Professional Documents
Culture Documents
Office: of The Secretary
Office: of The Secretary
Office: of The Secretary
MEMORANDUM CIRCULAR
No. 2019 - 0012
___
TO >:
ALL UNDERSECRETARIES, ASSISTANT SECRETARIES,
DIRECTORS OF BUREAUS, SERVICES AND CENTERS FOR
HEALTH DEVELOPMENT AND S; EXECUTIVE DIRECTORS OF
SPECIALTY HOSPITALS, CHIEFS OF MEDICAL CENTERS,
HOSPITALS, SANITARIA AND INSTITUTES; PRESIDENT OF
THE PHILIPPINE HEALTH INSURANCE CORPORATION;
DIRECTORS OF TREATMENT AND REHABILITATION
CENTERS; ATTACHED AGENCIES AND OTHERS CONCERNED
SUBJECT: Republic Act (RA) No. 11166 “An Act Strengthening the Philippine
Comprehensive Policy on Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) Prevention,
Treatment, Care and Support, and Reconstituting the Philippine
National AIDS Council (PNAC), Repealing for the Purpose RA No.
8404, Otherwise Known as the “Philippine AIDS Prevention and
Control Act of 1998” and Appropriating Funds Therefore”
Attached for your information and guidance is a copy of the RA No. 11166 “An Act
Strengthening the Philippine Comprehensive Policy on Human Immunodeficiency Virus
(HIV) and Acquired Immune Deficiency Syndrome (AIDS) Prevention, Treatment, Care and
Support, and Reconstituting the Philippine National AIDS Council (PNAC), Repealing for the
Purpose RA No. 8404, Otherwise Known as the “Philippine AIDS Prevention and Control Act
of 1998” and Appropriating Funds Therefore” approved on Decembef 20, 2018.
Building 1, San Lazaro Compound, Rizal Avenue, Sta. Cruz, 1003 Manila
e Trunk Line 651-7800 local 1113, 1108, 1135
Direct Line: 711-9502: 711-9503 Fax: 743-1829; 743-1786
e URL: http://www.doh.gov.ph: e-mail: fiduque@doh.gov.ph
§. No 1300
H. No. 6617
Seventeenth Congress
ea 11166 |
[ Repustic Act No.
PHILIPPINE
AN STRENGTHENING THE
ACT HUMAN
POLICY ON
“COMPREHENSIVE AND ACQUIRED
[MMUNODEFICIENCY VIRUS (HIV) (AIDS)
IMMUNE DEFICIENCY SYNDROME SUPPORT,
CARE, AND
PREVENTION, TREATMENT,
THE PHILIPPINE NATIONAL
AND RECONSTITUTIN +
REPEALING FOR THE
AIDS COUNCIL (PNAC), NO. 8504, OTHERWISE
PURPOSE REPUBLIC ACT AIDS PREVENTION
KNOWN AS THE “PHILIPPINE APPROPRIATING
1998”, AND
AND CONTROL ACT OF
FUNDS THEREFOR
Representatives of the
Be it enacted by the Senate
and House of
assembled.
Philippines in Congress
shall be known as
SpCTION Short Tithe. ~ This Act
1.
AIDS Policy Act’.
the “Philippine HIV and
AEN:
SIEN
NN
3
(b)
SEC. 2. Declaration of Policies. - The
Human
country’s HIV and AIDS situation by ensuring that the
whole
Immunodeficiency Virus (HIV) and Acquired Immune approach, local communities, civil society
of government
Deficiency Syndrome (AIDS) are public health concerns that organizations (CSOs), and persons living with HIV are at
the
have wide-ranging social, political, and economic repercussions. center of the process;
is
Responding to the country’s HIV and AIDS situation
therefore imbued with public interest and shall be anchored Ensure access to HIV- and AIDS-related services by
(c)
on the principles of human rights upholding human dignity. eliminating the climate of stigma and discrimination that
the
.
femimine
inclinations, and behavior in relation to masculine or
Community-Based Research refers to studies
(ec)
conventions. A person may have a male or female identity
undertaken in community settings, which involve community with the physiological characteristics of the opposite sex;
members in the design and implementation of research
projects; @) Health Maintenance Organizations (HMO) refer to
for the
juridical entities legally organized to provide or arrange
(f) Comprehensive Health Intervention for Key health care services to
provision of pre-agreed or designated
Populations refers to evidence-based policies, programs, and its enrolled members for a fixed pre-paid fee
for a specified
approaches that aim to reduce transmission of HIV and
harmful consequences on health, social relations and economic
its period of time:
conditions: involvement
(m) High-risk Behavior yefers to a person’s
in certain activities that increase the risk of transmitting or
(g) Compulsory HIV Testing refers to HIV testing
imposed upon an individual characterized by lack of consent,
acquiring HIV;
use of force or intimidation, the use of testing as a prerequisite (nm) Human Immunodeficiency
Virus (HIV) refers to the
for employment or other purposes, and other circumstances called retrovirus, which infects cells of the
virus, of the type
when informed choice is absent; and destroys or impairs the cells’
human immune system,
(h) Discrimination refers to unfair or unjust treatment function. Infection with HIV results in the progressive
deterioration of the immune system, leading to immune
that distinguishes, excludes, restricts, or shows preferences
based on any ground such as sex, gender, age, sexual
deficiency;
orientation, gender identity and expression, economic status, (o) HIV Counseling refers to the interpersonal and
disability, ethnicity, and HIV status, whether actual or a client and a
dynamic communication process between
perceived, and which has the purpose or effect of nullifying who is bound by a code of ethics and
all trained counselor,
or impairing the recognition, enjoyment or exercise by practice to resolve personal, social, or
psychological problems
of all their rights and freedoms; in counseling in the
persons similarly situated, and difficulties, and whose objective
of HIV diagnosis is to encourage the client to
context an
@ Evolving Capacities of the Child refer to the concept identify ways of coping with
explore important personal issues,
enshrined in Article 5 of the Convention on the Rights of the plan for the future (keeping healthy,
Child recognizing the developmental changes and the anxiety and stress, transmission) and in
adhering to treatment, and preventing
corresponding progress in cognitive abilities and capacity for of a negative HIV test result, to encourage
self-determination undergone by children as they grow up, thus the context skills to
the client to explore motivations, options, and
requiring parents and others charged with the responsibility
for the child to provide varying degrees of protection, and to stay HiV-negative;
allow their participation in opportunities for autonomous and AIDS Counselor refers to any individual
(p) HIV
decision-making in different contexts and across different areas by the
of decision-making;
trained by an institution or organization accredited
services on.
counseling
Department of Health (DOH) to provide modification;
HIV and AIDS with emphasis on behavior
G) Gender Expression refers to the way a person
communicates gender identity to others through behavior, (q) HIV and AIDS Monitoring
refers to the documentation
clothing, hairstyles, communication or speech pattern, or body HIV and AIDS infections and
characteristics;
and analysis of the number of
the pattern of its spread:
(k) Gender Identity refers to the personal sense of identity
of clothing,
as characterized, among others, by manner
ae
7
counseling, testing
health workers or personnel involved in any
da
HIV-related Testing refers to any laboratory testing or professional care of the patient. It also applies to any person MAID
(v)
relation to a person's who, in any official capacity, has acquired or may have
or procedure done on an individual in
_
REE
caused by
Seah
HIV Testing Facility refers to any DOH accredited Opportunistic infections refer to illnesses
pe
(dd)
(w)
and
eben
set
i
SR
Mb
8 «Deb
hion
who are
optional treatment, which may be taken by people
(pp)
emotional, sexual attraction, or conduct towards people of the
ectshee
sexual
of HIV transmission. These may include postponing of male work site
(vv) Workplace refers to the office, premise or
nn TR
ACE
of their
site, regularly report for assignment in the course
ti
partners;
AOA
amt
refer to
5
EAC
PNG
eet
hatte
OMMITERS
celnge
manera
*
il
10
G) Coordinate, organize, and work in partnership with
ARTICLE I
foreign and international organizations regarding
funding, data
collection, research, and prevention and treatment modalities
THE PHILIPPINE NATIONAL AIDS COUNCIL HIV and AIDS, and ensure foreign funded programs are
on
aligned to the national response;
Philippine National AIDS Council (PNAC).
—
SEC. 4.
Act other
The PNAC, established under Section 43 of Republic
AIDS Prevention G) Advocate for policy reforms to Congress and
No. 8504, otherwise known as the “Philippine agencies to strengthen the country’s response to
and government
and Control Act of 1998”, shall be reconstituted the HIV and AIDS situation;
streamlined to ensure the implementation of the country’s
response to the HIV and AIDS situation. Submit an annual report to the Office of the
(k)
DOH with President, Congress, and the members of the Council;
The PNAC shall be an agency attached to the
Act (GAA).
a separate budget under the General Appropriations
shall @) Identify gaps in the national response on the part
It shall have its own secretariat and staffing pattern that of government agencies and its partners from civil society and
be headed by an executive director. international organizations, in order to develop and implement
the initial interventions required in these situations; and
Sec. 5. Functions. — The PNAC shall perform the
following functions: (m)Recommend policies and programs that will
institutionalize or continue the interventions required in
(a) Develop the AIDS Medium Term Plan (AMTP) in addressing the gaps identified in the national response to the
CSOs, the
collaboration with relevant government agencies, HIV and AIDS situation of the country.
PLHIV community, and other stakeholders;
under
of In addition to the powers and functions enumerated shall
(b) Ensure the operationalization and implementation the preceding paragraph, the members of the PNAC also
the AMTP; and implement individual action plans, which shall be
develop
anchored to and integrated in the AMTP. Such action of plans
Strengthen the collaboration between government based on the duties, powers, and functions the
(c)
of the shall be
agencies and CSOs involved in the implementation of HIV individual agencies as identified in Articles If to VII of this
national HIV and AIDS response, including the delivery Act.
and AIDS related services;
aE.
12
be lower than
represented by an official whose rank shall not
The following agencies and CSOs shall be represented in
an Assistant Secretary or its equivalent.
the PNAC: later
The members of the PNAC shall be appointed notof this
(1) Department of Health (DOH); than thirty (30) days after the date of the enactment
Act.
(2) Department of Education (DepEd); The
The PNAC shall meet at least once every quarter.of the
Department of Labor and Employment (DOLE); or the Vice Chairperson
(3) presence of the Chairperson other PNAC members and/or
PNAC, and at least ten (10)
(4) Department of Social Welfare and Development permanent representatives shall of constitute a quorum to do
(DSWD); business, and a majority vote those present shall be
sufficient to pass resolutions or render decisions.
(5) Department of the Interior and Local Government
(DILG); The Secretary of Health shall be Vicethe permanent
Chairperson of the PNAC. However, the Chairperson
and
(6) Civil Service Commission (CSC); shall be elected from the government agency members, representing
shall serve for a term of three (3) years. Members renewable upon
(7) Commission on Higher Education (CHED); CSOs shall serve for a term of three (3) years,
of two (2)
recommendation of the Council for a maximum
(8) National Youth Commission (NYC); consecutive terms.
14
with the PNAC for
adequate yearly budget. shall coordinate
(e) Coordinate and support the efforts of the PNAC and the implementation of the health sector's HIV and AIDS and
its members to mobilize resources; STI response. as identified in the AMTP.
and AIDS-related
() Serve as the repository of HIV The Epidemiology Bureau shall maintain a comprehensive
information; HIV and AIDS monitoring and evaluation program
that shall
and serve the following purposes:
(g) Disseminate updated, accurate, relevant, AIDS
-
comprehensive information about the country’s HIV and (a) Determine and monitor the magnitude and
and the media:
situation to PNAC members. policy makers, progression of HIV and AIDS in the Philippines
and regularly
with high magnitude of HIV
provide a list of priority areas
(h) Provide administrative support to the PNAC; and and AIDS cases and co-infections to help the PNAC evaluate
the adequacy and efficacy of HIV prevention and treatment
Coordinate, fund and implement, as directed by the programs being employed;
Council as gaps in
(@)
16 learning
institutions, including alternative and indigenous
include human
mediation and modules shall
units (LGUs) to strengthen existing systems. The learning
information on treatment, care,
reconciliation mechanisms at the local level.
rights-based principles and
and support to promote stigma reduction.
ARTICLE I The learning modules that shall be developedwith
to
be done in coordination
INFORMATION, EDUCATION AND COMMUNICATION implement this provision shall education sector. Referral
‘the PNAC and stakeholders in the the DSWD Referral
SEC. 11. Prevention Program. — There shall be an HIV mechanisms, including but not limited to, for
the public on in the modules key populations
and AIDS prevention program that will educate risky System, shall be included
other STIs, with the goal of reducing and vulnerable communities.
HIV and AIDS and
lowering vulnerabilities, and promoting the human
behavior, the
rights of PLHIV. The DepEd, CHED, and TESDA shall ensure and
development and provision of psychosocial support
of measures for the development of
The PNAC shall promote and adopt a range counseling in learning institutions,
CSOs that aim to of values and behavior pertaining
and interventions, in partnership with positive health, and promotion
with the DOH. For
of HIV in the general to reproductive health, in coordination
prevent, halt, or contro! the spread populations and allocated for the training and
population, especially among the key
ikewise promote
this purpose, funds shall be school counselors.
vulnerable communities. These measures shall certification of teachers and
PLHIV and the affected
the rights, welfare, and participation of Guardians. — The
children, young people, families, and partners
of PLHIV. SEC. 13. Education for Parents and
coordination with parent-teacher organizations im
DepEd in awareness-building
The HIV and AIDS education and prevention programs schools and communities shall conduct
evidence and and guardians with a
shall be age-appropriate and based on up-to-date seminars in order to provide parents HIV and AIDS education.
scientific strategies, and shall actively promote: gender-responsive and age-sensitive
practices among the general population, SEC, 14. Education as a Right to Health
and Information.
(a) Safer sex shall
and consistent and and information dissemination
including sexual abstinence, sexual fidelity, _ HIV and AIDS education health.
correct condom use especially among key populations; form part of the constitutional right to
@ Health
(b) Other practices that reduce risk of HIV
infection;
Sec. 15. HIV and AIDS Information as information
Service. ~ HIV and AIDS education and
of health services
(c) Universal awareness of and access to evidence-based dissemination shall form part of the delivery
and medically safe, by health practitioners, workers,
and personnel. The knowledge
and relevant information and education, and workers shall be enhanced
legally affordable, effective. and quality treatment; and capabilities of all public health
information dissemination and
to include skills for proper
@) Knowledge of the health, civil, political,
their families.
economic,
education on HIV and AIDS. It shall likewise be considered
in the private sector to
and social rights of PLHIV and a civic duty of health care providers
such information necessary to
make available to the public
SEC, 12. Education in Learning Institutions.
— Using
and control the spread of HIV and AIDS, and to
prevent this disease. The
correct common misconceptions about
the PNAC, the DepEd,
standardized information and data from discussions on
and Skills Development workers shall include
CHED, and the Technical Education
and age-appropriate
training of health such confidentiality, informed
Authority (TESDA), shall integrate basic HIV-related ethical issues as
modes of transmission, and ways to provide treatment.
instruction on the causes, consent, and the duty
the spread of HIV and AIDS and other STIs in
of preventing
and private learning
their respective curricula taught in public
i9
[8
Municipalities, through the local HIV
and AIDS Councils (LAC)
SEC. 16. -
Education in the Workplace. All public and
members of the and, in coordination with the
or the local health boards locally-based, multi-sectoral
private employers and employees, including a
Armed Forces of the Philippines (AFP) and the Philippine PNAC, shall implement various
National Police (PNP), shall be regularly provided with community response to HIV and AIDS through age-appropriate,
evidence-based, gender-responsive,
standardized basic information and instruction on HIV and channels on
tools to stop the spread
AIDS, including topics on confidentiality in the workplace
and and human rights-oriented prevention funds and other
of HIV. Gender and Development (GAD)
reduction or elimination of stigma and discrimination.
sources may be utilized for these purposes.
The PNAC shall develop the standardized and key geographically
messages on the prevention and contro!
of HIV and AIDS based Indigenous peoples communities and shall also be given
isolated and disadvantaged areas (GIDA)
on current and updated information on the
disease.
due focus in the implementation of this section.
The DOLE for the private sector, the CSC for the public DSWD and the NYC,
service shall The DILG, in coordination with the
sector, and the AFP and PNP for the uniformed HIV and AIDS education for
implement this provision: Provided, That the
standardized shall also conduct age-appropriate
shall be conducted by DOLE out-of-school youth.
basic information and instruction
for the private sector at no cost to the employers and and Vulnerable
SEC. 20. Education for Key Populations
services reach key
Communities. — To ensure that
employees. HIV
the PNAC, in collaboration with
gc. 17. Education for Filipinos Going Abroad. The populations at higher risk,
programs and
—
and AIDS
State shall ensure that all overseas Filipino workers
and the LGUs and CSOs engaged in HIV for HIV and AIDS
funding
diplomatic, military, trade, and labor officials and personnel projects, shall support and provide education, support groups,
to be assigned overseas shall attend a seminar on
the causes. education programs, such as peer research that target
of and impact of HIV and AIDS, before outreach activities, and community-based
manner prevention,
Provided, and other vulnerable communities. The DOH
being granted a certification for overseas assignment: these populations
to overseas agencies and the PNAC
shall, in coordination with appropriate information
That the seminar shall be conducted at no cost
standardized messages for
craft the guidelines, and
Filipino workers or to the officials concerned. and outreach activities.
peer education, support group,
The DOLE, the Department of Foreign Affairs (DPA), the Appropriate
Sec. 21. Information on Prophylactics.
—
Commission on Filipino Overseas (CFO), and other relevant provided with every
government agencies in collaboration with the DOH, shall information shall be attached to, or donation. Such
prophylactic offered for sale or given as
ensure the implementation of this section.
iageremgemien
and Filipino,
information shall be legibly printed in English
of the prophylactic
and contain literature on the proper use
Information for Tourists and Transients.
—
SEC. 18.
and its efficacy against HIV and STL take
industry, shall lead the implementation of this section. without prior approval from the
devices, agents or procedures
ADR
19.
Union of Local Authorities of the Philippines (ULAP), the without the requisite medical and scientific devices or agents.
TRAE
anna
soe
2!
20
for people
for HIV evidence-based HIV prevention policy and program
claiming to be a cure or a fail-safe prophylactic HIV infection and other key
infection shall be prohibited. who have higher risk of
populations.
ARTICLE Til shall
The presence of used or unused prophylactics
conduct raids or similar police
PREVENTIVE MEASURES, SAFE PRACTICES AND not be used as basis to HIV prevention interventions.
PROCEDURES operations in sites and venues of with LGUs, shall
The DILG and DOH, in coordination
national policy to guarantee the implementation of
SEC. 23. HIV Prevention Measures. - The PNAC, in establish a
coordination with the DOH, LGUs, and other relevant this provision.
faith-based
government agencies, private sector, CSOs, SEC. 25. Preventing Mother-to-Child HIV
Transmission.
organizations, and PLHIVs, shall implement preventive to prevent mother-
limited, the following: — The DOH shall establish a program
measures, including but not to
transmission that shall be integrated in its
to-child HIV
Creation of rights-based and community-led behavior
fa)
maternal and child health services.
modification programs that seek to encourage HIV
risk
PLHIVs; Standard Precaution on the Donation of Blood,
SEC. 26.
reduction behavior among enforce the following
Tissue, or Organ. — The DOH shall
of blood, tissue. or organ:
(>) Establishment and enforcement of rights-based guidelines on the donation
mechanisms to strongly encourage newly tested HIV-positive whether gratuitous or
individuals to conduct partner notification and to promote
HIV (a) Donation of tissue or organ,
by a laboratory or institution only
status disclosure to partners; onerous, shall be accepted tested negative for
after a sample from the donor has been
(c) Establishment of standard precautionary measures in HIV;
public and private health facilities: (b) All donated. blood shall also be subjected to HIV testing:
Accessibility of ART and management of opportunistic organ or tissue has been tested
(c) All donors whose blood,
(@)
23
facilities
fa) Accredit public and private HIV testingincluding HIV SEC. 32. HIV Testing for Pregnant Women. — A health
services
based on capacity to deliver testing
DOH-accredited HIV testing care provider who offers pre-natal medical care shall offer
counseling: Provided, That only
HIV testing: provider-initiated HIV testing for pregnant women.
The DOH
facilities shall be allowed to conduct shall provide the necessary guidelines for healthcare providers
for HIV counseling and in the conduct of the screening procedure.
(o) Develop the guidelines
HIV counseling and testing, and
testing, including mobile counseling and testing that shall
ARTICLE V
routine provider-initiated HIV
testing is based on informed
ensure, among others, thatconfidential, is available at all times
HIV
HEALTH AND SUPPORT SERVICES
consent, is voluntary and
and DOH-accredited
and provided by qualified persons SEC. 33. Treatment of Persons Living with HIV
and
providers: AIDS. — The DOH shall establish a program that will provide
that train HIV free and accessible ART and medication for opportunistic
Accredit institutions or organizations enrolled in the program. It
(2
and AIDS counselors in coordination with DSWD: infections to all PLHIVs who
designate
are
public and private hospitals to become
shall likewise
counselors for treatment hubs. A manual of procedures for management of
(a) Accredit competent HIV and AIDS PLHIV shall developed by the DOH.
including but not Limited to, translator be
persons with disability, Braille for the yisually-impaired
for the hearing-impaired and
SEC. 34. Access to Medical Services by Indigenis.
—
National Council for Disability
clients, in coordination with the Indigent persons living with HIV shall not be deprived of
DOH and DSWD shail
Affairs (NCDA):
access to medical services. The
and shall work establish a program that will support better access to ART
(e)Set the standards for HIV counseling HIV and AIDS and medication for opportunistic infections to
all indigent
CSOs that train
closely with HIV and AIDS PLHIV, which includes financial support for necessary
medical
coordination and participation
counselors and peer educators, in services related to the person’s HIV condition.
organizations (GOs), and Civil Society
of NGOs, government
and
Organizations of PLHIV (CSO-PLHIV); SEC, 35. Economic Empowerment and Support. —
livelihood,
provider-initiated counseling PLHIV shall not be deprived of any employment,
() Ensure access to routine reason
micro-finance, self-help, and cooperative programs bywith
and testing as part of clinical care in all health care settings coordination the
of their HIV status. The DSWD, in
for the public. DOLE, and TESDA, shall develop enabling policies and
DILG, and independence
free pre-test and guidelines to ensure economic empowerment
All HIV testing facilities shall provide wish to avail of for PLHIV.
individuals who designed
post-test HIV counseling tolikewise be confidential. No HIV
HIV testing, which shall
informed consent. The State
testing shall be conducted without
to HIV counseling and
shall ensure that specific approaches
7
26
DSWD, shall develop HIV and AIDS comprehensive programs
SEC. 36. Care and Support for Persons Living with
HIV. and policies, which include the HIV counseling and testing
_ The DSWD, in coordination with the DOH. shall develop procedures in prisons, rehabilitation centers, and other
for PLHIV, which shall include closed-setting institutions.
care and support programs
counseling and support, social protection, welfare
peer-led
assistance, and mechanisms for case management.affected
These PLHIV in prisons, rehabilitation centers, and other
shall include care and support for the closed-setting institutions shall be provided HIV treatment.
programs
children, families, partners, and support groups
of PLHIV. which includes anti-retroviral drugs, care, and support in
accordance with the national guidelines. Efforts should be
SEC. 37.Care and Support jor Overseas Workers Living undertaken to ensure the continuity of care at all stages, from
with HIV. The Overseas Workers Welfare Administration
— admission or imprisonment to release. The provision on
(OWWA), in coordination with the DOH,
DSWD, DFA, CFO, informed consent and confidentiality shall also apply in
of Quarantine and International Health closed-setting institutions.
and the Bureau
Surveillance, shall develop a program to provide a stigma-free
comprehensive reintegration, care, and support program, Src. 40. Non-discriminatory HIV and AIDS Services. —
including economic, social, and medical support for overseas The members of the PNAC, in cooperation with CSOs, and
in the in collaboration with DOJ and CHR, shall ensure the delivery
workers, regardless of employment status and stage
migration process. of non-discriminatory HIV and AIDS services by government
and private HIV and AIDS service providers.
gec. 38. Care and Support for Affected Families,
Intimate Partners, Significant Others and Children of
People SEC. 41. Protection of HIV Educators, Licensed Social
DOH, and LGUs, in Workers, Health Workers, and Other HIV and AIDS Service
Living with HIV. - The DSWD,
shall
consultation with CSOs and affected families of PLHIV Providers from Harassment. — Any person involved in the
families, provision of HIV and AIDS services, including peer educators,
develop care and support programs for affected of PLHIV,
intimate partners, significant others, and children shall be protected from suit, arrest or prosecution, and from
which shall include the following: civil, criminal or administrative liability, on the basis of their
delivery of such services in HIV prevention. This protection
Education programs that reduce HIV-related stigma,
(a) not cover acts which are committed in violation of this
discrimination does
including counseling to prevent HiV-related ct.
within the family;
Sec. 42. Health Insurance and Similar Health Services.
Educational assistance for children infected with HIV
(b) — The PhilHealth shall:
and children orphaned by HIV and AIDS; and
Develop a benefit package for PLHIV that shail
(a)
(c) HIV treatment and management
of opportunistic include coverage for in-patient and out-patient medical and
infections for minors living HIV who are not eligible under diagnostic services, including medication and treatment;
the Outpatient HIV and AIDS Treatment (OHAT) Package of
the Philippine Health Insurance Corporation (PhilHealth). Develop a benefit package for the unborn and the
(b)
newborn child from infected mothers;
SEC. 39. Care and Support Program in Prisons and
Others Closed-Setting Institutions. — All prisons,
rehabilitation Set a reference price for HIV services in government
institutions shall have ©
centers, and other closed-setting hospitals;
STI, HIV and AIDS prevention and control
comprehensive
and information, HIV (d) Conduct programs to educate the human resource
program that includes HIV educationHIV treatment and care
counseling and testing, and access to units of companies on the PhilHealth package on HIV and
DILG, DOJ, and
services. The DOH, in coordination with AIDS: and
Da
29
28
with HIV AIDS-related ilnesses, or was treated for HIV-related illnesses
(e)Develop a mechanism for orphans living shall be guaranteed. The following acts violate confidentiality
to access HIV benefit package. and privacy:
The PhilHealth shall enforce confidentiality in be
the
No PLHIV shall (a) Disclosure of Confidential HIV and AIDS Information.
provision of these packages to PLHIV. Unless otherwise provided in Section 45 of this Act, it shall
Health
denied or deprived of private health insurance under a
—
confidentiality; and Republic Act No. 10173, otherwise known as the “Data Privacy
kay
Act of 2012”.
EE
ARTICLE VI
(a) When complying with reportorial requirements
of the
CONFIDENTIALITY
national active and passive surveillance system of the DOH: ERNE
Saf
Ss
3]
30
Further, the
spouse. Confidentiality shall likewise be observed.
When informing other health workers directly
(bt) DOH. through the PNAC, shall establish an enabling
involved in the treatment or care of a PLHIV: Provided, That environment to encourage newly tested HIV-positive individuals
of shared
such worker shall be required to perform the duty to disclose their status to partners.
medical confidentiality; and
SEC. 48. Duty of Employers, Heads of Government
(c)When responding to a subpoena duces tecum and Offices, Heads of Public and Private Schools or Training
subpoena ad testificandum issued by a court with jurisdiction Institutions, and Local Chief Executives. — It shall be the duty
issue is the HIV status
over a legal proceeding where the main of private employers, heads of government offices. heads of
That the confidential medical
of an individual: Provided,
head of public and private schools and training institutions, and local
record, after having been verified for accuracy by the chief executives over all private establishments within their
shall remain and unlinked
the office or department, anonymous territorial jurisdiction, to prevent or deter acts of discrimination
and shall be properly sealed by its lawful custodian, hand against PLHIV, and to provide procedures for the resolution,
delivered to the court, and personally opened by the judge: settlement, or prosecution of acts of discrimination. Towards
Provided, further, That the judicial proceedings be held in this end, the private employer, head of office, or local chief
executive session. executive shall:
Disclosure of HIV-Related Test Results. — The
SEC. 46. (a) Promulgate rules and regulations prescribing the
result of any test related to HIV shall be disclosed by the procedure for the investigation of discrimination cases and the
trained service provider who conducts pre-test and post-test administrative sanctions thereof; and
the test.
counseling only to the individual who submitted to
If the patient is below fifteen (15) years old, an orphan, or (b) Create an ad hoc committee on the investigation of
is mentally incapacitated, the result may be disclosed to either
discrimination cases.
of the patient’s parents, legal guardian, or a duly assigned
licensed social worker or health worker, whichever is The Committee shall conduct meetings to increase the
applicable: Provided, That when a person below fifteen
(15)
members’ knowledge and understanding of HIV and AIDS, and
years of age and not suffering from any mental incapacity,
has given voluntary and informed consent to the procedure
in to prevent incidents of discrimination.It
shall also conduct the
administrative investigation of alleged cases of discrimination.
of the
accordance with Section 29(b) of this Act, the result
That
test shall be disclosed to the child: Provided, further, ARTICLE VI
the child should be given age-appropriate counseling and access
to necessary health care and sufficient support
services. DISCRIMINATORY ACTS AND PRACTICES AND
CORRESPONDING PENALTIES
It may also be disclosed to a person authorized to receive
such results in conjunction with the DOH Monitoring Body SEC. 49. Discriminatory Acts and Practices. — The
as provided in Section 43 of this Act. following discriminatory acts and practices shall be prohibited:
Disclosure to Persons with Potential Exposure
SEC. 47. (a) Discrimination in the Workplace. — The rejection of
tested, is found
to HIV. - Any person who, after having been
disclose this job application, termination of employment, or other
to be infected with HIV is strongly encouraged to discriminatory policies in hiring, provision of employment and
health condition to the spouse, sexual partners, and/or any other related benefits, promotion or assignment of an individual
person prior to engaging in penetrative sex or any potential solely or partially on the basis of actual, perceived, or
to HIV. A person living with HIV may seek help
exposure suspected HIV status:
from qualified professionals including medical professionals,
health workers, peer educators, or social workers to support
him in disclosing this health condition to one’s partner or
33
32
— Restrictions
{c) Restriction on Travel and Habitation. (a) Any person who commits the prohibited act under
travel within the Philippines, refusal of lawful entry to
on the Section 22 of this Act on misinformation on HIV and AIDS
Philippine territory, deportation from the Philippines, or shall, upon conviction, suffer the penalty of imprisonment
enforced isolation of travelers solely or partially
quarantine or HIV status is ranging from one (1) year but not more than ten (10) years,
on account of actual, perceived, or suspected shall be a fine of not less than Fifty thousand pesos (P50,000.00), but
discriminatory. The same standard of protection
residents who are not not more than Five hundred thousand pesos (P500,000.00), or
accorded to migrants, visitors, and both, at the discretion of the court: Provided, That if the
Filipino citizens: offender ig a manufacturer, importer or distributor of any
drugs, devices, agents, and other health products, the penalty
Restrictions on Shelter. — Restrictions on housing or
(d) of at least five (5) years imprisonment, but not more than ten
lodging, whether permanent or temporary, solely or
on the basis of actual, perceived, or suspected HIV
partially
status; (10) years, and a fine of atleast Five hundred thousand pesos
(P500,000.00), but not more than Five million pesos
(P5,000,000.00) shall be imposed: Provided, further, That
(e)Prohibition from Seeking or Holding Public Office. drugs, devices, agents, and other health products found in
— Prohibition on the right to seek an elective or appointive violation of Section 21 of this Act may be seized and held in
of actual, perceived,
public office solely or partially on the basis custody when the FDA Director-General has reasonable cause
or suspected HIV status: to believe facts found by him/her or an authorized officer or
employee of the FDA that such health products may cause
Exclusion from Credit and Insurance Services.
—
(f)
credit and injury or prejudice to the consuming public;
Exclusion from health, accident or life insurance, or
loan services, including the extension of such loan the or
(b) Any person who violates the second sentence of Section
facilities, of an individual solely or partially on
insurance Provided, 24 of this Act on police operations vis-d-vis comprehensive
basis of actual, perceived, or suspected HIV status: health intervention for key populations shall, upon conviction,
PLHIV has not concealed or misrepresented the fact
That the suffer the penalty of imprisonment of one (1) year to five (5)
to the insurance company or loan orcredit
service provider thousand
years, and a fine of not less than One hundred thousand pesos
upon application; (P100,000.00), but not more than Five hundred pesos
Institutions. (P500,000.00): Provided, That the law enforcement agents
(g) Discrimination in Hospitals and Health found guilty shall be removed from public service;
— Denial of health services, or being charged with a higher
HIV status
fee, on the basis of actual, perceived, or suspected (c) Any person who knowingly or negligently causes
discriminatory act and is prohibited;
is a another to get infected with HIV in the course of the practice
Denial of embalming and of profession through unsafe and unsanitary practice and
(h) Denial of Burial Services. - AIDS procedure, or who compelled any person to undergo HIV testing
burial services for a deceased person who had HIV and without his or her consent shall, upon conviction, suffer the
known, suspected, or perceived to be HIV-positive:
or who was penalty of imprisonment of six (6) years to twelve (12) years,
including without prejudice to the imposition of fines and administrative
G) Act of Bullying. — Bullying in all forms,
sanctions, such as suspension or revocation of professional
name-calling, upon a person based on actual, perceived, or license;
35
and the thousand pesos (P150,000.00), but not more than Three
The permit or license of the business entity hundred fifty thousand pesos (P350,000.00), at the discretion
the HIV testing centers may be cancelled or
accreditation of
safe of the court; and
withdrawn if these establishments fail to maintain
required by the guidelines
practices and procedures as may be (3) Five (5) years and one (1) day to seven (7) years of
formulated in compliance with Section 26, on blood, tissue, or imprisonment for any health professional, medical instructor,
28, on medical management,
organ donation, and Section worker, employer, recruitment agency, insurance company,
surgical, and other related procedures: data encoder, and other custodian of any medical record, file,
‘WRIA
fine
this Act, on data, or test result who breaches confidentiality, and/or a
(a) Any person who violates Section 41 of of not less than Three hundred fifty thousand pesos
licensed social workers, health
the protection of HIV educators,
from (P350,000.00), but not more than Five hundred thousand pesos
workers, and other HIV and AIDS service providers of (P500,000.00), at the discretion of the court.
harassment shall, upon conviction, suffer the penalty fine
imprisonment of
six (6) months to five (5) years,
of not less than One hundred thousand pesos
and a
(P100,000.00), ‘These penalties are without prejudice
sanction or civil suit that may
to any
be brought
administrative
ably
thousand (P500,000.00):
but not more than Five hundred
violates
pesos
this provision is a against persons who violate confidentiality under this Act.
Provided, That if the person who
administrative
law enforcement agent or a public official, and/ (g) Any person who shall violate any of the provisions
sanctions may be imposed in addition to imprisonment in Section 49 on discriminatory acts and practices shall, upon
or fine, at the discretion of the court; conviction, suffer the penalty of imprisonment
fine of not less
of
than
six (6) months
Fifty thousand
to five (5) years, and/or a
fe) Any person, natural or juridical, who violates the pesos (P50,000.00), but not more than Five hundred thousand
of this Act on health insurance and and without
pesos (P500,000.00), at the discretion of the court,
provisions of Section 42
similar services shall, upon conviction, suffer theand/or penalty of the imposition of administrative sanctions such
prejudice to
a fine
imprisonment of six (6) months to five (5) years, at the as fines, suspension or revocation of business permit, business
(P50.000.00),
of not less than Fifty thousand pesos
to the imposition license or accreditation, and professional license; and
discretion of the court, and without prejudice
of administrative sanctions such as fines, suspensions
or
accreditation, (h) Any person who has obtained knowledge of confidential
business license or
revocation of business permit, HIV and AIDS information and uses such information to
and professional license: malign or cause damage, injury. or loss to another person
of Section 44 shall face liability under Articles 19, 20, 21, and 26 of the
(f) Any person whoviolates the provisions suffer the new Civil Code of the Philippines and relevant provisions
of
of this Act on confidentiality shall, upon conviction, No. 10173, otherwise known as the “Data Privacy
Republic Act
following penalties: Act of 2012”.
for
(1) Six (6) months to two (2) years of imprisonment If the offender is a corporation, association, partnership
confidentiality, and/or a fine of not
any person who breaches more than or any other juridical person, the penalty of imprisonment
less than Fifty thousand pesos (P50,000.00), but not shall be imposed upon the responsible officers and employees,
One hundred fifty thousand pesos (P150,000.00), at the their
as the case may be, who participated in, or allowed by fine
discretion of the court; negligence, the commission of the crime, and the ott
gross
shall be imposed jointly and severally on the juridical person e nantes
nae
Ra
oe
37
a
38
iN
Sec. 57, Effectivity. Act shall take effect fifteen
- This Gazette
ss
(15) days after complete publication in the Official
its of general circulation.
tg or in a national newspaper
lhe
tne
Approved,
i
ee
hn
{
eens
é
tai
House of Representatives on ctober
Ka
PL MALING
DO
MYRA MARIE D. VILLARICA
DANTE
Rovio
ActingSecretgey General Secretary of the Senate
House of Representatives
BEC 2 0 2018
Approved:
, C
RODRI OA DUTERTE
President of the Philippines
or
ee te AE REED ENS LOE IIE
ut
403 af By
LP
‘ meameeesrnnceemEes
pea
Ec
Republic of the Philippines
Department of Health
OFFICE OF THE SECRETARY
MEMORANDUM CIRCULAR
No. 2019 -
___
HEALTH DEVELOPMENT AND, EXECUTIVE DIRECTORS OF
SPECIALTY HOSPITALS, CHIEFS OF MEDICAL CENTERS,
HOSPITALS, SANITARIA AND INSTITUTES; PRESIDENT OF
THE PHILIPPINE HEALTH INSURANCE CORPORATION;
DIRECTORS OF TREATMENT AND REHABILITATION
CENTERS; ATTACHED AGENCIES AND OTHERS CONCERNED
SUBJECT: Republic Act (RA) No. 11166 “An Act Strengthening the Philippine
Comprehensive Policy on Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) Prevention,
Treatment, Care and Support, and Reconstituting the Philippine
National AIDS Council (PNAC), Repealing for the Purpose RA No.
8404, Otherwise Known as the “Philippine AIDS Prevention and
Control Act of 1998” and Appropriating Funds Therefore”
Attached for your information and guidance is a copy of the RA No. 11166 “An Act
Strengthening the Philippine Comprehensive ‘Policy on Human Immunodeficiency Virus
(HIV) and Acquired Immune Deficiency Syndrome (AIDS) Prevention, Treatment, Care and
Support, and Reconstituting the Philippine National AIDS Council (PNAC), Repealing for the
Purpose RA No. 8404, Otherwise Known as the “Philippine AIDS Prevention and Control Act
of 1998” and Appropriating Funds Therefore” approved on December 20, 2018.
MYRNA
C. CABOTAJE, MD, MPH, CESO III
Undersecretary of Health
Public Health Services Team
Building 1, San Lazaro Compound, Rizal Avenue, Sta. Cruz, 1003 Manila e Trunk Line 651-7800 local 1113, 1108, 1135
Direct Line: 711-9502; 711-9503 Fax: 743-1829; 743-1786 @ URL: http://www.doh.gov.ph; e-mail: ftduque@doh.gov.ph
__
February 20, 2019
MEMORANDUM CIRCULAR
No. 2019 -
SUBJECT: Republic Act (RA) No. 11166 “An Act Strengthening the Philippine
Comprehensive Policy on Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS) Prevention,
Treatment, Care and Support, and Reconstituting the Philippine
National AIDS Council (PNAC), Repealing for the Purpose RA No.
8404, Otherwise Known as the “Philippine AIDS Prevention and
Control Act of 1998” and Appropriating Funds Therefore”
Attached for your information and guidance is a copy of the RA No. 11166 “An Act
Strengthening the Philippine Comprehensive Policy on Human Immunodeficiency Virus
(HIV) and Acquired Immune Deficiency Syndrome (AIDS) Prevention, Treatment, Care and
Support, and Reconstituting the Philippine National AIDS Council (PNAC), Repealing for the
Purpose RA No. 8404, Otherwise Known as the “Philippine AIDS Prevention and Control Act
of 1998” and Appropriating Funds Therefore” approved on December 20, 2018.
Tlf
8
Initials Dr.
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5
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nen
ae
DireGor¥ ExecutivefAssistant IV ot
Date V LZ