PCP HIV AIDS Toolkit/Summary of RA 8054

RA 8504 - The Philippine AIDS Law
(This is a condensed version of the RA 8504)

Article 1
The Government must promote education and information campaigns.
 * Schools and non-formal education programs must include HIV education.
 * The DOH must conduct public health education campaigns.
 * The government must provide education for Filipinos going abroad.
 * Employers, working with DOLE must develop workplace education and safety.
 * The Department of Tourism must provide education for tourists and transients.
 * LGUs must develop local HIV prevention and education efforts.
 * Accurate information about prophylactics will be provided.
 * It is against the law to give false or intentionally misleading information on HIV/AIDS.

Article 2
The Government will develop and promote safe medical practices
 * All blood, organs, and tissue for donation will be tested. If it tests positive, it will be disposed of safely, and not used.
 * The DOH will provide guidelines on safe surgery and medical procedures.
 * Willfully or negligently dangerous practices will be against the law.

Article 3
The Government will provide appropriate confidential HIV testing.
 * HIV testing can only be done with the consent of the person tested.
 * The DOH will provide anonymous HIV testing.
 * Counseling will be conducted before and after testing.
 * The DOH will make adequate and affordable HIV testing available in all of the Philippines.

Article 4
The Government will ensure adequate health and support services for people with HIV.
 * Hospitals will provide adequate care for persons with HIV.
 * LGUs must provide community-based prevention and care efforts.
 * Livelihood efforts will be made available for people with HIV.
 * The DOH is to do STD prevention and control efforts.
 * The DOH is to make sure that health insurance is available to people with HIV.

Article 5
The Government will monitor HIV/AIDS
 * The Government will establish an AIDSWATCH council.
 * Reporting procedures will be developed to track HIV rates, while respecting client confidentiality.
 * Contract tracing is permitted provided confidentiality is not breached.

Article 6
Confidentiality will be protected on HIV status.
 * All healthcare workers, and anyone handling health records will strictly preserve patient confidentiality on HIV status, and the identity of people with HIV.
 * HIV status can be shared by health officials in three circumstances; officials of the AIDSWATCH council, Health workers who are involved in treatment and need to know for their own safety, and a judge if under subpoena for an official court case.
 * HIV results may be given to the person tested, an official of the AIDSWATCH council, and a parent or guardian.  It cannot be given to anyone else.
 * Legal penalties can be provided for breaching confidentiality.
 * People with HIV must inform spouses and sex partners as soon as reasonably possible.

Article 7
Discrimination against people with HIV is illegal.
 * Employers cannot discriminate in hiring, firing, promotion, or assignment based on actual or suspected HIV status.
 * Schools are not allowed to refuse admission, punish students, or deny participation in activities based on real or perceived HIV status.
 * A person with HIV has the legal right to travel, live, and lodge with the same freedom as any other citizen.  Quarantines and other restrictions are illegal.
 * A person with HIV has every legal right to seek pubic office.
 * Credit services cannot be denied based on HIV status.  Insurance cannot be refused based on HIV status, provided the person does not lie about their HIV status.
 * Hospitals can heath services cannot refuse treatment or discriminate based on HIV status.
 * Decent burials cannot be denied based on HIV status.
 * Legal penalties for discrimination will be enforced.

Article 8
The government will establish a Philippine National AIDS Council
 * This council will be responsible for implementing the act and conducting all national AIDS performances.