The Philippine HIV

and AIDS policy

act and its
implementing
rules and
regulations
R.A. no. 11166
It is a law that:
 1. Strengthens the Philippine Comprehensive Policy on Human
Immunodeficiency Virus (HIV) and Acquired Immune Deficiency
Syndrome (AIDS) Prevention, Treatment, Care, and Support.;
 2. Reconstitutes the Philippine National Aids Council (PNAC);
 3. Repeals R.A. no. 8504.

 Republic Act No. 11166, also known as the Philippine HIV and AIDS Policy
Act, was approved on December 30, 2018.
 An Act Strengthening the Philippine
Comprehensive Policy on Human
Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome
(AIDS) Prevention, Treatment, Care, and
Support, and, Reconstituting the
Philippine National Aids Council (PNAC),
Repealing for the Purpose Republic Act
No. 8504, Otherwise Known as The
"Philippine Aids Prevention and Control
Act of 1998", and Appropriating Funds
 Section 3. Definition of Terms.
 Acquired Immune Deficiency Syndrome (AIDS) refers
to a health condition where these is a deficiency of
immune system that stems from infection with the Human
Immunodeficiency Virus or HIV, making an individual
susceptible to opportunistic infections;
 Human Immunodeficiency Virus (HIV) refers to the
virus, of the type called retrovirus, which infects cells of
the human immune system, and destroys or impairs the
cells' function. Infection with HIV results in the progressive
deterioration of the immune system. Leading to immune
deficiency;
Opportunistic infections refers to
illnesses caused by various organism,
many of which do not cause diseases in
persons with healthy immune system;
HIV Transmission refers to the transfer of
HIV from one infected person to an
uninfected individual, through unprotected
sexual intercourse, blood transfusion,
sharing of contaminated intravenous
needles, or which may occur during
pregnancy, delivery, and breastfeeding;
Safer Sex Practices refers to choices
made and behaviors adopted by a person
to reduce or minimize the risk of HIV
transmission. These may include
postponing sexual debut, non-penetrative
sex, correct and consistent use of male or
female condoms. And reducing the
number of sexual partners;
 Workplace refers to the office, premises, or
work site where workers are habitually
employed and shall include the office or place
where workers, with no fixed or definite work
site, regularly report for assignment in the
course of their employment
 Vulnerable communities are groups
suffering from vulnerabilities such as unequal
opportunities, social exclusion, poverty,
unemployment, and other similar socio­
economic, cultural, and political conditions that
increase the susceptibility to HIV infection and
AIDS
 Key Affected Populations refer to groups or
persons who have a higher risk of HIV
exposure, or affected groups whose behavior
makes them likely to be exposed to HIV or to
transmit the virus
 Prophylactic refers to any agent or device
used to prevent the transmission of infection.
Why should we need to learn and
understand this act(R.A. 11166) ?
 HIV and AIDS are public health concerns that have
wide-ranging social, political and economic
repercussions. Therefore, it is imbued with public
interest and shall be anchored on the principles of
human rights upholding human dignity.
 As it is guaranteed in our Constitution, as the
State shall respect, protect and promote human rights
in response to the country’s HIV and AIDS situation.
Hence, HIV and AIDS education and information
dissemination should be part of the right to
health.
Continuation….

As a medical technologist, we should

guarantee and to protect the safety of
the information given to us when it is in a
confidential state and/or in a non-
compulsory nature of HIV testing and
HIV-related testing. As we should not
discriminate them when we are giving our
services whether in public or private.
Section 4. Philippine National
AIDS Council (PNAC)
 The PNAC shall be an agency attached to the
DOH with a separate budget under the General
Appropriations Act (GAA). It shall have its own
secretariat and staffing pattern that shall be
headed by an executive director.
 Primarily tasked to ensure the
implementation of the country’s response to
the HIV and AIDS situation.
 The following agencies and CSOs shall be
represented in PNAC:
 1 Department of Health (DOH)
 2. Department of Education (DepEd)
 3. Department of Labor and Employment
(DOLE)
4 Department of Social Welfare and
Development (DSWD)
 5. Department of Interior and Local
Government (DILG)
 6. Civil Service Commission (CSC) :
 7. Commission on Higher Education (CHED)
 8. National Youth Commission (NYC)
 9 Philippine Information Agency (PIA)
 10. Department of Budget and Management (DBM).
 11. The Chairperson of the Committee on Health and
Demography of the Senate of the Philippines or his/her
representative
 12. The Chairperson of the Committee on Health of the
House of Representatives or his/her assigned proxy
 13-14. Two representatives from organizations of persons
living with HIV and AIDS
 15. One representative from a private organization with
expertise in standard setting .and service delivery
 16-21. Six representatives from NGOs working for the
welfare or, identified key populations
*Section 5. Functions
 (a) Develop the AIDS Medium Term Plan (AMTP) in
collaboration with relecant government agencies, CSOs,
the PLHIV community, and the other stakeholders;
 (b) Ensure the operationalization and implementation of
the AMTP;
 (c) Strengthen the collaboration between government
agencies and CSOs involved in the implementation of the
national HIV and AIDS response, including the delivery of
HIV and AIDS related services;
Continuation…
 (d) Develop and ensure the implementation of the
guidelines and policies provided in this Act, including
other policies that may be necessary to implement
the AMTP;
 (e) Monitor the progress of the response to the
country's HIV and AIDS situation;
 (f)
Monitor the implementation of the AMTP,
undertake mid-term assessments and evaluate its
impact;
 (g) Mobilize sources of funds for the AMTP;
Cont’d
 (h) Mobilize its members to conduct monitoring
and evaluation of HIV-related programs, policies, and
services within their mandate;
 (i) Coordinate, organize, and work in partnership
with foreign and international organizations regarding
funding, data collection, research, and prevention and
treatment modalities on HIV and AIDS, and ensure
foreign funded programs are aligned to the national
response;
 (j) Advocate for policy reforms to Congress and
other government agencies to strengthen the
country's response to the HIV and AIDS situation;
Cont’d
 (k) Submit an annual report to the Office of the
President, Congress, and the members of the Council;
 (l) Identify gaps in the national response on the
part of government agencies and its partners from
civil society and international organizations, in order
to develop and implement the initial interventions
required in these situations; and
 (m) Recommend policies and programs that will
institutionalize or continue the interventions required
in addressing the gaps identified in the national
response to the HIV and AIDS situation of the country.
Section 6. Memberships and
Composition.
 Except for members from government agencies, the
members of the PNAC shall be appointed by the
President of the Philippines. The heads of government
agencies may be represented by an official whose
rank shall not lower than an Assistant Secretary or its
equivalent.
 The members of the PNAC shall be appointed not
later than thirty (30) days after the date of the
enactment of this Act.
 The PNAC shall meet at least once every quarter. The
presence of the Chairperson or the Vice Chairperson
of the PNAC, and at least ten (10) other PNAC
members and/or permanent representatives shall
constitute a quorum to do business, and a majority
vote of those present shall be sufficient to pass
resolutions or render decisions.
 The Secretary of Health shall be the permanent
Chairperson of the PNAC. However, the Vice
Chairperson shall be elected from the government
agency members, and shall serve for a term of
three (3) years. Members representing CSOs
shall serve for a term of three (3) years renewable
upon recommendation of the Council for a
maximum of two (2) consecutive terms.
*What is the coverage of the
INFORMATION, EDUCATION AND
COMMUNICATION
 PNAC seeks to address the following topics:
 Section 11. Prevention Program
 Section 12. Education in Learning Institutions.
 Section 13. Education for Parents and Guardians
 Section 14. Education as Right to Health and
Information.
 Section 15. HIV and AIDS Information as a Health
Service
 Section 16. Education in the Workplace
Cont’d

 Section 17. Education for Filipinos Going Abroad

 Section 18. Information for Tourists and Transients.
 Section 19. Education in Communities.
 Section 20. Education for Key Populations and
Vulnerable Communities
 Section 21. Information on Prophylactics
 Section 22. Misinformation on HIV and AIDS.
*Section 23. HIV Prevention
Measure.
 a) Creation of rights-based and community-led
behavior modification programs that seek to
encourage HIV risk reduction behavior among PLHIVs;
 (b) Establishment and enforcement of rights-
based mechanisms to strongly encourage newly
tested HIV-positive individuals to conduct partner
notification and to promote HIV status disclosure to
partners;
 (c)
Establishment of standard precautionary
measures in public and private health facilities;
 (d)Accessibility of ART and management of
opportunistic infections;
 (e) Mobilization of communities of PLHIV for public
awareness campaigns and stigma reduction activities;
and
 (f) Establish comprehensive human rights and
evidence-based policies, programs, and approaches
that aim to reduce transmission of HIV and its harmful
consequences to members of key affected populations.
Section 26. Standard Precaution on
the Donation of Blood, Tissue, or
Organ.
 (a) Donation of tissue or organ, whether
gratuitous or onerous, shall be accepted by a
laboratory or institution only after a sample from the
donor has been tested negative for HIV;
 (b) All donated blood shall also be subjected to HIV
testing;
 (c) All donors whose blood, organ or tissue has
been tested positive shall be deferred from
donation, notified of their HIV status, counselled, and
referred for care and clinical management as soon as
possible;
 (d) Donations of blood, tissue, or organ testing
positive for HIV may be accepted for research
purposes only, and shall be subject to strict sanitary
disposal requirements; and
 (e) A second testing may be demanded as a
matter of right by the blood, tissue, or organ recipient
or his/her immediate relatives before transfusion or
transplant, except during emergency cases.
donation
Donation is an act of liberality
whereby a person disposes
gratuitously of a thing or right in
favor of another, who accepts it.
 General rule: all donated blood shall be
subjected to HIV testing.

 Note: Laboratory or Institutions will not going

to accept the donated tissue or organ when
the donor tested positive for HIV.
 EXCEPTION:
 all donors who are positive for HIV shall be
deferred for donation. HOWEVER, blood,
tissues, organs of donors maybe accepted for
research purposes.
NOTE: Once a blood unit has been tested
or screened on the blood centers, it shall
not be tested.
HOWEVER, it can be retested when the
recipient or his/her immediate relatives
demand for a second test as a matter of
right.(mentioned in r.a. 7719)
What happens to the Blood
donated voluntarily by a
stranger/donor?
Under R.A. 7719, once the blood unit has
been tested or screened in a blood
center, it shall not be retested. However,
the present HIV/AIDS law provides the
exception of this prohibition that a second
test may be demanded as a matter of
right by the recipient or his/her
immediate relatives before transfusion or
transplantation.
What is HIV testing?
 HIV testing refers to any facility-based, mobile medical procedure; or
community ­based-screening modalities that are conducted to determine
the presence or absence of HIV in a person's body. HIV testing is
confidential, voluntary in nature, and must be accompanied by counseling
prior to and after the test, and carried out only with the informed consent
of the person.
 HIV testing maybe voluntary or compulsory. Voluntary HIV testing refers
to testing done on an individual who, after having undergone pre-test
counseling, willingly submits to such test. Compulsory HIV testing
occurs when the test is imposed upon an individual without consent, and
utilizes force or intimidation, as well as requiring the test a prerequisite for
employment or other purposes, and other circumstances when an informed
choice is absent
Section 27. Testing of Organ
Donation.
 Lawful consent to HIV testing of a donated human
body, organ, tissue, or blood shall be considered as
having been given when:
 (a) A person volunteers or freely agrees to donate one's
blood, organ, or tissue for transfusion, transplantation, or
research; and
 (b) A legacy and a donation are executed in accordance
with Sections 3 and 4 respectively, of Republic Act No. 7170,
otherwise known as the "Organ Donation Act of 1991".
 ** these are the instances where the consent of the donor is
deemed given.
The HIV/AIDS law provides for two
types of consent or waiver.
1. express consent (express waiver)-
which is a written consent from the
person taking the test and which must
be obtained first before HIV testing.
Section 29
2.implied consent (implied waiver)-
which is the consent that is indirectly
given by reason of operation of law.
Section 27
Section 29. HIV Testing.
 As a policy, the State shall encourage voluntary HIV testing.
Written consent from the person taking the test must be
obtained before HIV testing.
 HIV testing shall be made available under the following
circumstances:
 In keeping with the principle of the evolving capacities of
the child as defined in Section 3(i) of this Act, if the person is
fifteen (15) to below eighteen (18) years of age, consent
to voluntary HIV testing shall be obtained from the child
without the need of consent from a parent or guardian;
 In keeping with the principle of the evolving
capacities of the child as defined in Section
3(i) of this Act, if the person is fifteen (15) to
below eighteen (18) years of age, consent
to voluntary HIV testing shall be obtained from
the child without the need of consent from a
parent or guardian;
 Below 18 – 15 years of age:
 Consent: without – parents or guardian/s
 (b) In keeping with the mature minor doctrine as
defined in Section 3(bb) of this Act, Any young person
aged below fifteen (15) who is pregnant or
engaged in high-risk behavior shall be eligible for HIV
testing and counseling, with the assistance of a licensed
social worker or health worker. Consent to voluntary HIV
testing shall be obtained from the child without the need
of consent from a parent or guardian; and
 Below 15 years of age (pregnant or high risk
behaviour)
 Withassistance of licensed social worker or health
worker
 Consent:
 without – parents or guardian/s
 (c) In all other cases not covered by (b) of this section,
consent to voluntary HIV testing shall be obtained from the
child's parent or legal guardian if the person is below fifteen
(15) years of age or is mentally incapacitated. In cases when
the child's parents or legal guardian cannot be located despite
reasonable efforts, or if the child's parent or legal guardian
refused to give consent of the minor shall also be required
prior to the testing.
 Below 15 years of age or mentally incapacitated
 Consent:
 with – parents or guardian/s
 Note: parents or guardian/s cannot be found OR they refused
to give consent of the minor(still required that the consent be
given by the parents/guardians therefore, without it, they
cannot test the until the child matures.
Section 30. Compulsory HIV
Testing
 Compulsory HIV testing shall be allowed only in the
following instances:
 (a).When it is necessary to test a person who is
charges with any of the offenses punishable
under Articles 264 and 266 on serious and
slight physical injuries, and Article 335 and 338
on rape and simple seduction, both of Act No.
3815 or the "The Revised Penal Code", as amended,
and as also amended by Republic Act. No. 8553,
otherwise known as "The Anti-Rape Law of 1997";
 (b) When it is necessary to resolve relevant
issues under Executive Order No. 209, otherwise
known as "The Family Code of the Philippines";
and
 (c) As a prerequisite in the donation of blood in
compliance with the provisions of Republic Act No.
7170, otherwise known as the "Organ Donation Act of
1991", and Republic Act No. 7719, otherwise known
as the "National Blood Services Act of 1994".
Rule regarding compulsory
testing
 The non-compulsory nature of HIV testing and
HIV-related testing shall always be guaranteed
and protected by the government. This being
the case, any person who compels someone to
undergo HIV testing without his/her consent is
considered a criminal act.
 As a general rule, compulsory HIV testing is
prohibited. This prohibition is not absolute.
 Exception to the rule: section 30
Section 31. Mechanisms and
Standards on Routine
Provider
All HIV testing facilities shall provide free pre-test
and post-test HIV counseling to individuals who
wish to avail of HIV testing, which shall likewise be
confidential.
No HIV testing shall be conducted without informed
consent. The State shall ensure that specific
approaches to HIV counseling and testing are adopted
based on the nature and extent of HIV and AIDS
incidence in the country.
Pre-test counseling and post-test
counseling shall be done by the
HIV and AIDS counselor,
licensed social worker,
licensed health service
provider for free.
HIV counseling
 HIV counseling refers to the interpersonal and
dynamic communication process between a client
and a trained counselor.
 The counselor bound by a code of ethics and practice
to resolve personal, social, or psychological
problems and difficulties, and whose objective in
counseling, in the context of an HIV diagnosis, is to
encourage the client address his/het anxiety and
stress, and plan for the future (keeping healthy).
 If the HIV test is negative, the counselor should
encourage the client to explore motivations, options,
and skills to stay HIV-negative.
Two phases of HIV
counseling
Pre-test Counseling refers to the process of providing
an individual with information on the biomedical
aspects of HIV AIDS, and emotional support to any
psychological implications of under going HIV testing
and the test result itself before the individual is
subjected to the test;

Post-test Counseling refers to the process of

providing risk-reduction information and emotional
support to a person who submitted to HIV testing at the
time the result is released;
Section 44. Confidentiality
 The confidentiality and privacy of any
individual who has been tested for HIV, has
been exposed to HIV, has HIV infection or HIV-
and AIDS-related illnesses, or was treated for
HIV-related illnesses shall be guaranteed. The
following acts violate confidentiality and
privacy:
 (a) Disclosure of Confidential HIV and AIDS
Information.
 (b) Media Disclosure
Section 45. Exceptions.
 Confidential
HIV and AIDS information may be
released by HIV testing facilities without
consent in the following instances:
 (a) When complying with reportorial
requirements of the national active passive
surveillance system of the DOH: Provided, That the
information related to a person's identity shall remain
confidential;
 (b) When informing other health workers directly
involved in the treatment or care of a
PLHIV: Provided, That such worker shall be required
to perform the duty of shared medical confidentiality;
 (c) When responding to a subpoena duces
tecum and subpoena ad testificandum issued by
a court with jurisdiction over a legal proceeding
where the main issue is the HIV status of an
individual: Provided, That the confidential medical
record, after having been verified for accuracy by the
head of the office or department, shall remain
anonymous and unlinked and shall be properly sealed
by its lawful custodian, hand delivered to the court,
and personally opened by the judge: Provided,
further, That the judicial proceedings be held in
executive session
Section 46. Disclosure of
HIV-Related Test Results
 The result of any test related to HIV shall be
disclosed by the trained service provider who
conducts pre-test and post-test counseling only to the
individual who submitted to the test.
 If the patient is below fifteen (15) years old, an
orphan, or is mentally incapacitated, the result
may de disclose to either of the patient's parents,
legal guardian, or a duly assigned licensed social
worker or health worker, whichever is applicable"
 Provided, That when a person below fifteen
(15) years of age and not suffering from
any mental incapacity, has given
voluntary and informed consent to the
procedure in accordance with Section
29(b) of this Act, the result of the test shall
be disclose to child: Provided, further, That the
child should be given age-appropriate
counseling and access to necessary health
care and sufficient support services.
Section 47. Disclosure to
Persons with Potential
Exposure

to HIV
Any person who, after having been tested, is found to be infected with HIV
is strongly encouraged to disclose this health condition to the spouse,
sexual partners, and/or any person prior to engaging in
penetrative sex or any potential exposure to HIV.
 A person living with HIV may seek help from qualified professionals
including medical professionals health workers, peer educators, or social
workers to support him in disclosing this health condition to one's partner
or spouse.
 Confidentiality shall likewise be observed. Further the DOH, through the
PNAC, shall establish an enabling environment to encourage newly tested
HIV positive individuals to disclose their status to partners.
END