RA 11166 Flashcards
Old version of HIV law
RA 8504
T/F: Even before 1988, we are considered the country with the highest number of cases.
T
The previous law was signed on what year?
1998
RA 11166 was signed last
December 20, 2018
The basis for the new achievable targets
90-90-90
90% of all people living with HIV will know their HIV status 90% diagnosed)
Reaching Target 1
90% of all people with diagnosed HIV infection will receive sustained antiretroviral therapy 90% on HIV treatment)
Reaching Target 2
90% of all people receiving antiretroviral therapy will have viral suppression 90% suppressed)
Reaching Target 3
Next set of goals to end AIDS by 2030
95-95-95 for treatment
An Act Strengthening the Philippine Comprehensive Policy on Human Immunodeficiency Virus HIV and Acquired Immune Deficiency Syndrome AIDS Prevention, Treatment, Care, and Support, and, Reconstituting the Philippine National Aids Council PNAC
RA 11166 / Philippine HIV & AIDS Policy Act
RA 8504 is also known as the
Philippine Aids Prevention and Control Act of 1998
Bills
Senate Bill No. 1390 and House Bill No. 6617
Section 1
Title
Section 2
Declaration of Policies
Section 3
Definition of Terms
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 Immunodeficiency Syndrome (AIDS)
Refers to treatment that stops or suppresses viral replication or replications of a retrovirus like HIV, thereby slowing down the progression of infection
Antiretroviral Therapy (ART)
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 person; or materially and substantial disrupting the processes or orderly operation of an institution or organization
Bullying
Refers to groups of nongovernmental and non commercial individuals or legal entities that are engaged in non-coerced collective action around shared interests, purpose, and values
Civil Society Organizations
Refers to studies 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
T/F: Compulsory HIV Testing is not allowed
T
Compulsory HIV Testing has an exemption; only in cases of
Blood Donation
Tissue/Organ Donation
Illegal Cases
Rape Cases
under the Family Code
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 HN 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 the concept enshrined in Article 5 of the Convention on the Rights of the Child recognizing the developmental changes and the corresponding progress in cognitive abilities and capacity for self-determination undergone by children as they grow up, thus requiring parents and others charged with the responsibility for the child to provide varying degrees of protection, and to allow their participation in opportunities for autonomous decision-making
Evolving Capacities of the Child
Refers to the way a person communicates gender identity to others through behavior, clothing, hairstyles, communication or speech pattern, or body characteristics
Gender Expression
Refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have male or female identity with the physiological characteristics of the opposite sex
Gender Identity
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 a person’s involvement in certain activities that increase the risk of transmitting or acquiring HIV
High Risk Behavior
Refers to the virus (retrovirus) which infects cells of the human immune system, and destroys or impairs the cell’s function. Infection with HIV results in the progressive deterioration of the immune system, leading to immune deficiency
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
HIV Counseling
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 & AIDS Counselor
Refers to the documentation and analysis of the number of HIV and AIDS infections and the pattern of its spread
HIV & AIDS Monitoring
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 & AIDS Prevention & 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
T/F: When using POCT and you get a positive result, it is enough data to confirm the results.
F. Try using 2 other different brands to confirm the results
Refers to 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. Confidential, voluntary in nature, accompanied by counseling, and needs informed consent
HIV Testing
Refers to any laboratory testing or procedure done or an individual in relation to a person’s HIV condition
HIV-Related Testing
DOH accredited on-site or mobile testing center, hospital, clinic, laboratory, and other facility that can conduct voluntary HIV counseling and HIV testing
HIV Testing Facility
Refers to the transfer of HIV from one infected person to an uninfected individual, through sexual intercourse, blood transfusion, sharing of contaminated intravenous needles, or which may occur during pregnancy, delivery, and breastfeeding
HIV Transmission
Refers to voluntary agreement of a person to undergo a procedure, whether permission is written or conveyed verbally
Informed Consent
What if the parent refuses to test their child for HIV?
With RA 11166 15 and above may already apply or request for HIV testing, due to evolving capabilities of child
Groups or persons at higher risk of HIV exposure, or affected populations whose behavior make them likely to be exposed to HIV or to transmit the virus
Key Affected Populations
An area or place, including community-based setting, where research studies are being undertaken to develop local evidence for effective HIV response
Laboratory
Legal principle that recognizes the capacity of some minors to consent independently to medical procedures, if they have been assessed by qualified health professionals to understand the nature of procedures and their consequences to make a decision on their own
Mature Minor Doctrine
Core duty of medical practice is to keep information provided by the patient private. The patient’s health status can however, be shared with other medical practitioners involved in the care of the patient.
Medical Confidentiality
Applies to attending physician, consulting medical specialist, nurse, medical technologist and all other health workers involved in any counseling, testing or professional case of the patient
Medical Confidentiality
It also applies to any person who, in ant official capacity, has acquired or may have acquired such confidential information
Medical Confidentiality
Refers to illnesses caused by various organism, many of which do not cause diseases in persons with healthy immune system
Opportunistic Infections
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 hat have been exposed to infection
Partner Notification
Any individual diagnosed to be infected with HIV
Person Living w/ HIV
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
Pre-Exposure Prophylaxis
Process of providing an individual with information on the biomedical aspects of HIV AIDS, and emotional support to any psychological implications of undergoing HIV testing
Pre-Test Counseling
Preventive medical treatment started immediately after exposure
Post-Exposure Prophylaxis
Process of providing risk-reduction information and emotional support
Post-Test Counseling
Agent or device used to prevent the transmission
Prophylactic
Health care provider initiating HIV testing to a person practicing high-risk behavior or vulnerable to HIV after conducting HIV pre-test counseling
Provider-Initiated Counseling & Testing
An act of compensation for unfairness, grievance, and reparation
Redress
Includes: postponing sexual debut, non-penetrative sex, correct and consistent use of male and female condoms, and reducing number of sexual partners
Safer Sex Practices
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 (STI)
Refers to the direction of emotional, sexual attraction, or conduct towards people of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientation) or towards people of the opposite sex (heterosexual orientation) or to the absence of sexual attraction (asexual orientation)
Sexual Orientation
A set of policies and programs designed to reduce poverty and vulnerability
Social Proctetion
The dynamic devaluation and dehumanization of an individual in the eyes of others
Stigma
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
Refers to HIV testing done on an individual who, after having undergone pre-test counseling willingly submits to such test
Voluntary HIV Testing
Refer to the communities and groups suffering from vulnerabilities such as unequal opportunities, social exclusion, poverty, unemployment, and other similar social exclusion, poverty, unemployment, and other similar social economic, cultural and political conditions making them more susceptible to HIV infection and to developing AIDS
Vulnerable Communities
Article 1
Philippine Nation Aids Council (PNAC)
shall be an agency attached to the DOH with a separate budget under the General Appropriations Act GAA .
PNAC
T/F: PNAC shall have its own secretariat & staffing pattern that shall be headed by an executive director
T
Section 4
PNAC
Section 5
Functions
Section 6
Membership & Composition
The following agencies and Cos shall be represented to the PNAC
- DOH
- DepEd
- DOLE
- DILG
- CSC
- CHED
- NYC
- PIA
- DBM
- Chairperson of the committee on health of
the House of representatives - Two 2 representatives from a private organization with expertise in standard setting
and service delivery - Six 6 representatives from NGOs working for the welfare of identified key populations
T/F: The members of the PNAC shall be appointed by the Vice President of the PH.
F, President
T/F: Heads of the government agencies – not lower than ASEC or its equivalent
T
T/F: The appointment is not later than 30 days after the date of enactment of this Act
T
Permanent Chair
Sec DOH
Term of service
3 years, max of 2 consecutive terms
Section 7
Secretariat
Secretariat is composed of
Personnel (Technical Expertise)
Permanent appointments (civil rules and
regulations)
Headed by Executive Director – under the direct
supervision of the __________ ( Secretary of Health – DOH )
chairperson of PNAC
Section 8
Aids Medium Term Plan
prevent and control the spread of HIV and AIDS in the country. The PNAC shall formulate and periodically update the six 6 year AMTP
National Multi-Sectoral Strategic Plan
Section 9
The Role of Dohariat
which shall be composed of qualified medical specialists and support personnel with permanent appointments ,and with adequate yearly budget – identified from AMTP
National HIV and AIDS and STI prevention and Control Program (NASPCP ) of the DOH
Section 10
Protection of Human Rights
In Section 10, the members of the PNAC shall be in cooperation with _____ and in collaboration with ________
CSOs; Department of Justice (DOJ) & Commission on Human Rights (CHR)
T/F: In Section 10, The PNAC shall cooperate with local government units LGUs) to strengthen existing mediation and reconciliation mechanisms at the local level
T
Article 2
Information, Education & Communication
Section 11
Prevention Program
Section 12
Education in Learning Institutions
shall include human right-based principles and information on treatment , care and support to promote stigma reduction
Learning Modules
In Section 12, the data from what institutions should be integrated in the curricula
PNAC, the DepEd, CHED , and the Technical Education and Skills Development Authority (TESDA)
T/F: The DSWD referral system should not be included in the modules
F
Section 13
Education for Parents and Guardians
Shall conduct awareness-building seminars in order to provide parents and guardians with a gender-responsive and age-sensitive HIV and AIDS education
DepEd w/ parent-teacher orgs
Section 14
Education as a Right to Health and Information
Section 15
HIV & AIDS Information as a Health Service
Section 16
Education in the Workplace
In section 16, they shall develop the standardized and key messages on the prevention and control of HIV and AIDs based on current and updated information on the disease
PNAC
Education in the Workplace
Private Sector
DOLE
Education in the Workplace
Public Sector
CSC
Education in the Workplace
Uniformed service
AFP & PNP
Section 17
Education for Filipinos going Abroad
Section 18
Information for Tourists and Transients
Who shall lead the implementation of section 18?
PIA w/ other gov’t agencies
PNAC
Stakeholders in the tourism industry
Shall implement a locally-based, multi-sectoral community response to HIV and AIDs through various channels on evidence-based, gender-responsive, age-appropriate, and human rights-oriented prevention tools to stop the spread of HIV
DILG, the Union of Local Authorities of the Philippines ULAP , the Leagues of Provinces, the League of Cities, and the League of Municipalities, through the local HIV and AIDS councils LAC or the local health boards and in coordination with PNAC
Section 19
Education in Communities
T/F: Indigenous peoples communities and geographically isolated and disadvantaged areas GIDA shall also be given due focus in the implementation of this section (section 19)
T
Who shall conduct age-appropriate HIV and AIDS education for out-of-school youth?
DILG, DSWD, NYC
Section 20
Information for Key Populations and Vulnerable Communities
Who shall craft the guidelines, and the standardized information messages for peer education, support group, and outreach activities
DOH & PNAC
shall support and provide funding for HIV and AIDS programs and projects, shall support and provide funding for HIV and AIDS education programs, such as peer education, support groups, outreach activities, and community-based research that target these populations and other vulnerable communities
PNAC, LGUs & CSOs
Section 21
Information on Prophylactics
Section 22
Misinformation on HIV & AIDS
Article 3
Preventive Measures, Safe Practices & Procedures
Section 23
HIV Prevention Measures
Section 24
Comprehensive Health Intervention for Key Populations
shall establish a human rights and evidence-based HIV prevention policy and program for people who have higher risk of HIV infection and the other key populations
DILG, DOH w/ key popu
T/F: The presence of used or unused prophylactics shall be used as a basis to conduct raids or similar police operations in sites and venues of HIV prevention interventions
F; shall not
shall establish a national policy to guarantee the implementation of this provision
DILG, DOH w/ LGUs
Section 25
Preventing Mother-to-Child HIV Transmission
shall establish a program to prevent mother-to-child HIV transmission that shall be integrated in its maternal and child health services
DOH
Section 26
STANDARD PRECAUTION ON THE DONATION OF BLOOD, TISSUE, OR ORGAN
Section 27
TESTING OF ORGAN DONATION
A legacy and a donation are executed in accordance with Section 3 and 4 respectively, of RA 7170, otherwise known as the
Organ Donation Act of 1991
Section 28
GUIDELINES ON MEDICAL MANAGEMENT, SURGICAL, AND OTHER RELATED PROCEDURES
Section 29
HIV Testing
Article 4
SCREENING, TESTING, AND COUNSELING
T/F: In keeping with the principle of the evolving capacities of the child as defined in section 3(i) of this Act, if the person is fifteen 15 to below eighteen 18 years of age, consent to voluntary HIV testing shall be obtained from the child without the need of consent from a parent or guardian
T
Consent w/o the need of consent from a parent or guardian
below 15 na preggy or engaged in high-risk behave
15-18 yo
Section 30
Compulsory HIV Testing
Consent w the need of parent
below 15 or mentally incapacitated
Section 31
MECHANISMS AND STANDARDS ON ROUTINE PROVIDER INITIATED AND CLIENT INITIATED HIV COUNSELING AND TESTING
Pre-test counseling and post-test counseling shall be done by:
○ HIV and AIDS counselor
○ Licensed social worker
○ Licensed health service provider
T/F: All HIV testing facilities shall provide free pre-test and post-test HIV counseling to individuals who wish to avail of HIV testing, which shall likewise be confidential.
T
Section 32
HIV TESTING FOR PREGNANT WOMEN
Article 5
HEALTH AND SUPPORT SERVICES
Section 33
TREATMENT OF PERSONS LIVING WITH HIV AND AIDS
Section 34
ACCESS TO MEDICAL SERVICES BY INDIGENTS
Section 35
ECONOMIC EMPOWERMENT AND SUPPORT
Section 36
CARE AND SUPPORT FOR PERSONS LIVING WITH HIV
Section 37
CARE AND SUPPORT FOR OVERSEAS WORKERS LIVING WITH HIV
Section 38
CARE AND SUPPORT FOR AFFECTED FAMILIES, INTIMATE PARTNERS, SIGNIFICANT OTHERS AND CHILDREN OF PEOPLE LIVING WITH HIV
Section 40
NON DISCRIMINATORY HIV AND AIDS SERVICES
Section 39
CARE AND SUPPORT PROGRAM IN PRISONS AND OTHER CLOSED SETTING
Section 41
PROTECTION OF HIV EDUCATORS, LICENSED SOCIAL WORKERS, HEALTH WORKERS, AND OTHER HIV AND AIDS SERVICE PROVIDES FROM HARASSMENT
Section 42
HEALTH INSURANCE AND SIMILAR HEALTH SERVICES (c philhealth & insurance comm)
Section 43
HIV AND AIDS MONITORING AND EVALUATION
Article 6
Confidentiality
Section 44
Confidentiality
Section 45
Exceptions
What laws are under media disclosure on HIV
Section 4(a) of Republic Act No. 10175
Sec 25 of RA 10173
Section 46
DISCLOSURE OF HIV RELATED TEST RESULTS
Section 47
DISCLOSURE TO PERSONS WITH POTENTIAL EXPOSURE TO HIV
Section 48
DUTY OF EMPLOYERS, HEADS OF GOVERNMENT OFFICES, HEADS OF PUBLIC AND PRIVATE SCHOOLS OR TRAINING INSTITUTIONS, AND LOCAL CHIEF EXECUTIVES
Article 7
DISCRIMINATORY ACTS AND PRACTICES AND CORRESPONDING PENALTIES
Section 50
Penalties
Section 49
DISCRIMINATORY ACTS AND PRACTICES
Sec 24
COMPREHENSIVE HEALTH INTERVENTION FOR KEY POPULATIONS
violates the second sentence of Section 24
Impri = 1 yr - 5 yrs
Fine = P100k - P500k
knowingly or negligently causes another to get infected with HIV & compelled any person to undergo HIV testing without his or her consent
Impri = 6 yrs - 12 yrs
Penalty under Sec 42
Impri = 6 mos - 5 yrs
Fine = P50k+
Penalty under Sec 41
Impri = 6 mos - 5 yrs
Fine = P100k - P500k
Penalty under sec 44 causes the mass dissemination of the HIV status of a person
Impri = 2 yrs 1 day - 5 yrs
Fine = P150k - P350k
Penalty Sec 44 any person who breaches confi
Impri = 6 mos - 2 yrs
Fine = P50k - P150k
Penalty under sec 44 for any health professional, medical instructor, worker, employer, recruitment agency, insurance company, data encoder, and other custodian of any medical record, file, data, or test result who breaches confidentiality
Impri = 5 yrs 1 day - 7 yrs
Fine = P350k - P500k
Penalty under Sec 49
Impri = 6 mos - 5 yrs
Fine - P50k - P500k
If the offender is an alien
deported w/o further proceedings
If the offender is a public official or employee
perpetual or temporary absolute disqualification from office
Section 51
PENALTIES COLLECTED
Article 8
Final Provisions
Section 52
Appropriations
Section 53
Transitory Provision
Section 54
IMPLEMENTING RULES AND REGULATIONS
Section 55
Repealing Clause
Section 56
SEPARABILITY CLAUSE
Section 57
EFFECTIVITY
Speaker of the House of Representatives
Gloria Macapagal-Arroyo
President of the Senate
Vicente C. Sotto III
Acting Secretary General House of Representatives
Dante Roberto P. Maling
Secretary of the Senate
Myra Marie D. Villarica
President of the Philippines
Rodrigo Roa Duterte