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This page features the full text of
Republic Act No. 8504
"Philippine AIDS Prevention and Control
Act of 1998"
REPUBLIC
ACT NO. 8504
AN
ACT
PROMULGATING POLICIES
AND PRESCRIBING MEASURES 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.
Section 1. Title.
— This Act shall be known as the "Philippine AIDS Prevention and
Control
Act of 1998."
Sec. 2. Declaration
of policies. — Acquired Immune Deficiency Syndrome (AIDS) is a
disease
that recognizes no territorial, social, political and economic
boundaries
for which there is no known cure. The gravity of the AIDS threat
demands
strong State action today, thus:
(a) The
State shall
promote
public awareness about the causes, modes of transmission, consequences,
means of prevention and control of HIV/AIDS through a comprehensive
nationwide
educational and information campaign organized and conducted by the
State.
Such campaigns shall promote value formation and employ scientifically
proven approaches, focus on the family as a basic social unit, and be
carried
out in all schools and training centers, workplaces, and communities.
This
program shall involve affected individuals and groups, including people
living with HIV/AIDS.
(b) The
State shall
extend
to every person suspected or known to be infected with HIV/AIDS full
protection
of his/her human rights and civil liberties. Towards this end:
(1)
compulsory HIV
testing
shall be considered unlawful unless otherwise provided in this Act;
(2) the
right to
privacy
of individuals with HIV shall be guaranteed;
(3)
discrimination,
in all
its forms and subtleties, against individuals with HIV or persons
perceived
or suspected of having HIV shall be considered inimical to individual
and
national interest; and
(4)
provision of
basic health
and social services for individuals with HIV shall be assured.
(c) The
State shall
promote
utmost safety and universal precautions in practices and procedures
that
carry the risk of HIV transmission.
(d) The
State shall
positively
address and seek to eradicate conditions that aggravate the spread of
HIV
infection, including but not limited to, poverty, gender inequality,
prostitution,
marginalization, drug abuse and ignorance.
(e) The
State shall
recognize
the potential role of affected individuals in propagating vital
information
and educational messages about HIV/AIDS and shall utilize their
experience
to warn the public about the disease.
Sec. 3. Definition of
terms. — As used in this Act, the following terms are defined as
follows:cralaw:red
(a)
"Acquired Immune
Deficiency Syndrome (AIDS)" — a condition characterized by a
combination
of signs and symptoms, caused by HIV contracted from another person and
which attacks and weakens the body's immune system, making the
afflicted
individual susceptible to other life-threatening infections.
(b) "Anonymous
Testing"
— refers to an HIV testing procedure whereby the individual being
tested
does not reveal his/her true identity. An identifying number or symbol
is used to substitute for the name and allows the laboratory conducting
the test and the person on whom the test is conducted to match the test
results with the identifying number or symbol.
(c) "Compulsory
HIV Testing"
— refers to HIV testing imposed upon a person attended or characterized
by the lack of or vitiated consent, use of physical force, intimidation
or any form of compulsion.
(d) "Contact
tracing"
— refers to the method of finding and counselling the sexual partner(s)
of a person who has been diagnosed as having sexually transmitted
disease.
(e) "Human
Immunodeficiency
Virus (HIV)" — refers to the virus which causes AIDS.
(f) "HIV/AIDS
Monitoring"
— refers to the documentation and analysis of the number of HIV/AIDS
infections
and the pattern of its spread.
(g)
"HIV/AIDS
Prevention
and Control" — refers to measures aimed at protecting non-infected
from contracting HIV and minimizing the impact of the condition of
persons
living with HIV.
(h) "HIV-positive"
—
refers to the presence of HIV infection as documented by the presence
of
HIV or HIV antibodies in the sample being tested.
(i) "HIV-negative"
— denotes the absence of HIV or HIV antibodies upon HIV testing.
(j) "HIV
Testing" —
refers to any laboratory procedure done on an individual to determine
the
presence or absence of HIV infection.
(k) "HIV
Transmission"
— refers to the transfer of HIV from one infected person to an
uninfected
individual, most commonly through sexual intercourse, blood
transfusion,
sharing of intravenous needles and during pregnancy.
(l) "High-Risk
Behavior" —
refers to a person's frequent involvement in certain activities which
increase
the risk of transmitting or acquiring HIV.
(m)
"Informed
Consent" —
refers to the voluntary agreement of a person to undergo or be
subjected
to a procedure based on full information, whether such permission is
written,
conveyed verbally, or expressed indirectly.
(n)
"Medical
Confidentiality" —
refers to the relationship of trust and confidence created or existing
between a patient or a person with HIV and his attending physician,
consulting
medical specialist, nurse, medical technologist and all other health
workers
or personnel involved in any counselling, testing or professional care
of the former; it also applies to any person who, in any official
capacity,
has acquired or may have acquired such confidential information.
(o) "Person
with
HIV"
— refers to an individual whose HIV test indicates, directly or
indirectly,
that he/she is infected with HIV.
(p) "Pre-Test
Counselling"
— refers to the process of providing an individual information on the
biomedical
aspects of HIV/AIDS and emotional support to any psychological
implications
of undergoing HIV testing and the test result itself before he/she is
subjected
to the test.
(q) "Post-Test
Counselling" —
refers to the process of providing risk-reduction information and
emotional
support to a person who submitted to HIV testing at the time that the
test
result is released.
(r) "Prophylactic"
— refers to any agent or device used to prevent the transmission of a
disease.
(s) "Sexually
Transmitted
Diseases" — refers to any disease that may be acquired or passed on
through
sexual contact.
(t)
"Voluntary HIV
Testing"
— refers to HIV testing done on an individual who, after having
undergone
pre-test counselling, willingly submits himself/herself to such test.
(u) "Window
Period"
— refers to the period of time, usually lasting from two weeks to six
(6)
months during which an infected individual will test "negative" upon
HIV
testing but can actually transmit the infection.
ARTICLE I
EDUCATION AND
INFORMATION
Sec. 4. HIV/AIDS education
in schools. — The Department of Education, Culture and Sports
(DECS),
the Commission on Higher Education (CHED), and the Technical Education
and skills Development Authority (TESDA), utilizing official
information
provided by the Department of Health, shall integrate instruction on
the
causes, modes of transmission and ways of preventing HIV/AIDS and other
sexually transmitted diseases in subjects taught in public and private
schools at intermediate grades, secondary and tertiary levels,
including
non-formal and indigenous learning systems: Provided, That if
the
integration of HIV/AIDS education is not appropriate or feasible, the
DECS
and TESDA shall design special modules on HIV/AIDS prevention and
control:
Provided, further, That it shall not be used as an excuse to
propagate
birth control or the sale or distribution of birth control devices: Provided,
finally, That it does not utilize sexually explicit materials.
Flexibility in the formulation
and adoption of appropriate course content, scope, and methodology in
each
educational level or group shall be allowed after consultations with
Parent-Teachers-Community
Associations, Private School Associations, school officials, and other
interest groups. As such, no instruction shall be offered to minors
without
adequate prior consultation with parents who must agree to the thrust
and
content of the instruction materials.
All teachers and instructors
of said HIV/AIDS courses shall be required to undergo a seminar or
training
on HIV/AIDS prevention and control to be supervised by DECS, CHED and
TESDA,
in coordination with the Department of Health (DOH), before they are
allowed
to teach on the subject.
Sec. 5. HIV/AIDS
information
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. The knowledge and capabilities of all public
health
workers shall be enhanced to include skills for proper information
dissemination
and education on HIV/AIDS. It shall likewise be considered a civic duty
of health providers in the private sector to make available to the
public
such information necessary to control the spread of HIV/AIDS and to
correct
common misconceptions about this disease. The training or health
workers
shall include discussions on HIV-related ethical issues such as
confidentiality,
informed consent and the duty to provide treatment.
Sec. 6. HIV/AIDS education
in the workplace. — All government and private employees, workers,
managers, and supervisors, including members of the Armed Forces of the
Philippines (AFP) and the Philippine National Police (PNP), shall be
provided
with the standardized basic information and instruction on HIV/AIDS
which
shall include topics on confidentiality in the workplace and attitude
towards
infected employees and workers. In collaboration with the Department of
Health (DOH), the Secretary of the Department of Labor and Employment
(DOLE)
shall oversee the anti-HIV/AIDS campaign in all private companies while
the Armed Forces Chief of Staff and the Director General of the PNP
shall
oversee the implementation of this Sec..
Sec. 7. HIV/AIDS education
for Filipinos going abroad. — The State shall ensure that all
overseas
Filipino workers and diplomatic, military, trade, and labor officials
and
personnel to be assigned overseas shall undergo or attend a seminar on
the cause, prevention and consequences of HIV/AIDS before certification
for overseas assignment. The Department of Labor and Employment or the
Department of Foreign Affairs, the Department of Tourism and the
Department
of Justice through the Bureau of Immigration, as the case may be, in
collaboration
with the Department of Health (DOH), shall oversee the implementation
of
this Sec..
Sec. 8. Information
campaign for tourists and transients. — Informational aids or
materials
on the cause, modes of transmission, prevention, and consequences of
HIV
infection shall be adequately provided at all international ports of
entry
and exit. The Department of Tourism, the Department of Foreign Affairs,
the Department of Justice through the Bureau of Immigration, in
collaboration
with the Department of Health (DOH), shall oversee the implementation
of
this Act.
Sec. 9. HIV/AIDS education
in communities. — Local government units, in collaboration with the
Department of Health (DOH), shall conduct an educational and
information
campaign on HIV/AIDS. The provincial governor, city or municipal mayor
and the barangay captain shall coordinate such campaign among concerned
government agencies, non-government organizations and church-based
groups.
Sec. 10. Information
on prophylactics. — Appropriate information shall be attached to or
provided with every prophylactic offered for sale or given as a
donation.
Such information shall be legibly printed in English and Filipino, and
contain literature on the proper use of the prophylactic device or
agent,
its efficacy against HIV and STD infection, as well as the importance
of
sexual abstinence and mutual fidelity.
Sec. 11. Penalties
for misleading information. — Misinformation on HIV/AIDS prevention
and control through false and misleading advertising and claims in any
of the tri-media or the promotional marketing of drugs, devices, agents
or procedures without prior approval from the Department of Health and
the Bureau of Food and Drugs and the requisite medical and scientific
basis,
including markings and indications in drugs and devises or agents,
purporting
to be a cure or a fail-safe prophylactic for HIV infection is
punishable
with a penalty of imprisonment for two (2) months to two (2) years,
without
prejudice to the imposition of administrative sanctions such as fines
and
suspension or revocation of professional or business license.
ARTICLE II
SAFE PRACTICES AND
PROCEDURES
Sec. 12. Requirement
on the donation of blood, tissue, or organ. — No laboratory or
institution
shall accept a donation of tissue or organ, whether such donation is
gratuitous
or onerous, unless a sample from the donor has been tested negative for
HIV. All donated blood shall also be subjected to HIV testing and
HIV(+)
blood shall be disposed of properly and immediately. A second testing
may
be demanded as a matter of right by the blood, tissue, or organ
recipient
or his immediate relatives before transfusion or transplant, except
during
emergency cases: Provided, That donations of blood, tissue, or organ
testing
positive for HIV may be accepted for research purposes only, and
subject
to strict sanitary disposal requirements.
Sec. 13. Guidelines
on surgical and similar procedures. — The Department of Health
(DOH),
in consultation and in coordination with concerned professional
organizations
and hospital associations, shall issue guidelines on precautions
against
HIV transmission during surgical, dental, embalming, tattooing or
similar
procedures. The DOH shall likewise issue guidelines on the handling and
disposition of cadavers, body fluids or wastes of persons known or
believed
to be HIV-positive.
The necessary
protective
equipment such as gloves, goggles and gowns, shall be made available to
all physicians and health care providers and similarly exposed
personnel
at all times.
Sec. 14. Penalties
for unsafe practices and procedures. — Any person who knowingly or
negligently causes another to get infected with HIV in the course of
the
practice of his/her profession through unsafe and unsanitary practice
or
procedure is liable to suffer a penalty of imprisonment for six (6)
years
to twelve (12) years, without prejudice to the imposition of
administrative
sanctions such as, but not limited to, fines and suspension or
revocation
of the license to practice his/her profession. The permit or license of
any business entity and the accreditation of hospitals, laboratory, or
clinics may be cancelled or withdrawn if said establishments fail to
maintain
such safe practices and procedures as may be required by the guidelines
to be formulated in compliance with Sec. 13 of this Act.
ARTICLE III
TESTING, SCREENING AND
COUNSELLING
Sec. 15. Consent as
a requisite for HIV testing. — No compulsory HIV testing shall be
allowed.
However, the State shall encourage voluntary testing for individuals
with
a high risk for contracting HIV: Provided, That written
informed
consent must first be obtained. Such consent shall be obtained from the
person concerned if he/she is of legal age or from the parents or legal
guardian in the case of a minor or a mentally incapacitated individual.
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 his/her blood, organ, or tissue for
transfusion,
transplantation, or research;
(b) a
person has
executed
a legacy in accordance with Sec. 3 of Republic Act No. 7170, also
known
as the "Organ Donation Act of 1991";
(c) a
donation is
executed
in accordance with Sec. 4 of Republic Act No. 7170.
Sec. 16. Prohibitions
on compulsory HIV testing. — Compulsory HIV testing as a
precondition
to employment, admission to educational institutions, the exercise of
freedom
of abode, entry or continued stay in the country, or the right to
travel,
the provision of medical service or any other kind of service, or the
continued
enjoyment of said undertakings shall be deemed unlawful.
Sec. 17. Exception
to the prohibition on compulsory testing. — Compulsory HIV testing
may be allowed only in the following instances:
a) When a
person is
charged
with any of the crimes punishable under Articles 264 and 266 as amended
by Republic Act No. 8353, 335 and 338 of Republic Act No. 3815,
otherwise
known as the "Revised Penal Code" or under Republic Act No.
7659;
b) When the
determination
of the HIV status is necessary to resolve the relevant issues under
Executive
Order No. 309, otherwise known as the "Family Code of the Philippines";
and
c) When
complying
with the
provisions of Republic Act No. 7170, otherwise known as the "Organ
Donation
Act" and Republic Act No. 7719, otherwise known as the "National
Blood Services Act".
Sec. 18. Anonymous HIV
testing. — The State shall provide a mechanism for anonymous HIV
testing
and shall guarantee anonymity and medical confidentiality in the
conduct
of such tests.
Sec. 19. Accreditation
of HIV Testing Centers. — All testing centers, hospitals, clinics,
and laboratories offering HIV testing services are mandated to seek
accreditation
from the Department of Health which shall set and maintain reasonable
accreditation
standards.
Sec. 20. Pre-test and
post-test counselling. — All testing centers, clinics, or
laboratories
which perform any HIV test shall be required to provide and conduct
free
pre-test counselling and post-test counselling for persons who avail of
their HIV/AIDS testing services. However, such counselling services
must
be provided only by persons who meet the standards set by the DOH.
Sec. 21. Support for
HIV Testing Centers. — The Department of Health shall
strategically
build and enhance the capabilities for HIV testing of hospitals,
clinics,
laboratories, and other testing centers primarily, by ensuring the
training
of competent personnel who will provide such services in said testing
sites.
ARTICLE IV
HEALTH AND SUPPORT
SERVICES
Sec. 22. Hospital-based
services. — Persons with HIV/AIDS shall be afforded basic health
services
in all government hospitals, without prejudice to optimum medical care
which may be provided by special AIDS wards and hospitals.
Sec. 23. Community-based
services. — Local government units, in coordination and in
cooperation
with concerned government agencies, non-government organizations,
persons
with HIV/AIDS and groups most at risk of HIV infection shall provide
community-based
HIV/AIDS prevention and care services.
Sec. 24. Livelihood
programs and trainings. — Trainings for livelihood, self-help
cooperative
programs shall be made accessible and available to all persons with
HIV/AIDS.
Persons infected with HIV/AIDS shall not be deprived of full
participation
in any livelihood, self-help and cooperative programs for reason of
their
health conditions.
Sec. 25. Control of
sexually transmitted diseases. — The Department of Health, in
coordination
and in cooperation with concerned government agencies and
non-government
organizations shall pursue the prevention and control of sexually
transmitted
diseases to help contain the spread of HIV infection.
Sec. 26. Insurance
for persons with HIV. — The Secretary of Health, in cooperation
with
the Commissioner of the Insurance Commission and other public and
private
insurance agencies, shall conduct a study on the feasibility and
viability
of setting up a package of insurance benefits and, should such study
warrant
it, implement an insurance coverage program for persons with HIV. The
study
shall be guided by the principle that access to health insurance is
part
of an individual's right to health and is the responsibility of the
State
and of society as a whole.
ARTICLE V
MONITORING
Sec. 27. Monitoring
program. — A comprehensive HIV/AIDS monitoring program or "AIDSWATCH"
shall be established under the Department of Health to determine
and
monitor the magnitude and progression of HIV infection in the
Philippines,
and for the purpose of evaluating the adequacy and efficacy of the
countermeasures
being employed.
Sec. 28. Reporting
procedures. — All hospitals, clinics, laboratories, and testing
centers
for HIV/AIDS shall adopt measures in assuring the reporting and
confidentiality
of any medical record, personal data, file, including all data which
may
be accessed from various data banks or information systems. The
Department
of Health through its AIDSWATCH monitoring program shall receive,
collate
and evaluate all HIV/AIDS related medical reports. The AIDSWATCH data
base
shall utilize a coding system that promotes client anonymity.
Sec. 29. Contact tracing.
—
HIV/AIDS contact tracing and all other related health intelligence
activities
may be pursued by the Department of Health: Provided, That these
do not run counter to the general purpose of this Act: Provided,
further,
That any information gathered shall remain confidential and classified,
and can only be used for statistical and monitoring purposes and not as
basis or qualification for any employment, school attendance, freedom
of
abode, or travel.
ARTICLE VI
CONFIDENTIALITY
Sec. 30. Medical
confidentiality.
— All health professionals, medical instructors, workers, employers,
recruitment
agencies, insurance companies, data encoders, and other custodians of
any
medical record, file, data, or test results are directed to strictly
observe
confidentiality in the handling of all medical information,
particularly
the identity and status of persons with HIV.
Sec. 31. Exceptions
to the mandate of confidentiality. — Medical confidentiality shall
not be considered breached in the following cases:
(a) when
complying with
reportorial requirements in conjunction with the AIDSWATCH programs
provided
in Sec. 27 of this Act;
(b) when
informing
other
health workers directly involved or about to be involved in the
treatment
or care of a person with HIV/AIDS: Provided, That such treatment or
care
carry the risk of HIV transmission: Provided, further, That such
workers
shall be obliged to maintain the 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
shall be properly sealed by its lawful custodian after being
double-checked
for accuracy by the head of the office or department, hand delivered,
and
personally opened by the judge: Provided, further, That the
judicial
proceedings be held in executive session.
Sec. 32. Release of
HIV/AIDS
test results. — All results of HIV/AIDS testing shall be
confidential
and shall be released only to the following persons:cralaw:red
(a) the
person who
submitted
himself/herself to such test;
(b) either
parent of
a minor
child who has been tested;
(c) a legal
guardian
in the
case of insane persons or orphans;
(d) a
person
authorized to
receive such results in conjunction with the AIDSWATCH program as
provided
in Sec. 27 of this Act;
(e) a
justice of the
Court
of Appeals or the Supreme Court, as provided under subSec. (c) of
this
Act and in accordance with the provision of Sec. 16 hereof.
Sec. 33. Penalties for
violations of confidentiality. — Any violation of medical
confidentiality
as provided in Sec.s 30 and 32 of this Act shall suffer the penalty
of imprisonment for six (6) months to four (4) years, without prejudice
to administrative sanctions such as fines and suspension or revocation
of the violator's license to practice his/her profession, as well as
the
cancellation or withdrawal of the license to operate any business
entity
and the accreditation of hospitals, laboratories or clinics.
Sec. 34. Disclosure
to sexual partners. — Any person with 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 ACTS AND
POLICIES
Sec. 35. Discrimination
in the workplace. — Discrimination in any form from pre-employment
to post-employment, including hiring, promotion or assignment, based on
the actual, perceived or suspected HIV status of an individual is
prohibited.
Termination from work on the sole basis of actual, perceived or
suspected
HIV status is deemed unlawful.
Sec. 36. Discrimination
in schools. — No educational institution shall refuse admission or
expel, discipline, segregate, deny participation, benefits or services
to a student or prospective student on the basis of his/her actual,
perceived
or suspected HIV status.
Sec. 37. Restrictions
on travel and habitation. — The freedom of abode, lodging and
travel
of a person with HIV shall not be abridged. No person shall be
quarantined,
placed in isolation, or refused lawful entry into or deported from
Philippine
territory on account of his/her actual, perceived or suspected HIV
status.
Sec. 38. Inhibition
from public service. — The right to seek an elective or appointive
public office shall not be denied to a person with HIV.
Sec. 39. Exclusion
from credit and insurance services. — All credit and loan services,
including health, accident and life insurance shall not be denied to a
person on the basis of his/her actual, perceived or suspected HIV
status:
Provided, That the person with HIV has not concealed or misrepresented
the fact to the insurance company upon application. Extension and
continuation
of credit and loan shall likewise not be denied solely on the basis of
said health condition.
Sec. 40. Discrimination
in hospitals and health institutions. — No person shall be denied
health
care service or be charged with a higher fee on account of actual,
perceived
or suspected HIV status.
Sec. 41. Denial of
burial services. — A deceased person who had AIDS or who was known,
suspected or perceived to be HIV-positive shall not be denied any kind
of decent burial services.
Sec. 42. Penalties
for discriminatory acts and policies. — All discriminatory acts
and
policies referred to in this Act shall be punishable with a penalty of
imprisonment for six (6) months to four (4) years and a fine not
exceeding
Ten thousand pesos (P10,000.00). In addition, licenses/permits of
schools,
hospitals and other institutions found guilty of committing
discriminatory
acts and policies described in this Act shall be revoked.
ARTICLE VIII
THE PHILIPPINE NATIONAL
AIDS COUNCIL
Sec. 43. Establishment.
— The Philippine National AIDS Council (PNAC) created by virtue of
Executive
Order No. 39 dated 3 December 1992 shall be reconstituted and
strengthened
to enable the Council to oversee an integrated and comprehensive
approach
to HIV/AIDS prevention and control in the Philippines. It shall be
attached
to the Department of Health.
Sec. 44. Functions.
— The Council shall be the central advisory, planning and policy-making
body for the comprehensive and integrated HIV/AIDS prevention and
control
program in the Philippines. The Council shall perform the following
functions:
(a) Secure
from
government
agencies concerned recommendations on how their respective agencies
could
operationalize specific provisions of this Act. The Council shall
integrate
and coordinate such recommendations and issue implementing rules and
regulations
of this Act. The Council shall likewise ensure that there is adequate
coverage
of the following:
(1) The
institution of
a
nationwide HIV/AIDS information and education program;
(2) The
establishment of
a comprehensive HIV/AIDS monitoring system;
(3) The
issuance of
guidelines
on medical and other practices and procedures that carry the risk of
HIV
transmission;
(4) The
provision
of accessible
and affordable HIV testing and counselling services to those who are in
need of it;
(5) The
provision
of acceptable
health and support services for persons with HIV/AIDS in hospitals and
in communities;
(6) The
protection
and promotion
of the rights of individuals with HIV; and
(7) The
strict
observance
of medical confidentiality.
(b) Monitor
the
implementation
of the rules and regulations of this Act, issue or cause the issuance
of
orders or make recommendations to the implementing agencies as the
Council
considers appropriate;
(c) Develop
a
comprehensive
long-term national HIV/AIDS 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; and
(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.
Sec. 45. Membership and
composition. — (a) The Council shall be composed of twenty-six (26)
members as follows:cralaw:red
(1) The
Secretary of the
Department of Health;
(2) The
Secretary of
the
Department of Education, Culture and Sports or his representative;
(3) The
Chairperson
of the
Commission on Higher Education or his representative;
(4) The
Director-General
of the Technical Education and Skills Development Authority or his
representative;
(5) The
Secretary of
the
Department of Labor and Employment or his representative;
(6) The
Secretary of
the
Department of Social Welfare and Development or his representative;
(7) The
Secretary of
the
Department of the Interior and Local Government or his representative;
(8) The
Secretary of
the
Department of Justice or his representative;
(9) The
Director-General
of the National Economic and Development Authority or his
representative;
(10) The
Secretary of
the
Department of Tourism or his representative;
(11) The
Secretary of
the
Department of Budget and Management or his representative;
(12) The
Secretary of
the
Department of Foreign Affairs or his representative;
(13) The
Head of the
Philippine
Information Agency or his representative;
(14) The
President of
the
League of Governors or his representative;
(15) The
President of
the
League of City Mayors or his representative;
(16) The
Chairperson
of the
Committee on Health of the Senate of the Philippines or his
representative;
(17) The
Chairperson
of the
Committee on Health of the House of Representatives or his
representative;
(18) Two (2)
representatives
from organizations of medical/health professionals;
(19) Six
(6)
representatives
from non-government organizations involved in HIV/AIDS prevention and
control
efforts or activities; and
(20) A
representative
of
an organization of persons dealing with HIV/AIDS.
(b) To the greatest extent
possible,
appointment to the Council must ensure sufficient and discernible
representation
from the fields of medicine, education, health care, law, labor, ethics
and social services;
(c) All members of the Council
shall be appointed by the President of the Republic of the Philippines,
except for the representatives of the Senate and the House of
Representatives,
who shall be appointed by the Senate President and the House Speaker,
respectively;
(d) The members of the Council
shall be appointed not later than thirty (30) days after the date of
the
enactment of this Act;
(e) The Secretary of Health
shall be the permanent chairperson of the Council; however, the
vice-chairperson
shall be elected by its members from among themselves, and shall serve
for a term of two (2) years; and
(f) For members representing
medical/health professional groups and the six (6) non-government
organizations,
they shall serve for a term of two (2) years, renewable upon
recommendation
of the Council.
Sec. 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. Such annual reports shall contain assessments and evaluation
of
intervention programs, plans and strategies for the medium- and
long-term
prevention and control program on HIV/AIDS in the Philippines.
Sec. 47. Creation of
Special HIV/AIDS Prevention and Control Service. — There shall be
created
in the Department of Health a Special HIV/AIDS Prevention and Control
Service
staffed by qualified medical specialists and support staff with
permanent
appointment and supported with an adequate yearly budget. It shall
implement
programs on HIV/AIDS prevention and control. In addition, it shall also
serve as the secretariat of the Council.
Sec. 48. Appropriations.
— The amount of Twenty million pesos (P20,000,000.00) shall be
initially
appropriated out of the funds of the National Treasury. Subsequent
appropriations
shall be provided by Congress in the annual budget of the Department of
Health under the General Appropriations Act.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Sec. 49. Implementing
rules and regulations. — Within six (6) months after it is fully
reconstituted,
the Council shall formulate and issue the appropriate rules and
regulations
necessary for the implementation of this Act.
Sec. 50. Separability
clause. — If any provision of this Act is declared invalid, the
remainder
of this Act or any provision not affected thereby shall remain in force
and effect.
Sec. 51. Repealing
clause. — All laws, presidential decrees, executive orders and
their
implementing rules inconsistent with the provisions of this Act are
hereby
repealed, amended or modified accordingly.
Sec. 52. Effectivity.
— This Act shall take effect fifteen (15) days after its publication in
at least two (2) national newspapers of general circulation.
Approved: February
13, 1998
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