HIV/AIDS LAW

Question 1

REPUBLIC ACT 8504

Answer 1

Philippine AIDS Prevention and Control Act of 1998 (February 13, 1998)

Question 2

REPUBLIC ACT 11166

Answer 2

Philippine HIV and AIDS Policy Act (December 20, 2018)

Question 3

Article II: Safe Practices and Procedures

Answer 3

Section 12: Requirement on the Donation of Blood, Tissue and Organ
Section 14: Penalties for Unsafe Practices and Procedures

Question 4

Section 12: Requirement on the Donation of Blood, Tissue and Organ
* All tissue, organ and blood donated should be tested and be _______ for HIV. All HIV _______ shall be disposed properly
* Second testing may be performed upon request _______ ___ _________ _____
* Donations for HIV positive organs, tissues and blood may only be accepted ____ __________ __________ and should be disposed properly after using.

Answer 4

negative; positive; EXCEPT IN EMERGENCY CASES; FOR RESEARCH PURPOSES

Question 5

Section 14: Penalties for Unsafe Practices and Procedures
* Any person KNOWINGLY or _________ infects another with HIV due to unsafe and unsanitary procedure
o PENALTY: _____ years imprisonment (criminal punishment) without prejudice to imposition of administrative sanctions:
 _____ and revocation of license to practice (administrative punishment) → undergoes investigation
* Permits or license and accreditations of a business entity (hospitals, laboratory and clinics) may also be ________ or WITHDRAWN if failed to maintain safe practices and procedures.

Answer 5

NEGLIGENTLY; 6-12; Fines; CANCELLED

Question 6

Article III: Testing, Screening and Counseling

Answer 6

Section 15: Consent as a Requisite For HIV Testing
Section 17: Exception to the prohibition of compulsory testing
Section 18: Anonymous HIV Testing
Section 19: Accreditation of HIV Testing Centers
Section 20: Pre-test and Post-test Counseling

Question 7

Section 15: Consent as a Requisite For HIV Testing
* ___ __________ ___ ________ _________, written informed consent must be obtained
* ______ (Automatic Consent) is considered given if: Voluntary donation of blood, organ or tissue for transfusion, transplantation or research

Answer 7

NO COMPULSORY HIV TESTING ALLOWED; Consent

Question 8

Section 17: Exception to the prohibition of compulsory testing
* When a person is charged with any crimes ________ ____ ______ _____ ____
* When the determination of the HIV status is necessary to resolve the relevant issue under Family Code of the Philippines
o E.g., annulment of marriage on the ground of _________ of STI at the time of marriage or on the ground of one of the parties is afflicted with and STI found to be serious and apparently incurable.
o Ground for annulment: if STI of an individual was not disclosed before marriage
* When complying with the provision of RA _____ (Organ Donation Act) and RA _____ National Blood Services Act)

Answer 8

punishable under Revised Penal Code; concealment; 7170; 7719

Question 9

Section 18: Anonymous HIV Testing
* Disclosing of patient’s/client’s name is not required
* A ____ that is given by a HIV counselor is rather used for label purposes (H-0138)

Answer 9

code

Question 10

Section 19: Accreditation of HIV Testing Centers
* Confirmatory is done at ___ _______ ________

Answer 10

San Lazaro Hospital

Question 11

Section 20: Pre-test and Post-test Counseling
* Patients are not allowed to _______ subject themselves to testing. Pre and posttest counseling is required.
* Counseling services should be provided only by persons who meet the standards set by the ___

Answer 11

directly; DOH

Question 12

Article VI: Confidentiality

Answer 12

Section 30: Medical Confidentiality
Section 31: Exceptions to the Mandate of Confidentiality
Section 32: Release of HIV/AIDS Test Results
Section 33: Penalties for Violations of Confidentiality
Section 34: Disclosure to Sexual Partners

Question 13

Section 30: Medical Confidentiality
 All medical records (especially the identity and status) of persons with HIV should be ________ _________

Answer 13

STRICTLY CONFIDENTIAL

Question 14

Section 31: Exceptions to the Mandate of Confidentiality
 When complying with reportorial requirements in conjunction with the _______________
 When informing other health workers ________ involved or about to be involved in the treatment or care of a person with HIV/AIDS
 When responding to a subpoena ____ ______ and subpoena __ __________

Answer 14

AIDSWATCH programs; directly; duces tecum; ad testificandum

Question 15

Section 32: Release of HIV/AIDS Test Results
 Results should only be released to the following persons:
o the person who submitted himself/herself to the such test
o either _____ of a minor child who has been tested
o legal guardian in the case of _____persons or ______
o a person ________ to receive, in conjunction with AIDSWATCH program
o a justice of the _____ __ ______ or the Supreme Court

Answer 15

parent; insane; orphans; authorized; Court of Appeals

Question 16

Section 33: Penalties for Violations of Confidentiality
 ____________________ imprisonment
 Administrative sanctions:
 Fines, suspension or ________ of license
 Cancellation or withdrawal of license to operate (business entity) and _____________ (hospitals, laboratories or clinics)

Answer 16

6 months to 4 years imprisonment; revocation; accreditation

Question 17

Article VIII: Discriminatory Acts and Policies
SUMMARY: Avoid discrimination of people with HIV in __________, SCHOOLS,TRAVEL AND __________, PUBLIC SERVICE, _______ AND INSURANCE SERVICES, HOSPITALS AND _______ __________ and _______ SERVICES.
PENALTIES: All discriminatory acts and policies referred to in this Act shall be punishable with a penalty of imprisonment for ___ months to four years and a fine not exceeding P__, 000.00. In addition, license/permits of schools, hospitals and other institutions found guilty of committing discriminatory acts and policies described in this Act shall be ______.

Answer 17

WORKPLACE; HABITATION; CREDIT; HEALTH INSTITUTIONS; BURIAL

six; 10; revoked