MODULE 8: PHILIPPINE HIV LAWS Flashcards
known as “Philippine HIV and AIDS Policy Act”, is an act strengthening the Philippine comprehensive policy on HIV and AIDS prevention, treatment, care, and support, and reconstituting the Philippine National AIDS Council (PNAC).
R.A No. 11166
known as the “Philippine AIDS Prevention and Control Act of 1998”, and appropriating funds therefor. It is composed of 57 sections.
Republic Act No. 8504
HIV means…
Human Immunodeficiency Virus
AIDS means…
Acquired Immune Deficiency Syndrome
PNAC means…
Philippine National AIDS Council
Section 1
Title
Section 2
Declaration of Policies
Section 3
Definition of terms
Section 4-8
Philippine National AIDS Council (PNAC)
Section 8
AIDS Medium Term Plan (AMTP)
Section 9
The Role of DOH
Section 10
Protection of Human Rights
Section 11-22
Information, Education, and Communication
Section 23-28
Preventive Measure, Safe Practices and Procedures
Section 29-32
Screening, Testing & Counseling
Section 33-43
Health and Support Services
Section 44-48
Confidentiality
Section 49
Discriminatory Acts & Practices
Section 50-51
Penalties
Section 52-53
Final Provisions
Section 54
Implementing Rules and Regulations
Section 55
Repealing Clause
Section 56
Separability Clause
Section 57
Effectivity
law talks about the policies and programs that the state should establish for the control, prevention, and management of HIV/ AIDS cases. Delivery of HIV and AIDS-related service is also ensured in the sense that the welfare of the Filipinos is respected and protected. In short, all the policies are anchored on the principles of human rights and emphasizes promoting care, support, and treatment to all individuals.
Section 2
different terms are defined but we will only focus on some important ones
Section 3
refers to a health condition where there is a deficiency of the immune system that stems from infection with the Human Immunodeficiency Virus (HIV) making an individual susceptible to opportunistic infections.
Acquired Immune Deficiency Syndrome (AIDS)
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)
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)
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
refers to juridical entities legally organized
to provide or arrange for the provision of pre-agreed or designated health care services to its enrolled members for a fixed pre-paid fee for a specified period of time.
Health Maintenance Organization (HMO)
refers to the virus, of the type called retrovirus,
which infects cells of the human immune system, and destroys or impairs the cells’ function.
Human Immunodeficiency Virus (HIV)
refers to the interpersonal and dynamic communication process between a client and a trained counselor, who is bound by a code of ethics and practice, to resolve personal, social, or psychological problems and difficulties, whose objective in counseling, is to encourage the client to explore important personal issues, identify ways of coping with anxiety and stress, and plan for the future (keeping healthy, adhering to treatment, and preventing transmission); and in the context of a negative HIV test result, to encourage the client to explore motivations, options, and skills to stay HIV-negative.
HIV counseling
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
refers to the core duty of medical practice where the
information provided by the patient to health practitioners and his/her health status is kept
private and is not divulged to third parties.
Medical confidentiality
refers to the process by which the “index client”, “source”, or “patient”, who has a sexually transmitted infection (STI), including HIV, is given support in
order to notify and advise the partners that have been exposed to infection.
Partner notification
refers to any individual diagnosed to be infected with
HIV.
Person Living with HIV (PLHIV)
refers to the use of prescription drugs as a strategy for the prevention of HIV infection by people who do not have HIV and AIDS. It is an optional treatment which may be taken by people who are HIV-negative but who have substantial, higher-than-average risk of contracting an HIV infection.
Pre-exposure prophylaxis
refers to the process of providing an individual with information on the biomedical aspects of HIV and AIDS and emotional support to any psychological
implications of undergoing 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 a pathogen (HIV) in order to prevent infection by the pathogen and the development of the disease.
Post-exposure prophylaxis
refers to the process of providing risk-reduction information and emotional support to a person who has submitted to HIV testing at the time the result is
released
Post-test counseling
refers to infections that are spread through the
transfer of organisms from one person to another as a result of sexual contact.
Sexually Transmitted Infections (STIs)
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
refers to private and public hospitals or medical establishments accredited by DOH to have the capacity and facility to provide treatment and care services to Person living with HIV (PLHIV).
Treatment hubs
the responsible body in ensuring the implementation of the country’s response to the HIV and AIDS situation. It is an agency attached to the DOH. It has its own Secretariat and staffing pattern, and it is headed by an Executive Director.
PNAC (PHILIPPINE NATIONAL AIDS COUNCIL)
is a national multi-sectoral strategic plan to prevent and control the spread of HIV and AIDS in the country.
AMTP (AIDS MEDIUM TERM PLAN)
DOH means…
Department of Health
DepEd means…
Department of Education
DOLE means…
Department of Labor and Employment
DSWD means…
Department of Social Welfare and Development
DILG means…
Department of the Interior and Local Government
DBM means…
Department of Budget and Management
CSC means…
Civil Service Commission
CHED means…
Commission on Higher Education
NYC means…
National Youth Commission
PIA means…
Philippine Information Agency
How many representatives from organizations of Persons Living with HIV and AIDS (PLHIV) is needed
TWO (2)
How many representative from the private organization with expertise in standard setting and service delivery is needed?
ONE (1)
How many representatives from NGOs working for the welfare of identified key populations is needed?
SIX (6)
When elected by the government agency members, how many years shall the Vice Chairperson need to serve?
3 years
Members representing CSOs shall serve for a term of?
3 Years
renewable upon recommendation of the Council for a maximum of how many consecutive terms?
2 Years
The PNAC shall meet at least?
once every quarter
It is composed of qualified medical specialists and support personnel with permanent appointments. They will coordinate with the PNAC for the implementation of the health sector’s HIV and AIDS and STI response.
the National HIV and AIDS and STI Prevention and Control Program (NASPCP)
What is the objective of HIV and AIDS Prevention Program?
EDUCATE the public on HIV and AIDS with the goal
of REDUCING risky behavior, LOWERING vulnerabilities, and PROMOTING the human rights of PLHIV.
Appropriate information shall be attached to or provided with every ________ offered for sale or given as a donation.
prophylactic
It includes false and misleading advertising and claims in any form of media including traditional media, internet, and social platform, and mobile applications, of the promotional marketing of drugs, devices, agents or procedures without prior approval from the DOH through the Food and Drug Administration (FDA), and the requisite medical and scientific basis, including markings and indications in drugs and devices or agents, claiming to be a cure or a fail-safe prophylactic for HIV infection shall be prohibited.
Misinformation
WHAT ARE THE SAFE PRACTICES AND PROCEDURES
- HIV Prevention Measures
- Universal Precautions
- HIV/AIDS Core Teams (HACT)
- Standard Precaution on the Donation of Blood, Tissue, or Organ
It 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. It is also 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
No need consent as a requisite for HIV testing
> 15-17 years of age
aged below 15 who is pregnant or engaged in high-risk behavior with the assistance of a licensed social worker
Need Parent’s or Guardian consent as a requisite for HIV testing
> below fifteen years of age
mentally incapacitated.
It 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
What republic act is “Revised Penal Code”
R.A. 3815
Article 264
Administering injurious substances
Article 266
Slight Physical Injuries and Maltreatment
Article 335
Rape
Article 338
Simple Seduction
It is known as the “Anti-Rape Law of 1997”
RA 8353
It is known as “The Family Code of the Philippines”
Executive Order No. 209
It is known as the “Organ Donation Act”
Republic Act No. 7170
It is known as the “National Blood
Services Act”
Republic Act No. 7719
It has positive and negative test result of counselling
Post-Test Counseling
It shall be unlawful to disclose, without written consent, information that a person has AIDS, has undergone HIV-related test, has HIV infection or HIV related illnesses, or has been exposed to HIV.
CONFIDENTIALITY
It encompass all forms of communication that directly or indirectly lead to the disclosure of any information on the identity or health status of any person who undergoes HIV testing or is diagnosed to have HIV.
Medical Confidentiality
The result of any test related to HIV shall be disclosed by the trained service provider who conducts pre-test and post-test counseling…
only to the individual
If the patient is below fifteen years old, an orphan, or is mentally incapacitated, the result may disclose to?
> patient’s parents
legal guardian
a duly assigned licensed social worker, or
health worker, whichever is applicable.
What R.A. defines discrimination
R.A. 11166
referring 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
The rejection of job application, termination of employment, or other discriminatory policies in hiring, provision of employment and other related benefit, promotion or assignment of an individual
Discrimination in the Workplace
Refusal of admission, expulsion, segregation, imposition of harsher disciplinary actions, or denial of benefits or services of student or a prospective student
Discrimination in Learning Institution
refusal of lawful entry to Philippine territory, deportation from Philippines, or the quarantine or enforced isolation of travelers.
Restriction on Travel and Habitation
Restrictions on housing or lodging, whether permanent or temporary
Restrictions on Shelter
Prohibition on the right to seek an elective or appointive public office
Prohibition from Seeking or Holding Public Office
Exclusion from health, accident or life insurance, or credit and loan services, including the extension of such loan or insurance facilities, of an individual: Provided, That the PLHIV has not concealed or misrepresented the fact to the insurance company or loan or credit service provider upon application
Exclusion from Credit and Insurance Services
Denial of health services, or being charges with a higher fee
Discrimination in Hospitals and Health Institutions
services for a decease person who had HIV and AIDS or who was known, suspected, or perceived to be HIV- positive;
Denial of Burial Services
name-calling, upon a person based on actual, perceived, or suspected HIV status, including bullying in social media and other online portals
Act of Bullying
It refers to initial serological test performed to determine the presence of antibody and/or antigen against HIV 1 and HIV 2.
Screening tests
refers to the test performance on samples reactive to the screening test to ensure that the results were true positive.
Confirmatory/Supplemental Test
for HIV/AIDS testing includes RITM and SACCL/SLH.
National Reference Laboratories (NRL)
It is to ensure utmost safety and quality in the performance of HIV testing by laboratories.
A.O. 2005-0027
What are the Specific Guidelines of A.O. 2005-0027?
- Physical Plant
- Personnel
- Equipment/Supplies
- Laboratory Reports
was defined as an external evaluation of a laboratory’s performance using proficiency panels and assessed by the National Reference Laboratory for HIV/AIDS, Hepatitis and STIs.
External Quality Assessment Scheme (EQAS)
