(M) L4.2: RA 11166 - HIV Law Flashcards
This law strengthens the Philippine Comprehensive Policy on _____ and ______ prevention, treatment, care, and support
HIV and AIDS
These are taken for prevention, examples are chloroquine (for malaria) and vitamins
Prophylactic Drugs
When was the first case of HIV in the Philippines recorded?
1984
When was mandatory HIV screening for blood units in the country implemented?
1989
What law is this?
“Mandatory HIV screening for blood units in the Philippines”
AO 57 s. 1989
When was the Philippine National AIDS Council (PNAC) created?
December 3, 1992
What does PNAC stand for?
Philippine National AIDS Council
What law created the Philippine National AIDS Council (PNAC)?
EO 39 s. 1992
When was the Philippine AIDS Prevention and Control Act (PAPCA) signed?
February 13, 1998
What does PAPCA mean?
Philippine AIDS Prevention and Control Act
What law is this?
“Philippine AIDS Prevention and Control Act of 1998 (PAPCA)”
RA 8504
When was the RA 11166 signed?
December 20, 2018
What is the name of RA 11166?
Philippine HIV and AIDS Policy Act of 2018
When is MT Week celebrated?
3rd Week of September
When is Drug and Prevention Control Week celebrated?
3rd Week of November
When is World AIDS Day celebrated?
December 1
When is Blood Donor’s Week in the Philippines?
Second week of July
A major addition to RA 11166 states that individuals aged ____ years and above don’t need parental consent to get tested
15
What is the treatment for people living with HIV (PLHIV)?
Free Anti-Retroviral Therapy (ART)
This entity shall establish a program that will provide free and accessible ART medication for people infected with HIV who are enrolled in the program
DOH
Definition of Terms:
> the use of prescription drugs for the prevention of HIV
> an optional treatment
> may be taken by those who are negative but at higher-risk for developing it
Pre-exposure Prophylaxis
T or F: Prophylaxis medication cannot be taken by those who test negative for HIV, only those who are positive
False (may be taken by those who are negative but at higher-risk for developing it)
Definition of Terms:
> a preventive medical treatment that starts immediately after exposure to HIV in order to prevent infection and disease development
Post-exposure Prophylaxis
This agency is attached to the DOH which has the primary task of ensuring the implementation of the country’s response to HIV and AIDS
Philippine National AIDS Council (PNAC)
What law did RA 11166 repeal?
RA 8504
This is a form of testing attended by the lack of consent and is considered unlawful
Compulsory HIV Testing
Health professionals are directed to observe confidentiality especially in what 2 factors?
Identity and Status of HIV patients
T or F: The right to privacy includes both prohibiting oneself with direct and indirect identities
True
Refers to a prejudicial act of making distinctions or showing partiality in the granting of privileges or services to a person on the basis of their actual or perceived HIV status
Discrimination
Discrimination shall be considered ______ to individual and national interest
Inimical
T or F: People living with HIV shall be entitled to different employment rights, benefits, and opportunities with others
False (same)
T or F: HIV-infected employees shall act responsibly to protect their own health and prevent transmission
True
The State shall promote utmost ______ and _______ in practices and procedures that carry the risk of HIV transmissions
Safety and Universal Precautions
In this law, all specimens must be treated as ______
Infectious
Definition of Terms:
Unfair/unjust treatment that distinguishes, excludes, restricts, or shows preferences based on any grounds
Discrimination
Definition of Terms:
Dynamic devaluation and dehumanization of an individual in the eyes of others
Stigma
Definition of Terms:
Severe or repeated abuse in the form of written, verbal, electronic expression, or physical gesture
Bullying
This type of testing revolves around the identity of the individual being tested being protected/unknown
Anonymous Testing
A written informed consent must be obtained first from who?
Clue: 3 answers
1.Person at least 15 years old
2.Parent/Legal guardian (if below 15)
3. Licensed social/health worker (if parents cannot be located or refuse to consent)
A written informed consent from the parents is only applicable if the person being tested is ________
Below 15 years old
A written informed consent from the social/health worker is only applicable if _______
Parents of client:
- cannot be located
- refuse to consent
If HIV testing is made compulsory as a pre-condition to employment, school admission, medical service provision, or any other service, it is deemed _______
Unlawful
This is given in donating blood, organs, or tissue for the purposes of transfusion, transplantation, and research
Lawful Consent (to HIV testing)
A client can ask for a retest for HIV, except when?
During emergency cases
T or F: HIV positive samples are used for training/research purposes
True
Exceptions to the Prohibition of Compulsory Testing (give the law):
When resolving issues relevant to the Family Code (e.g. separation and annulment)
EO 209
Exceptions to the Prohibition of Compulsory Testing (give the law):
When complying with the requirements in organ/blood donation
RA 7170 (organ) and RA 7719 (blood)
Exceptions to the Prohibition of Compulsory Testing (give the law):
When the person is charged with serious/slight physical injuries and simple seduction
RA 8553 (Anti-Rape Law of 1997)
This shall be conducted in every circumstance by a social worker, healthcare provider, or other healthcare professional accredited by the DOH or DSWD
Counseling
In order for a professional to administer counseling, they must be accredited by?
DOH or DSWD
What type of counseling?
Explains the procedure and mode of transmission to prevent transmission (done before testing)
Pre-counseling
What type of counseling?
Explains what the results mean and what to do if they tested positive
Post-counseling
Definition of Terms:
Recognizing the developmental changes in the cognitive abilities and capacity for self-determination undergone by children as they age
Evolving Capacities of a Child
Definition of Terms:
This allows for children’s participation in opportunities for autonomous decision-making
Evolving Capacities of a Child
Definition of Terms:
The legal principle that recognizes the capacity of some minors to consent independently to medical procedures
Mature Minor Doctrine
Definition of Terms:
Conducted to determine the presence/absence of HIV within a person’s body
HIV Testing
Definition of Terms:
The absence of HIV and its antibodies
HIV-Negative
Definition of Terms:
The presence of an HIV infection and its antibodies
HIV-Positive
Definition of Terms:
Voluntary agreement to undergo a procedure based on full information where written or verbally conveyed
Informed Consent
Definition of Terms:
HIV testing imposed upon by lack of consent, use of force/intimidation, the use of testing as a prerequisite for employment and other purposes, and other circumstances where informed choice is absent
Compulsory HIV Testing
T or F: Compulsory HIV testing is permitted by the law
False (prohibited)
Definition of Terms:
An interpersonal and dynamic communication process between a client and a trained counselor
HIV Counseling
The HIV status and ID of the patient must be strictly ______
Confidential
Violations of Confidentiality and Privacy:
Disclosure of HIV and AIDS information without the ______ of the patient
Written consent
Violations of Confidentiality and Privacy:
_____ disclosure without written consent
Media
Exceptions to the Mandate of Confidentiality:
Compliance with the _______ requirements of DOH
Reportorial
Exceptions to the Mandate of Confidentiality:
Informing other health workers who are directly involved in the _________ of a person living with HIV
Treatment or care
Exceptions to the Mandate of Confidentiality:
When responding to ______ from courts of competent jurisdiction
Subpoenas
What type of subpoena?
You bring the evidence before the court
Subpoena Duces Tecum
What type of subpoena?
You testify before the court
Subpoena ad Testificandum
To whom can the results be released to?
Clue: 3 answers
- Person who was tested
- Parent/legal guardian of a minor
- Authorized person in conjunction with the DOH Monitoring Body
When releasing test results to a minor, aside from the parents, who can also receive the results if the person is mentally incapacitated?
Duly assigned licensed social/health worker
In RA 8504, what is the DOH Monitoring Body called?
AIDSWATCH
Go over the PNAC Functions in the transes kasi parang di siya worth gawan ng cards
Go na
Go over the PNAC Member Selection Criteria in the transes kasi parang di siya worth gawan ng cards
Go na
The members of PNAC (except for government agencies) shall be appointed by who?
President of the Philippines
The members of PNAC shall be appointed NOT LATER than how many days after the enactment of RA 11166?
30 days
The PNAC shall meet at least once every ______
Quarter (4 meetings in a year)
A PNAC meeting shall be in the presence of who?
Clue: 2 answers
- Chairperson or Vice Chairperson
- At least 10 other PNAC members
Who is the PERMANENT chairperson of PNAC?
Secretary of Health
The PNAC Vice Chairperson was elected from ______ members
Government Agency
How long is the term of office for the PNAC Vice Chairperson?
3 years
The PNAC members represent who?
Civil Society Organizations (CSOs)
How long is the term of office for the PNAC Members?
3 years
A PNAC member’s term of office can be renewable upon the recommendation of ______
The Council
A PNAC member’s term of officer can be renewable upon recommendation of the Council for a maximum of how many consecutive terms?
2
The Secretariat shall be headed by who?
An Executive Director
The Secretariat shall be headed by an Executive Director under the direct supervision of who?
PNAC Chairperson
Go over the functions of the Secretariat in the transes
Go na
T or F: An expressed consent = an expressed waiver
True
T or F: An implied consent = an implied waiver
True
T or F: A written consent from the person taking the test must be taken first before testing
True
This is indirectly given by reason of operation of law
Implied Consent/Waiver
Refers to treatments that stop or suppress viral replications of retroviruses like HIV therefore slowing down the progression of infection
Anti-Retroviral Therapy (ART)
T or F: ART can eliminate HIV
False (only slows down the replication and progression of infection)
ART is given to HIV-positive individuals as what?
Prophylaxis
Process by which the client who has a sexually transmitted disease is given support in order to notify and advise their partners that have been exposed to the infection
Partner Notification
Refers to the way a person communicates gender identity to others through behavior, clothing, hairstyles, communication/speech pattern, or body characteristics
Gender Expression
Personal sense of identity as characterized by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions
Gender Identity
The direction of emotional, sexual attraction, or conduct towards:
> people of the same sex (homosexual)
> people of both sexes (bisexual)
> people of the opposite sex (heterosexual)
> an absence of sexual attraction (asexual)
Sexual Orientation
RA 11166 was signed into law how many years after the first HIV/AIDS law in the country (RA 8504)?
20 years (from 1998 to 2018)
RA 11166 helps in expanding access to ______-based HIV prevention strategies
Evidence-based
RA 11166 hopes to embed HIV/AIDS in ______ by tasking PhilHealth to develop a revised benefit package (medication and diagnostics) for in-patients and out-patients
Universal Health Care
RA 11166 hopes to embed HIV/AIDS in UHC by tasking ______ to develop a revised benefit package (medication and diagnostics) for in-patients and out-patients
PhilHealth
HIV has a record high of how many reported infections per day (Jan to July 2022)?
41
The Philippines has a cumulative of how many cases since January 1984 to July 2022?
103,112
The youth represents over how many percent of new HIV infections in the country?
30%
HIV is now a routine procedure of ________ to prevent HIV infections from mother to child during pregnancy, labor, and breastfeeding
Prenatal Care
Paragraph C emphasizes the punishments for violations in what section?
50
This paragraph provides that:
“Any person who knowingly or negligently causes another to get infected with HIV in the course of the practice of profession through unsafe and unsanitary practice and procedure, or who compelled any person to undergo HIV testing without his or her consent shall, upon conviction, suffer the penalty of imprisonment”
Paragraph C
What is the punishment for the ff. violation?
“Any person who knowingly or negligently causes another to get infected with HIV in the course of the practice of profession through unsafe and unsanitary practice and procedure, or who compelled any person to undergo HIV testing without his or her consent”
Imprisonment of 6-12 years w/o prejudice to the imposition of fines and administrative sanctions (suspension and revocation of professional licenses)
What shall be cancelled or withdrawn from HIV testing centers if they fail to maintain safe practices and procedures required by the guidelines?
Permit or License
The permit/license of HIV testing centers shall be cancelled or withdrawn if they fail to follow the guidelines of which section with respect to blood, tissue, and organ donations?
Section 26
The permit/license of HIV testing centers shall be cancelled or withdrawn if they fail to follow the guidelines of which section with respect to medical management, surgical, and other related procedures?
Section 28
Paragraph F emphasizes the punishments for violations in what section?
44 (guidelines on confidentiality)
Punishments for violations of Section 44 (Confidentiality):
For any person who breaches confidentiality
Give the imprisonment duration and fine
Imprisonment: 6 months to 2 years
Fine: Not less than 50,000 but not more than 150,000
Punishments for violations of Section 44 (Confidentiality):
For any person who causes the mass dissemination of an individual’s HIV status including spreading it online or making statements to the media
Give the imprisonment duration and fine
Imprisonment: 2 - 5 years
Fine: Not less than 150,000 but not more than 350,000
Punishments for violations of Section 44 (Confidentiality):
For any health professional, recruitment agency, insurance company, data encoder, and other custodians of medical records who breach confidentiality
Give the imprisonment duration and fine
Imprisonment: 1 - 7 years
Fine: Not less than 350,000 but not more than 500,000
