PCP HIV AIDS Toolkit/Summary of RA 8054

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PCP HIV AIDS Toolkit Summary of RA 8054
This page is part of the PCP HIV AIDS Toolkit.

RA 8504 - The Philippine AIDS Law

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(This is a condensed version of the RA 8504)

Article 1

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The Government must promote education and information campaigns.

  • Schools and non-formal education programs must include HIV education.
  • The DOH must conduct public health education campaigns.
  • The government must provide education for Filipinos going abroad.
  • Employers, working with DOLE must develop workplace education and safety.
  • The Department of Tourism must provide education for tourists and transients.
  • LGUs must develop local HIV prevention and education efforts.
  • Accurate information about prophylactics will be provided.
  • It is against the law to give false or intentionally misleading information on HIV/AIDS.

Article 2

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The Government will develop and promote safe medical practices

  • All blood, organs, and tissue for donation will be tested. If it tests positive, it will be disposed of safely, and not used.
  • The DOH will provide guidelines on safe surgery and medical procedures.
  • Willfully or negligently dangerous practices will be against the law.

Article 3

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The Government will provide appropriate confidential HIV testing.

  • HIV testing can only be done with the consent of the person tested.
  • The DOH will provide anonymous HIV testing.
  • Counseling will be conducted before and after testing.
  • The DOH will make adequate and affordable HIV testing available in all of the Philippines.

Article 4

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The Government will ensure adequate health and support services for people with HIV.

  • Hospitals will provide adequate care for persons with HIV.
  • LGUs must provide community-based prevention and care efforts.
  • Livelihood efforts will be made available for people with HIV.
  • The DOH is to do STD prevention and control efforts.
  • The DOH is to make sure that health insurance is available to people with HIV.

Article 5

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The Government will monitor HIV/AIDS

  • The Government will establish an AIDSWATCH council.
  • Reporting procedures will be developed to track HIV rates, while respecting client confidentiality.
  • Contract tracing is permitted provided confidentiality is not breached.

Article 6

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Confidentiality will be protected on HIV status.

  • All healthcare workers, and anyone handling health records will strictly preserve patient confidentiality on HIV status, and the identity of people with HIV.
  • HIV status can be shared by health officials in three circumstances; officials of the AIDSWATCH council, Health workers who are involved in treatment and need to know for their own safety, and a judge if under subpoena for an official court case.
  • HIV results may be given to the person tested, an official of the AIDSWATCH council, and a parent or guardian. It cannot be given to anyone else.
  • Legal penalties can be provided for breaching confidentiality.
  • People with HIV must inform spouses and sex partners as soon as reasonably possible.

Article 7

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Discrimination against people with HIV is illegal.

  • Employers cannot discriminate in hiring, firing, promotion, or assignment based on actual or suspected HIV status.
  • Schools are not allowed to refuse admission, punish students, or deny participation in activities based on real or perceived HIV status.
  • A person with HIV has the legal right to travel, live, and lodge with the same freedom as any other citizen. Quarantines and other restrictions are illegal.
  • A person with HIV has every legal right to seek pubic office.
  • Credit services cannot be denied based on HIV status. Insurance cannot be refused based on HIV status, provided the person does not lie about their HIV status.
  • Hospitals can heath services cannot refuse treatment or discriminate based on HIV status.
  • Decent burials cannot be denied based on HIV status.
  • Legal penalties for discrimination will be enforced.

Article 8

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The government will establish a Philippine National AIDS Council

  • This council will be responsible for implementing the act and conducting all national AIDS performances.