HIV law Flashcards
how are HIV transmitted
main:
mother to infant transmission
blood transfusion
infected needles
sex
possible:
breast feeding (possible)
kissing with sinaw (lil %age)
When was the first HIV case reported in the Philippines?
1984
How many total HIV cases were reported in the Philippines by June 2020?
78,559 cases
MALE - 94% (73, 729)
FEMALE - 6% (4, 819)
*male has a higher cases than women bcs of the improper sex practices (male to male, homosexual)
What is the most affected age group for HIV cases in the Philippines?
25-34 years old
What is the median age of people diagnosed with HIV in the Philippines?
28 years old
When did most of the cases get reported?
From Jan 2015 to June 2020 (71% of total cases)
71% (56, 105) of total diagnosed cases in the Philippines
What percentage of reported cases had advanced infection at the time of diagnosis?
13%
*of all reported cases has clinical manifestation of advanced infection at that time of reporting
which region has the highest proportion of newly diagnosed cases by region of residence from Apr to June 2020
NCR, Metro Manila
What law did this new HIV/AIDS act replace?
Republic Act No. 8504, The Philippine AIDS Prevention and Control Act of 1998
What organization was restructured under this law?
Philippine National AIDS Council (PNAC)
[he law changed and improved how this organization works.
Made stronger – Given more power and responsibility in fighting HIV/AIDS.
Better coordination – Ensures different government agencies, healthcare providers, and community groups work together effectively.
More funding – Receives government support to improve HIV/AIDS programs.
Improved policies – Updates rules to match current medical advancements and global standards.]
sections
total of 57 sections
- short title
- declaration of policies
- definition of terms
- PNAC, Philippine National AIDS Council
- functions
- memberships and composition
- secretariat
- AIDS medium term plan
- the role of DOH
- protection f human rights
- prevention program
- education in learning institutions
- education for parents and guardians
- education as right to health and information
- HIV and AIDS information as health service
- education in the workplace
- education for Filipinos going abroad
- information for tourists and transients
- education in communities
- education for key populations and vulnerable communities
- information of prophylactics
- misinformation on HIV and AIDS
- HIV Prevention Measure.
- comprehensive health intervention for key populations
- preventing mother-to child HIV transmission
- standard precaution on the donation of blood, tissue, or organ
- testing of organ donation
- guidelines on medical management, surgical and other related procedures
- HIV testing
- compulsory HIV testing
- mechanisms and standards on routine provider-initiated and
client-initiated HIV counseling and testing. - HIV testing for pregnant women
- treatment of persons living with HIV and AIDS
- access to medical services by indigents
- Economic Empowerment and Support
- Care and Support for Persons Living with HIV
- Care and Support for Affected Families, Intimate Partners, Significant Others and Children of People Living with HIV
- Care and Support Program in Prisons and Others Closed-Setting Institutions
- Non-discriminatory HIV and AIDS Services
- Protection of HIV Educators, Licensed Social Workers, Health Workers, and Other HIV and AIDS Service Providers from Harrassment
- Health Insurance and Similar Health Services.
- HIV and AIDS Monitoring and Evaluation
- Confidentiality
- Exceptions
- Disclosure of HIV-Related Test Results
- Disclosure to Persons with Potential Exposure to HIV
- Duty of Employers, Heads of Government Offices, Heads of Publicand Private Schools or Training Institutions, and Local Chief Executives
- Discriminatory Acts and Practices
- Penalties
- Penalties Collected
- Appropriations
- Transitory Provision
- Implementing Rules and Regulations
- Repealing Clause
- Separability Clause
- Effectivity
What are HIV and AIDS considered in the Philippines?
public health concerns that have wide ranging social, political and economic repercussions
how does the govt recognize and respond to Philippine’s HIV and AIDS situation
imbued with public interest and
shall be anchored on the principles of human rights and dignity
(= to protect filipino citizens who r infected and to not discriminate them)
What must the state respect, protect, and promote in the fight against HIV/AIDS
Human rights, as the cornerstones of an effective response
= provide education and information to the public as a basic right.
What forms of discrimination are prohibited under this law?
based on
-HIV status
- sex
- gender
- sexual orientation
- age
- economic status
- disability
- ethnicity.
[it violates their basic human rights, which are protected by the Philippine Constitution.
Discrimination makes it harder for people to get jobs, healthcare, and education, which can make their lives worse. Because of this, the government considers such discrimination a threat to the country’s well-being and must take action to stop it.]
Why is it important to include people living with HIV in decision-making?
inclusion and participation of persons directly and indirectly affected by the HIV and AIDS situation, especially persons living with HIV, are crucial in eliminating the virus
Is HIV testing mandatory under this law?
No, HIV testing must always be voluntary unless stated otherwise in the law.
What must the government guarantee regarding HIV testing?
Confidentiality and non-compulsory testing to protect people’s rights.
how does the State shall ensure the delivery of non-discriminatory HIV and AIDS services
[available to everyone without discrimination]
by government and private HIV and AIDS service providers
develop redress mechanisms for persons living with HIV to ensure that their civil, political, economic, and social rights (such as access to jobs, healthcare, and fair treatment) are protected.
why must the government establish policies and programs
to prevent the spread of HIV and deliver treatment, care, and support services to Filipinos living with HIV
the programs must be based on
- evidence-based strategies
- uphold the principles of
human rights
gender equality
age-appropriateness
= ensure that diff age grps receive the right kind of care and edu
*communities affects shld actively participate in these programs to make them more effective
how does the state adopt a multi-sectoral approach in responding to the country’s HIV and AIDS situation
involving different sectors, including:
Government agencies
Local communities
Civil society organizations (CSOs)
People living with HIV
*these groups must work tgt = create effective solutions for HIV/AIDS prevention and treatment
how does the govt ensure access to HIV/ AIDSwhen many ppl avoid getting tested or treated due to fear of being judged
by removing stigma and discrimination
*to prevent the spread of HIV, the govt must eliminate root causes such as
- poverty
- gender inequality
- marginalization
- ignorance
refers to a health condition where these is a deficiency of immune system that stems from infection with the Human Immunodeficiency Virus or HIV, making an individual
susceptible to opportunistic infections
Acquired Immune Deficiency Syndrome (AIDS)
- not disease but a condition
- state of immunity in a person
refers to the treatment that stops or suppresses viral replication or replications of a retrovirus like HIV,
thereby slowing down the progression of infection
Anti-retroviral Therapy (ART)
- treatment current available
refers to any severe or repeated use by one or more persons of a written, verbal or electronic expression, or a physical act of gesture, or any combination thereof, directed at another person that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to one’s property; creating a hostile environment for the other person; infringing on the rights of another persons; or materially and substantially disrupting the processes or orderly operation of an institution or organization
bullying
refer to groups of nongovernmental and noncommercial individuals or legal entities that are engaged in non-coerced collective action around shared interests, purpose and values
Civil Society Organizations (CSOs)
- share interest, purpose and values
refers to study undertaken in community settings, which involve community members in the design and implementation of research projects
Community-Based Research
refers to evidence based policies, programs, and approaches that aim to reduce transmission of HIV and its harmful consequences on health, social relations and economic conditions
Comprehensive Health Intervention for Key Populations
refers to HIV testing imposed upon an individual characterized by lack of consent, use of force or intimidation, the use of testing as a prerequisite for employment or other purposes, and other circumstances when informed choice is absent
Compulsory HIV Testing
- cannot be forced
refers to unfair or unjust treatment that distinguishes, excludes, restricts, or shows preferences based on any ground such as sex gender, age, sexual orientation, gender identity and expression, economic status, disability, ethnicity, and HIV status, whether actual or perceived, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons similarly situated, of all their rights and freedoms
discrimination
refers to a person’s involvement in certain activities that increase the risk of transmitting or acquiring HIV
High-risk Behavior
high risk:
- male to male
- gays
- sexual workers
- healthcare personnel
refers to the virus, of the type called retrovirus, which infects cells of the human immune system, and destroys or impairs the cells’ function. Infection with HIV results in the progressive deterioration of the immune system. Leading to immune deficiency
Human Immunodeficiency Virus (HIV)
- leading to immune deficiency
refers to any individual trained by an institution or organization accredited by the Department of Health (DOH) to provide counseling services on HIV and AIDS with emphasis on behavior modification
HIV and AIDS Counselor
refers to the documentation and analysis of the number of HIV and AIDS infections and the pattern of its spread
HIV and AIDS Monitoring
- given serial # when +ve to monitor
where do positive HIV infected people go to for theraphy
San Lazaro Hospitals
- they identify patients by giving them serial no. not surname
refers to measures aimed at protecting non-infected persons from contracting HIV and minimizing the impact of the condition on persons living with HIV
HIV and AIDS Prevention and Control
refers to the absence of HIV or HIV antibodies upon HIV testing
HIV-Negative
refers to the presence of HIV infection as documented by the presence of HIV and HIV antibodies in the sample being tested
HIV-Positive
refers to any facility-based, mobile medical procedure, or community-based screening modalities that are conducted to determine the presence or absence of HIV in a person’s body. HIV testing is confidential, voluntary in nature and must be accompanied by counseling prior to and after the testing, and conducted only with the informed consent of the person
HIV Testing
refers to the voluntary agreement of a person to undergo or be subjected to a procedure based on full information, whether such permission is written or conveyed verbally
Informed Consent
refers to illnesses caused by various organism, many of which do not cause diseases in persons with healthy immune system
Opportunistic infections
refers to any individual diagnosed to be infected with HIV
Person Living with HIV (PLHIV)
refers to the process of providing an individual with information on the biomedical aspects of HIV AIDS, and emotional support to any psychological implications of under going HIV testing and the test result itself before the individual is subjected to the test
Pre-test Counseling
refers to a preventive medical treatment started immediately after exposure to pathogen(HIV) in order to prevent infection by the pathogen and the development of the disease
Post-exposure Prophylaxis
prophylaxis - take meds prior to exposure, who have risk behavior
refers to the process of providing risk-reduction information and emotional support to a person who submitted to HIV testing at the time the result is released
Post-test Counseling
refers to the dynamic devaluation and dehumanization of an individual in the eyes of others, which may be based on attributes that are arbitrarily defined by others as discreditable or unworthy, and which results in
discrimination when acted upon
Stigma
refer to private and public hospitals or medical establishments accredited by the DOH to have the capacity and facility to provide treatment and care services to PLHIV
Treatment hubs
PNAC stand for
Philippine National AIDS Council
Under which law was PNAC first established?
Republic Act No. 8504 (Philippine AIDS Prevention and Control Act of 1998)
however under the new law, PNAC will be reconstituted and streamlined to better implement HIV/ AIDS programs
how is PNAC funded
PNAC shld be an ageny attached to the DOH
through a separate budget under the General Appropriations Act (GAA)
*it shall have its own secretariat and staffing pattern that shall beheaded by an executive order
Who leads the PNAC’s secretariat and staff
An Executive Director
what are the functions
- Developing the AIDS Medium Term Plan (AMTP) in collab w
- Government agencies
- Civil society organizations (CSOs)
- The People Living with HIV (PLHIV) community
-Other stakeholder - Ensure the operationalization and implementation of the AMTP
[must make sure it is put into action = coordinate efforts among diff org and monitor progress] - Monitor the progress of the response to the country’s HIV and AIDS situation
[track and assess the effectiveness - collect data and evaluate where policies and programs achieve their goals] - Identify gaps in the national response on the part of government agencies and its partners from civil society and international organizations, in order to develop and implement the initial interventions required in these situations
[find problems or weakness then develop and implement solutions]
Who are eligible to be members of PNAC?
Government agencies or CSOs that:
- direct contribution to the performance of the core functions of the council
- oversight
- direction setting
-policy making - have existing programs, services and activities that directly contribute to the achievement of the AMTP
- with existing constituencies that are targeted by the AMTP’s objectives and activities
[ meaning they work directly with groups affected by HIV/AIDS]
PNAC includes representatives from
- key government agencies
- legislative bodies
- civil society organization
GOVERNMENT AGENCIES
- Department of Health (DOH)
- Department of Education (DepEd)
- Department of Labor and Employment (DOLE)
- Department of Social Welfare and Development (DSWD)
- Department of the Interior and - Local Government (DILG)
- Civil Service Commission (CSC)
- Commission on Higher Education (CHED)
- National Youth Commission (NYC)
- Philippine Information Agency (PIA)
- Department of Budget and Management (DBM)
LEGSLATIVE REPRESENTATIVE
- Chairperson of the Senate Committee on Health and Demography (or their representative)
- Chairperson of the House Committee on Health (or their representative)
CIVI SOCIETY AND PRIATE SECTOR REPRESENTATIVE
- 2 representatives from organizations of persons living with HIV/AIDS
- 1 representative from a private organization with expertise in standard setting and service delivery
- 6 representatives from NGOs working with key populations affected by HIV/AIDS
PNAC Leadership
PNAC LEADERSHIP
- Secretary of Health serves as the permanent Chairperson of PNAC.
Who is the permanent Chairperson of PNAC?
The Secretary of Health
NASPCP
The National HIV and AIDS and STI Prevention and Control Program (NASPCP)
- a specialized program under DOH that:
staffed with qualified medical specialists and support personnel
has a permanent yearly budget
works with PNAC to implement HIV, AIDS, and STI health programs
What is the role of the Epidemiology Bureau in HIV/AIDS control?
- responsible for monitoring and evaluating HIV and AIDS cases in the country.
- collects, analyzes, and manages data related to HIV/AIDS to help guide public health policies and interventions.
*goal is to ensure that HIV/AIDS trends are tracked accurately to support effective prevention, treatment, and care strategies.
[Manages NASPCP, which leads the health sector response
Coordinates with PNAC to align efforts with the AIDS Medium Term Plan (AMTP)
Funds and staffs HIV/AIDS programs with qualified medical experts]
What must be done before accepting a blood, tissue, or organ donation?
All donations must be tested for HIV before being accepted by a laboratory or medical institution.
What happens if a donor whose blood, organ or tissue has been tested positive for HIV?
cannot donate blood, tissue, or organs.
must be notified of their HIV status.
will receive counseling and medical care referrals.
Can HIV-positive donations be used for medical purposes?
No, but they may be used for research purposes under strict sanitary disposal requirements
Can a patient request a second HIV test before receiving a donation?
Yes
the recipient or their immediate relatives can demand a second test before transfusion or transplant
*except in emergency cases - as there is a long process before approval
ate what age can minors get tested for HIV without parental consent
(15 to below 18 years old)
- can voluntarily consent to HIV testing without needing permission from a parent or guardian
Can children under 15 get tested for HIV?
Yes, but only if:
- are pregnant
- are engaged in high-risk behavior
*A licensed social worker or health worker MUST assist them during the testing.
Does a child under 15 need parental consent for HIV testing?
No
The child’s own consent is enough, as long as they meet the criteria for testing (pregnant or at high risk).
when is HIV testing compulsory
Revised Penal Code, Anti-Rape Law
The Family Code of the Philippines
Organ Donation Act
National Blood Services Act (prior to donate)
- also prior to surgery daw
Is HIV testing generally compulsory in the Philippines?
No
HIV testing is usually voluntary, except in certain legal and medical situations.
what does the DOH provide for people living with HIV (PLHIV)?
Free and accessible Antiretroviral Therapy (ART) and medications for opportunistic infections - to those who are enrolled in the program
*DOH will designate public and private hospitals as treatment hubs for HIV and AIDS care.
What will the DOH develop for managing PLHIV
manual of procedures for the proper management and treatment of PLHIV
what are the acts that violate confidentiality
- Unlawful Disclosure of HIV Information
- illegal to share any information about a person’s HIV status, testing, exposure, or treatment without written consent
- except in specific cases under Section 45 of the law - Media Disclosure
- unlawful for editor, publisher, reporter or columnist
- in any media outlet (printed materials, radio, TV, film, or social media) cannot publish or broadcast information that can identify a person living with HIV without written consent.
- includes names, pictures, or any details that can reveal someone’s HIV and AIDS status info.
Are there exceptions to HIV confidentiality laws?
Yes
If a person voluntarily reveals their own HIV status (e.g., on social media), confidentiality laws may no longer apply.
laws that allows exceptions to HIV confidentiality in media:
- Republic Act No. 10175 (Cybercrime Prevention Act of 2012)
- Republic Act No. 10173 (Data Privacy Act of 2012)
what are the specific situations where HIV-related info may be disclosed while still ensuring confidentiality
- DOH Surveillance Reporting
- DOH requires hospitals and health agencies to report HIV cases for public health monitoring
- However, personal identity must remain confidential in these reports - Health Workers Involved in Treatment
- Doctors, nurses, and other medical personnel directly caring for a person with HIV can be informed of the patient’s status.
- Required to follow shared medical confidentiality, meaning they cannot disclose the information to unauthorized individuals. - Legal Proceedings with Subpoenas
- If a court orders the release of HIV-related information through a subpoena duces tecum (for documents) or subpoena ad testificandum (for testimony), it may be disclosed.
-Medical records must be anonymous.
- The head of the medical office must verify the records, seal them securely, and hand-deliver them to the judge for personal review.
Who Can Receive HIV Test Results?
Only the individual who took the test can receive their results from a trained service provider.
[The trained service provider who conducted the pre-test and post-test counseling is responsible for delivering the results]
Who can receive the test results if the patient is below 15, an orphan, or mentally incapacitated?
parent
legal guardian
duly assigned licensed social worker
health worker.
*a minor (below 15) is capable to receive if they are mentally capable and gave voluntary, informed consent
given that, age-appropriate counseling, healthcare access and sufficient support services
who should an HIV-positive person disclose their status to?
they are strongly encouraged to disclose to
-spouse
- sexual partner
- anyone at risk before engaing in activities that may expose others to HIV
Who can help a person with HIV disclose their status?
may seek help from qualified professionals including
- medical professionals health workers
- peer educators
- social workers to support in disclosing this health condition to one’s partner or spouse
who shall establish an enabling enviro to encourage newly tested HIV positive individuals to disclose their statue to partners
DOH through the PNAC
what are some of the discriminatory acts and practices
- Discrimination in the Workplace
- Discrimination in Learning Institution
- Restriction on Travel and Habitation
- Restrictions on Shelter.
- Prohibition from Seeking or Holding Public Office
- Exclusion from Credit and Insurance Services
- Discrimination in Hospitals and Health Institutions
- Denial of Burial Services
- Act of Bullying
- Other similar or analogous discriminatory actDiscrimination in the Workplace
- Discrimination in Learning Institution
- Restriction on Travel and Habitation
- Restrictions on Shelter.
- Prohibition from Seeking or Holding Public Office
- Exclusion from Credit and Insurance Services
- Discrimination in Hospitals and Health Institutions
- Denial of Burial Services
- Act of Bullying
- Other similar or analogous discriminatory acts
what are the penalties on Misinformation on HIV and AIDS
1 to 10 years imprisonment
fine between ₱50,000 - ₱500,000, or both.
what are the penalties on Knowingly or Negligently Infecting Another Person with HIV in the course of the practice of profession
6 to 12 years imprisonment
plus possible fines and professional sanctions (e.g., suspension/revocation of licenses).
*no fines
what are the penalties on Harassment of HIV and AIDS Service Providers
6 months to 5 years imprisonment
and a fine between ₱100,000 - ₱500,000.
what are the penalties on Health insurance and similar services shall, upon conviction
6 months to 5 years imprisonment
and/or a fine of at least ₱50,000, at the court’s discretion.
[Discrimination in Health Insurance & Similar Services]
what are the penalties on Breaching Confidentiality of an HIV Patient
Penalty: 6 months to 2 years imprisonment
and/or a fine of ₱50,000 - ₱150,000.
what are the penalties on Mass Dissemination of a Person’s HIV Status of a person
2 years and 1 day to 5 years imprisonment
fine of ₱150,000 - ₱350,000.
*which includes: spreading the info online or making statements to the media
what are the penalties on Confidentiality Breach by Professionals
5 years and 1 day to 7 years imprisonment
fine of ₱350,000 - ₱500,000.
*professionals include:
- health professional
- medical instructor
- worker
- employer
- recruitment agency
- insurance company
- data encoder
- other custodian
*of any medical record, file, data or test results
