REPUBLIC ACT 8981
• An Act Modernizing the Professional Regulation
Commission, Repealing for the Purpose Presidential
Decree Numbered Two Hundred and Twenty Three,
Entitled “Creating the Professional Regulation
Commission and Prescribing its Powers and Functions”
and for Other Purposes
• PD 223 was approved June 22, 1973
• With amendment by PD 657 approved on
February 19, 1975
• SECTION 1
• Title
• PRC Modernization Act of 2000
• SECTION 2
• Statement of Policy
• Role of professionals in nation-building
• Promoting sustained development of a reservoir
of professionals
• Competence determined by honest and
credible licensure exams
• Standards of professional service are
internationally recognized and
considered world-class
• Brought about by regulatory measures,
programs and activities that foster
professional growth and advancement
• SECTION 3
• Professional Regulation Commission
• Creation of three-man commission known as the
PRC referred to as the Commission
• Attached to the Office of the President
• SECTION 4
• Composition
• 1 full time Chairperson as the head and 2 full
time Commissioners
• Appointed by the President for a term of
7 years without reappointment
• To start at time they assume
office
• Appointments to vacancy that occur expiration of
term of a Commissioner shall cover only
unexpired term
• Most senior of the Commissioner shall
temporarily assume the duties of Chairperson
until a new appointment is made by the President
• SECTION 4
• Composition
• Chairperson and Commissioner shall be at least
40 years of age
• With valid COR / professional license
• With valid professional ID or certificate
of competency issued by the
Commission or valid professional
license issued by any government
agency
• Has at least 5 years of executive or
management experience
• One of the Commissioners must be a past
Chairperson / member of a Professional
Regulatory Board
• SECTION 5
• Exercise of Powers and Functions of the Commission
• Chairperson and Commissioners shall sit and act
as a body
• Exercise general administrative,
executive and policy making functions
• Establish and maintain high standard of
admission to the practice of all
professions
• Ensure and safeguard integrity of all
licensure examinations
• Chairperson as the presiding chief executive
officer
• Preside over meetings
• Implement policies and programs by the
Commission
• Perform other activities as necessary for
effective exercise of powers, functions
• SECTION 6
• Compensation and Other Benefits
• Chairperson shall receive compensation and
allowances equivalent to that of a Department
Secretary
• Commissioners shall receive compensation and
allowance equivalent to that of an Undersecretary
• Entitled to retirement benefits under RA 1568 as
amended by RA 3595
• SECTION 7
• Powers, Functions and Responsibilities of the Commission
• Administer, implement and enforce regulatory
policies; enhancement and maintenance of
professional and occupational standards and
ethics and enforcement of rules and regulations.
• Perform and all acts, enter contracts, make rules
and issue orders in the execution of its functions
and the improvement of services.
• Review, revise and approve policies promulgated
by Professional Regulatory Boards in the
exercise of their powers and functions.
• SECTION 7
• Powers, Functions and Responsibilities of the Commission
• Administer and conduct licensure examinations
by the various regulatory boards in accordance to
the rules and regulations.
• Determine and fix dates of exam, use of
buildings and facilities
• Approve the results and its release,
appoint supervisors and room watchers,
publish list of successful examinees,
provide schools offering courses for
licensure examinations
• Admit successful examinees to the practice of the
profession.
• Entry of name into registry book and
database, issue COR and professional
ID
• SECTION 7
• Powers, Functions and Responsibilities of the Commission
• To have custody of all records of various Boards.
• Exam papers, minutes of deliberation,
records of administrative cases and
investigations and exam results
• Determine and fix amount of fees to be charged
and collected for examination, registration,
registration without examination, professional ID,
certification, appeal, replacement, accreditation
including surcharges.
• Fees provided under RA 465 as
amended by RA 6511
• Fees as approved by the Office of the
President
• SECTION 7
• Powers, Functions and Responsibilities of the Commission
• Appoint officials and employees of the
Commission as necessary for effective
performance of its functions.
• Prescribe their duties and fix their
compensation, organize or reorganize
structure of the Commission, create or
abolish positions or change the
designation of existing positions with
approval from Office of President
• Submit and recommend to the President names
of licensed / registered professionals for
appointment as members of the various
Professional Regulatory Boards.
• From nominees based on the provisions
of EO 496 series 1991
• SECTION 7
• Powers, Functions and Responsibilities of the Commission
• Approve the registration of an authorize the
issuance of a COR / license and professional ID
card with or without examination to a foreigner
Medtech Laws and Ethics || Inosanto Notes | 1
 • Requirements for registration in their
country is substantially the same with
the Philippines and their country allows
Filipinos to practice the profession with
same privileges as its citizens in their
country
Authorize issuance of COR or special temporary
permit to foreign professionals who desire to practice in the
country
• Under international agreements,
consultants, joint ventures or
foreign assisted projects,
employees of Philippine or foreign
institutions, humanitarian missions
• SECTION 7
• Powers, Functions and Responsibilities of the
Commission
• Authorize any officer of the Commission to
administer oaths.
• Supervise foreign nations who are
authorized by existing laws to practice their
profession in the Philippines.
• Ensure terms and conditions for
their practice are complied with
• Monitor performance of schools in licensure
exams and publish results in a newspaper of
national circulation.
• SECTION 7
• Powers, Functions and Responsibilities of the
Commission
• Adopt and institute comprehensive rating
system for universities, colleges and training
institutions based on passing ratio and
overall performance in board exams.
• Exercise administrative supervision over
various professional regulatory boards and
its members.
• Adopt and promulgate rules and regulations
as necessary to implement policies.
• SECTION 7
• Powers, Functions and Responsibilities of the
Commission
• Implement the program for full
computerization of all licensure exams given
by various professional regulatory boards
including registration of professionals not
later than 2003 and other operations.
• Investigate and decide administrative
matters involving officers and employees
under jurisdiction of the Commission.
• Investigate (upon filing of complaint) any
member of the Professional Regulatory
Boards for violations of duties and
responsibilities and to revoke or suspend
CORs and professional IDs.
• Recommend their suspension or
removal to the Office of the
President
• SECTION 7
• Powers, Functions and Responsibilities of the
Commission
• Issue summons and subpoenas in
connection with investigation of cases
against officials and employees of the
Commission and members of Professional
Regulatory Boards.
• Hold in contempt erring party or person only
upon application with a court of competent
jurisdiction.
• Call upon or request any department, office,
agency of government to render assistance
or to coordinate and cooperate to carry out
and implement professional regulatory
policies.
• SECTION 7
• Powers, Functions and Responsibilities of the
Commission
• Initiate an investigation (upon complaint) any
person who practices the profession without
being authorized by law or without being
registered and licensed or who commits any
prohibited acts provided in the regulatory
laws.
• Prepare annual report of accomplishment on
the programs and activities of the
Commission for submission to Congress and
make appropriate recommendations on
issues and problems affecting the
Commission, Professional Regulatory Board
and various professions.
• SECTION 7
• Powers, Functions and Responsibilities of the
Commission
• Perform such other functions and duties as
may be necessary to carry out provisions of
this Act.
• SECTION 8
• Regional Offices
• Commission is authorized to create regional
offices as may be necessary to carry out
their functions.
• SECTION 9
• Powers, Functions and Responsibilities of
Professional Regulatory Boards
• Regulate the practice of the professions in
accordance to provisions of their respective
professional regulatory laws.
• Monitor conditions affecting the practice of
the profession and adopt measures for
enhancement of professions and
maintenance of high standards.
• Conduct inspections to ensure
compliance
• SECTION 9
• Powers, Functions and Responsibilities of
Professional Regulatory Boards
• Hear and investigate cases arising from
violations of laws.
• Issue subpoenas to alleged
violators and/or witnesses to
compel attendance in investigations
and hearings.
• Delegate the hearing or investigation of
cases filed before them.
• Presided by at least 1 member of
the Board assisted by a Legal or
Hearing Officer of the Commission
• SECTION 9
• Powers, Functions and Responsibilities of
Professional Regulatory Boards
• Conduct (through Legal Officers) summary
proceedings on minor violations and render
summary judgement thereon.
• Recommend registration without
examination and issue of COR and
professional ID card subject to approval by
the Commission.
• Suspend, revoke or reissue, reinstate COR
or licenses for causes provided by law.
• SECTION 9
• Powers, Functions and Responsibilities of
Professional Regulatory Boards
• Prepare, adopt and issue syllabi or table of
specifications of the subjects for examination
in consultation with the academe; determine
and prepare questions for licensure
examinations; score and rate exam papers
and submission of results to the Commission
within 10 days from last day of exam;
determine appropriate passing general
average rating subject to approval by the
Commission.
• Prepare annual report of accomplishments
for submission to the Commission and make
Medtech Laws and Ethics || Inosanto Notes | 2
 recommendations on issues or problems
affecting the profession.
• SECTION 10
• Compensation of Members of Professional
Regulatory Boards
• Members of the Boards shall receive
compensation equivalent to at least 2 salary
grades lower than the salary grade of the
Commissioners.
• Chairperson of Regulatory Board
shall receive monthly compensation
two steps higher than the members
of the Board
• They are entitled to other
allowances and benefits provided
under existing laws
• SECTION 11
• Person to Teach Subjects for Licensure Examination
on all Professions
• All subjects for licensure exams shall be
taught by persons who are holders of valid
COR and professional licenses of the
profession and who comply with other
requirements of CHED
• SECTION 12
• Assistance of Law Enforcement Agency
• Any law enforcement agency (upon request)
shall render assistance in enforcing the
regulatory law of the profession.
• SECTION 13
• Appropriations
• The amount necessary to carry out initial
implementation of this Act shall be charged
to current year’s (year 2000) appropriations
of the PRC
• Sums as may be necessary for
continued implementation of this
Act shall be included in the
succeeding General Appropriations
Act
• SECTION 14
• Authority to Use Income
• Commission is authorized to use its income
note exceeding Php 45,000,000.00 a year
for a period of 5 years after effectivity of this
Act to implement full computerization of its
operations subject to accounting and
auditing requirements.
• SECTION 15
• Penalties for Manipulation and Other Corrupt
Practices in the Conduct of Professional
Examinations
• Manipulation of exam results, makes know
exam questions prior to conduct of exams or
tampers with the grades in licensure exams
• Imprisonment of not less than 6
years and 1 day to 12 years
• Fine of at least Php 50,000.00 to
Php 100,000.00
• Or both fine and imprisonment
• If offender is an officer or employee of the
Commission or member of the regulatory
board
• Removal from office and penalty of
perpetual absolute disqualification
from public office along with
penalties prescribed in preceding
section of this Act
• SECTION 15
• Penalties for Manipulation and Other Corrupt
Practices in the Conduct of Professional
Examinations
• Penalty for accomplices
• Imprisonment from 4 years and 1
day to 6 years or a fine from Php
20,000.00 to Php 49,000.00 or both
fine and imprisonment
Penalty for accessories
• Imprisonment from 2 years and 1
day to 4 years or a fine from Php
5,000.00 to Php 19,000.00 or both
fine and imprisonment
• SECTION 16
• Penalties for Violation of Section 7 – Subparagraph 1
by Heads of Government Agencies or Officers of
Private Institutions
• Any violation by heads or officers of
agencies on Section 7 subpar. 1
• Imprisonment of not less than 6
months and 1 day to not more than
6 years or fine of not less than Php
50,000.00 to not more than Php
500,000 or both
• SECTION 17
• Implementing Rules and Regulations
• The PRC together with various Professional
Regulatory Boards and accredited
professional organizations, the DBM and
CHED shall prepare and promulgate
necessary rules and regulations needed to
implement provisions of this Act
• Within 90 days after approval of this
Act
• SECTION 18
• Transitory Provisions
• Incumbent Commissioner and 2 incumbent
Associate Commissioners shall serve as
Chairperson and Commissioners
respectively under the terms for which they
have been appointed
• Without need of new appointments
• Incumbent Executive Director shall likewise
serve as Assistant Commissioner without
need of new appointment
• SECTION 19
• Separability Clause
• If any provision of this Act is declared invalid,
remainder of this Act shall not be affected by
such declaration.
• SECTION 20
• Repealing Clause
• All other laws, orders, rules and regulations
inconsistent with the provisions of this Act
are hereby repealed or amended
accordingly.
• SECTION 21
• Effectivity
• This Act shall take effect after 15 days
following publication in the Official Gazette or
in 2 newspapers of general circulation
• Approved December 5, 2000
• REFERENCES
1. Moraleta, N. 2015. Manila, Philippines.
2. Suba, S.C. Milanez, G.D.J. 2017. C&E Publishing,
Inc. Quezon, City, Philippines.
REPUBLIC ACT 9288
• Medical Technology laws
• PRIOR LAWS
• Administrative Order 1-A series of 2000
• Policies on the Nationwide Implementation of
Newborn Screening
• January 3, 2000
• Administrative Order 121 series of 2003
• Strengthening Implementation of the
National Newborn Screening System
• December 9, 2003
• REPUBLIC ACT 9288
• An Act Promulgating a Comprehensive Policy and a
National System for Ensuring Newborn Screening
• SECTION 1
• Short Title
Medtech Laws and Ethics || Inosanto Notes | 3
 • Newborn Screening Act of 2004
• SECTION 2
• Declaration of Policy
• Protect and promote health of the people,
including rights of children
• Survival and full and healthy
development as normal individuals
• Institutionalize a newborn screening system
• Ensure that every baby born in the
Philippines is offered the opportunity to
undergo newborn screening
• Spared from heritable conditions
that can lead to mental retardation
and death
• SECTION 3
• Objectives
• Ensure that every newborn has access to
newborn screening for certain heritable
conditions
• Establish and integrate a sustainable
newborn screening system
• Ensure that all health practitioners are aware
of the advantages of newborn screening and
of their responsibilities in offering newborn
screening
• Ensure that parents recognize their
responsibility in promoting their child’s right
to health and full development
• CURRENTLY SCREENED DISORDERS
1. Congenital hypothyroidism (CH)
2. Congenital adrenal hyperplasia (CAH)
3. Phenylketonuria (PKU)
4. Glucose-6-phosphate dehydrogenase deficiency
(G6PD)
5. Galactosemia (GAL)
6. Maple syrup urine disease (MSUD)
• CONGENITAL HYPOTHYROIDISM
• Inadequate thyroid hormone production on newborns.
• Defect in the gland, inborn error of thyroid
metabolism or iodine deficiency
• CONGENITAL ADRENAL HYPERPLASIA
• Autosomal recessive disorders causing deficiency of
enzymes
• Deficiency of 21-hydroxylase
• Less production of cortisol and/or
aldosterone
• PHENYLKETONURIA
• Increases levels of phenylalanine in the blood
• Increased levels can cause intellectual
disability and other health problems
• G6PD DEFICIENCY
• Inadequate amount of glucose-6-phosphate
dehydrogenase in the blood
• RBCs prone to oxidative damage causing
hemolysis
• GALACTOSEMIA
• Inability to break down galactose sugar
• Galactose builds up in the blood causing health
issues
• MAPLE SYRUP URINE DISEASE
• Body is unable to break down certain amino acids
• Leucine, isoleucine, valine
• Buildup of substances in blood
• Urine has characteristic maple syrup odor
• SECTION 4
• Definition of Terms
• Comprehensive Newborn Screening System
• Newborn
• Newborn Screening
• Newborn Screening Center
• Newborn Screening Reference Center
• SECTION 5
• Obligation to Inform
• Inform parents or legal guardian of newborn
of availability, nature and benefits of
newborn screening
• Main responsibility of DOH
• SECTION 6
• Performance of Newborn Screening
• Performed after 24 hours of life but not later
than 3 days from complete delivery of
newborn
• If newborn is in ICU, exempted from 3 day
requirement but must be tested by 7 days of
age
• Responsibility of both parent/s and
practitioner or other person delivering the
newborn to ensure newborn screening is
performed
• SECTION 7
• Refusal to be tested
• Parent or legal guardian may refuse testing
on grounds of religious belief
• Acknowledge in writing their
understanding that refusal places
their newborn at risk for
undiagnosed heritable conditions
• SECTION 8
• Continuing Education, Re-education and Training
Health Personnel
• DOH with assistance of the NIH and other
agencies
• Conduct continuing information,
education, re-education and training
programs for health personnel
• Disseminate information materials
annually to all health personnel
involved
• SECTION 9
• Licensing and Accreditation
• DOH and PHIC shall require health
institutions to provide newborn screening
services as condition for licensure or
accreditation
• SECTION 10
• Lead Agency
• DOH shall be lead agency in implementing
this Act
• Establish Advisory Committee on
Newborn Screening
• Develop implementing rules and
regulations
• Coordinate with DILG for
implementation of newborn
screening program
• Coordinate with NIH Newborn
Screening Reference Center for
accreditation of Newborn Screening
Centers and preparation of testing
protocols and quality assurance
programs
• SECTION 11
• Advisory Committee on Newborn Screening
• Secretary of Health as Chairman
• Executive Director of NIH as Vice
Chairperson
• Executive Director of the Council for Welfare
of Children
• Director of the Newborn Screening
Reference Center
• 3 representatives appointed by Secretary of
Health who shall be a pediatrician,
obstetrician, endocrinologist, family
physician, nurse or midwife from public or
private sector
• Term of 3 years subject to
reappointment for additional 3 years
for each extension
• Committee shall meet at least twice a year
• CHAPTER 12
• Establishment and Accreditation of Newborn
Screening Centers
• DOH shall ensure strategically located to be
accessible to the public
Medtech Laws and Ethics || Inosanto Notes | 4
 • No newborn screening center shall be
allowed to operate unless duly accredited by
the DOH based on standards set by the
Committee
• CHAPTER 13
• Establishment of a Newborn Screening Reference
Center
• NIH shall establish a Newborn Screening
Reference Center
• Responsible for national testing
database and case registries,
training, technical assistance and
continuing education
• SECTION 14
• Quality Assurance
• NIH Newborn Screening Reference Center
shall be responsible for drafting and ensuring
good laboratory practice standards for
newborn screening centers
• SECTION 15
• Database
• All newborn screening centers shall
coordinate with the NIH Newborn Screening
Reference Center for consolidation of patient
database
• Maintain a national database of patients
tested and a registry for each condition
• SECTION 16
• Newborn Screening Fees
• PHIC shall include newborn screening in its
benefits package
• Screening fee shall be applied to testing
costs, education, sample transport, follow-up
and reasonable overhead expenses
• Distribution of fees
• At least 4% each to the following
• DOH Centers for Health
Development
• Newborn Screening
Centers
• NIH Newborn Screening
Center
• FINAL PROVISIONS
• Section 17 – Repealing Clause
• Section 18 – Separability
• Section 19 – Effectivity
• This Act shall take effect 15 days after its
publication in at least 2 newspapers
• Approved by the President April 7, 2004
• REFERENCES
1. Moraleta, N. 2015. Manila, Philippines.
2. Suba, S.C. Milanez, G.D.J. 2017. C&E Publishing,
Inc. Quezon, City, Philippines.
REPUBLIC ACT 10912
• An Act Mandating and Strengthening the Continuing
Professional Development Program for All Regulated
Professions, Creating the Continuing Professional
Development Council, and Appropriating Funds
Thereof, and for Other Related Purposes
• SECTION 1
• Title
• Continuing Professional Development Act of
2016
• SECTION 2
• Declaration of Policy
• Promote and upgrade the practice of
professions
• Continuously improve the competence of
professionals
• In accordance with international
standards
• Contribution in uplifting the general welfare,
economic growth and development of the
nation
• SECTION 3
• Definition of Terms
• Accreditation
• AIPO/APO
• ASEAN Qualifications Reference Framework
(AQRF)
• ASEAN Mutual Recognition Arrangement
(AMRA)
• Continuing Professional Development (CPD)
• CPD Council
• CPD Program
• CPD Provider
• SECTION 4
• Strengthening the CPD Program
• Enhance and upgrade competency and
qualifications of professionals
• Ensure international alignment of
competencies and qualifications of
professionals
• Ensure development of quality assured
mechanisms for validation, accreditation and
recognition of learning outcomes
• Ensure maintenance of core competencies
and development of advanced and new
competencies to respond to labor market
needs
• Recognize and ensure contributions of
professionals in uplifting general welfare,
economic growth and development of the
nation
• SECTION 5
• Nature of CPD Programs
• Activities that range from structured to
nonstructured activities
• Have learning processes and
outcomes
• Formal, nonformal, informal, self-
directed, online learning activities,
professional work experience
• SECTION 6
• Powers, Functions and Responsibilities of the PRC
and the Professional Regulatory Boards (PRBs)
• Organize CPD Councils for each regulated
profession and promulgate guidelines
• Review existing and new CPD Programs for
all regulated professions
• Formulate, issue and promulgate guidelines
and procedures for the implementation of the
CPD Programs
• Coordinate with the academe, government
agencies and stakeholders in the
implementation of CPD Programs
• Coordinate with government agencies in the
development of mechanisms in the grant and
transfer of credit units earned from all
learning activities
• SECTION 7
• CPD Council
• Creation of CPD Council in each of the
regulated professions
• Under supervision of concerned
PRB
• CPD Council composed of 1 chairperson
and 2 members
• Chairperson shall be the member of
the PRB concerned
• 1st member president or officer of
AIPO/APO
• 2nd member president or officer of
national organization of deans and
department chairpersons of schools
and universities offering the course
requiring licensure examination
• Term of office
• Chairperson coterminous with
incumbency in the PRB
• Members shall have office of 2
years
Medtech Laws and Ethics || Inosanto Notes | 5
 • SECTION 8
• Powers, Functions and Responsibilities of the CPD
Council
• Ensure appropriate provision of CPD
Programs for their respective profession
• Evaluate and act on applications for
accreditation of CPD Providers and their
CPD Programs
• Monitor and evaluate implementation of CPD
Programs
• Assess and/or upgrade the criteria for
accreditation of CPD Providers and CPD
Programs
• SECTION 8
• Powers, Functions and Responsibilities of the CPD
Council
• Develop mechanisms for validation,
accreditation and recognition of self-directed
learning, prior/informal learning, online
learning and other learning processes
• Conduct research and benchmarking for
international alignment
• Issue operational guidelines with approval of
PRC and PRB
• Perform such other functions related to
implementation of CPD
• SECTION 9
• Secretariat
• CPC Council Secretariat is created at the
PRC Central and Regional Offices
• Technical administrative and
operational support to CPD
Councils and the PRBs
• Headed by an Executive Director
appointed by PRC
• SECTION 10
• CPD as Mandatory Requirement in the Renewal of
Professional License and Accreditation System for the
Practice of Professions
• CPD is required for renewal of Professional
Identification Cards (PIC) of all registered
and licensed professionals under PRC
• SECTION 11
• Recognition of Credit Units
• All duly validated and recognized CPD credit
units earned shall be accumulated and
transferred in accordance with Pathways and
Equivalencies of the Philippine Qualifications
Framework
• SECTION 12
• Career Progression and Specialization
• PRC and PRBs shall formulate and
implement a Career Progression and
Specialization Program for every profession
as part of the CPD
• In consultation with AIPO/APO,
Civil Service Commission (CSC),
government agencies, stakeholders
• SECTION 13
• Role of Concerned Government Agencies and Private
Sector
• All concerned government agencies and
private firms employing professionals shall
include CPD as part of their human resource
development plan and program
• SECTION 14
• Funding
• Funding included in the General
Appropriations Act under the PRC
• Funding to be used for regular operations of
the CPD Councils, including monitoring of
the conduct of CPD Programs
• PRC shall review and approve proposed
budget by each CPD Council
• SECTION 15
• Implementing Rules and Regulations
• PRC and PRBs shall promulgate the
implementing rules and regulations (IRR)
within 6 months from effectivity of this Act
• In consultation with AIPO/APO and
other stakeholders
• PRBs may prescribe its own requirements or
procedure as may be pertinent and
applicable to the specific profession
• Provided, does not contravene any
of the provisions of this Act or its
IRR
• SECTION 16
• Fraud Relating to CPD
• Fraudulent acts relating to implementation
and enforcement of this Act
• Punishable under provisions of the
Revised Penal Code, New Civil
Code and other applicable laws
• Professional adjudged guilty of fraudulent
acts related to CPD
• Suspension or revocation of PRC
COR and/or Certificate of
Specialization
• Government official or employee guilty of
fraudulent acts
• Administrative penalties to be
imposed under anti-graft laws, the
Administrative Code and the Code
of Conduct of Public Officials and
Employees
• SECTION 17
• Separability Clause
• Any part or provision of this Act is declared
invalid, the other provisions will not be
affected and shall remain in force and effect
• SECTION 18
• Repealing Clause
• All laws, decrees, EOs inconsistent with the
provisions of this Act are repealed or
modified accordingly
• SECTION 19
• Effectivity
• This Act shall take effect 15 days following
complete publication in the Official Gazette
or in 2 newspapers of general circulation
• Approved by Congress May 23, 2016
• Lapsed into law
• July 21, 2016
• Was not signed by Former President
Benigno S. Aquino III
• CPD ACTIVITIES
• Originally, Medical Technologists are required 45
CPD units for renewal of Professional ID
• Currently, required CPD units has been adjusted by
the updated IRR
• To provide professionals adequate time to
prepare given this newly implemented law
• CPD ACTIVITIES
• CPD ACTIVITIES
• CPD ACTIVITIES
• CPD ACTIVITIES
• CPD ACTIVITIES
• REFERENCES
1. Moraleta, N. 2015. Manila, Philippines.
2. Suba, S.C. Milanez, G.D.J. 2017. C&E Publishing,
Inc. Quezon, City, Philippines.
BASIC INFORMATION ABOUT NEWBORN
SCREENING
PRESENTED BY:
JC JOHN T. JAMILI, RMT, MSMT-CAR
From:
NSRC
Newborn Screening Reference Center
N.I.H., U.P. Manila
Medtech Laws and Ethics || Inosanto Notes | 6

Unit 304 New Gold Bond Building
1579 F. T. Benitez St., Malate, Manila
What is newborn screening?
 Newborn Screening (NBS) is a simple procedure to
find out if your baby has a congenital metabolic
disorder that may lead to mental retardation or even
death if left untreated.
Why is it important to have newborn screening?
 Most babies with metabolic disorders look "normal" at
birth.
 By doing NBS, metabolic disorders may be detected
even before clinical signs and symptoms are present.
 And as a result of this, treatment can be given early to
prevent consequences of untreated conditions.
When is newborn screening done?
 Newborn screening is ideally done immediately after
24 hours from birth.
How is newborn screening done?
 A few drops of blood are taken from the baby's heel,
blotted on a special absorbent filter card and then
sent to Newborn Screening Center (NSC).
Who will collect the sample for newborn screening ?
 The blood sample for NBS may be collected by any of
the following:
o Physician
o Nurse
o Medical technologist
o Trained midwife
What is expanded newborn screening?
 The expanded newborn screening program will
increase the screening panel of disorders from six (6)
to twenty-eight (28).
 This will provide opportunities to significantly improve
the quality of life of affected newborns through
facilitating early diagnosis and early treatment.
What is the difference between newborn screening and
expanded newborn screening?
 The difference is the number of disorders each of
them can detect.
 Both tests are performed by collecting a few drops of
blood through the heel-prick method,
 but the laboratory testing methods applied are
different.
What are the additional disorders tested by expanded
newborn screening?
 Aside from the six conditions in the previous panel:
 Congenital Hypothyroidism
 Congenital Adrenal Hyperplasia
 Galactosemia
 Phenylketonuria
 Maple Syrup Urine Disease
 Glucose-6-Phosphate Dehydrogenase Deficiency
 The expanded newborn screening will screen for
additional disorders falling under various groups of
conditions namely:
 Hemoglobinopathies
 Disorders of amino acid and organic acid metabolism
 Disorders of fatty acid oxidation
 Disorders of carbohydrate metabolism
 Disorders of biotin metabolism
 Cystic fibrosis
How much is the fee for newborn screening?
 Expanded newborn screening will be offered to you
as an option in all newborn screening facilities.
 The first option is screening for the six disorders at
₱550, which is included in the newborn care package
for PhilHealth members.
 The second option is screening for the full
complement of 28 disorders at ₱1,500.
Is expanded screening covered by PhilHealth?
 Currently, only P550 is covered by PhilHealth.
 If you are a PhilHealth member, and opt to have your
baby undergo expanded newborn screening:
 you will pay the remaining cost which is P950.
Where is newborn screening available?
 Newborn screening is available in:
o Hospitals
o Lying-ins
o Rural Health Unit
o Health Centers
o some private clinics.
o If babies are delivered at home, babies may
be brought to the nearest institution offering
newborn screening.
When are newborn screening results available?
 Results can be claimed from the health facility where
NBS was availed.
 Normal NBS Results are available by 7 - 14 working
days from the time samples are received at the NSC.
 Positive NBS results are relayed to the parents
immediately by the health facility.
 Please ensure that the address and phone number
you will provide to the health facility are correct.
 A NEGATIVE SCREEN MEANS THAT THE NBS
RESULT IS NORMAL.
A positive screen means that the newborn must be
brought back to his/her health practitioner for further
testing.
What should be done when a baby is tested a positive
NBS result?
 Babies with positive results must be referred at once
to a specialist for confirmatory testing and further
management.
 Should there be no specialist in the area, the NBS
secretariat office will assist its attending physician.
Why screen your baby?
 Standard 6-Test
 Expanded Newborn Screening
Medtech Laws and Ethics || Inosanto Notes | 7

RA 9288: NEWBORN SCREENING ACT
Presented by:
JC John T. Jamili, RMT, MSMT-CAR
• Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Session
• Begun and held in Metro Manila, on Monday, the
twenty-eight day of July, two thousand three.
• Republic Act No. 9288
April 07, 2004
• AN ACT PROMULGATING A COMPREHENSIVE
POLICY AND A NATIONAL SYSTEM FOR
ENSURING NEWBORN SCREENING
• Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
• ARTICLE 1
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the
"Newborn Screening Act of 2004."
• SEC. 2. Declaration of Policy.
• It is the policy of the State to protect and promote the
right to health of the people, including the rights of
children to survival and full and healthy development
as normal individuals.
• In pursuit of such policy, the State shall institutionalize
a national newborn screening system that is
comprehensive, integrative and sustainable, and will
facilitate collaboration among government and non-
government agencies at the national and local levels,
the private sector, families and communities,
professional health organizations, academic
institutions, and non-governmental organizations.
• SEC. 2. Declaration of Policy.
The National Newborn Screening System shall ensure that
every baby born in the Philippines:
• is offered the opportunity to undergo newborn
screening
• and thus be spared from heritable conditions that can
lead to mental retardation and death if undetected
and untreated.
• SEC. 3. Objectives. - The objectives of the National
Newborn Screening System are:
• 1) To ensure that every newborn has access to
newborn screening for certain heritable conditions
that can result in mental retardation, serious health
complications or death if left undetected and
untreated;
• SEC. 3. Objectives. - The objectives of the National
Newborn Screening System are:
• 2) To establish and integrate a sustainable newborn
screening system within the public health delivery
system;
• SEC. 3. Objectives. - The objectives of the National
Newborn Screening System are:
• 3) To ensure that all health practitioners are aware of
the advantages of newborn screening and of their
respective responsibilities in offering newborns the
opportunity to undergo newborn screening; and
• SEC. 3. Objectives. - The objectives of the National
Newborn Screening System are:
• 4) To ensure that parents recognize their
responsibility in promoting their child's right to health
and full development, within the context of
responsible parenthood, by protecting their child from
preventable causes of disability and death through
newborn screening.
• ARTICLE 2
DEFINITION OF TERMS
• SEC. 4. Definitions. - Under this Act, the following
terms shall have the meanings respectively given to
them below:
1) Comprehensive Newborn Screening System
means a newborn screening system that includes,
but is not limited to, education of relevant
stakeholders;
collection and biochemical screening of blood
samples taken from newborns;
tracking and confirmatory testing to ensure the
accuracy of screening results;
clinical evaluation and biochemical/medical
confirmation of test results;
drugs and medical/surgical management and dietary
supplementation to address the heritable conditions;
and evaluation activities to assess long term outcome,
patient compliance and quality assurance.
2) Follow-up
means the monitoring of a newborn with a heritable
condition
for the purpose of ensuring that the newborn patient
complies fully with the medicine of dietary
prescriptions.
3) Health institutions
mean hospitals, health infirmaries, health centers,
lying-in centers or puericulture centers with obstetrical
and pediatric services, whether public or private.
4) Healthcare practitioner
means physicians, nurses, midwives, nursing aides
and traditional birth attendants.
5) Heritable condition
means any condition that can result in mental
retardation, physical deformity or death if left
undetected and untreated and
which is usually inherited from the genes of either or
both biological parents of the newborn.
6) NIH
means the National Institute of Health
7) Newborn
means a child from the time of complete delivery to 30
days old.
8) Newborn Screening
means the process of collecting a few drops of blood
from the newborn onto an appropriate collection card
Medtech Laws and Ethics || Inosanto Notes | 8
 and performing biochemical testing for determining if
the newborn has a heritable condition.
9) Newborn Screening Center
means a facility equipped with a newborn screening
laboratory that complies with the standards
established by the NIH and provides all required
laboratory tests and recall/follow-up programs for
newborns with heritable conditions.
10) Newborn Screening Reference Center
means the central facility at the NIH
that defines testing and follow-up protocols, maintains
an external laboratory proficiency testing program,
oversees the national testing database and case
registries, assists in training activities in all aspects of
the program, oversees content of educational
materials
and acts as the Secretariat of the Advisory Committee
on Newborn Screening.
11) Parent education
means the various means of providing parents or
legal guardians information about newborn screening.
12) Recall
means a procedure for locating a newborn with a
possible heritable condition
for purposes of providing the newborn with
appropriate laboratory to confirm the diagnosis and,
as appropriate, provide treatment.
13) Treatment
means the provision of prompt, appropriate and
adequate medicine, medical, and surgical
management or dietary prescription to a newborn
for purposes of treating or mitigating the adverse
health consequences of the heritable condition.
• ARTICLE 3
NEWBORN SCREENING
SEC. 5. Obligation to Inform.
- Any health practitioner who delivers, or assists in the
delivery, of a newborn in the Philippines
- shall, prior to delivery, inform the parents or legal
guardian of the newborn of the availability, nature and
benefits of newborn screening.
- Appropriate notification and education regarding this
obligation shall be the responsibility of the
Department of Health (DOH).
• SEC. 6. Performance of Newborn Screening.
Newborn screening shall be performed:
- after twenty-four (24) hours of life but not later than
three (3) days from complete delivery of the newborn.
A newborn that must be placed in intensive care in order to
ensure survival may be exempted from the 3-day requirement
but must be tested by seven (7) days of age.
• It shall be the joint responsibility of the parent(s) and
the practitioner or other person delivering the
newborn to ensure that newborn screening is
performed.
An appropriate informational brochure for parents to assist in
fulfilling this responsibility shall be made available by the
Department of Health
- and shall be distributed to all health institutions
- and made available to any health practitioner
requesting it for appropriate distribution.
• SEC. 7. Refusal to be Tested.
A parent or legal guardian may refuse testing on the grounds
of religious beliefs,
- but shall acknowledge in writing their understanding
that refusal for testing places their newborn at risk for
undiagnosed heritable conditions.
A copy of this refusal documentation shall be made part of the
newborn's medical record
- and refusal shall be indicated in the national newborn
screening database.
• SEC. 8. Continuing Education, Re-education and
Training Health Personnel.
The DOH, with the assistance of the NIH and other
government agencies, professional societies and non-
government organizations, shall:
(i) conduct continuing information, education, re-
education and training programs for health personnel
on the rationale, benefits, procedures of newborn
screening; and
(ii) disseminate information materials on newborn
screening at least annually to all health personnel
involved in material and pediatric care.
• SEC. 9. Licensing and Accreditation.
The DOH and the Philippine Health Insurance Corporation
(PHIC)
• shall require health institutions to provide newborn
screening services as a condition for licensure or
accreditation.
• ARTICLE 4
IMPLEMENTATION
• SEC. 10. Lead Agency. - The DOH shall be the lead
agency in implementing this Act.
• For purposes of achieving the objectives of this Act,
the DOH shall:
1) Establish the Advisory Committee on Newborn Screening:
2) Develop the implementing rules and regulations for the
immediate implementation of a nationwide newborn screening
program
- within one hundred eight (180) days from the
enactment of this Act;
3) Coordinate with the Department of the Interior and Local
Government (DILG)
- for implementation of the newborn screening
program;
4) Coordinate with the NIH Newborn Screening Reference
Center
- for the accreditation of Newborn Screening Centers
and preparation of defined testing protocols and
quality assurance programs.
• SEC. 11. Advisory Committee on Newborn
Screening.
To ensure sustained inter-agency collaboration:
- the Advisory Committee on Newborn Screening is
hereby created and made an integral part of the
Office of the Secretary of the DOH.
• The Committee shall:
• review annually and recommend conditions to be
included in the newborn screening panel of disorders;
• review and recommend the newborn screening fee to
be charged by Newborn Screening Centers;
• review the report of the Newborn Screening
Reference Center on the quality assurance of the
National Screening Centers and
• recommend corrective measures as deemed
necessary.
• The Committee shall be composed of eight (8)
members:
The Secretary of Health who shall act as Chairman.
The other members of the Committee shall be as follows:
(i) the Executive Director of the NIH, who shall act as
Vice Chairperson;
(ii) an Undersecretary of the DILG;
(iii) the Executive Director of the Council for the Welfare
of Children
(iv) the Director of the Newborn Screening Reference
Center; and
(v) three (3) representatives appointed by the Secretary
of Health who shall be a:
- pediatrician, obstetrician, endocrinologist, family
physician, nurse or midwife, from either the public or
private sector.
The three (3) representatives shall be appointed for a term of:
- three (3) years, subject to their being reappointed for
additional three (3) years period for each extension.
The Committee shall meet:
- at least twice a year.
The NIH shall serve as the Secretariat of the Committee.
• SEC. 12. Establishment and Accreditation of
Newborn Screening Centers.
• The DOH shall ensure that Newborn Screening
Centers are strategically located in order to be
accessible to the relevant public and provide services
Medtech Laws and Ethics || Inosanto Notes | 9
 that comply with the standards approved by the
Committee upon the recommendation of the NIH.
• No Newborn Screening Center shall be allowed to
operate unless it has been duly accredited by the
DOH based on the standards set forth by the
Committee.
• At a minimum, every Newborn Screening Center
shall:
(i) have a certified laboratory performing all tests
included in the newborn screening program,
(ii) have a recall/follow up programs for infants found
positive for any and all of the heritable conditions;
(iii) be supervised and staffed by trained personnel who
have been duly qualified by the NIH; and
(iv) submit to periodic announced or unannounced
inspections by the Reference Center in order to
evaluate and ensure quality Newborn Screening
Center performance.
• SEC. 13. Establishment of a Newborn Screening
Reference Center.
The NIH shall establish a Newborn Screening Reference
Center,
• which shall be responsible for the national testing
database
• and case registries, training, technical assistance and
continuing education for laboratory staff in all
Newborn Screening Centers.
• SEC. 14. Quality Assurance.
The NIH Newborn Screening Reference Center shall be
responsible for: - drafting and ensuring good laboratory
practice standards for newborn screening centers,
- including establishing an external laboratory
proficiency testing and certification program.
It shall also act as the principal repository of technical
information relating to newborn screening standards and
practices,
- and shall provide technical assistance to newborn
screening centers needing such assistance.
• SEC. 15. Database.
- All Newborn Screening Centers shall coordinate with the NIH
Newborn Screening Reference Center for consolidation of
patient databases.
The NIH Newborn Screening Reference Center shall maintain
a national database of patients tested and a registry for each
condition.
- It shall submit reports annually to the Committee and
to the DOH on the status of and relevant health
information derived from the database.
A plan for long-term outcome evaluation of newborn screening
utilizing the cases registries:
- shall be developed within one (1) year of passage of
this Act by the NIH Newborn Screening Reference
Center in consultation with the Advisory Committee
on Newborn Screening.
Implementation of this plan shall become a responsibility of the
Advisory Committee on Newborn Screening.
• SEC. 16. Newborn Screening Fees.
The PHIC shall include cost of newborn screening in its
benefits package.
The newborn screening fee shall be applied to, among others:
- testing costs
- education
- sample transport
- follow-up and
- reasonable overhead expenses.
• To ensure sustainability of the National System for
Newborn Screening:
The newborn screening fee shall be divided and set aside for
the following purposes:
At least four percent (4%) to the DOH's Centers for Health
Development or its future equivalent to be spent solely for
- follow-up services,
- education
- and other activities directly related to the provision of
newborn screening services;
• To ensure sustainability of the National System for
Newborn Screening:
At least four percent (4%) to the Newborn Screening Centers
for:
- human resource development and
- equipment maintenance and upgrading;
• To ensure sustainability of the National System for
Newborn Screening:
At least four percent (4%) to the NIH Newborn Screening
Reference Center for:
- overall supervision, training and continuing education,
- maintenance of national database,
- quality assurance program and
- monitoring of the national program;
And the balance for the operational and other expenses of the
Newborn Screening Center.
• ARTICLE 5
FINAL PROVISIONS
SEC. 17. Repealing Clause.
- All general and special laws, decrees, executive orders,
proclamations and administrative regulations, or any parts
thereof, which are inconsistent with this Act are hereby
repealed or modified accordingly.
• SEC. 18. Separability.
If, for any reason or reasons, any party of provisions of this Act
shall be declared or held to be unconstitutional or invalid:
- other provision or provisions hereof which are not affected
thereby shall continue to be in full force and effect.
• SEC. 19. Effectivity.
This Act shall take effect:
- fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
• Approved,
FRANKLIN DRILON
President of the Senate
JOSE DE VENECIA JR.
Speaker of the House of Representatives
• This Act which is consolidation of Senate No. 2707
and House Bill No. 6625 was finally passed by the
Senate and the House of Representatives on
February 2, 2004 and February 5, 2004, respectively
OSCAR G. YABES
Secretary of Senate
ROBERTO P. NAZARENO
Secretary General
House of Represenatives
Approved: April 07, 2004
GLORIA MACAPAGAL-ARROYO
President of the Philippines
AO 2008-0026-A
Addendum to the Rules and Regulations Implementing
Republic Act No. 9288, Otherwise Known as the "New Born
Screening Act of 2004"
Presented by:
JC John T. Jamili, RMT, MSMT-CAR
*see image attached at back*
SUMMARY OF:
REPUBLIC ACT 8504
Philippine AIDS Prevention and Control Act of 1998
Presented by:
JC John T. Jamili, RMT, MSMT-CAR
 ”AN ACT PROMULGATING POLICIESAND
PRESCRIBING MEASURES FOR THE
PREVENTIONAND CONTROL OF HIV/AIDS IN THE
PHILIPPINES,INSTITUTING A NATIONWIDE
HIV/AIDS INFORMATION AND EDUCATIONAL
PROGRAM, ESTABLISHING A COMPREHENSIVE
HIV/AIDS MONITORING SYSTEM,
STRENGTHENINGTHE PHILIPPINENATIONAL
AIDS COUNCIL, AND FOROTHERPURPOSES”
 What is RA 8504 all about?
 Participation of affected individuals in propagating
vital information and educational messages about
HIV/AIDS
Medtech Laws and Ethics || Inosanto Notes | 10
  Positively address and seek to eradicate conditions
that aggravate the spread of HIV infection
 Safety and universal precautions in practices and
procedures that carry risk of HIV transmission
 What is RA 8504 all about?
 Full protection of the human rights and civil liberties of
every person suspected or known to be infected with
HIV and AIDS
 Public awareness through comprehensive nationwide
educational and information campaign
 Background
 Was approved on: February 13, 1998
 Approved by: Former President Fidel V. Ramos
 Mandated by: The Philippine National AIDS Council
(PNAC)
 Created on: December 3,1992 , by Executive Order
No.39
PNAC is reconstituted by Republic Act 8504 as the central
advisory, planning and policy making body on the prevention
and control of HIV and AIDS in the country.
 Functions of the Philippine National AIDS Council
(PNAC):
 Secure recommendations, ensure coverage in
information and education, monitoring, guidelines in
medical and other practices and procedures, health
and support services, testing and counseling,
protection of rights, observance of confidentiality
 Monitor the implementation of the rules and
regulation, issue or cause issuance of orders, or
make recommendations
 Functions of the Philippine National AIDS Council
(PNAC):
 Develop and monitor comprehensive, long-term
program
 Coordinate and strengthen working relationships of
government and non-government agencies
 Coordinate and cooperate with foreign and
international organizations
 Evaluate adequacy and recommend on utilization of
resources
 Definition of terms
 "Acquired Immune Deficiency Syndrome (AIDS)"
 a condition characterized by a combination
of signs and symptoms, caused by HIV
contracted from another person and which
attacks and weakens the body's immune
system, making the afflicted individual
susceptible to other life-threatening
infections.
 "Anonymous Testing"
 HIV testing procedure whereby the individual
being tested does not reveal his/her true
identity and uses number or symbol to
substitute for the name.
 "Compulsory HIV Testing"
 HIV testing imposed upon a person attended
or characterized by the lack of or vitiated
consent, use of physical force, intimidation or
any form of compulsion.
 "Contact tracing"
 refers to the method of finding and
counseling the sexual partner(s) of a person
who has been diagnosed as having STD.
 "Human Immunodeficiency Virus (HIV)"
 refers to the virus which causes AIDS.
 "HIV/AIDS Monitoring"
 documentation and analysis of the number of
HIV/AIDS infections and the pattern of its
spread.
 "HIV/AIDS Prevention and Control"
 measures aimed at protecting non-infected
from contracting HIV and minimizing the
impact of the condition of persons living with
HIV.
 " HIV-positive"
 the presence of HIV infection as documented
by the presence of HIV or HIV antibodies in
the sample being tested.
 "HIV-negative"
 denotes the absence of HIV or HIV
antibodies upon HIV testing.
 "HIV Testing"
 any laboratory procedure done on an
individual to determine the presence or
absence of HIV infection.
 "HIV Transmission“
 the transfer of HIV from one infected person
to an uninfected individual, most commonly
through sexual intercourse, blood
transfusion, sharing of intravenous needles
and during pregnancy.
 "High-Risk Behavior“
 a person's frequent involvement in certain
activities which increase the risk of
transmitting or acquiring HIV.
 "Informed Consent“
 the voluntary agreement of a person to
undergo or be subjected to a procedure
based on full information, whether such
permission is written, conveyed verbally, or
expressed indirectly.
 "Medical Confidentiality”
 the relationship of trust and confidence
created or existing between a patient or a
person with HIV and his attending physician
and all other health personnel involved in
any counseling, testing or professional care
 "Person with HIV"
 an individual whose HIV test indicates,
directly or indirectly, that he/she is infected
with HIV.
 "Pre-Test Counseling“
 process of providing an individual
information on the biomedical aspects of
HIV/AIDS and emotional support to any
psychological implications of undergoing HIV
testing and the test result itself before he/she
is subjected to the test.
 "Post-Test Counseling“
 process of providing risk-reduction
information and emotional support to a
person who submitted to HIV testing at the
time that the test result is released.
 "Prophylactic“
 any agent or device used to prevent the
transmission of a disease.
 "Voluntary HIV Testing"
 HIV testing done on an individual who, after
having undergone pre-test counseling,
willingly submits himself/herself to such test.
 "Sexually Transmitted Diseases"
 any disease that may be acquired
or passed on through sexual
contact.
 "Window Period“
 the period of time, usually lasting from two
weeks to six (6) months during which an
infected individual will test "negative" upon
HIV testing but can actually transmit the
infection.
 Article 1: EDUCATION AND INFORMATION
 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.
 LGUs must develop local HIV prevention and
education efforts.
Medtech Laws and Ethics || Inosanto Notes | 11
  It is against the law to give false or
intentionally misleading information on
HIV/AIDS.
 Article 2: SAFE PRACTICES AND PROCEDURES
 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: TESTING, SCREENING AND
COUNSELLING
 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: HEALTH AND SUPPORT SERVICES
 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: MONITORING
 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: CONFIDENTIALITY
 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 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.
 Exceptions to the mandate of confidentiality.
Medical confidentiality shall not be considered breached in the
following cases:
when complying with reportorial requirements in conjunction
with the AIDSWATCH programs provided in Sec. 27 of this
Act;
 ARTICLE V
MONITORING
Sec. 27. Monitoring program
A comprehensive HIV/AIDS monitoring program
or "AIDSWATCH" shall be established under the Department
of Health:
 to determine and monitor the magnitude and
progression of HIV infection in the Philippines,
 and for the purpose of evaluating the adequacy and
efficacy of the countermeasures being employed.
 Medical confidentiality shall not be considered
breached in the following cases: (continued)
When informing other health workers directly involved or about
to be involved in the treatment or care of a person with
HIV/AIDS:
 Provided, that such treatment or care carry the risk of
HIV transmission:
 Provided, further, that such workers shall be obliged
to maintain the shared medical confidentiality;
 Medical confidentiality shall not be considered
breached in the following cases: (continued)
When responding to a subpoena duces tecum and subpoena
ad testificandum issued by a Court with jurisdiction over a legal
proceeding where the main issue is the HIV status of an
individual:
 Provided, That the confidential medical record shall
be properly sealed by its lawful custodian after being
double-checked for accuracy by the head of the office
or department, hand delivered, and personally
opened by the judge:
 Provided, further, That the judicial proceedings be
held in executive session.
 Section 32. Release of HIV/AIDS test results.
All results of HIV/AIDS testing shall be confidential and shall be
released only to the following persons:
(a) the person who submitted himself/herself to such test;
(b) either parent of a minor child who has been tested;
(c) a legal guardian in the case of insane persons or
orphans;
(d) a person authorized to receive such results in
conjunction with the AIDSWATCH program as
provided in Sec. 27 of this Act;
(e) a justice of the Court of Appeals or the Supreme
Court, as provided under subSec. (c) of this Act and
in accordance with the provision of Sec. 16 hereof.
 Section 33. Penalties for violations of
confidentiality.
Any violation of medical confidentiality as provided in Sec.s 30
and 32 of this Act shall suffer the penalty of:
 imprisonment for six (6) months to four (4) years,
without prejudice to administrative sanctions such as
fines and suspension or revocation of the violator's
license to practice his/her profession,
 as well as the cancellation or withdrawal of the license
to operate any business entity and the accreditation of
hospitals, laboratories or clinics.
 Section 34. Disclosure to sexual partners.
 Any person with HIV is obliged to disclose his/her HIV
status and health condition to his/her spouse or
sexual partner at the earliest opportune time.
 Article 7: DISCRIMINATORY ACTS AND POLICIES
 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 public
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 and health 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.
 Section 42. Penalties for discriminatory acts and
policies.
All discriminatory acts and policies referred to in this Act shall
be punishable with a penalty of:
 imprisonment for six (6) months to four (4) years
Medtech Laws and Ethics || Inosanto Notes | 12
  and a fine not exceeding Ten thousand pesos
(P10,000.00).
In addition, licenses/permits of schools, hospitals and other
institutions found guilty of committing discriminatory acts and
policies described in this Act shall be revoked.
 Article 8 THE PHILIPPINE NATIONAL AIDS
COUNCIL
 The government will establish a Philippine National
AIDS Council.
 The Council shall likewise ensure that there is
adequate coverage of the following:
 The institution of a nationwide HIV/AIDS
information and education program;
 The establishment of a comprehensive
HIV/AIDS monitoring system;
 The issuance of guidelines on medical and
other practices and procedures that carry the
risk of HIV transmission;
 The provision of accessible and affordable
HIV testing and counseling services to those
who are in need of it;
 The provision of acceptable health and
support services for persons with HIV/AIDS
in hospitals and in communities;
 The protection and promotion of the rights of
individuals with HIV; and
 The strict observance of medical
confidentiality
 Section 45. Membership and composition.
The Council shall be composed of twenty-six (26) members as
follows:
 (1) The Secretary of the Department of Health;
 (2) The Secretary of the Department of Education,
Culture and Sports or his representative;
 (3) The Chairperson of the Commission on Higher
Education or his representative;
 (4) The Director-General of the Technical Education
and Skills Development Authority or his
representative;
 (5) The Secretary of the Department of Labor and
Employment or his representative;
 (6) The Secretary of the Department of Social Welfare
and Development or his representative;
 (7) The Secretary of the Department of the Interior
and Local Government or his representative;
 (8) The Secretary of the Department of Justice or his
representative;
 (9) The Director-General of the National Economic
and Development Authority or his representative;
 (10) The Secretary of the Department of Tourism or
his representative;
 (11) The Secretary of the Department of Budget and
Management or his representative;
 (12) The Secretary of the Department of Foreign
Affairs or his representative;
 (13) The Head of the Philippine Information Agency or
his representative;
 (14) The President of the League of Governors or his
representative;
 (15) The President of the League of City Mayors or
his representative;
 (16) The Chairperson of the Committee on Health of
the Senate of the Philippines or his representative;
 (17) The Chairperson of the Committee on Health of
the House of Representatives or his representative;
 (18) Two (2) representatives from organizations of
medical/health professionals;
 (19) Six (6) representatives from non-government
organizations involved in HIV/AIDS prevention and
control efforts or activities; and
 (20) A representative of an organization of persons
dealing with HIV/AIDS.
 To the greatest extent possible, appointment to the
Council must ensure sufficient and discernible
representation from the fields of medicine, education,
health care, law, labor, ethics and social services;
All members of the Council shall be appointed by the President
of the Republic of the Philippines:
 except for the representatives of the Senate and the
House of Representatives, who shall be appointed by
the Senate President and the House Speaker,
respectively;
 The Secretary of Health shall be the permanent
chairperson of the Council;
however, the vice-chairperson shall be elected by its members
from among themselves, and shall serve for a term of two (2)
years; and
For members representing medical/health professional groups
and the six (6) non-government organizations:
 they shall serve for a term of two (2) years, renewable
upon recommendation of the Council.
 Section 46. Reports. –
The Council shall submit to the President and to both Houses
of Congress comprehensive annual reports on the activities
and accomplishments of the Council.
 Such annual reports shall contain assessments and
evaluation of intervention programs, plans and
strategies for the medium- and long-term prevention
and control program on HIV/AIDS in the Philippines.
 Section 47. Creation of Special HIV/AIDS
Prevention and Control Service. –
There shall be created in the Department of Health a Special
HIV/AIDS Prevention and Control Service:
 staffed by qualified medical specialists and support
staff with permanent appointment
 and supported with an adequate yearly budget.
 It shall implement programs on HIV/AIDS prevention
and control.
 In addition, it shall also serve as the secretariat of the
Council.
 Section 48. Appropriations. –
 The amount of Twenty million pesos
(P20,000,000.00) shall be initially appropriated out of
the funds of the National Treasury.
 Subsequent appropriations shall be provided by
Congress in the annual budget of the Department of
Health under the General Appropriations Act.
 ARTICLE IX
MISCELLANEOUS PROVISIONS
Sec. 49. Implementing rules and regulations. –
 Within six (6) months after it is fully reconstituted, the
Council shall formulate and issue the appropriate
rules and regulations necessary for the
implementation of this Act.
Section 50. Separability clause. –
 If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected
thereby shall remain in force and effect.
Section 51. Repealing clause. –
 All laws, presidential decrees, executive orders and
their implementing rules inconsistent with the
provisions of this Act are hereby repealed, amended
or modified accordingly.
Section 52. Effectivity. –
 This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of
general circulation.
 Approved:
February 13, 1998
Administrative Order No. 2010 - 0028
POLICIES AND GUIDELINES IN THE CONDUCT
OF HUMAN IMMUNODEFICIENCY VIRUS (HIV)
COUSELING AND TESTING IN COMMUNITY
AND HEALTH FACILITY SETTINGS
Presented by:
JC John T. Jamili, RMT, MSMT-CAR
I. INTRODUCTION AND RATIONALE
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The Philippines still maintains less than one (1) percent
prevalence rate of HIV infection.
Preventive interventions must be undertaken by the country in
order to maintain its low prevalence status, and the
Department of Health and other concerned agencies are
focusing their efforts thereon.
Pursuant to the 4th Medium Term Plan (2005 – 2010):
HIV counseling and testing is one of the preventive
interventions used to reach the most at risk population.
The at–risk and vulnerable populations for HIV infection
include:
people in prostitutions
men having sex with men
people who inject drugs
migrant workers
HIV counseling and testing is being advocated to the most at
risk population because through this intervention:
the same are given the opportunity to known their HIV status
and at the same time are provided with information on risk
reduction strategies and location of facilities to treat HIV
positive individual.
Since counseling is anchored on HIV testing:
efficient post–test counseling can appropriately manage the
negative consequences of client’s knowing their HIV status
especially if the client tested positive for HIV.
On the other hand, poor quality counseling which may
inadequately address client issues may result in:
suicide, depression and other psychological consequences in
persons tested positive for HIV.
Furthermore, the importance of implementing quality
counseling anchored on HIV testing as mandated by Republic
Act No. 8504, “AIDS Prevention and Control Act of 1988,”:
will not only benefit the individual being tested
but will also scale up preventive interventions so as to slow
down or halt the spread of HIV.
Hence, there is a need to provide a standard in the conduct of
HIV counseling and testing.
II. OBJECTIVES
General Objective
To provide policies and guidelines in the conduct of HIV
counseling and testing (HCT) at community and health facility
settings.
Specific Objectives:
1. To identify the required components of HIV
counseling and testing and set the protocol for these
components;
2. To set the standards/requirements for an HIV
counseling and testing facility; and
3. To define the roles and responsibilities of DOH and
other stakeholders in the implementation of these
guidelines.
III. SCOPE AND COVERAGE
This guideline covers all Sexually Transmitted Infection (STI)
and HIV service providers, coordinators and managers of HIV
clinics and/or testing laboratories, all facilities offering HIV
testing for diagnostic purposes, surveillance and research, and
blood safety purposes.
IV. DEFINITION OF TERMS
1. Blood Service Facility (BSF)
– any unit, office or institution providing any of the blood
transfusion services and which can be a blood center, blood
bank, blood collection unit or blood station.
2. Confirmatory test/testing
– refers to the test performed on samples that have tested
reactive to the screening test to find out if the results were true
positive or not.
3. DOH Retained Hospitals
– hospitals that remain under the management and supervision
of the Department even after the devolution.
4. Fourth AIDS Medium Term Plan
– the five–years plan containing the country’s action and
response towards maintaining the low HIV prevalence status of
the Philippine and preventing the spread of HIV infection.
5. Informed written consent
– refers to the voluntary written agreement of a person allowing
him/herself to undergo or be subjected to a procedure based
on full information.
6. Overseas Filipino Workers (OFW) clinics
– these are clinics that conduct pre – employment medical
examinations for Filipinos bound for abroad.
7. Pre–donation counseling
– a process in blood donor selection wherein donors are
informed about health conditions or risk behavior that would
make them unsuitable to donate blood. The donor’s informed
consent to blood donation and to the blood testing is obtained
during counseling.
8. Reactive sample
– the blood sample from the patient/client has antibodies that
reached to the HIV antigen or vice versa in the screening test.
However, the presence of reactive sample does not totally
confirm that the person has HIV infection.
9. Screening test
– refers to the initial serological test performed to determine
the presence of antibody and/or antigen against HIV1 and
HIV2.
10. Social Hygiene Clinics
– these are clinics of the local government unit that are usually
part of the municipal/city health office providing reproductive
health service including management of STI.
11. Treatment hub
– a hospital facility with an organized HIV/AIDS Core Team
(HACT) providing prevention, treatment care and support
services to People Living with HIV (PLHIV) including but not
limited to:
HIV counseling and testing
clinical management
patient monitoring
and other care and support services.
ARV treatment can only be accessed through these
facilities. Refer to ANNEX II for the list of treatment hubs.
12. HIV Counseling and Testing (HCT)
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– also called Voluntary Counseling and Testing (VCT), is a
counseling process that enables a client make an informed
choice about being tested for HIV.
The counseling process has two components:
a. pre HIV test counseling
b. post HIV test counseling
a. Pre–HIV test counseling
– a process that prepares the client for the HIV test.
Pre –HIV test counseling explains the implications of knowing
that one is or is not infected with HIV, facilitates discussion
about ways to cope with knowing one’s HIV status, to enable
an individual to practice strategy to reduce future risk
behaviors.
It can be Client initiated (CICT) or provider initiated HIV
counseling and testing (PICT),
Both process is voluntary and enables client to make informed
decision about being tested for HIV infection.
b. Post HIV test counseling
– process conducted by a trained personnel to assist the client
understand and cope with the HIV test result and be able to
identify options for future plans including physical, mental,
social, reproductive and other personal concerns.
13. HCT facility
– any health facility equipped in providing services on HIV
counseling and testing recognized by DOH.
It can be free–standing or incorporated into existing health–
care services.
V. GENERAL GUIDELINES
1. All HCT facilities shall observe the principles of
counseling, informed consent and confidentiality at all
times.
(Refer to Annex I for Minimum Information provided during
Pre–test Counseling).
2. All HCT facilities shall be duly licensed and comply with the
standards set by the Department of Health for an HIV Testing
Center.
3. All Social Hygiene Clinics (SHC) shall offer to most at risk
and vulnerable clients HIV counseling and testing services or
referral at regular intervals.
4. All DOH–licensed OFW clinics shall provide pre–HIV and
post–HIV test counseling to all their clients for HIV testing
as mandated by Republic Act No. 8504, “AIDS Prevention and
Control Act of 1998.”
Provision for counseling shall be part of the accreditation
requirements of OFW clinics.
5. Blood service facilities (BSF) shall include it its pre–donation
counseling an assessment of risk behavior among all its
potential blood donors.
All individuals seen at BSF with high risk behavior among all its
potential blood donors.
All individuals seen at BSF with high risk behavior shall be
deferred and shall be referred to a HCT facility for counseling
and HIV testing.
6. All identified treatment hubs (See Annex II) and DOH–
retained hospitals shall:
set– up and provide HIV counseling and testing as part of HIV
AIDS Core Team (HACT) services and as potential referral
facilities for LGU and NGO based HIV counseling and testing
facilities.
7. Private and LGU hospitals shall be encouraged to set up
within their systems provisions of HIV counseling and testing
services for walk in clients.
The said services shall be closely linked to the HACT of the
hospital.
8. All persons who underwent HCT shall be provided with their
test results with post – test counseling
except for testing done during blood donation, surveillance and
research purposes.
No other person shall be provided with the result other than the
person tested except in circumstances allowed by R.A. 8504 or
similar guidelines.
VI. SPECIFIC GUIDELINES
1. Conduct of Pre–HIV Test Counseling
a. Client–Initiated Counseling and Testing
(1) All clients who want to be tested for HIV shall be provided
with pre–HIV test counseling in a space where privacy could
be observed and confidentiality ensured.
(2) Pre–HIV test counseling shall either be conducted in
individual or group settings. Client shall be strongly
encouraged to bring their confidants during the pre– and post–
HIV test counseling.
(3) The same counselor is highly recommended to conduct
both pre– and post– test counseling and, if needed, follow–up
sessions for a client.
(4) Adult clients shall be counseled in a setting that is safe
and secure for both counselor and client.
(5) Pre– and post–HIV test counseling of children
shall take into consideration the maturity of the client
and, when necessary, responsible parents or a legal guardian,
including any registered social worker, shall be involved.
(6) Counselors shall ensure that clients understand the
information printed on the consent form. All necessary and
correct information that clients need to make decisions for
themselves shall be provided.
(7) Counselors shall strongly encourage follow–up counseling
sessions and ensure that clients utilize referral networks that
are in place and functional.
(8) All Counselors shall have basic knowledge on voluntary
blood donation and incorporate facts on blood donation when
appropriate.
b. Provider–Initiated Counseling and Testing
(1) As part of medical management, HIV testing shall be
offered by health care provider to ALL the following:
(a) Clients assessed for STI in an STI clinic or elsewhere;
(b) Pregnant women with one or more of the following HIV
risks:
· Multiple sex partners,
· Persons who inject drugs (PWID),
· History of STI, including a diagnosis of syphilis
· Husband or partner has multiple sex partners, history of STI
or is a known PWID
As part of medical management, HIV testing shall be offered
by health care provider to ALL the following: (continued)
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(c) People accessing community – based services designed
for males having sex with males, people in prostitution and
those who inject drugs;
(d) Diagnosed TB patients, as discussed in A.O. 2008 – 0022,
otherwise known as “Policies and Guideline in the
Collaborative approach of TB and HIV Prevention and Control.”
(e) Patients showing signs and symptoms consistent with
HIV–related diseases or AIDS seen by the attending physician.
(f) Parents/Guardians of all children born to HIV infected
mothers (or those with possible exposure).
(2) Basic conditions on confidentiality, informed consent, and
counseling shall be adhered to.
(3) Pre–HIV test counseling shall be limited to basic
information – giving that would help the patient decide whether
to accept HIV testing (See Annex I).
(4) Post–HIV test counseling services shall be provided to all
clients tested by trained personnel (See Annex III).
(5) Counselors providing post–test counseling services shall
emphasize prevention for those that tested negative and,
medical and psychosocial support to those that tested positive.
(6) The capacities for pre and post HIV test counseling
including the capacity to provide medical and psychosocial
support shall be enhanced and the referral networks between
and among these providers shall be functional.
2. Conduct of HIV Testing
Only registered medical technologist
with HIV proficiency training
shall perform the HIV test using:
Food and Drug Administration (FDA) registered test kits.
Other screening tests may be performed including but not
limited to:
Enzyme Immunoassay (EIA),
Particle Agglutination (PA)
and Rapid Assay (RA).
Reactive samples from clients/patients:
shall be brought to the STD/AIDS Central Cooperative
Laboratory (SACCL) at the San Lazaro Hospital for
confirmatory testing
(Refer to Annex IV for the Current HIV Diagnostic Testing
Algorithm).
For reactive blood units (not person) from blood banks:
samples shall be referred to the Research Institute for Tropical
Medicine (RITM) for confirmatory testing.
3. Release and Reporting of Test Result
Samples reactive to screening test shall not be reported
directly to the client/patient.
All reactive samples shall be referred for confirmatory testing.
The reference laboratories namely SACCL and RITM:
shall not release the result of the confirmatory test directly to
the patient/client under any circumstance
but must send the result to the referring HIV testing facility.
This is to ensure that the release of the HIV test shall be
accompanied by post–test counseling especially if the result is
positive.
SACCL and RITM are required to report the confirmed positive
samples to the National Epidemiology Center (NEC).
It is the responsibility of the BSF to ensure that donors have
been screened properly and pre–donation counseling has
been provided to all potential blood donors:
in order to prevent the occurrence of reactive and positive
samples
by eliminating those individual with high risk behaviors.
For confirmed positive blood units:
tracing the donor and informing him/her of the result is
not recommended
Providing result to a free HIV test can put the blood supply at
risk as high risk individuals within the window period may avail
of this free services.
Information campaign on HIV services available and stigma
reduction activities will be intensified by CHD in areas where
positive blood units are identified.
4. Conduct of Post–HIV test Counseling
Post–HIV test counseling shall be provided together with the
release of the test result whether the test is negative or
positive.
It shall be done in an enclosed space where counseling can be
done in privacy.
It is recommended that the trained counselor who performed
the pre–test counseling shall also provide the post – test
counseling.
Refer to Annex III for the list of information that should be
disclosed to the clients/patients during post–test counseling.
5. Special Concerns on Post HIV Test Counseling: Infant
Feeding
HIV–Infected pregnant women shall also be given information
on the risk and benefits of exclusive breastfeeding, exclusive
replacement feeding and guidance in selecting the most
suitable option in their circumstances.
(The entire spectrum of preventing mother to child
transmission of HIV is described under A.O. No. 2009 – 0016).
VII. REQUIREMENTS FOR AN HIV COUNSELING AND
TESTING FACILITY
1. Human Resources
a. Physician, allied medical/social welfare personnel trained in
conducting pre–test and post–test counseling for HIV by DOH
or any of its recognized organizations.
b. Registered Medical Technologist with training on HIV
proficiency testing
2. HIV test kits
a. Only FDA registered test kit or other available screening test
(EIA/PA/RA) shall be used in HIV testing;
b. For HCT facilities with no HIV testing capacity, there shall be
an explicit linkage to any DOH–accredited HIV laboratory for
HIV testing.
c. Space – an enclosed room or devoted section/space where
counseling can be done in privacy.
d. Annual certification of satisfactory performance in the
National External Quality Assurance Programme of NRL–
SACCL or its designate.
VIII. ROLES AND RESPONSIBILITIES
1. National Center for Disease Prevention and Control
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a. Advocate the setting up of HCT facilities to the local
government units (LGU)/hospitals/health facilities as a
preventive intervention in reaching the most risk population.
b. Conduct awareness campaign on HIV and AIDS in the
workplace including the availability of HIV counseling services
either by the DOH–licensed HIV laboratory staff and/or HIV
AIDS Core Team.
IX. FUNDING
The Infectious Disease Office of the NCDPC shall allocate
budget for the implementation of these policies and guidelines
including but not limited to fund for the augmentation of HIV
test kits and funds for training.
Other DOH Offices including CHD and DOH– retained
hospitals shall support financially, as part of their annual
budget, the implementation of these policies and guidelines.
X. REPEALING CLAUSE
Provisions in previous issuances that are inconsistent and
contrary to this Administrative Order are hereby rescinded and
repealed.
XI. EFFECTIVITY
This Administrative Order shall take effect immediately:
September 27, 2010
ENRIQUE T. ONA, MD, FPCS, FACS
Secretary of Health
ANNEX I
MINIMUM INFORMATION PROVIDED DURING PRE–TEST
COUNSELING
(Adapted from Guidance on Provider–Initiated HIV Testing and
Counseling in Health Facilities, WHO–UNAIDS 2007)
1. The reason why HIV testing and counseling is being
recommended;
2. The clinical and prevention benefits of testing and potential
risks, such as discrimination, abandonment or violence.
3. The services that are available in the case of either and
HIV–negative or an HIV–positive test result, including whether
anti–retroviral treatment is available;
4. The fact that the test result will be treated confidentially and
will not be shared with anyone other than health care providers
directly involved in providing services to the patient;
5. The fact that the patient has the right to decline the test and
that testing will be performed unless the patient exercises that
right;
6. The fact that declining an HIV test will not affect the patient’s
access to services that do not depend upon knowledge of HIV
status;
7. In the event of an HIV–positive test result, encouragement of
disclosure to other persons who may be at risk of exposure to
HIV;
8. An opportunity to ask the health care provider questions;
9. Patients should also be made aware of relevant laws in
jurisdictions that mandate the disclosure of HIV status to
sexual and/or drug injecting partners.
Other information/topics that should be included during Pre–
HIV test counseling (client– initiated)
1. Risk assessment and risk reduction strategies
2. Promotion and facilitation of behavior change
3. Ways of coping positive results
4. Exploration of potential support for family or friends
Additional information for women who are or may become
pregnant:
1. The risk of transmitting HIV to the infant;
2. Measure that can be taken to reduce mother–to–child
transmission, including anti–retroviral prophylaxis and infant
feeding counseling;
3. The benefits to infants of early diagnosis of HIV
Annex II
List of Treatment Hubs in the Philippines
A. Luzon
1. San Lazaro Hospital
2. Research Institute for Tropical Medicine
3. Philippine General Hosptial
4. Ilocos Training and Regional Medical Center
5. Baguio General Hospital and Medical Center
6. Bicol Regional Training and Teaching Hospital
7. Cagayan Valley Medical Center
8. Jose B. Lingad Memorial Regional Hospital
B. Visayas
1. Vicente Sotto Memorial Medical Center
2. Western Visayas Medical Center
3. Corazon Locsin Montelibano Memorial Regional Hospital
C. Mindanao
1. Davao Medical Center
2. Zamboanga City Medical Center
Annex III
MINIMUM INFORMATION GIVEN DURING POST–TEST
COUNSELING
(Adapted from Guidance on Provider–initiated HIV Testing and
Counseling in Health Facilities, WHO–UNAIDS 2007)
Post–test counseling for HIV–negative persons
Counseling for individuals with HIV–negative test results
should include the following minimum information:
1. An explanation of the test result, including information about
the window period for the appearance of HIV–antibodies and a
recommendation to a re–test in case of a recent exposure;
2. Basic education on method to prevent HIV transmission;
3. Education on condoms and guidance on their use.
4. The health care provider and the patient should then jointly
assess whether the patient needs referral to more extensive
post–test counseling session or additional prevention support,
for example, through community–based services and VCT
facilities with CICT capacity.
Post–test counseling for HIV–positive persons
The focus of post–test counseling for people with HIV–positive
results is psychosocial support to cope with the emotional
impact of the test result, facilitate access to treatment, care
and prevention services, prevention of transmission and
disclosure to sexual and injecting partners. Health care
providers should:
1. Inform the patient of the result simply and clearly, and give
the patient time to consider it;
2. Ensure that the patient understands the result;
3. Allow the patient to ask questions;
Medtech Laws and Ethics || Inosanto Notes | 17
4. Help the patient to cope with emotions arising from the test
result;

5. Discuss any immediate concerns and assist the patient to

determine who in her/his social network may be available and
acceptable to offer immediate support;

6. Describe follow–up services that are available in the health

facility and in the community, with special attention to the
available treatment, PMTCT and care and support services;

7. Provide information on how to prevent transmission of HIV,

including provision of male and female condoms and guidance
on their use;

8. Provide information on other relevant preventive health

measures such as good nutrition, use of cotrimoxazole and TB;

9. Discuss possible disclosure of the result, when and how this

may happen and to whom;

10. Encourage and offer referral for testing and counseling of

partners and children;

11. Assess the risk of violence or suicide and discuss possible

steps to ensure the physical safety of patients, particularly
women;

12. Arrange for a specific date and time for follow up visits or
referrals for treatment, counseling, support and other services
as appropriate (TB screening and treatment, antenatal care,
access to sterile needles and syringes).

ANNEX IV–A
CURRENT HIV DIAGNOSTIC TESTING ALGORITHM FOR
ADULTS AND INFANTS ≥18 MONTHS OLD

a. HIV test kits with ≥99% specificity are used for the first
screening process.

b. Samples that turned out to be non–reactive on the first

screening test are considered seronegative and the client is
given a negative rest report. No further testing is required.

c. Samples found sero–reactive by all HIV screening test will

be sent to the referral laboratory (SACCL) for confirmatory
testing.

d. Sero–reactive samples will be tested on SACCL with 2

different test formats (PA and EIA Ag/Ab).

If one or both of the tests on parallel examinations is positive

then Western Blot test will be performed on the sample.

If both tests are negative then a negative test report will be

released.

e. Samples that are positive on Western blot will be reported

as positive and those that are negative will be reported as
negative.

If the result is intermediate, repeat follow up testing may be

required (3,6 and 12 months).

If the results remain indeterminate after 1 year, the person is

considered to be HIV antibody negative. The client is given a
negative test report.

f. Client should be advised to come back to the HIV

counseling and testing (VCT) facility after an estimated turn–
around time.

g. The client is given HIV test report after conducting post–test

counseling.

ANNEX IV–B
CURRENT HIV DIAGNOSTIC TESTING ALGORITHM FOR
INFANTS <18 MONTHS OLD

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