Module 2 (Ra 8504)

Philippine National AIDS Council
At the end of the module, the participants should be able to:

understand the significance of the law in the campaign to halt the spread of the disease; gain a better grasp of the key features of R.A. 8504; and know the penalties imposed for prohibited acts.
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
Dec. 3, 1992: Issuance of E.O. 39, which created the PNAC
Feb. 13, 1998: Enactment of R.A. 8504

April 13, 1999: Promulgation of the Implementing Rules and Regulations of R.A. 8504
Acquired Immune Deficiency Syndrome (AIDS) is a disease that recognizes no territorial, social, political and economic boundaries, and has no known cure up to this day;
The gravity of the AIDS threat

demands strong state action.
Promotion of public awareness thru a

comprehensive nationwide educational & information campaign;
Full protection of the human rights and

civil liberties of every person suspected or known to be infected with HIV & AIDS;
Promotion of utmost safety and universal precautions; Positively addressing and seeking to eradicate conditions that aggravate the spread of HIV infection; and Participation of affected individuals in the educational and information campaign.
Elementary pupils should be provided with information on STI, HIV, and AIDS.
All employers should provide all their employees and workers with information on STI, HIV & AIDS.
PLHIVs cannot run for an elective position. All PLHIVs should be isolated.
All deceased PLHIVs should be cremated immediately.

HIV status could be the basis for non-hiring of a prospective employee or the termination of an employee. The HIV status of a patient should be disclosed to all hospital staff.
A medical personnel has the right to deny services to a PLHIV.

It is the responsibility of the PLHIV to disclose his/her status to his/her partner. The government should provide condoms to prevent the spread of HIV.
Article I Education and Information Article II Safe Practices and Procedures Article III Testing, Screening, and Counseling Article IV Health and Support Services
Article V Monitoring Article VI Confidentiality

Article VII Discriminatory Acts and Policies Article VIII The PNAC
Parents, students, teachers, and school officials Health practitioners, health workers, & personnel Clients of health practitioners, health workers and personnel, whether inpatient or out-patient
Employers and their employees, whether in the private or government sector
Filipinos going abroad

Tourists and transients Communities
Those who have a relatively higher risk of acquiring or transmitting HIV

Schools (public and private), training centers, non-formal and indigenous learning systems
Hospitals, clinics, and other health institutions Workplace (private and public) Pre-Departure Orientation Seminar for Filipinos going overseas International ports of entry and exit Local communities
Definition of HIV and AIDS Causes & Modes of Transmission Consequences of Infection Means of Prevention
Misleading or deceptive advertisement
claiming temporary or permanent cure Promotional marketing of drugs, devices, agents, or procedures without approval from the Food and Drugs Administration Inaccurate lab data, statistics, and scientific data from doubtful sources
It is the observation of
general safety measures for the prevention of infection in the health care setting.
Universal precaution should be practiced for surgery, dental work, embalming, tattooing, etc. Donated blood, tissue, and organs should be tested for HIV
Compulsory HIV testing is STRICTLY PROHIBITED. HIV testing should be voluntary and with consent.
a) Upon court order when the person is charged with any of the following crimes: administering injurious substances, rape, qualified seduction, and simple seduction
b) When complying with the provisions of R.A. No. 7170, or the Organ Donation Act c) When complying with R.A. 7719, or the National Blood Services Act
Exceptions to the Prohibition on Mandatory testing
d) Upon court order when the determination of ones HIV status is necessary to resolve relevant issues under the Family Code
(ex. Annulment of marriage on the ground of concealment of STI existing at the time of the marriage; or on the ground that one of the parties was afflicted with an STI found to be serious & apparently incurable)
A person volunteers or freely agrees to donate his/her blood, organ, or tissue for transfusion, transplantation, or research; A donation is executed in accordance with Section 4 of R.A. 7170 (Organ Donation Act)
All testing centers are required to provide pre- and post-test counseling Only qualified personnel are allowed to provide pre- and post-test counseling
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 test results for the National AIDS Registry Justice of the Court of Appeals or the Supreme Court in cases falling under Sec. 17 of the law
Basic hospital-based services for PLHIVs

Community-based prevention and care services for PLHIVs and MARPs
Livelihood programs and trainings for all PLHIVs

Prevention and control program for STI to help contain the spread of HIV infection Package of insurance benefits for PLHIVs
Why do we have to monitor HIV and AIDS? To evaluate the adequacy and efficacy of countermeasures To determine the magnitude and progression of HIV and AIDS in our country
Institutionalizing the National AIDS Registry
Reporting all cases in hospitals, clinics, laboratories and accredited testing centers
Ensuring the anonymity of those tested
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 PLHIV When responding to the formal process issued by the court with jurisdiction over a legal proceeding where the main issue is the HIV status of an individual
For Misleading Information:

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

Imprisonment for 6 to 12 years without prejudice to the imposition of administrative sanctions such as fines and suspension or revocation of professional license Cancellation or withdrawal of permit to operate business entity or accreditation of hospital, laboratory or clinic
For Violating Confidentiality

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

Imprisonment for 6 months and a fine not exceeding P10,000 Revocation of licenses or permits of schools, hospitals, and other institutions guilty of discrimination
17 Government Organizations (GOs) Representatives from 6 NonGovernment Organizations (NGOs) Representatives from 2 Medical/Health Professional groups A representative of PLHIVs
Guided by the twin principles that HIV and AIDS can affect anyone and remains incurable & that the government should act to deal with the threat of an epidemic, R.A. 8504 is the policy backbone of all HIV and AIDS programs in the country.
R.A. 8504 mandates the following: Strict prohibition on compulsory HIV testing Strict medical confidentiality in the handling of medical records of PLHIVs or those who get tested for HIV Prohibition on certain acts and policies that discriminate against PLHIVs & the imposition of corresponding penalties for violations Eradication of conditions that fuel the spread of HIV Monitoring of the epidemic to determine its magnitude & progression to inform the country response PNAC functions, jurisdiction & composition

Module 2 (Ra 8504)

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Philippine National AIDS Council

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

Philippine National AIDS Council

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

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

Philippine National AIDS Council

The gravity of the AIDS threat

Philippine National AIDS Council

Promotion of public awareness thru a

Full protection of the human rights and

Philippine National AIDS Council

Philippine National AIDS Council

All deceased PLHIVs should be cremated immediately.

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

Article V Monitoring Article VI Confidentiality

Philippine National AIDS Council

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

Filipinos going abroad

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

Philippine National AIDS Council

Philippine National AIDS Council

Misleading or deceptive advertisement

Philippine National AIDS Council

Philippine National AIDS Council

Philippine National AIDS Council

Philippine National AIDS Council

Philippine National AIDS Council

Exceptions to the Prohibition on Mandatory testing

Philippine National AIDS Council

Philippine National AIDS Council

Philippine National AIDS Council

Philippine National AIDS Council

Basic hospital-based services for PLHIVs

Livelihood programs and trainings for all PLHIVs

Institutionalizing the National AIDS Registry

Philippine National AIDS Council

When complying with requirements for monitoring procedures

Philippine National AIDS Council

For Misleading Information:

Philippine National AIDS Council

For Unsafe Practices & Procedures

For Violating Confidentiality

Philippine National AIDS Council

For Discriminatory Acts

Philippine National AIDS Council

Philippine National AIDS Council

Philippine National AIDS Council

Philippine National AIDS Council

Philippine National AIDS Council

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