HIV and AIDS Amendment Bill

Amending the HIV and AIDS law
Proposed amendments to RA 8504, or the Philippine AIDS Prevention & Control Act
Friday, August 5, 11
WHY AMEND?
A model legislation
RA 8504 was enacted in 1998, or 13 years ago.
Wealth of motherhood statements (in the law) but... gaps between purpose and actual accomplishment.
Avila, 2005
Conicts with other laws

New laws set the legal frame. For ex., the Dangerous Drugs Act was approved in 2002.
Who implements?
Which agency should implement MARP-specic HIV education?
How do we localize?
there are no clear guidelines on the composition of a local AIDS council...
- Licudine, Community of Practice
the coverage of condentiality is limited mainly to medical condentiality.

Guzman, Community of Practice
Gaps in governance
PNAC is under DOH, but if DOH doesnt step up, who leads the response? Whats the relationship between PNAC and DOH?
The Civil Society Proposal
Premises
Law needs to be revised Builds on previous proposals Ideas from the ground Reframed and aligned
More exible
A work in progress
Principles
Health as a right HIV and AIDS as a public health concern Community mobilization & multisectoral Public and private partnership Human rights Gender sensitive, MARPs-inclusive GIPA
Core Elements
PREVENTION
Education,VCT, Positive Prevention, Harm Reduction, Universal Pre-caution
TCS
Treatment, Care, and Support policies, Insurance, Economic empowerment
ENABLERS
Stigma-free services, Condentiality, Nondiscrimination, Consent, Protection
GOVERNANCE
PENALTIES
FUNDING
National Plan, PNAC, NASPCP

Imprisonment, Fine, other sanctions
Initial funding, GAA, Investment
Education as Prevention
Scientic, gender-sensitive rights &
evidence-based
HIV and AIDS information as a right HIV and AIDS education for MARPs Generic HIV and AIDS education in
educational institutions, with referral for MARPS
Education as Prevention
Generic HIV and AIDS education in the
workplace, with referral for MARPs
HIV and AIDS education for OF HIV and AIDS education thru LAC or
similar local bodies
Information for tourists, transients

VCT as prevention
Voluntary and anonymous VCT DOH to accredit facilities & develop &
enforce guidelines
Opt-out language is included Concepts that counseling should cover Counseling guidelines and denition of HIV
and AIDS counselors
Other provisions on prevention

Positive Prevention: PLHIV community-led,
rights-based, afrmative
Harm Reduction (rights-based and evidencebased policy c/o DOH and DILG)
Universal precaution policies (RA8504) PMTCT program to be integrated in

maternal & child health services
Treatment
Treatment policy: State shall ensure
treatment of HIV and OI is free
Establishment of treatment program Treatment guidelines c/o DOH
Care and Support

PhilHealth: in-patient and out-patient package, condentiality is ensured Private HMOs cannot deny coverage due to HIV status Economic empowerment, not just livelihood program c/o DSWD & TESDA Care programs c/o DSWD, such as peer-led counseling, welfare assistance, case management Care program for repatriated OFs
Enabling Environment
Policy for stigma-free HIV and AIDS
services c/o PNAC
Prohibition on compulsory testing Non-discrimination Protection for peer eds, outreach workers
& service providers
Condentiality

Certain HIV and AIDS information as condential information Applies to all, not just health workers Written consent is necessary to release condential information Info cant be released to the general public Identies who gets access to test results Obligation to disclose to spouse, sexual partners
Exemptions to written consent requirement

When using info for surveillance Treatment and care situation Legal proceedings
DOH and DOJ to craft policies.
Disclosure to sexual partners

Disclosure is a moral question and must
not be criminalized program
Integrated in the positive prevention Partner notication guidelines to be

developed by PNAC
PLHIV may seek help from medical

professionals, peer eds, etc
Surveillance
DOH to determine and monitor progress of
epidemic
Collation and analysis of medical reports Report to OP, Congress and PNAC members HIV deaths monitoring
National Plan
Five-year plan Includes targets and strategies, components,
operationalization, cost, and funding sources
PNAC to ensure implementation of the Plan LGUs to localize plan, in coordination with
and with support from PNAC
Establishment of LAC or designation of local

bodies to implement local plan
PNAC
An autonomous body under DOH Ensures implementation of the Plan Coordinates implementing agencies Develop & enforce policies and guidelines Monitor the epidemic Develop, implement, & monitor Plan
PNAC
Strengthen multisectoral, public-private
partnership
Self-organize Resource mobilization and international

cooperation
Policy recommendation Chaired by DOH, with core members and

ex-ofcio members
PNAC Secretariat
Independent secretariat, headed by an Exec
Director
Day-to-day functions of the Council Provide technical support Clearinghouse and repository of info
Other Provisions
Prohibition on the spread of wrong
information response
NASPCP as part of the health sector Prohibition on the use of condoms & other
safer sex paraphernalia as evidence or basis for raids, arrests, etc. Harmonization policy c/o DILG
Penalties
Penalty for violation of VCT, discrimination
in private insurance, discriminatory acts, compulsory testing, condentiality clauses: 6 mos - 5 yrs imprisonment, 50,000-500,000 ne discrimination provisions
Civil liability for violation of non Harassment of service providers - 6 mos 5 years imprisonment, 100,00-500,00 ne
Penalties
Wrong information - 2 mos - 2 years
for prostitution - 1-5 years of imprisonment, 100,000-500,000 ne
imprisonment and administrative sanctions
Use of condoms as basis for raids, evidence
Appropriation
Creates a funding item in the GAA for the
National Plan
400 million for initial implementation Inclusion in the budget of implementing

agencies in the succeeding GAAs
THANK YOU!!
jonasbagas@gmail.com

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HIV and AIDS Amendment Bill

Uploaded by

Copyright:

Available Formats

Amending the HIV and AIDS law

Conicts with other laws

the coverage of condentiality is limited mainly to medical condentiality.

The Civil Society Proposal

National Plan, PNAC, NASPCP

Imprisonment, Fine, other sanctions

Initial funding, GAA, Investment

educational institutions, with referral for MARPS

Information for tourists, transients

Other provisions on prevention

Universal precaution policies (RA8504) PMTCT program to be integrated in

Establishment of treatment program Treatment guidelines c/o DOH

Care and Support

Exemptions to written consent requirement

Disclosure to sexual partners

Integrated in the positive prevention Partner notication guidelines to be

PLHIV may seek help from medical

Establishment of LAC or designation of local

Self-organize Resource mobilization and international

Policy recommendation Chaired by DOH, with core members and

imprisonment and administrative sanctions

Use of condoms as basis for raids, evidence

400 million for initial implementation Inclusion in the budget of implementing

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