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.