FINAL Draft of IRR of RA11166

1 Republic Act No.
11166
2 Implementing Rules and Regulations
3
4 PHILIPPINE NATIONAL AIDS COUNCIL
5 RESOLUTION No. 1
6
7 WHEREAS, Republic Act No. 11166, otherwise known as the “Philippine HIV and
8 AIDS Policy Act”, was signed into law by the President of the Republic of the Philippines
9 on December 20, 2018;
10
11 WHEREAS, Section 55 of Republic Act No. 11166 expressly repealed Republic
12 Act No. 8504, otherwise known as the “Philippine AIDS Prevention and Control Act of 1998”;
13
14 WHEREAS, pursuant to Section 57 of Republic Act No. 11166, this Act took effect
15 on January 25, 2019, or fifteen (15) days after its complete publication in the Official Gazette
16 on January 10, 2019;
17
18 WHEREAS, Section 54 of Republic Act No. 11166 mandates that, the Philippine
19 National AIDS Council (PNAC) shall promulgate the necessary rules and regulations to
20 implement the provisions of this Act;
21
22 WHEREAS, the PNAC is the multi-sectoral, central advisory, planning and policy-
23 making, and implementing body mandated by this Act to oversee a comprehensive and
24 integrated national policy on the prevention and control of HIV and AIDS in the
25 Philippines;
26
27 BE IT RESOLVED AS IT IS HEREBY RESOLVED, on this ____ day of
28 _____, 2019 that the PNAC adopts and issues the Implementing Rules and Regulations
29 of Republic Act No. 11166.
30
31
32
33
34
35
36
37
38
Francisco T. Duque III, MD, MSc

Secretary, Department of Health
Chairperson, Philippine National AIDS Council
39
40
1
Department of the Interior and Local Government
Vice Chairperson, Philippine National AIDS Council
(Signature over printed name)
Department of Labor and Employment Position

Department of Social Welfare and Position

Development
Department of Education Position

Department of Budget and Management Position

Civil Service Commission Position

Commission on Higher Education Position

National Youth Commission Position

Philippine Information Agency Position

2
Chairperson, Committee on Health Position
House of Representatives
Chairperson, Committee on Health Position

And Demography,
Senate of the Philippines
Philippine Medical Association Position

Health Action and Information Network, Inc. Position

Pinoy Plus Advocacy Pilipinas, Inc. Position

(Signature Over Printed Name)
Philippine NGO Council on Population, Position

Health and Welfare, Inc.
Trade Union Congress of the Philippines, Inc. Position

TLF SHARE Collective, Inc. Position

Action for Health Initiatives, Inc. Position

1
3
1
2 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT 11166
3 OTHERWISE KNOWN AS
4 “PHILIPPINE HIV AND AIDS POLICY ACT”
5
6 RULE 1
7 TITLE AND APPLICATION
8
9 SECTION 1. Title – This resolution shall be known as the “Implementing Rules and
10 Regulations of the Philippine HIV and AIDS Policy Act”.
11
12 SEC. 2. Purpose – The Implementing Rules and Regulations (IRR) shall prescribe
13 guidelines, procedures and standards for the implementation of the mandates and
14 objectives of R.A. No. 11166, and to ensure and facilitate compliance to its provisions.
15
16 SEC. 3. Declaration of Policies –
17
18 1. The Human Immunodeficiency Virus (HIV) and Acquired Immune
19 Deficiency Syndrome (AIDS) are public health concerns that have wide-ranging social,
20 political, and economic repercussions. Responding to the country’s HIV and AIDS
21 situation is therefore imbued with public interest and shall be anchored on the principles
22 of human rights upholding human dignity.
23
24 2. Policies and practices that discriminate on the basis of perceived or actual
25 HIV status, sex, gender, sexual orientation, gender identity, age, economic status,
26 disability, and ethnicity hamper the enjoyment of basic human rights and freedoms
27 guaranteed in the Constitution and are deemed inimical to national interest.
28
29 3. The State shall respect, protect, and promote human rights as the
30 cornerstones of an effective response to the country’s HIV and AIDS situation. Hence,
31 HIV and AIDS education and information dissemination shall form part of the right to
32 health.
33
34 4. The meaningful inclusion and participation of persons directly and indirectly
35 affected by HIV and AIDS, especially persons living with HIV, are crucial in eliminating
36 the virus. Thus, unless otherwise provided in this IRR, the confidentiality, and the non-
37 compulsory nature of HIV testing and HIV-related testing shall always be guaranteed and
38 protected by the State.
39
40 5. Towards this end, the State shall ensure the delivery of non-discriminatory
41 HIV and AIDS services by the government and private HIV and AIDS service providers
42 and shall develop redress mechanisms for persons living with HIV to ensure that their
43 civil, political, economic, and social rights are protected.
44
45 6. Accordingly, the State shall:
46
4
1 (a) Establish policies and programs to prevent the spread of HIV and
2 deliver treatment, care, and support services to Filipinos living with HIV in
3 accordance with evidence-based strategies and approaches that uphold the
4 principles of human rights, gender-responsiveness, and age-appropriateness,
5 including meaningful participation of communities affected by HIV and AIDS
6 situation;
7 (b) Adopt a multi-sectoral approach in responding to the country’s HIV
8 and AIDS by ensuring that the whole of government approach, local
9 communities, civil society organizations, and persons living with HIV are at the
10 center of the process;
11 (c) Ensure access to HIV and AIDS-related services by eliminating the
12 climate of stigma and discrimination that surrounds the country’s HIV and AIDS
13 situation and the people directly and indirectly affected by it; and
14 (d) Positively address and seek to eradicate conditions that aggravate the
15 spread of HIV infection, which include poverty, gender inequality,
16 marginalization, and ignorance.
17
18 SEC. 4. Definition of Terms – For the purposes of this IRR, the following terms shall
19 be defined as follows:
20
21 (a) “Acquired Immune Deficiency Syndrome (AIDS)” refers to a health condition
22 where there is a deficiency of the immune system that stems from infection with the
23 Human Immunodeficiency Virus (HIV) making an individual susceptible to
24 opportunistic infections;
25
26 (b) “Act” refers to Republic Act No. 11166;
27
28 (c) “Anti-retroviral therapy (ART)” refers to the treatment that stops or
29 suppresses viral replication or replications of a retrovirus, like HIV, thereby slowing down
30 the progression of infection;
31
32 (d) “Bullying” refers to any severe or repeated use by one or more persons of a
33 written, verbal or electronic expression, or a physical act or gesture, or any combination
34 thereof, directed at another person that has the effect of actually causing or placing the
35 latter in reasonable fear of physical or emotional harm or damage to one’s property;
36 creating a hostile environment for the other person; infringing on the rights of another
37 person; or materially and substantially disrupting the processes or orderly operation of an
38 institution or organization;
39
40 (e) “Civil Society Organizations (CSOs)” refers to groups of non-governmental and
41 non-commercial individuals or legal entities that are engaged in non-coerced collective
42 action around shared interests, purpose and values;
43
5
1 (f) “Community-based research” refers to studies undertaken in community settings
2 and which involve community members in the design and implementation of research
3 projects;
4
5 (g) “Comprehensive Health Intervention for Key Populations” refers to evidence-based
6 policies, programs and approaches that aim to reduce transmission of HIV and its
7 harmful consequences on health, social relations and economic conditions;
8
9 (h) “Compulsory HIV testing” refers to HIV testing imposed upon an individual
10 characterized by lack of consent, use of force or intimidation, the use of testing as a
11 prerequisite for employment or other purposes, and other circumstances when informed
12 choice is absent;
13
14 (i) “Culture-sensitive” refers to the conduct of DOH prevention programs being
15 compatible and appropriate to the culture, beliefs, customs and traditions, indigenous
16 systems and practices.
17
18 (j) “Discrimination” refers to unfair or unjust treatment that distinguishes,
19 excludes, restricts, or shows preferences based on any ground such as sex, gender, age,
20 sexual orientation, gender identity and expression, economic status, disability, ethnicity,
21 and HIV status, whether actual or perceived, and all other similar or analogous cases, and
22 which has the purpose or effect of nullifying or impairing the recognition, enjoyment or
23 exercise by all persons similarly situated, or all rights and freedoms;
24
25 (k) “Evolving capacities of the child” refers to the concept enshrined in Article 5 of
26 the Convention on the Rights of the Child recognizing the developmental changes and
27 the corresponding progress in cognitive abilities and capacity for self-determination
28 undergone by children as they grow up, thus requiring parents and others charged with
29 the responsibility for the child to provide varying degrees of protection and to allow their
30 participation in opportunities for autonomous decision-making in different contexts and
31 across different areas of decision-making;
32
33 (l) “Gender expression” refers to the way a person communicates gender identity
34 to others through behavior, clothing, hairstyles, communication or speech pattern, or
35 body characteristics;
36
37 (m) “Gender identity” refers to the personal sense of identity as characterized,
38 among others, by manner of clothing, inclinations, and behavior in relation to masculine
39 or feminine conventions. A person may have a male or female identity with the
40 physiological characteristics of the opposite sex;
41
6
1 (n) “Gender-responsive” refers to the ability to substantively address gender issues
2 identified through gender analysis of sex-disaggregated data and gender-related
3 information;
4
5 (o) “Gender-sensitive” refers to the ability to recognize and acknowledge the
6 differences in roles, needs, and perspectives of women and men, possible asymmetries in
7 their relationship, and the possibility that actions or interventions will have different
8 effects on, and results for, women and men based on their gender, but do not actively
9 seek to address these issues;
10
11 (p) “Health Maintenance Organization (HMO)” refers to juridical entities legally
12 organized to provide or arrange for the provision of pre-agreed or designated health care
13 services to its enrolled members for a fixed pre-paid fee for a specified period of time;
14
15 (q) “High-risk behavior” refers to a person’s involvement in certain activities that
16 increase the risk of transmitting or acquiring HIV;
17
18 (r) “Human Immunodeficiency Virus (HIV)” refers to the virus, of the type called
19 retrovirus, which infects cells of the human immune system, and destroys or impairs the
20 cells’ function. Infection with HIV results in the progressive deterioration of the immune
21 system, leading to immune deficiency;
22
23 (s) “HIV counseling” refers to the interpersonal and dynamic communication
24 process between a client and a trained counselor, who is bound by a code of ethics and
25 practice, to resolve personal, social, or psychological problems and difficulties, whose
26 objective in counseling, in the context of an HIV diagnosis, is to encourage the client to
27 explore important personal issues, identify ways of coping with anxiety and stress, and
28 plan for the future (keeping healthy, adhering to treatment, and preventing transmission);
29 and in the context of a negative HIV test result, to encourage the client to explore
30 motivations, options, and skills to stay HIV-negative;
31
32 (t) “HIV and AIDS counselor” refers to any individual trained by an institution
33 or organization accredited by the Department of Health (DOH) to provide counseling
34 services on HIV and AIDS with emphasis on behavior modification;
35
36 (u) “HIV and AIDS monitoring” refers to the documentation and analysis of the
37 number of HIV and AIDS infections and the pattern of its spread;
38
39 (v) “HIV and AIDS prevention and control” refers to measures aimed at protecting
40 non-infected persons from contracting HIV and minimizing the impact of the condition
41 of persons living with HIV;
42
7
1 (w) “HIV-Negative” refers to the absence of HIV or HIV antibodies upon HIV
2 testing;
3
4 (x) “HIV-Positive” refers to the presence of HIV infection as documented by
5 the presence of HIV or HIV antibodies in the sample being tested;
6
7 (y) “HIV Testing” refers to any facility-based, mobile medical procedure, or
8 community-based screening modalities that are conducted to determine the presence or
9 absence of HIV in a person’s body. HIV testing is confidential, voluntary in nature, and
10 must be accompanied by counseling prior to and after the testing, and conducted only
11 with the informed consent of the person;
12
13 (z) “HIV-related Testing” refers to any laboratory testing or procedure done on
14 an individual in relation to a person’s HIV condition;
15
16 (aa) “HIV Testing Facility” refers to any DOH-accredited on-site or mobile
17 testing center, hospital, clinic, laboratory, and other facility that has the capacity to
18 conduct voluntary HIV counseling and HIV testing;
19
20 (bb) “HIV Transmission” refers to the transfer of HIV from one infected person
21 to an uninfected individual, through unprotected sexual intercourse, blood transfusion,
22 sharing of contaminated intravenous needles, or which may occur during pregnancy,
23 delivery, and breastfeeding;
24
25 (cc) “Informed Consent” refers to the voluntary agreement of a person to undergo
26 or be subjected to a procedure based on full information, whether such permission is
27 written or conveyed verbally;
28
29 (dd) “Key Affected Populations” or Key Population refer to those groups or persons at
30 higher risk of HIV exposure, or affected populations whose behavior make them more
31 likely to be exposed to HIV or to transmit the virus;
32
33 (ee) “Laboratory” refers to an area or place, including community-based settings,
34 where research studies are being undertaken to develop local evidence for effective HIV
35 response;
36
37 (ff) “Mature minor doctrine” refers to the legal principle that recognizes the
38 capacity of some minors to consent independently to medical procedures, if they have
39 been assessed by qualified health professionals to understand the nature of procedures
40 and their consequences and to make a decision on their own;
41
8
1 (gg) “Medical confidentiality” refers to the core duty of medical practice where the
2 information provided by the patient to health practitioners and his/her health status is
3 kept private and is not divulged to third parties. The patient’s health status can, however,
4 be shared with other medical practitioners involved in the professional care of the patient,
5 who will also be bound by medical confidentiality. Medical confidentiality applies to the
6 attending physician, consulting medical specialist, nurse, medical technologist, and all
7 other health workers or personnel involved in any counseling, testing or professional care
8 of the patient. It also applies to any person who, in any official capacity, has acquired or
9 may have acquired such confidential information;
10
11 (hh) “Opportunistic infections” refer to illnesses caused by various organisms many
12 of which do not cause diseases in persons with healthy immune system;
13
14 (ii) “Outpatient HIV and AIDS Treatment (OHAT)” refers to the outpatient
15 treatment package for HIV and AIDS offered by the Philippine Health Insurance
16 Corporation (PhilHealth);
17
18 (jj) “Partner notification” refers to the process by which the “index client”,
19 “source”, or “patient”, who has a sexually transmitted infection (STI), including HIV, is
20 given support in order to notify and advise the partners that have been exposed to
21 infection. Support includes giving the index client a mechanism to encourage the client’s
22 partner to attend counseling, testing and other prevention and treatment services.
23 Confidentiality shall be observed in the entire process;
24
25 (kk) “Person Living with HIV (PLHIV)” refers to any individual diagnosed to be
26 infected with HIV;
27
28
29 (ll) “Persons with Disabilities (PWDs)” refers to those who are suffering from
30 restriction or different abilities, as a result of a mental, physical, or sensory impairment,
31 to perform an activity in the manner or within the range considered normal for a human
32 being as defined in Republic Act No. 7277, as amended by Republic Act No. 9442,
33 otherwise known as the “Magna Carta for Disabled Persons”;
34
35 (mm) “Pre-exposure prophylaxis” refers to the use of prescription drugs as a strategy
36 for the prevention of HIV infection by people who do not have HIV and AIDS. It is an
37 optional treatment which may be taken by people who are HIV-negative but who have
38 substantial, higher-than-average risk of contracting an HIV infection;
39
40 (nn) “Pre-test counseling” refers to the process of providing an individual with
41 information on the biomedical aspects of HIV and AIDS and emotional support to any
42 psychological implications of undergoing HIV testing and the test result itself before the
43 individual is subjected to the test;
44
9
1 (oo) “Post-exposure prophylaxis” refers to a preventive medical treatment started
2 immediately after exposure to a pathogen (HIV) in order to prevent infection by the
3 pathogen and the development of the disease;
4
5 (pp) “Post-test counseling” refers to the process of providing risk-reduction
6 information and emotional support to a person who has submitted to HIV testing at the
7 time the result is released;
8
9 (qq) “Private sector” refers to groups, associations, private schools, colleges, and
10 universities, business enterprises owned and operated by private individuals or groups,
11 and other organizations and establishments, including individuals, which are not part of
12 the government and CSOs as defined in this IRR;
13
14 (rr) “Prophylactic” refers to any agent or device used to prevent the transmission
15 of an infection;
16
17 (ss) “Provider-initiated counseling and testing” refers to a health care provider
18 initiating HIV testing to a person practicing high-risk behavior or vulnerable to HIV after
19 conducting HIV pre-test counseling. A person may elect to decline or defer testing such
20 that consent is conditional;
21
22 (tt) “Redress” refers to an act of compensation for unfairness, grievance, and
23 reparation;
24
25 (uu) “Safer sex practices” refers to choices made and behaviors adopted by a person
26 to reduce or minimize the risk of HIV transmission. These may include postponing sexual
27 debut, non-penetrative sex, correct and consistent use of male or female condoms, and
28 reducing the number of sexual partners;
29
30 (vv) “Sexually Transmitted Infections (STIs)” refers to infections that are spread
31 through the transfer of organisms from one person to another as a result of sexual
32 contact;
33
34 (ww) “Sexual orientation” refers to the direction of emotional and sexual attraction
35 or conduct towards people of the same sex (homosexual orientation) or towards people
36 of both sexes (bisexual orientation) or towards people of the opposite sex (heterosexual
37 orientation), or to the absence of sexual attraction (asexual orientation);
38
39 (xx) “Social protection” refers to a set of policies and programs designed to reduce
40 poverty and vulnerability by promoting efficient labor markets, diminishing people’s
41 exposure to risks, and enhancing their capacity to protect themselves against hazards and
42 interruptions on or loss of income;
10
1
2 (yy) “Stigma” refers to the dynamic devaluation and dehumanization of an
3 individual in the eyes of others, which may be based on attributes that are arbitrarily
4 defined by others as discreditable or unworthy and which results in discrimination when
5 acted upon;
6
7 (zz) “Treatment hubs” refers to private and public hospitals or medical
8 establishments accredited by DOH to have the capacity and facility to provide treatment
9 and care services to PLHIV;
10
11 (aaa) “Voluntary HIV testing” refers to HIV testing done on an individual who,
12 after having undergone pre-test counseling, willingly submits to such test;
13
14 (bbb) “Vulnerable communities” refers to communities and groups suffering from
15 vulnerabilities, such as unequal opportunities, social exclusion, poverty, unemployment,
16 and other similar social, economic, cultural and political conditions, making them more
17 susceptible to HIV infection and to developing AIDS; and
18
19 (ccc) “Workplace” refers to the office, premise or work site where workers are
20 habitually employed and shall include the office or place where workers, with no fixed or
21 definite work site, regularly report for assignment in the course of their employment.
22
23 RULE 2
24 THE PHILIPPINE NATIONAL AIDS COUNCIL
25
26 SEC. 5. Philippine National AIDS Council (PNAC) –
27
28 1. The PNAC shall ensure the implementation of the country’s response to the
29 HIV and AIDS situation.
30
31 2. The PNAC shall be an agency attached to the DOH with a separate budget
32 under the General Appropriations Act (GAA). It shall have its own Secretariat and
33 staffing pattern, and shall be headed by an Executive Director.
34
35 SEC. 6. Functions –
36
37 1. The PNAC shall perform the following functions:
38
39 (a) Develop and regularly review an AIDS Medium Term Plan (AMTP) in
40 collaboration with relevant government agencies, LGUs, CSOs, the PLHIV community,
41 and other stakeholders. The AMTP shall include the following:
42
43 (1) The country’s targets and strategies in addressing the HIV and AIDS
44 situation;
11
1
2 (2) The prevention, treatment, care and support, and other components
3 of the country’s response;
4
5 (3) The operationalization of the program and identification of the
6 government agencies that shall implement the program, including the designated
7 office within each agency responsible for overseeing, coordinating, facilitating and
8 monitoring the implementation of its HIV and AIDS program from the national
9 level to the local level; and
10
11 (4) The budgetary requirements and a corollary investment plan of each
12 government agency specified in the AMTP, and shall identify the sources of funds
13 for its implementation.
14
15 (b) Ensure the operationalization and implementation of the AMTP;
16
17 (c) Strengthen the collaboration between government agencies and CSOs
18 involved in the implementation of the national HIV and AIDS response, including the
19 delivery of HIV and AIDS related services;
20
21 (d) Develop and ensure the implementation of the guidelines and policies
22 provided in this Act, including other policies that may be necessary to implement the
23 AMTP;
24
25 (e) Monitor the progress of the response to the country’s HIV and AIDS
26 situation and actively seek good practices from all stakeholders;
27
28 (f) Monitor the implementation of the AMTP, which includes the AMTP
29 investment plan, undertake mid-term assessments, and evaluate its impact;
30
31 (g) Mobilize sources of funds for the AMTP;
32
33 (h) Direct and require its members to conduct monitoring and evaluation in all
34 of the HIV-related programs, policies, and services undertaken within their respective
35 mandates, and to submit an annual report. In relation to this, other government agencies,
36 LGUs, CSOs, the PLHIV community, and other stakeholders are enjoined to submit
37 similar reports to the appropriate PNAC member;
38
39 (i) Coordinate, organize, and work in partnership with foreign and

40 international organizations regarding funding, data collection, research, and prevention
41 and treatment modalities on HIV and AIDS, and ensure that foreign-funded programs
42 are aligned to the national plan and response;
12
1
2 (j) Advocate for policy reforms to Congress and other government agencies to
3 strengthen the country’s response to the HIV and AIDS situation;
4
5 (k) Submit an annual accomplishment/progress report on the

6 accomplishments under the AMTP to the Office of the President, Congress and members
7 of the Council;
8
9 (l) Identify gaps in the national response on the part of government agencies
10 and its partners from the civil society and international organizations in order to develop
11 and implement the initial interventions required in these situations; and
12
13 (m) Recommend policies and programs that will institutionalize or continue the
14 interventions required in addressing the gaps identified in the national response to the
15 HIV and AIDS situation of the country.
16
17 2. In addition to the powers and functions enumerated under the preceding
18 paragraph, the members of the PNAC shall also develop and implement individual action
19 plans which shall be anchored to and integrated in the AMTP. Such action plans shall be
20 based on the duties, powers, and functions of the individual agencies as identified in Rule
21 4 to Rule 9 of this IRR.
22
23 SEC. 7. Membership and Composition –
24
25 1. The following shall be represented in the PNAC:
26
27 (a) Department of Health (DOH) - Secretary of Health as permanent
28 Chairperson
29
30 (b) Department of Education (DepEd);
31
32 (c) Department of Labor and Employment (DOLE);
33
34 (d) Department of Social Welfare and Development (DSWD);
35
36 (e) Department of the Interior and Local Government (DILG);
37
38 (f) Department of Budget and Management (DBM);
39
40 (g) Civil Service Commission (CSC);
41
42 (h) Commission on Higher Education (CHED);
43
44 (i) National Youth Commission (NYC);
13
1
2 (j) Philippine Information Agency (PIA);
3
4 (k) Chairperson of the Committee on Health and Demography of the Senate
5 of the Philippines or his/her representative;
6
7 (l) Chairperson of the Committee on Health of the House of Representatives
8 or his/her representative;
9
10 (m) Two (2) representatives from organizations of persons living with HIV and
11 AIDS (PLHIV);
12
13 (n) One (1) representative from the private organization with expertise in
14 standard setting and service delivery; and
15
16 (o) Six (6) representatives from NGOs working for the welfare of identified
17 key populations.
18
19 2. The Vice Chairperson shall be elected from among the government agency
20 members of the PNAC.
21
22 3. The PNAC may, as deemed necessary, invite to its meetings and activities
23 other government agencies, NGOs, and experts, who have relevant expertise that may be
24 useful to accomplish its mandate and mission under this IRR.
25
26 SEC. 8. Membership and Composition –
27
28 1. The selection and appointment of the members of PNAC shall be based on
29 the following general criteria:
30
31 (a) Government agencies or CSOs with direct contribution to the
32 performance of the core functions of the PNAC (oversight, direction-setting and
33 policy-making);
34 (b) Government agencies or CSOs with existing programs, services and
35 activities that directly contribute to the achievement of the AMTP; and
36 (c) Government agencies or CSOs with existing constituencies that are
37 targeted by the AMTPs objectives and activities.
38 2. The heads of government agencies may designate an official representative
39 to the PNAC whose rank shall not be lower than Assistant Secretary or its equivalent.
40
41 SEC. 9. Meetings and Quorum –
42
43 1. The PNAC shall meet at least once every quarter at any venue, The notice
44 of the meeting, including the agenda for the meeting, shall be sent to the PNAC members
14
1 at least one (1) month before the scheduled meeting, except on emergency basis, in which
2 case a forty-eight (48) hour notice shall be sufficient.
3
4 The presence of the Chairperson or the Vice Chairperson of the PNAC, and at
5 least ten (10) other PNAC members and/or permanent representative shall constitute a
6 quorum to do business, and a majority vote of those present shall be sufficient to pass
7 resolutions or render decisions.
8
9 2. Decisions made and resolutions passed by the PNAC shall be signed by
10 majority of members of the PNAC, and attested by the Executive Director of the PNAC
11 Secretariat.
12
13 SEC. 10. Terms of Office -
14
15 1. The Vice Chairperson shall serve for a term of three (3) years.
16
17 2. Members representing the CSOs shall serve for a term of three (3) years,
18 renewable upon the recommendation of the Council for a maximum of two (2)
19 consecutive terms.
20
21 SEC. 11. Committees –
22
23 1. The PNAC shall establish committees to conduct its work based on the
24 AMTP.
25
26 2. The PNAC shall determine the role, functions, and membership of each
27 committee and shall allocate the respective agenda and topic of their coverage based on
28 the provisions of this IRR and the AMTP. Each committee shall have representatives
29 from the CSO and a CSO representative as a co-chairperson.
30
31 3. The PNAC may, as deemed necessary, invite to its meetings and activities
32 other government agencies, CSOs, and experts, who have relevant expertise that may be
33 useful in accomplishing its mandate and work.
34
35
36 RULE 3
37 SECRETARIAT
38
39 SEC. 12. PNAC Secretariat –
40
41 1. The PNAC shall be supported by a secretariat consisting of personnel with
42 the necessary technical expertise and capability whose appointments shall be issued
43 subject to Civil Service law and rules. The Secretariat shall be headed by the Executive
44 Director.
45
46 2. The PNAC Secretariat shall perform the following functions:
15
1
2 (a) Coordinate and manage the day-to-day affairs of the PNAC;
3 (b) Assist in the formulation, monitoring, and evaluation of policies and
4 the AMTP;
5 (c) Provide technical assistance, support, and advisory services to the
6 PNAC and its external partners;
7 (d) Assist the PNAC in identifying and building internal and external
8 networks and partnerships;
9 (e) Coordinate and support the efforts of the PNAC and its members to
10 mobilize resources;
11 (f) Serve as the repository of relevant information and data in relation to
12 HIV and AIDS;
13 (g) Disseminate updated, accurate, relevant, and comprehensive
14 information to the members of the PNAC, the policy-makers, and the media on
15 the situation of HIV and AIDS in the country;
16 (h) Provide administrative support to the PNAC; and
17 (i) Coordinate, fund and implement, as directed by the PNAC, the
18 interventions required for the identified gaps in the implementation of the
19 AMTP, in cooperation with the CSOs and the PLHIV community.
20
21 SEC. 13. Executive Director – The Executive Director shall be appointed by the
22 President of the Philippines and under the direct supervision of the Chairperson of the
23 PNAC.
24
25 SEC. 14. The Role of DOH –
26
27 1. The NASPCP, which shall be composed of qualified medical officers or
28 medical specialists and support personnel with permanent appointments and with
29 adequate yearly budget, shall coordinate with the PNAC for the implementation of the
30 health sector’s HIV and AIDS and STI response, as identified in the AMTP.
31
32 2. The Epidemiology Bureau shall maintain a comprehensive HIV and AIDS
33 monitoring and evaluation program that shall serve the following purposes:
34
35 (a) Determine and monitor the magnitude and progression of HIV and
36 AIDS in the Philippines to help the PNAC evaluate the adequacy and efficacy of
37 HIV prevention and treatment programs being employed;
38 (b) Receive, collate, process, and evaluate all medical reports related to
39 HIV and AIDS, including HIV-related deaths and relevant data, from public and
40 private hospitals, various databanks or information systems: Provided, That it shall
41 adopt a coding system that ensures anonymity and confidentiality; and
16
1 (c) Submit, through the PNAC Secretariat, quarterly and annual reports
2 to the PNAC containing the findings of its monitoring and evaluation activities
3 in compliance with this mandate.
4
5 SEC. 15. Protection of Human Rights –
6
7 1. The country’s response to the HIV and AIDS situation shall be anchored
8 on the principles of human rights and human dignity. Public health concerns shall be
9 aligned with internationally-recognized human rights instruments and standards.
10
11 2. The members of the PNAC, in cooperation with the CSOs, and in
12 collaboration with the Department of Justice (DOJ) and the Commission on Human
13 Rights (CHR), shall be ensure the delivery of non-discriminatory HIV and AIDS services
14 by government and private HIV and AIDS service providers.
15
16 3. The DOJ and CHR, in coordination with the PNAC and other relevant
17 government agencies, shall take the lead in developing redress mechanisms for PLHIV to
18 ensure that their civil, political, economic, and social rights are protected.
19
20 4. The PNAC, in coordination with the DILG, shall collaborate and cooperate
21 with local government units (LGUs) to strengthen existing mediation and reconciliation
22 mechanisms at the local level through the Local AIDS Councils or its equivalent entity.
23
24
25 RULE 4
26 INFORMATION, EDUCATION AND COMMUNICATION
27
28 SEC. 16. Prevention Program –
29
30 1. The PNAC shall develop an HIV and AIDS prevention program to educate
31 the public on HIV and AIDS and other STIs, with the goal of reducing risky behavior,
32 lowering vulnerabilities, and promoting the human rights of PLHIV.
33
34 2. The PNAC shall promote and adopt a range of measures and interventions,
35 in partnership with CSOs that aim to prevent, halt, or control the spread of HIV in the
36 general population, especially among the key populations and vulnerable communities.
37 These measures shall likewise promote the rights, welfare, and participation of PLHIV
38 and the affected children, young people, families, and partners of PLHIV.
39
40 3. The HIV and AIDS education and prevention programs based on up-to-
41 date evidence and scientific strategies, as recommended by the DOH shall be conducted
42 by concerned implementing agencies in an age-appropriate, culture-sensitive and gender-
43 responsive manner. The HIV and AIDS education and prevention programs shall actively
44 promote:
45
17
1 (a) Safer sex practices among the general population, including sexual
2 abstinence, sexual fidelity, and consistent and correct use of condom especially
3 among key populations;
4
5 (b) Other practices that reduce risk of HIV infection;
6
7 (c) Universal awareness of and access to evidence-based and relevant
8 information and education, and medically safe, legally affordable, effective and
9 quality treatment; and
10
11 (d) Knowledge of the health, civil, political, economic and social rights
12 of PLHIV and their families.
13
14 SEC. 17. Education in Learning Institutions –
15
16 1. Using standardized information and data from the PNAC, the DepEd,
17 CHED, and the Technical Education and Skills Development Authority (TESDA) shall
18 integrate basic and age-appropriate, culture-sensitive and gender-responsive instruction
19 on the causes, modes of transmission and ways of preventing the spread of HIV and
20 AIDS and other STIs in their respective curricula taught in public and private learning
21 institutions, alternative and indigenous learning systems, including training institutions
22 catering to Persons with Disability (PWDs). The learning modules shall include human
23 rights-based principles and information on treatment, care and support to promote stigma
24 reduction and prevent discrimination.
25
26 2. The learning modules to be developed to implement this provision shall be
27 done in coordination with the PNAC and stakeholders in the education sector. Referral
28 mechanisms, including but not limited to, the DSWD Referral System, shall be included
29 in the modules for key populations and vulnerable communities.
30
31 3. The DepEd, CHED, and TESDA shall ensure the development and
32 provision of psychosocial support and counseling in learning institutions, for the
33 development of positive health, and promotion of values and behavior pertaining to
34 reproductive health, in coordination with the DOH. For this purpose, funds shall be
35 allocated by the concerned government agencies for the training and certification of
36 teachers and school counselors for the effective implementation of this provision.
37
38 SEC. 18. Education for Parents and Guardians – The DepEd, in coordination with
39 parent-teacher organizations in schools and communities, shall conduct awareness-
40 building seminars in order to provide parents and guardians with a gender-responsive and
41 age-sensitive HIV and AIDS education.
42
43 SEC. 19. Education as a Right to Health and Information – HIV and AIDS
44 education and information dissemination shall form part of the constitutional right to
45 health.
18
1
2 SEC. 20. HIV and AIDS as a Health Service –
3
4 1. HIV and AIDS education and information dissemination shall form part of
5 the delivery of health services by health practitioners, workers and personnel. The
6 knowledge and capabilities of all public health workers shall be enhanced to include skills
7 for proper information dissemination and education on HIV and AIDS.
8
9 2. It shall be the civic duty of health providers in the private sector to provide
10 the public with necessary information to prevent and control the spread of HIV and AIDS
11 and to correct common misconceptions about the disease.
12
13 3. The training of health workers such as doctors, nurses, barangay health
14 workers and other practitioners shall include, but not limited to, ethical issues related to
15 HIV and AIDS, such as confidentiality, informed consent, and the duty to provide
16 treatment.
17
18 SEC. 21. Education in the Workplace –
19
20 1. The PNAC shall develop standardized and key messages on the prevention
21 and control of HIV and AIDS based on current and updated information on the disease.
22
23 2. All public and private employers and employees, including members of the
24 Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), shall
25 be regularly provided with standardized basic information and instruction on HIV and
26 AIDS, including topics on confidentiality in the workplace and reduction or elimination
27 of stigma and discrimination, The DOLE for the private sector, the CSC for the public
28 sector, and the AFP and PNP for the uniformed service shall implement this provision.
29
30 3. The standardized basic information and instruction shall be conducted by
31 the DOLE for the private sector at no cost to the employers and employees.
32
33 SEC. 22. Education for Filipinos Going Abroad –
34
35 1. The State shall ensure that all overseas Filipino workers and diplomatic,
36 military, trade, labor, tourism and other government officials and personnel to be assigned
37 overseas shall attend a seminar on the causes, manner of prevention, and impact of HIV
38 and AIDS before being granted a certification for overseas assignment: Provided, That the
39 seminar shall be conducted at no cost to the overseas Filipino workers or to the officials
40 concerned.
41
42 2. The DOLE, including the Philippine Overseas Employment Agency
43 (POEA) and the Overseas Workers Welfare Administration (OWWA), the Department
44 of Foreign Affairs (DFA), the Commission on Filipino Overseas (CFO), and other
45 relevant government agencies, in collaboration with the DOH, shall require all departing
19
1 personnel prior to deployment or assignment abroad to undergo seminar, orientation, or
2 training on the causes, manner of prevention, and impact of HIV and AIDS.
3
4 SEC. 23. Information for Tourists and Transients –
5
6 1. Educational materials on the causes, modes of transmission, prevention, and
7 consequences of HIV infection and list of HIV and AIDS counseling and testing facilities
8 shall be adequately provided at all international and local ports of entry and exit in the
9 Philippines.
10
11 2. The PIA, together with Department of Tourism (DOT), the Department of
12 Transportation (DOTr), and other relevant government agencies, in coordination with
13 the PNAC and stakeholders in the tourism industry, shall lead the implementation of this
14 section.
15
16
17 SEC. 24. Education in Communities –
18
19 1. The DILG, the Union of Local Authorities of the Philippines (ULAP), the
20 League of Provinces of the Philippines (LPP), the League of Cities of the Philippines
21 (LCP), and the League of Municipalities of the Philippines (LMP), and Liga ng mga
22 Barangay sa Pilipinas through the Local AIDS Councils (LAC) or the local health boards,
23 Local Council for the Protection of Children (LCPC) in coordination with the PNAC,
24 shall implement a locally-based, multi-sectoral community response to HIV and AIDS
25 through various channels on evidence-based, culture-sensitive and gender-responsive,
26 age-appropriate, and human rights-oriented prevention tools to stop the spread of HIV
27 and AIDS. The community response shall also give due focus to Indigenous Peoples (IP)
28 communities, geographically isolated and disadvantaged areas (GIDA), as well as
29 individuals who are not employed and not enrolled in any learning or training institutions.
30
31 Other formal organizations such as Sangguniang Kabataan and Association of
32 Barangay Captains, are enjoined to likewise implement a similar community response to
33 HIV and AIDS.
34
35 Gender and Development (GAD) funds of the implementing agencies and other
36 sources may be utilized for this purpose.
37
38 2. The DILG and the DSWD, in coordination with the National Commission
39 on Indigenous People (NCIP), shall establish a plan for a locally-based multi-sectoral
40 community response to HIV and AIDS in IP communities and GIDA.
41
42 3. The DILG, in coordination with the DSWD and the NYC, shall also
43 conduct age-appropriate HIV and AIDS education for persons who are “Not in
44 Education, Employment, or Training” (NEET) institutions.
45
20
1 4. The Komisyon ng Wikang Pilipino in coordination with DepED, DILG,
2 CHED, and NCIP, and other relevant government agencies, the academe,
3 and local government units (LGUs), shall be in charge of the translation of
4 educational materials to local languages in IP and GIDA communities.
5
6
7 SEC. 25. Education for Key Populations and Vulnerable Communities –
8
9 1. To ensure that HIV services reach key populations at higher risk, the PNAC, in
10 collaboration with the LGUs and CSOs engaged in HIV and AIDS programs and
11 projects, shall support and provide funding for HIV and AIDS education programs, such
12 as peer education, support groups, outreach activities, and community based research that
13 target these populations and other vulnerable communities.
14
15 2. The DOH, in coordination with appropriate agencies and the PNAC, shall
16 craft the guidelines and standardized information messages for peer education, support
17 group, and outreach activities.
18
19 SEC. 26. Information on Prophylactics – The DOH, through the Food and Drug
20 Administration (FDA), shall establish guidelines in printing or attaching appropriate
21 information to every prophylactic offered for sale or given as a donation. Such
22 information shall be legibly printed in English and Filipino, and contain literature on the
23 proper use of the prophylactic device or agent and its efficacy and adverse effects against
24 HIV and STI..
25
26 SEC. 27. Misinformation on HIV and AIDS – Any misinformation on HIV and AIDS
27 shall be strictly prohibited. Misinformation includes false and misleading advertising and
28 claims in any form of media, including traditional media, internet and social platforms,
29 and mobile applications; or the promotional marketing of drugs, devices, agents or
30 procedures, without prior approval from the DOH through the FDA and without the
31 requisite medical and scientific basis, including markings and indications in drugs and
32 devices or agents, claiming to be a cure or a fail-safe prophylactic for HIV infection.
33
34
35 RULE 5
36 PREVENTIVE MEASURES, SAFE PRACTICES AND PROCEDURES
37
38 SEC. 28. HIV Prevention Measures –
39
40 1. The PNAC, in coordination with the DOH, LGUs, and other relevant
41 government agencies, private sector, CSOs, faith-based organizations, and PLHIVs, shall
42 implement preventive measures, including but not limited to the following:
43
44 (a) Creation of rights-based and community-led behavior modification
45 programs that seek to encourage HIV risk reduction behavior among PLHIVs
46 and Key Populations;
21
1 (b) Establishment and enforcement of rights-based mechanisms, which
2 include psychosocial counseling: 1. to promote HIV status disclosure to partners;
3 and 2. to strongly encourage newly tested HIV-positive individuals to conduct
4 partner notification.
5 (c) Establishment of standard precautionary measures in public and
6 private health facilities;
7 (d) Accessibility of ART, prophylactics and age-appropriate
8 management of opportunistic infections;
9 (e) Mobilization of communities of PLHIVs and their families for public
10 awareness campaigns and stigma and discrimination reduction activities; and
11 (f) Establishment of comprehensive human rights and evidence-based
12 policies, programs, and approaches that aim to reduce transmission of HIV and
13 its harmful consequences to members of key affected populations.
14
15 2. The enforcement of this section shall not lead to or result in the
16 discrimination or violation of the rights of PLHIV and of the service provider
17 implementing the program including peer educators and community-based testing
18 providers.
19
20 SEC. 29. Comprehensive Health Intervention for Key Populations –
21
22 1. The DILG and DOH, in partnership with CHR, the key populations, which
23 may be represented by CSOs and youth-led organizations, shall establish a human rights-
24 based and evidence-based HIV prevention policy and program for people who have
25 higher risk of HIV infection and other key populations.
26
27 2. The presence of used or unused prophylactics shall not be used as basis to
28 conduct raids or similar police operations in sites and venues of HIV prevention
29 interventions. The DILG and DOH, in coordination with LGUs shall establish a national
30 policy and develop necessary guidelines.
31
32
33 SEC. 30. Preventing Mother-to-Child HIV Transmission (PMTCT) –
34
35 1. The DOH shall establish a program to prevent mother-to-child HIV
36 transmission that shall be integrated in its maternal and child health services.
37
38 2. The PMTCT program shall include universal voluntary HIV testing,
39 counseling, and referrals to HIV treatment and care.
40
41 3. The PLHIV pregnant women shall have access to prenatal care, correct
42 information on the mode of delivery by the attending physician that will prevent mother-
43 to-child transmission and information on newborn feeding.
44
22
1 SEC. 31. Standard Precaution on the Donation of Blood, Tissue, or Organ – The
2 DOH shall enforce the following guidelines on the donation of blood, tissue, or organ:
3
4 (a) Donation of tissue or organ, whether gratuitous or onerous, shall be
5 accepted by a laboratory or institution only after a sample from the donor has
6 been tested negative for HIV;
7 (b) All donated blood shall be subjected to HIV testing;
8 (c) All donors whose blood, organ or tissue has been tested positive shall
9 be deferred from donation, notified of their HIV status, counselled, and referred
10 for care and clinical management as soon as possible.
11 (d) Donations of blood, tissue, or organ testing positive for HIV may be
12 accepted for research purposes only and shall be subject to strict sanitary disposal
13 requirements; and
14 (e) A second testing may be demanded as a matter of right by the blood,
15 tissue, or organ recipient or his/her immediate relatives before transfusion or
16 transplant, except during emergency cases.
17
18 SEC. 32. Testing of Organ Donation – Lawful consent to HIV testing of a donated
19 human body organ, tissue, or blood shall be considered as having been given when:
20
21 (a) A person volunteers or freely agrees to donate one’s blood, organ, or
22 tissue for transfusion, transplantation, or research; and
23 (b) A legacy or donation is executed in accordance with Sections 3 and 4
24 respectively, of Republic Act No. 7170, otherwise known as the “Organ Donation
25 Act of 1991”.
26
27 SEC. 33. Guidelines on Medical Management, Surgical, and Other Related
28 Procedures –
29
30 1. The DOH, in consultation with concerned professional organizations and
31 hospital associations, shall issue guidelines on medical management of PLHIV and
32 protocol on precautions against HIV transmission during surgical, dental, embalming,
33 body painting or tattooing that require the use of needles or similar procedures.
34
35 2. The necessary protective equipment, such as gloves, goggles, gowns, and
36 post exposure prophylaxis shall be prescribed and required, and made available to all
37 physicians and health care providers, tattoo artists, embalmers, undertakers and high risk
38 personnel similarly exposed personnel at all times.
39
40 3. The DOH shall issue guidelines on the handling and disposal of cadavers,
41 body fluids, or wastes of persons known or believed to be HIV-positive.
42
43
23
1 RULE 6
2 SCREENING, TESTING AND COUNSELLING
3
4 SEC. 34. HIV Testing –
5
6 1. The State shall encourage voluntary HIV testing as a matter of policy.
7 Written consent as evidenced by the signature or a thumbmark as the case may be from
8 the person taking the test must be obtained before HIV testing.
9
10 (a) In keeping with the principle of the evolving capacities of the child
11 as defined in Section 4 (k) of this IRR, if the person is fifteen (15) to below
12 eighteen (18) years of age, consent to voluntary HIV testing shall be obtained
13 from the child without the need for the consent of a parent or guardian.
14 (b) In keeping with the mature minor doctrine as defined in Section 4
15 (ff) of this IRR, any young person age below fifteen (15) years, who is pregnant
16 or engaged in high risk behavior, shall be eligible for HIV testing and counseling
17 with the assistance of licensed social worker or health worker. Consent to
18 voluntary HIV testing shall be obtained from the child without the need for the
19 consent of a parent or guardian.
20 (c) In all other cases not covered by paragraph (b) of this section,
21 consent to voluntary HIV testing shall be obtained from the child’s parents or
22 legal guardian if the person is below fifteen (15) years of age or is mentally
23 incapacitated. In cases when the child’s parents or legal guardian cannot be
24 located despite reasonable efforts, or if the child’s parents or legal guardian refuse
25 to give consent, shall be obtained from the licensed social worker or health
26 worker. To protect the best interest of the child, the assent of the minor shall also
27 be required prior to the HIV testing.
28 2. In every circumstance, proper counseling shall be conducted by a social
29 worker, health care provider, or health care professional accredited by the DOH or the
30 DSWD.
31
32 3. The HIV testing guidelines issued by the DOH shall include guidance for
33 testing minors and for the involvement of parents or guardians in the HIV testing of
34 minors. The guidelines shall be developed in coordination with NYC, DSWD and Council
35 for the Welfare of Children (CWC) within 60 days from the effectivity of this IRR.
36
37 4. The DOH, in coordination with other relevant government agencies, shall
38 continually review and revise, as appropriate, the HIV diagnostic algorithm based on
39 current available laboratory technology and evidence.
40
41 SEC. 35. Compulsory HIV Testing – Compulsory HIV testing shall be allowed only
42 in the following instances:
43
44 (a) When it is necessary to test a person who is charged with any of the
45 offenses punishable under Articles 263, 264, 265
24
1 (b) and 266 on serious and slight physical injuries, or Article (335), 338
2 on simple seduction, both of Act No. 3815, or the “The Revised Penal Code
3 (RPC)”, as amended, or under Art. 266-A of the RPC, as amended by R.A. 8353,
4 otherwise known as “The Anti-Rape Law of 1997”;
5
6 (c) When it is necessary to resolve relevant issues under Executive Order
7 No. 209, otherwise known as “The Family Code of the Philippines”; and
8
9 (d) As a prerequisite in the donation of blood in compliance with the
10 provisions of Republic Act No. 7170, otherwise known as the “Organ Donation
11 Act of 1991”, and Republic Act No. 7719, otherwise known as the “National
12 Blood Services Act of 1994”.
13
14
15 SEC. 36. Mechanisms and Standards on Routine Provider-Initiated and Client-
16 Initiated HIV Counseling and Testing –
17
18 1. The DOH shall establish mechanisms and standards on routine provider-
19 initiated and client-initiated HIV counseling and testing.
20
21 2. To implement this section, the DOH shall:
22
23 (a) Accredit public and private HIV testing facilities based on capacity
24 to deliver testing services including HIV and AIDS counseling: Provided, that only
25 DOH-accredited HIV testing facilities shall be allowed to conduct HIV testing;
26 (b) Develop the guidelines within 60 days from the effectivity of this IRR
27 for HIV counseling and testing, including mobile HIV counseling and testing and
28 routine provider-initiated HIV counseling and testing, that shall ensure, among
29 others, that HIV testing is based on informed consent, is voluntary and
30 confidential, is available at all times, and is provided by qualified persons and
31 DOH-accredited providers;
32 (c) Accredit institutions or organizations that train HIV and AIDS
33 counselors in coordination with the DSWD;
34 (d) Accredit competent HIV and AIDS counselors for persons with
35 Disabilities, including, but not limited to, translators, the hearing-impaired, Braille
36 for the visually-impaired clients, in coordination with the National Council for
37 Disability Affairs (NCDA);
38 (e) Set the standards for HIV counseling, and shall work closely with
39 HIV and AIDS CSOs that train HIV and AIDS counselors and peer educators,
40 in coordination with and participation of NGOs, government organizations
41 (GOs), and Civil Society Organizations of PLHIV (CSO-PLHIV); and
42 (f) Ensure access to routine provider-initiated counseling and testing as
43 part of clinical care in all healthcare settings for the public.
25
1 3. All HIV testing facilities shall provide free pre-test and post-test HIV
2 counseling to individuals who wish to avail HIV testing, which shall likewise be
3 confidential. No HIV testing shall be conducted without informed consent.
4
5 4. The DOH, in coordination with relevant government agencies and CSOs,
6 shall ensure that specific approaches to HIV counseling and testing are adopted based on
7 the nature and extent of HIV and AIDS incidence in the country.
8
9 5. Pre-test counseling and post-test counseling shall be done by the HIV and
10 AIDS counselor, licensed social worker, licensed health service provider, or a DOH-
11 accredited health service provider: Provided, That for the government HIV testing facilities,
12 pre-test and post-test HIV counseling shall be provided for free.
13
14 SEC. 37. HIV Testing for Pregnant Women – A health care provider who offers pre-
15 natal medical care shall offer provider-initiated HIV testing for pregnant women: Provided,
16 that any pregnant woman who refuses to avail of HIV testing shall not be denied pre- or
17 ante-natal services. The DOH shall provide the necessary guidelines for healthcare
18 providers in the conduct of the screening procedure within 60 days from the effectivity
19 of this IRR.
20
21
22 RULE 7
23 HEALTH AND SUPPORT SERVICES
24
25 SEC. 38. Treatment of Persons Living with HIV and AIDS – The DOH shall establish
26 a program to provide free and accessible ART and medication for opportunistic infections
27 to all PLHIV, who are enrolled in the program. It shall likewise designate public and
28 private hospitals to become treatment hubs. A manual of procedures for management of
29 PLHIV shall be developed by the DOH.
30
31 SEC. 39. Access to Medical Services by Indigents – Indigent persons living with HIV
32 shall not be deprived access to health and nutrition services. The DOH and DSWD shall
33 establish a program that will support better access to ART and medication for
34 opportunistic infections to all indigent PLHIV, which includes financial support for
35 necessary health and nutrition services related to the person’s HIV condition.
36
37 SEC. 40. Economic Empowerment and Support – PLHIV shall not be deprived of
38 any employment, livelihood, micro-finance, self-help, and cooperative programs by
39 reason of their HIV status. The DSWD, in coordination with DILG, DOLE, and
40 TESDA, shall develop enabling policies and guidelines within 60 days from the effectivity
41 of this IRR to ensure economic empowerment and independence designed for PLHIV.
42
43 SEC. 41. Care and Support for Persons Living with HIV – The DSWD, in
44 coordination with DOH, shall develop care and support programs for PLHIV, which
45 shall include peer-led counseling and support, social protection, welfare assistance, and
26
1 mechanisms for case management. These programs shall include care and support for the
2 affected children, families, partners, and support groups of PLHIV.
3
4 For PLHIVs below eighteen (18) years old/minors or those with mental incapacity,
5 the CWC shall develop a protocol that will include case management and provision of
6 support system.
7
8 SEC. 42. Care and Support for Overseas Workers Living with HIV – The Overseas
9 Workers Welfare Administration (OWWA), in coordination with DOH, DSWD, DFA,
10 CFO, and the Bureau of Quarantine and International Health Surveillance, shall develop
11 a program to provide a stigma-free comprehensive reintegration, care, and support
12 program, including economic, social, and medical support, for overseas workers living
13 with HIV, regardless of employment status and stage in the migration process.
14
15 SEC. 43. Care and Support for Affected Families, Intimate Partners, Significant
16 Others and Children of People Living with HIV – The DSWD, DOH, and LGUs, in
17 consultation with CSOs and affected families of PLHIV, shall develop care and support
18 programs for affected families, intimate partners, significant others, and children of
19 PLHIV, which shall include the following:
20
21 (a) Education programs that reduce HIV-related stigma, including
22 counseling, to prevent HIV-related discrimination within the family;
23 (b) Educational assistance for children infected with HIV and children
24 orphaned by HIV and AIDS; and
25 (c) HIV treatment and management of opportunistic infections for
26 minors living with HIV, who are not eligible under the Outpatient HIV and AIDS
27 Treatment (OHAT) package of Philippine Health Insurance Corporation
28 (PhilHealth).
29
30 SEC. 44. Care and Support Program in Prisons and Others Closed-Setting
31 Institutions –
32
33 1. All prisons, rehabilitation centers, and other closed-setting institutions shall
34 have comprehensive STI, HIV and AIDS prevention and control program that includes
35 HIV education and information. HIV counseling and testing, and access to HIV treatment
36 and care services. The DOH in coordination with DILG, DOJ, DSWD, and CHR shall
37 develop HIV and AIDS comprehensive programs and policies, which include the HIV
38 counseling and testing procedures in prisons, rehabilitation centers, and other closed-
39 setting institutions.
40
41 2. PLHIV in prisons, rehabilitation centers, and other closed-setting
42 institutions shall be provided HIV treatment, which includes ART, care, and support, in
43 accordance with the national guidelines. Efforts should be undertaken to ensure the
44 continuity of care at all stages, from admission to release. The provision on informed
45 consent and confidentiality shall also apply in closed-setting institutions.
27
1
2 3. In pursuit of the objectives of this IRR and within reasonable conditions,
3 representatives from CHR, DOJ, DOH, and other relevant agencies shall be accorded
4 unimpeded access to PLHIV in prisons, rehabilitation centers, and closed-setting
5 institutions.
6
7 SEC. 45. Non-discriminatory HIV and AIDS Services – The members of the PNAC,
8 in cooperation with CSOs and in collaboration with DOJ and CHR, shall ensure the
9 delivery of non-discriminatory HIV and AIDS services by government and private HIV
10 and AIDS service providers.
11
12 SEC. 46. Protection of HIV Educators, Licensed Social Workers, Health Workers,
13 and Other HIV and AIDS Service Providers from Harassment – Any person
14 involved in the provision of HIV and AIDS services, including peer educators, shall be
15 protected from suit, arrest or prosecution, and from civil, criminal or administrative
16 liability, on the basis of their delivery of such services in HIV prevention. This protection
17 does not cover acts which are committed in violation of this IRR.
18
19 SEC. 47. Health Insurance and Similar Health Services –
20
21 The PhilHealth shall:
22
23 (a) Develop a benefit package for PLHIV that shall include coverage for
24 inpatient and outpatient medical and diagnostic services, including medication
25 and treatment;
26 (b) Develop a benefit package for the unborn, newborn, and minor child
27 of infected mothers;
28 (c) Set a reference price for HIV services in government hospitals;
29 (d) Conduct programs to educate the human resources of companies on
30 the PhilHealth package on HIV and AIDS; and
31 (e) Develop a mechanism for orphans living with HIV to access HIV
32 benefit package.
33 The PHIC shall enforce confidentiality in the provision of these packages to
34 PLHIV.
35 The Insurance Commission (IC) shall:
36
37 (a) Ensure that no person shall be denied life insurance claims if the
38 cause of death is HIV or AIDS under a valid and subsisting life
39 insurance policy.
40
41 (b) Guarantee that no PLHIV shall be denied or deprived of private
42 health insurance under a Health Maintenance Organization (HMO)
43 and private life insurance coverage of any life insurance company
44 on the basis of HIV status.
45
28
1 The Insurance Commission (IC) shall implement this provision and shall develop the
2 necessary policies to ensure compliance within sixty (60) days from the effectivity of this
3 IRR.
4
5
6 SEC. 48. HIV and AIDS Monitoring and Evaluation – The DOH shall maintain
7 a comprehensive HIV and AIDS monitoring and evaluation programs that shall serve the
8 following purposes:
9
10 (a) Determine and monitor the magnitude and progression of HIV and AIDS
11 in the Philippines to help the national government evaluate the adequacy and efficacy of
12 HIV prevention and treatment programs being employed;
13
14 (b) Receive, collate, process, and evaluate all medical reports related to HIV and
15 AIDS from all hospitals, clinics, laboratories and testing centers, including HIV-related
16 deaths and relevant data from public and private hospitals, various databanks or
17 information systems: Provided, That it shall adopt a coding system that ensures anonymity
18 and confidentiality; and
19
20 (c) Submit to PNAC, through the PNAC Secretariat, an annual report
21 containing the findings of its monitoring and evaluation activities in compliance with this
22 mandate.
23
24
25 RULE 8
26 CONFIDENTIALITY
27
28 SEC. 49. Confidentiality – The confidentiality and privacy of any individual, who has
29 been tested for HIV, has been exposed to HIV, has HIV infection or HIV-AIDS related
30 illnesses, or was treated for HIV related illnesses. The following acts violate confidentiality
31 and privacy:
32
33 (a) Disclosure of Confidential HIV and AIDS Information –
34 (1) Unless otherwise provided in Section 50 of this IRR, it shall be
35 unlawful to disclose, without written consent, information that a person has HIV
36 and AIDS, has undergone HIV-related test, has HIV infection or HIV-related
37 illnesses, or has been exposed to HIV.
38 (2) The prohibition shall apply to any person, natural or juridical, whose
39 work or function involves the implementation of this IRR or the delivery of HIV-
40 related services, including those who handle or have access to personal data or
41 information in the workplace, and who, pursuant to the receipt of the required
42 written consent from the subject of confidential HIV and AIDS information, have
43 been subsequently granted access to the same confidential information.
44 (b) Media Disclosure – It shall be unlawful for any editor, publisher, reporter or
45 columnist in case of printed materials, or any announcer or producer in case of television
29
1 and radio broadcasting, or any producer or director of films in case of the movie industry,
2 or any other individual or organization in case of social media, to disclose the name,
3 picture, or any information that would reasonably identify persons living with HIV and
4 AIDS or any confidential HIV and AIDS information without the prior written consent
5 of their subjects except when the persons waive said confidentiality through their own
6 acts and omissions under Section 4 (a) of R. A. No. 10175, otherwise known as the
7 “Cybercrime Prevention Act of 2012”, and Section 25 of R. A. No. 10173, otherwise
8 known as the “Data Privacy Act of 2012”.
9
10 SEC. 50. Exceptions – Confidential HIV and AIDS information may be released by
11 HIV testing facilities without consent in the following instances:
12
13 (a) When complying with reportorial requirements of the national active and
14 passive surveillance system, including reports of death, of the DOH: Provided, that the
15 information related to a person’s identity shall remain confidential;
16 (b) When informing other health workers directly involved in the treatment or
17 care of a PLHIV: Provided, that such workers shall be required to perform the duty of
18 shared medical confidentiality; and
19 (c) When responding to a subpoena duces tecum and subpoena ad testificandum
20 issued by a court with jurisdiction over a legal proceeding where the main issue is the
21 HIV status of an individual: Provided, that the confidential medical record, after having
22 been verified for accuracy by the head of the office or department, shall remain
23 anonymous and unlinked and shall be properly sealed by its lawful custodian, hand-
24 delivered to the court, and personally opened by the judge: Provided, further, That the
25 judicial or administrative proceedings shall be held in executive session.
26
27 SEC. 51. Disclosure of HIV-Related Test Results –
28
29 1. The result of any test related to HIV shall be disclosed by the trained service
30 provider who conducts pre-test and post-test counseling only to the individual who
31 submitted to the test. If the patient is below the age of fifteen (15) years, an orphan, or
32 suffering from mental incapacity, or patients in comatose state, the result of the test may
33 be disclosed to either of the patient’s parents, next of kin, legal guardian, or to a duly
34 assigned licensed social worker or health worker, whichever is applicable considering the
35 best interest of the said patient: Provided, That when a person below the age of fifteen (15)
36 years, who is not suffering from any mental incapacity, has given voluntary and informed
37 consent to the procedure in accordance with Section 34 (1)(b) of this IRR, the result of
38 the test shall be disclosed to the child: Provided, further, That the child should be given age-
39 appropriate counseling and access to necessary health care and sufficient support services.
40
41 The CWC shall include in its protocol to be developed the case management of
42 these children, including the provision of an immediate support system for children or
43 persons below eighteen (18) who are living with HIV. It shall also include in the protocol
30
1 the preventive measures for children identified to be engaged in risky behavior and
2 children who are pregnant and tested non-reactive after HIV test.
3
4 The result of any test related to HIV and AIDS may also be disclosed to a person
5 authorized to receive such results in conjunction with the DOH Monitoring Body as
6 provided in Section 48 of this IRR.
7
8 SEC. 52. Disclosure to Persons with Potential Exposure to HIV –
9
10 1. Any person who, after having been tested is found to be infected with HIV,
11 is strongly encouraged to disclose this health condition to the spouse, sexual partners,
12 and/or any person prior to engaging in penetrative sex or any potential exposure to HIV.
13
14 2. A person living with HIV may seek help from qualified professionals,
15 including medical professionals, health workers, peer educators, or social workers for
16 disclosing this health condition to one’s partner or spouse. Confidentiality shall likewise
17 be observed.
18
19 3. Further, the DOH through the PNAC, shall establish an enabling
20 environment to encourage newly tested HIV-positive individuals to disclose their status
21 to partners.
22
23 SEC. 53. Duty of Employers, Heads of Government Offices, Heads of Public and
24 Private Schools or Training Institutions, and Local Chief Executives
25
26 1. It shall be the duty of private employers, heads of government offices, heads
27 of public and private schools and training institutions and local chief executives, overall
28 private establishments within their territorial jurisdiction to prevent or deter acts of
29 discrimination against PLHIV and to provide procedures for the resolution, settlement,
30 or prosecution of acts of discrimination.
31
32 2. Towards this end, the private employer, head of office, or local chief
33 executive shall:
34
35 (a) Promulgate rules and regulations, prescribing the procedure for the
36 investigation of discrimination cases and the administrative sanctions therefor;
37 and
38
39 (b) Create an ad hoc committee on the investigation of discrimination
40 cases.
41
42 The committee shall conduct meetings to increase the member’s knowledge and
43 understanding of HIV and AIDS, and to prevent incidents of discrimination. It shall also
44 conduct the administrative investigation of alleged cases of discrimination.
45
31
1 RULE 9
2 DISCRIMINATORY ACTS AND PRACTICES AND CORRESPONDING
3 PENALTIES
4
5 SEC. 54. Discriminatory Acts and Practices – The following discriminatory acts and
6 practices shall be prohibited:
7
8 (a) Discrimination in the Workplace – Rejection of job application, termination of
9 employment, or other discriminatory policies in hiring, provision of employment and
10 other related benefits, promotion or assignment of an individual solely or partially on the
11 basis of actual, perceived, or suspected HIV status;
12 (b) Discrimination in Learning Institutions – Refusal of admission, segregation,
13 imposition of harsher disciplinary actions, or denial of benefits or services of a student or
14 a prospective student solely or partially on the basis of on actual, perceived, or suspected
15 HIV status;
16 (c) Restriction on Travel and Habitation – Restrictions on travel within the
17 Philippines, refusal of lawful entry into Philippine territory, deportation from the
18 Philippines, or the quarantine or enforced isolation of travelers solely or partially on
19 account of actual, perceived, or suspected HIV status is discriminatory. The same
20 standard of protection shall be accorded to migrants, visitors, and residents, who are not
21 Filipino citizens;
22 (d) Restrictions on Shelter – Restrictions on housing or lodging, whether
23 permanent or temporary, solely or partially on the basis of actual, perceived, or suspected
24 HIV status;
25 (e) Prohibition from Seeking or Holding Public Office – Prohibition on the right to
26 seek an elective or appointive public office solely or partially on the basis of actual,
27 perceived, or suspected HIV status;
28 (f) Exclusion from Credit and Insurance Services – Exclusion from health, accident
29 or life insurance, or credit and loan services, including the extension of such loan or
30 insurance facilities of an individual solely or partially on the basis of actual, perceived, or
31 suspected HIV status: Provided, That the PLHIV has not concealed or misrepresented the
32 fact to the insurance company or loan or credit service provider upon application;
33 (g) Discrimination in Hospitals and Health Institutions – Denial of health services, or
34 being charged with a higher fee, on the basis of actual, perceived or suspected HIV status
35 is discriminatory act and it is prohibited;
36 (h) Denial of Burial Services – Denial of embalming and burial services for a
37 deceased person who had HIV and AIDS or who was known, suspected, or perceived to
38 be HIV-positive;
39 (i) Act of Bullying – Bullying in all forms including name-calling, upon a person
40 based on actual, perceived, of suspected HIV status, including bullying in social media
41 and other online portals; and
42 (j) Other similar or analogous discriminatory acts.
32
1 SEC. 55. Penalties –
2
3 (a) Any person who commits the prohibited act under Section 27 of this IRR
4 on misinformation on HIV and AIDS shall, upon conviction, suffer the penalty of
5 imprisonment ranging from one (1) year but not more than ten (10) years, a fine of not
6 less than Fifty Thousand pesos (P50,000) but not more than Five Hundred Thousand
7 pesos (P500,000), or both, at the discretion of the Court: Provided, That if the offender is
8 a manufacturer, importer or distributor of any drugs, devices, agents, and other health
9 products, the penalty of at least five (5) years imprisonment but not more than ten (10)
10 years and a fine of at least Five Hundred Thousand pesos (P500,000) but not more than
11 Five Million pesos (P5,000,000) shall be imposed: Provided, further, That drugs, devices,
12 agents, and other health products found in violation of Section 26 of this IRR may be
13 seized and held in custody when the FDA Director-General has reasonable cause to
14 believe facts found by him/her or an authorized officer or employee of the FDA that
15 such health products may cause injury or prejudice to the consuming public;
16 (b) Any person who violates Section 29 (2) of this IRR on police operations
17 vis-á-vis comprehensive health intervention for key populations shall, upon conviction,
18 suffer the penalty of imprisonment of one (1) year to five (5) years and a fine of not less
19 than One Hundred Thousand pesos (P100,000.00) but not more than Five Hundred
20 Thousand pesos (P500,000.00): Provided, That the law enforcement agents found guilty
21 shall be removed from public service;
22 (c) Any person who knowingly or negligently causes another to get infected
23 with HIV in the course of the practice of profession through unsafe and unsanitary
24 practice and procedure, or who compelled any person to undergo HIV testing without
25 his or her consent shall, upon conviction, suffer the penalty of imprisonment of six (6)
26 years to twelve (12) years, without prejudice to the imposition of fines and administrative
27 sanctions, such as suspension or revocation of professional license. The permit or license
28 of the business entity and the accreditation of the HIV testing centers may be cancelled
29 or withdrawn if these establishments fail to maintain safe practices and procedures as may
30 be required by the guidelines formulated in compliance with Section 31, on blood, tissue,
31 or organ donation, and Section 33, on medical management, surgical, and other related
32 procedures of this IRR;
33 (d) Any person who violates Section 46 of this IRR, on the protection of HIV
34 educators, licensed social workers, health workers, and other HIV and AIDS service
35 providers from harassment shall, upon conviction, suffer the penalty of imprisonment of
36 six (6) months to five (5) years and a fine of not less than One Hundred Thousand pesos
37 (P100,000.00) but not more than Five Hundred Thousand pesos (P500,000.00): Provided,
38 That if the person who violates this provision is a law enforcement agent or a public
39 official, administrative sanctions may be imposed in addition to imprisonment and/or
40 fine, at the discretion of the Court;
41 (e) Any person, natural or juridical, who violates the provisions of Section 47
42 of this IRR on health insurance and similar services shall, upon conviction, suffer the
43 penalty of imprisonment of six (6) months to five (5) years and/or a fine of not less than
44 Fifty Thousand pesos (P50,000.00), at the discretion of the Court, and without prejudice
33
1 to the imposition of administrative sanctions such as fines, suspensions or revocation of
2 business permit, business license or accreditation, and professional license;
3 (f) Any person who violates the provisions of Section 49 of this IRR on
4 Confidentiality shall, upon conviction, suffer the following penalties:
5 (1) Six (6) months to two (2) years of imprisonment for any person who
6 breaches confidentiality and/or a fine of not less than Fifty Thousand pesos
7 (P50,000.00), but not more than One Hundred Fifty Thousand pesos
8 (P150,000.00), at the discretion of the Court;
9 (2) Two (2) years and one (1) day to five (5) years of imprisonment for
10 any person who causes the mass dissemination of the HIV status of a person,
11 including spreading the information online or making statements to the media
12 and/or a fine of not less than One Hundred Fifty Thousand pesos (P150,000.00)
13 but not more than Three Hundred Fifty Thousand pesos (P350,000.00), at the
14 discretion of the Court; and
15 (3) Five (5) years and one (1) day to seven (7) years of imprisonment for
16 any health professional, medical instructor, worker, employer, recruitment agency,
17 insurance company, data encoder, and other custodian of any medical record, file,
18 data, or test result who breaches confidentiality, and/or a fine of not less than
19 Three Hundred Fifty Thousand pesos (P350,000.00) but not more than Five
20 Hundred Thousand pesos (P500,000.00), at the discretion of the Court.
21 These penalties are without prejudice to any administrative sanction or civil
22 suit that may be brought against persons who violate confidentiality under this IRR.
23
24 (g) Any person who shall violate any of the provisions in Section 54 of this
25 IRR on discriminatory acts and practices shall, upon conviction, suffer the penalty of
26 imprisonment of six (6) months to five (5) years and/or a fine of not less than Fifty
27 Thousand pesos (P50,000.00) but not more than Five Hundred Thousand pesos
28 (P500,000.00), at the discretion of the Court, and without prejudice to the imposition of
29 administrative sanctions such as fines, suspension or revocation of business permit,
30 business license or accreditation, and professional license; and
31 (h) Any person who has obtained knowledge of confidential HIV and AIDS
32 information and uses such information to malign or cause damage, injury, or loss to
33 another person shall face liability under Articles 19, 20, 21, and 26 of the New Civil Code
34 of the Philippines and relevant provisions of Republic Act No. 10173, otherwise known
35 as the “Data Privacy Act of 2012”.
36 If the offender is a corporation, association, partnership or any other juridical
37 person, the penalty of imprisonment shall be imposed upon the responsible officers and
38 employees, as the case may be, who participated in, or allowed by their gross negligence,
39 the commission of the crime, and the fine shall be imposed jointly and severally on the
40 juridical person and the responsible officers/employees. Furthermore, the Court may
41 suspend or revoke its license or business permit.
42
34
1 If the offender is an alien, he/she shall, in addition to the penalties prescribed
2 herein, be deported without further proceedings after serving penalties herein prescribed.
3
4 If the offender is a public official or employee, he/she shall, in addition to the
5 penalties herein, suffer perpetual or temporary absolute disqualification from office, as
6 the case may be.
7
8 SEC. 56. Penalties Collected – The penalties collected pursuant to this section shall be
9 put into a special fund to be administered by the PNAC and shall be used for initial
10 interventions required to address gaps in the national response on the part of government
11 agencies and its partners from civil society and international organizations in accordance
12 with Section 6 (1) (m) of this IRR.
13
14
15 RULE 10
16 FINAL PROVISIONS
17
18 SEC. 57. Appropriations –
19
20 1. The amount needed for the initial implementation of this IRR shall be
21 charged against the appropriations for the DOH. Thereafter, such sums as may be
22 necessary for the continued implementation of this IRR shall be included in the annual
23 General Appropriations Act (GAA).
24
25 2. The DBM, in coordination with the Department of Finance (DOF), DOH,
26 and other relevant government agencies, shall consider the incidence of HIV and AIDS
27 in accordance with the AMTP.
28
29 3. LGUs shall allocate a separate budget item for HIV and AIDS program in
30 their respective annual appropriations for the LGU action plans mandated and specified
31 in this IRR.
32
33 4. The funding requirement needed to provide for the health insurance package
34 and other services for PLHIV as stated in Section 47 of this IRR shall be charged against
35 the PhilHealth’s corporate funds.
36
37 5. The funding needed to upgrade or construct government-administered HIV
38 testing and treatment centers shall be funded from the revenues of the sin tax under
39 Republic Act No. 8424, otherwise known as the “National Internal Revenue Code”, as
40 amended by Republic Act No. 10351 and shall be prioritized under the Health Facilities
41 Enhancement Program (HFEP) of the DOH.
42
43 6. The funds to be appropriated for the operations of the PNAC shall be a
44 distinct and separate budget item from the regular appropriation for DOH and shall be
45 administered by the Secretary of Health. In no circumstance shall the appropriations,
46 savings, and other resources of the PNAC be realigned to the programs and projects of
35
1 DOH or any other government agency, unless such program or project is related to the
2 implementation of the provisions under this IRR.
3
4 SEC. 58. Transitory Provisions – The personnel designated by the DOH as Secretariat
5 of the PNAC under Section 12 of this IRR shall be absorbed as permanent personnel to
6 fill the positions of the Secretariat as provided in this Act.
7
8 SEC. 59. Amendments – These Implementing Rules and Regulations may be amended,
9 modified or supplemented when necessary for effective implementation and enforcement
10 of RA 11166.
11
12 SEC. 60. Repealing Clause – Republic Act No. 8504, otherwise known as the “Philippine
13 AIDS Prevention and Control Act of 1998”, is hereby repealed.
14
15 All decrees, executive orders, proclamations, and administrative regulations or parts
16 thereof, particularly in Act No. 3815, otherwise knowns as the “Revised Penal Code”, as
17 amended, Republic Act No. 8353, otherwise known as the “Anti-Rape Law of 1997”,
18 Executive Order No. 209, otherwise known as the “Family Code of the Philippines”,
19 Republic Act No. 7719, otherwise known as the “National Blood Services Act of 1994”,
20 and Republic Act No. 7170”, otherwise known as the “Organ Donation Act of 1991”,
21 inconsistent with the provisions of this IRR are hereby repealed, amended or modified
22 accordingly.
23
24 SEC. 61. Separability Clause – If any provision or part of this IRR is declared
25 unconstitutional, the remaining parts or provisions not affected shall remain in full force
26 and effect.
27
28 SEC. 62. Effectivity – This IRR takes effect fifteen (15) days after its complete
29 publication in the national newspaper of general circulation and the U.P. Law Center.
30
31
36

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Francisco T. Duque III, MD, MSc

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