HIV-Related Laws Facts about HIV

 HIV can be contracted by having sex for

HIV – microorganism that causes AIDS money.
 Practicing oral sex may give you HIV.
Phases of HIV  Anal sex presents a higher risk of HIV
1. Early or Acute Phase  Anal mucosa is prone to virus
2. Asymptopatic or latent phase  Effective use of condom will help prevent
3. Symptomatic Phase HIV.
 Having multiple sexual partners puts you at a
 CD4 Cells or Helper T cells – are the cells greater risk of getting HIV.
targeted by HIV.
 Normal CD4 Cells Ct: 500 – 1500 cells/µL You can get HIV via
 Last stage: <200 cells/µL  Sex without a condom
 ART starts at: <300 cells/µL  Passed from mother to baby
 ART – helps manage HIV by inhibiting  Sharing injecting equipment (R7)
the number of virus to have an  Contaminated blood transfusions and organ
undetectable load (cannot transfer transplants
infection)
 December 1 – World AIDS Day (1988) HIV is NOT transmitted by
 1984 – first HIV case in the Philippines  Insect bites
 Immunocompromised – weak or failing  Toilet seats
immune system  Kissing
 Opportunistic infections – diseases that do  Sharing cutlery
not normally affect healthy people  Touching
 Immunocompetent – strong immune system  Casual contact

Myths about HIV HIV is spread through direct contact with certain
 You will not get HIV by sleeping with a body fluids from someone who has HIV:
virgin.  Blood
 Donating blood will give you HIV.  Semen and pre-seminal fluid
 You cannot get HIV from a person who  Rectal fluids
appears healthy
 Vaginal fluids
 Incubation period: 2-6 mos
 Breast milk
 Seroconversion – production of detectable
load
The following contain small traces of HIV but
 Washing the penis/vagina after sexual
not enough to transmit HIV:
intercourse will prevent HIV.
 Saliva
 You may contract HIV from mosquito bites
 Tears
o Mosquitos do not Tcells
 Feces
 AIDS can be cured.
 Sputum
 Sweat
 Tuberculosis – respiratory disease that is
common to HIV patients  Nasal secretion
 25 to 34 year olds – the group that have the  Urine
most cases of HIV due to negative influence of
social media An HIV+ pregnant women can transmit HIV to
her baby in 3 ways:
 During pregnancy
 During vaginal childbirth
 Trough breastfeeding
 o Discrimination, in all its form and subtleties,
About 1 in 4 new HIV infections is among youth against individuals with HIV or persons
ages 13-24. Most of them do not know they are perceived or suspected of having HIV shall be
infected, are not getting treated. And can considered inimical to individual and national
unknowingly pass the virus on to others. interest.
o Provision of basic health and social services
Philippine Setting for individuals with HIV shall be assured.
Average number of people newly diagnosed with  ART is for free but medicines are not
HIV per day, selected years
 2008 – 1 New HIV Law:
 2011 – 7 Republic Act No. 11166
 2014 – 16 o Philippine HIV and AIDS Policy Act
 2018 – 32 o December 20, 2018
 2019 – 36 o Rodrigo Roa Duterte
o 57 Sections
Male-Male Sex – most common mode of
transmission Declaration of Policies:
1. Establish policies and programs to prevent
Regions with most number of HIV the spread of HIV and deliver treatment, care,
1. JCR and support services to Filipinos living with
2. 4A HIV.
3. 3 – transactional sex 2. Adopt a multi-sectoral approach in
4. 7 responding to the country’s HIV and AIDS
5. 11 situation.
Total: 3,584 3. Ensure access to HIV- and AIDS-related
services by eliminating the climate of stigma
Old HIV Law: and discrimination that surrounds the
Republic Act No. 8504 country’s HIV and AIDS situation.
o Philippines AIDS Prevention and Control Act 4. Positively address and seek to eradicate
of 1998 conditions that aggravate the spread of HIV
o An act promulgating policies and prescribing infection: poverty, gender inequality,
measures for the prevention and control of marginalization, and ignorance.
HIV/AIDS in the Philippines. Instituting a
nationwide HIV/aids information and Definition of Terms
educational program. Establishing a 1. Acquired Immune Deficiency Syndrome
comprehensive HIV/AIDS monitoring system. (AIDS) – last stage of HIV infection
Strengthening the Philippine National AIDS  >200 CD4 Cells/µL
Council, and for other purposes.  Deficiency of immune system
o February 13, 1998  Susceptibility to opportunistic infections
o 52 Sections 2. Anti-retroviral Therapy
o Fidel V. Ramos  Treatment that stops or suppresses viral
replication and makes viral loads
Major provisions: undetectable
o Compulsory HIV testing shall be considered  Given for free
unlawful. 3. Compulsory HIV Testing
o The right to privacy of individuals with HIV  Lack of consent
shall be guaranteed.  Use of force or intimidation
o Should be >18 yrs old for testing without  Against the law
4. Discrimination – creation of hostile
parents’ approval
environment for the person
 Unfair or unjust treatment
  Impairing recognition, enjoyment, or
exercise of rights and freedom

5. High-Risk Behavior AIDSWatch (Old)

 Involvement in certain activities that DOH Epidemiology Bureau (New)
increase the risk of developing HIV Functions:
6. Medical Confidentiality a. Determine and monitor the magnitude and
 Information provided by the patient to progression of HIV and AIDS in the
health practitioners and his/her status kept Philippines.
private and is not divulged to third parties b. Receive, collate, process, and evaluate all
HIV- and AIDS-related medical reports from
7. Partner Notification all hospitals, clinics, laboratories, and testing
 Notify and advise partners who have been centers; and
exposed to HIV infection (previous sexual c. Submit through its Secretariat quarterly and
partners) annual reports to the PNAC.
 Contact tracing (old)
8. Pre-Exposure Prophylaxis Information, Education, and Communication
 Prescription drugs to prevent HIV There shall be an HIV and AIDS prevention
infection program that will educate the public on HIV and
 For people with high-risk AIDS and other STIs, with the goal of reducing
9. Pre-Test Counseling risky behavior, lowering vulnerabilities, and
 Bio-medical aspects of HIV and AIDS promoting the human rights to PLHIV.
 Emotional support a. Safer sex practices among the general
10. Post-Exposure Prophylaxis population
 Preventive medical treatment b. Other practices that reduce risk of HIV
 Given right after exposure infection
 Taken 24-72 hrs after exposure c. Universal awareness of and access to relevant
11. Post-Test Counseling information and education
 Risk-reduction information d. Knowledge of the health, civil, political,
 Emotional support economic, and social rights of PLHIV
12. Stigma
 Dynamic devaluation and dehumanization Preventive Measures, Safe Practices and
of an individual in the eyes of others Procedures
13. Treatment Hubs a. Creation of rights-based and community-led
 Treatment and care services to PLHIV behavior modification programs that seek to
 Accredited by the DOH encourage HIV risk reduction behavior among
PLHIVs
The Philippine National AIDS Council b. Establishment and enforcement of rights-based
 Created by virtue of EO no. 39 mechanisms
 Provides programs that aims to reduce HIV c. Establishment of standard precautionary
cases in the Philippines measures in public and private facilities
 December 3, 1992 d. Accessibility of ART and management of
 Under the DOH opportunistic infections
 Old HIV Law: 26 members e. Mobilization of communities of PLHIV for
 New HIV Law: 21 members public awareness campaigns
f. Establish comprehensive human rights and
 Secretary of Health – permanent chair person
evidence-based policies, programs, and
approaches
Role of the Department of Health
1. National HIV and AIDS and STI Prevention
and Control Program (NASPCP)
2. Epidemiology Bureau
StandardPrecaution on the Donation of Blood, Compulsory HIV Testing
Tissue, or Organ Compulsory HIV testing shall be allowed only in
a. Donation of tissue or organ shall be accepted the following instances:
by a laboratory or institution only after a a. A person who is charged with any of the
sample from the donor has been tested negative offenses under the Anti-Rape Law of 1997
for HIV. (RA 8353)
b. All donated blood shall also be subjected to b. To resolve issues under “The Family Code of
HIV testing. the Philippines” (EO no. 209)
c. All donors who test positive shall be deferred c. To comply with the provisions of RA 7170
from donation, notified of their HIV status, and RA 7719
counselled, and deferred for care and clinical
management as soon as possible. Confidentiality
d. Donations of blood, tissue, or organ testing Medical Confidentiality Exceptions:
positive for HIV may be accepted for research  When complying with the reportorial
purposes only; and requirements of the national active and
e. A second testing may be demanded as a matter passive surveillance system of the DOH.
of right by the recipient or his or her relatives. Provided, that the information related to the
person’s identity shall remain confidential;
Testing of Organ Donation  When informing other health workers directly
Lawful consent to HIV testing of a donated body, involved in the treatment or care of a PLHIV;
organ, tissue, or blood shall be considered as  When responding to a subpoena duces tecum
having been given when: and subpoena ad testification issued by a
a. A person volunteers or freely agrees to donate court with jurisdiction over a legal proceeding
one’s blood, organ, or tissue for transfusion, where the main issue is the HIV status of an
transplantation, or research; and individual.
b. A legacy and a donation are executed in
accordance with Sections 3 and 4 Discriminatory Acts and Practices
respectively, of RA no. 7170, otherwise  Discrimination in the workplace
known as the “Organ Donation Act of 1991”.  Discrimination in learning institutions
 Restriction on travel and habitation
Screening, Testing, and Counseling
 Restrictions on shelter
Old: 18 yrs old
 Prohibition from seeking or holding public
New: 15 yrs old even without parents consent
office
 As a policy, the State shall encourage voluntary
 Exclusion from credit and insurance services
HIV testing.
 Discrimination in hospitals and health
 Written consent from the person taking the rest
institutions
must be obtained before HIV testing.
 Denial of burial services
 In every circumstance, proper counseling shall
 Act of bullying
be conducted by a social worker, a health care
provider or other health care professional
“Any person who knowingly or negligently causes
accredited by the DOH or the DSWD.
another to get infected with HIV in the course of
 HIV testing guidelines issued by the DOH shall
the practice of profession through unsafe and
include guidance for testing minors and for the
unsanitary practice and procedure, or who
involvement of parents or guardians in HIV
compelled any person to undergo HIV testing
testing of minors.
without his or her consent shall upon conviction,
suffer the penalty of imprisonment of 6-12 years,
without prejudice to the imposition of fines and
administrative sanctions, such as suspension or d. Polymerase Chain Reactions
revocation of professional license.”
Any person who violate the provision of Section SN°W
44 of this Act on confidentiality shall, upon Southern – DNA
conviction, suffer from following penalties: Northern Blot – RNA
a. 6 months to 2 years of imprisonment for any Western Blot – Proteins
person who breaches confidentiality and/or
fine of not less than P50,000-P150,000 at the National Reference Laboratories
direction of the court;  RITM: National Voluntary Blood Services
b. 2 years and 1 day to 5 years of imprisonment Program – blood bag
for any person who causes the mass  SLH: STD/AIDS Cooperatice Central
dissemination of the HIV status of a person, Laboratory (SACCL)
including spreading the information online or
making statements to the media, and/or a fine HIV Testing
of P150,000 – P350,000 at the direction of the a. Physical Plant
court; and b. Personnel
c. 5 years and 1 day to 7 years of imprisonment c. Reagents registered with BFAD and with
for any health professional, medical Certificate of Product Registration
intstructor, worker, employer, recruitment d. Laboratory reports
agency, insurance company, data encoder,
and other custodian of any medical record,
file, data, or test result who breaches Administrative Order No. 2010-0028
confidentiality, and/or a fine of P350,000 – o Policies and Guidelines in the Conduct of
P500,000 at the discretion of the court. Human Immunodeficiency Virus (HIV)
Counselling and Testing in Community and
Administrative Order No.55-A Series 1989 Health Facility Settings
Rules and Regulation Governing the Accreditation
of Laboratories Performing HIV Testing Definition of Terms
Accreditation Requirements for a HIV Testing  Treatment Hub- HIV/AIDS Core Team
Laboratory: (HACT)
a. Duly licensed and headed by a pathologist  Blood Service Facility:
b. Staffed by RMT with training by a pathologist o Blood stations
c. Appropriate equipment, glassware and other o Blood collection units
supplies needed for HIV testing (registered
o Blood centres
reagents by BFAD)
o Blood banks
d. Report forms – should be clear, objective and
inicate the type of HIV  Informed written consent
 OFW clinics – provide services and seminars
Administrative Order No. 2005 – 0027 for Filipinos bound for abroad
o Rules and Regulations Governing the  Reactive sample – specimen that tested
Regulation of HIV Testing Laboratories positive
 Screening test – initial tests
Screening tests for HIV Antibody  Confirmatory test – validation of the reactive
a. Enzyme Immunoassay screening test
b. Particle Agglutination  Fourth AIDS Medium Term Plan – 5 year
plan (2010)
Confirmatory Tests  New: 6 years
a. Western Blot – most commonly performend
confirmatory test for HIV
b. Immunofluorence
c. Radio Immuno-Precipitation Assay
 Treatment Hubs in the Philippines  Provider-Initiated Counseling and Testing
A. Luzon Provided to all the following:
1. San Lazaro Hospital  Assessed for STI
2. Research Institute for Tropical Medicine  Pregnant women who are at high risk
3. Philippine General Hospital  PWID, prostitutes, MSM
4. Ilocos Training and Regional Medical  Diagnosed TB patients
Center  Patients with s/s consistent with HIV
5. Baguio General Hospital and Medical  Parents or guardians of childreni born to
Center infected mothers
6. Bicol Regional Training and Teaching
Hospital b. Post-HIV Counseling
7. Cagayan Valley Medical Center For HIV Negative persons:
8. Jose B. Lingad Memorial Regional
 Explanation of the test result “window
Hospital
period”
 Basic education about HIV prevention
B. Visayas
 Methods of transmission
1. Vicente Sotto Memorial Medical Center
2. Western Visayas Medical Center
For HIV Positive persons:
3. Corazon Locsin Montelibano Memorial
 Inform the patient of the result simply and
Regional Hospital
clearly, and give patient time to reconsider
C. Mindanao it
1. Davao Medical Center  Ensure that the patient understands the
2. Zamboanga City Medical Center result
 Allow the patient to ask questions
HIV Counseling – also called as the Voluntary  Help the patient to cope with emotions
Counseling and Testing arising from the test result
 Help identify social network
a. Pre-HIV Counseling  Discuss follow-up services and treatment
 Client Initiated Counseling and Testing  Preventive measures
 Space where privacy is observed and  Information on nutrition
confidentiality is ensured  Discuss possible disclosure of results
 Individual or group settings  Offer referral and counselling of partners
 Same counselor in case there is a follow-  Assess the risk of violence or suicide
up session
 Why HIV testing and counseling is being
recommended
 Prevention and benefits of testing
 Risks including discrimination
 Services available such as treatment
 Confidentiality, informed consent, rights
 Relevant laws that mandate thedisclosure of
the status to sexual or drug injecting partners
 Risk assessment and risk-reduction strategies
 Promotion of behavioral change
 Ways of cooing with positive result
 Exploration of family support
 For pregrant women, risk to baby