director-level
position.chanrobles virtual law library
NGO
membership
in PNAC shall consider sectoral representation as a factor in its
selection.
PNAC shall review the sectors to be represented by NGOs every two
years.
Selection of sectors shall consider the following information:
a.
Epidemiological studies - infections reported by AIDSWATCH and
surveillance
data;
b.
Socio-behavioral studies - vulnerability of particular population
groups;
and
c.
Demographic studies - size of population at risk
NGO
representatives
appointed to PNAC shall be NGOs from the sectors selected. They shall
bring
the concerns and issues of the sector they represent to PNAC. Where
this
is not possible, NGOs working with and advocating the concerns and
issues
of selected sectors shall be eligible to be NGO members of PNAC, as
representatives
of said sectors.chanrobles virtual law library
NGO
members
to PNAC shall meet the following qualifications:
a.
At least three years experience of working productively for the
prevention
and control of HIV/AIDS;
b.
Registered with the Securities and Exchange Commission;
c.
HIV/AIDS-related programs and projects are not limited to one region of
the country; and
d.
Implement programs/projects that show potential for national
replicability
The
members
representing the medical/health professional groups, non-government
organizations
and the representative of an organization of PLWHA shall be appointed
initially
for a period of two years. Subsequently, the said positions shall be
filled
via a nomination process as follows:
a.
Call for nominations of qualified representatives shall be published by
PNAC, allowing a period of one month for the receipt of the nominations;
chanrobles virtual law library
b.
A Nomination Committee composed of the PNAC Chair, Vice-Chair and three
other PNAC members shall review the nominations, rank the nominees and
submit its recommendations to PNAC for action;
c.
PNAC shall recommend two (2) nominees per position to the President.chanrobles virtual law library
The
Secretary
of Health shall be the permanent chairperson of the Council. The
vice-chairperson
shall be elected by the Council members and shall serve for a term of
two
(2) years.chanrobles virtual law librarychanrobles virtual law library
Sec. 58. Meetings and Quorum
The
Council shall hold regular meetings at least once every quarter.
Special
meetings may be convened by the Chairperson outside of the regular
meetings
as the need arises. The presence of eleven (11) members shall
constitute
a quorum. In the absence of the Chairperson and the Vice-Chairperson, a
presiding officer shall be elected by the majority of the members
present.chanrobles virtual law library
Sec. 59. Reports
All
PNAC member agencies shall submit to the Council quarterly progress
reports
and annual reports of the programs and projects on the prevention and
control
of HIV/AIDS of their respective agencies or organizations. The Council,
in turn, shall consolidate the reports of its member agencies for
submission
to the President and to both Houses of Congress on an annual basis.chanrobles virtual law library
Sec. 60. Technical Committee
A
Technical Committee shall be formed by PNAC to be composed of
representatives
from the different member agencies of the Council. This Committee shall
facilitate inter- and intra-agency coordination and monitoring of
HIV/AIDS
policies and programs and support PNAC in its functions.chanrobles virtual law librarychanrobles virtual law library
Sec. 61. Creation of Special Hiv/Aids
Prevention & Control Service
There
shall be created in the Department of Health a Special HIV/AIDS
Prevention
and Control Service (SHAPCS) which shall be headed by a Director and
staffed
by qualified medical specialists and support staff with permanent
appointments.
It shall implement programs on HIV/AIDS prevention and control. In
addition
it shall also serve as the Secretariat of the Council.chanrobles virtual law library
RULE
10
MISCELLANEOUS
PROVISIONS
Sec. 62. Rules of Interpretation
These
Implementing Rules and Regulations shall be interpreted in the light of
the provisions of the Constitution of the Republic of the Philippines
and
the declaration of policies under Sec. 2 of the Republic Act 8504.chanrobles virtual law library
Sec. 63. Separability Clause
In
the event that any part or provision of these Implementing Rules and
Regulations
is declared invalid for any reason, the other parts or provisions
thereof
not affected thereby shall continue to be in force and effect.chanrobles virtual law library
Sec. 64. Repealing Clause
All
pertinent laws, Presidential Decrees, Executive Orders, Rules and
Regulations
which are inconsistent with the provisions of these Implementing Rules
and Regulations are hereby repealed, amended or modified accordingly.chanrobles virtual law library
Sec. 65. Amendments
These
Implementing Rules and Regulations may be amended, modified or
supplemented
when necessary for effective implementation and enforcement of RA 8504.chanrobles virtual law library
Sec. 66. Effectivity
These
Implementing Rules and Regulations shall take effect fifteen (15) days
after its submission to the Office of the National Administrative
Register
chanrobles virtual law library
Sec. 67.chanrobles virtual law libraryApproved in the City of Manila, this thirteenth day of
April in the
year
of Our Lord, nineteen hundred and ninety-nine.
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