Medical Technology Laws and Bioethics

BS in Medical Technology | Emilio Aguinaldo College-Cavite

LESSON 2: REPUBLIC ACT NO. 8504 PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998
RA 8504 SECTION 7. HIV/AIDS EDUCATION FOR FILIPINOS GOING ABROAD

• February 13, 1998
• An act promulgating policies and prescribing measure for the
prevention and control of HIV/AIDS in the Philippines,
instituting a nationwide HIV/AIDS information and educational
program, establishing a comprehensive HIV/AIDS monitoring
system, strengthening the Philippine national AIDS council
and for other purposes
ARTICLE I: EDUCATION
All OFW and diplomatic, military, trade and labor officials and personnel
to be assigned abroad shall undergo / attend seminar on the cause,
prevention, and consequences of HIV/AIDs
SECTION 8. INFORMATION CAMPAIGN FOR TOURISTS AND
TRANSIENTS
DOT, DFA, DOJ, Bureau of Immigration and DOH shall oversee the
implementation of the act

SECTION 1. TITLE SECTION 9. HIV/AIDS EDUCATION IN COMMUNITIES

Philippine Aids Prevention and Control Act of 1998 Local gov’t units with DOH shall conduct an educational and information
campaign on HIV/AIDS
SECTION 2. DECLERATION OF POLICIES
SECTION 10. INFORMATION ON PROPHYLACTICS
SECTION 3. DEFINITION OF TERMS
Printed in English and Filipino and contain literature on the proper use
• Acquired Immune Deficiency Syndrome (AIDS) of prophylactic device or agent, its efficacy against HIV and STDs
• Anonymous testing
SECTION 11. PENALTIES FOR MISLEADING INFORMATION
• Compulsory HIV testing
• Contact tracing Imprisonment for 2 months to 2 years
• Human immunodeficiency virus (HIV)
• HIV/AIDS monitoring ARTICLE II: SAFE PRACTICE AND PROCEDURES
• HIV/AIDS prevention and control
• HIV-positive SECTION 12. REQUIREMENT ON THE DONATION OF BLOOD,
• HIV-negative TISSUE ORGAN
• HIV testing All donated blood, tissue or organ shall be subjected to HIV testing and
• HIV transmission HIV (+) shall be disposed of properly and immediately
• High-risk behavior
• Informed consent SECTION 13. GUIDELINES ON SURGICAL AND SIMILAR
• Medical confidentiality PROCEDURES
• Person w/ HIV
• Pre-test counselling The DOH w/ professional organization and hospital association shall
• Post-test counselling issue guidelines on precautions against HIV transmission during
surgical, dental, embalming, tattooing or similar procedures, handling
• Prophylactic
and disposition of cadavers, body fluids or wastes of HIV (+) individuals
• Sexually transmitted disease
• Voluntary HIV testing SECTION 14. PENALTIES FOR UNSAFE PRACTICES AND
• Window period PROCEDURES
SECTION 4. HIV/AIDS EDUCATION IN SCHOOLS 6 – 12 years imprisonment

• DepEd, CHED, TESDA and DOH
• Integrate instruction on the cause, MOT and ways of
preventing HIV/AIDS and other STD in subjects taught in
public and private schools at intermediate grades,
secondary and tertiary levels, including non-formal and
indigenous learning system.
SECTION 5. HIV/AIDS EDUCATION AS A HEALTH SERVICE
HIV/AIDS education and information dissemination shall form part of the
delivery of health services by health practitioners, workers and
personnel
SECTION 6. HIV/AIDS EDUCATION IN THE WORKPLACE
All government and private employees, workers, managers and
supervisors, including AFP and PNP shall be provided with the
standardized basic information and instruction on HIV/AIDS
ARTICLE III: TESTING, SCREENING AND COUNSELLING
SECTION 15. CONSENT AS A REQUISITE FOR HIV TESTING
• Person volunteers or freely agrees to donate his/her
blood, organ or tissue for transplantation, transfusion, or
research
• A person has executed a legacy in accordance w/
section 3 of RA 7170 or Organ Donation act of 1991
• A donation is executed in accordance w/ section 4 of RA
7170
SECTION 16. PROHIBITIONS ON COMPULSORY HIV TESTING
• Compulsory HIV testing is considered unlawful if it is
preconditioned to:
• Employment
• Admission to educational institutions
• The exercise of freedom of abode
• Entry or continued stay in the country

TAN, JAZYL ENGELBERG M (2023) | MMLS 2-3 MIDTERMS

 Medical Technology Laws and Bioethics
BS in Medical Technology | Emilio Aguinaldo College-Cavite
LESSON 2: REPUBLIC ACT NO. 8504 PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998
• Right to travel
• Provision of medical services or any kind of service
SECTION 17. EXEMPTION TO THE PROHIBITIONS
COMPULSORY HIV TESTING
• When a person is charged w/ any of the crimes punishable
under Articles 264 and 266 (RA 8353), 335 and 338 (RA 3815)
or Revised Penal Code, or RA 7659
• When the determination of the HIV status is necessary to
resolve the relevant issue under EO 309 or Family Code of
the Philippines
• When complying w/ the provisions of RA 7170 or RA 7719
SECTION 18. ANONYMOUS HIV TESTING
SECTION 19. ACCREDITATION OF HIV TESTING
All testing centers, hospitals, clinics, and laboratories offering HIV
testing services are mandated to seek accreditation from the DOH
SECTION 20. PRE-TEST AND POST-TEST COUNSELLING
Required to provide and conduct free pre-test and post-test counselling
for persons who avail HIV/AIDS testing.
SECTION 21. SUPPORT FOR HIV TESTING CENTERS
DOH shall build and enhance capabilities of HIV testing facilities by
ensuring the training of competent personnel
ARTICLE IV: HEALTH AND SUPPORT SERVICES
SECTION 22. HOSPITAL-BASED SERVICES
Person’s w/ HIV shall be afforded basic health services in all gov’t
hospitals
SECTION 23. COMMUNITY-BASED SERVICES
SECTION 24. LIVELIHOOD PROGRAMS AND TRAININGS
SECTION 25. CONTROL OF STD
SECTION 26. INSURANCE FOR PERSONS WITH HIV
ARTICLE V: HEALTH AND SUPPORT SERVICES
SECTION 27. MONITORING PROGRAM
“AIDSWATCH” under DOH – determine and monitor the magnitude and
progression of HIV infection in the Phils
SECTION 28. REPORTING PROCEDURES
All hospitals, clinics, laboratories and testing centers shall adopt
measures in assuring the reporting and confidentiality of any medical
record, personal data, file
SECTION 29. CONTACT TRACING
Pursue by the DOH
ARTICLE VI: CONFIDENTIALITY
SECTION 30. MEDICAL CONFIDENTIALITY
All health professionals, medical instructors, workers, employers,
recruitment agencies, insurance companies, data encoders and other
TAN, JAZYL ENGELBERG M (2023) | MMLS 2-3
custodians of any medical record, file, data or test results are directed
strictly observe confidentiality in the handling of all medical information,
particularly the identity and status of persons w/ HIV
ON
SECTION 31. EXCEPTIONS TO THE MANDATE OF
CONFIDENTIALITY
• When complying w/ reportorial requirements in conjunction w/
the AIDSWATCH programs
• When informing other health workers directly involved in the
treatment or care of a person w HIV/AIDS
• When responding to a subpoena duces tecum an subpoena
ad testificandum issued by court
SECTION 32. RELEASE OF HIV/AIDS TEST RESULTS
• The person who submitted himself/herself to such test
• Either parent of minor child who has been tested
• A legal guardian in the case of insane persons orphans
• A person authorized to receive such results (AIDSWATCH)
• A justice of the Court of Appeals or the SC
SECTION 33. PENALTIES FOR VIOLATIONS OF CONFIDENTIALITY
• Imprisonment for 6 months to four years
• Administrative sanctions such as fine and suspension or
revocation of professional license
• Cancellation or withdrawal of the license to operate
SECTION 34. DISCLOSURE TO SEXUAL PARTNERS
Any person w/ HIV is obliged to disclose his/her HIV status and health
condition to his/her spouse or sexual partner at the earliest opportune
time
ARTICLE VII: DISCRIMINATORY ACS AND POLICIES
SECTION 35. DISCRIMINATION IN THE WORKPLACE
SECTION 36. DISCRIMINATION IN SCHOOLS
SECTION 37. RESTRICTIONS ON TRAVEL AND HABITATION
SECTION 38. INHIBITION FROM PUBLIC SERVICE
SECTION 39. EXCLUSION FROM CREDIT AND INSURANCE
SERVICES
SECTION 40. DISCRIMINATION IN HOSPITALS AND HEALTH
INSTITUTIONS
SECTION 41. DENIAL OF BURIAL SERVICES
SECTION 42. PENALTIES FOR DISCRIMINATORY ACTS AND
POLICIES
• Imprisonment for 6 months – 4 years and a fine of less than
P10,000
• Revocation of licenses or permits
ARTICLE VIII: THE PHILIPPINE NATIONAL AIDS COUNCIL
SECTION 43. DENIAL OF BURIAL SERVICES
The Philippine National AIDS Council (PNAC) created by virtue of EO
39 date Dec. 3, 1992 shall be reconstituted and strengthened to enable
MIDTERMS
 Medical Technology Laws and Bioethics
BS in Medical Technology | Emilio Aguinaldo College-Cavite
LESSON 2: REPUBLIC ACT NO. 8504 PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998
the Council to oversee an integrated and comprehensive approach to SECTION 48. APPROPRIATIONS
HIV/AIDS prevention and control in the Philippines
The amount of 20,000,000 pesos shall be initially appropriated out of the
SECTION 44. FUNCTIONS funds of the National Treasury

a) Secure from government agencies concerned ARTICLE IX: MISCELLANEOUS PROVISIONS

recommendations on how their respective agencies could
operationalize specific provisions of this Act SECTION 49. IMPLEMENTING RULES AND REGULATIONS
b) Monitor the implementation of the rules and regulation of the
Act, issue or cause the issuance of orders or make SECTION 50. SEPARABILITY CLAUSE
recommendations to the implementing agencies as the
SECTION 51. REPEALING CLAUSE
Council considers appropriate
c) Develop a comprehensive long-term national HIV/AIDS SECTION 52. EFFECTIVITY
prevention and control program and monitor its
implementation
d) Coordinate the activities of and strengthen working
relationships between government and non-government
agencies involved in the campaign against HIV/AIDS
e) Coordinate and cooperate with foreign and international
organizations regarding data collection, research and
treatment modalities concerning HIV/AIDS
f) Evaluate the adequacy of and make recommendations
regarding the utilization of national resources for the
prevention and control of HIV/AIDS in the Philippines

SECTION 45. MEMBERS AND COMPOSITION

• Secretary of DOH
• Secretary of DepEd
• Chairperson of CHED
• Director-General of TESDA
• Secretary of DOLE
• Secretary of DSWD
• Secretary of DILG
• Secretary of DOJ
• Director-General of NEDA
• Secretary of DOT
• Secretary of DBM
• Secretary of DFA
• Head of Philippine Information Agency
• President of League of Governors
• President of League of City Mayors
• Chairperson of the Committee on Health of the Senate
of the Philippines
• Chairperson of the Committee on Health of the House of
Representative
• 2 representatives from organizations of medical/health
professionals
• 6 representatives from non-government organizations
involved in HIV/AIDS prevention and control effort and
activities

SECTION 46. REPORTS

The council shall submit to the President and to both Houses of

Congress comprehensive annual reports on the activities and
accomplishments of the Council

SECTION 47. CREATION OF SPECIAL HIV/AIDS PREVENTION AND

CONTROL SERVICE

Staffed by qualified medical specialist and support staff w/ permanent

appointment and supported w/ an adequate yearly budget

TAN, JAZYL ENGELBERG M (2023) | MMLS 2-3 MIDTERMS