Summary of Philippine AIDS law

PCP HIV AIDS Toolkit → Summary of Philippine AIDS law

This page is part of the PCP HIV AIDS Toolkit.

RA 8504 - The Philippine AIDS Law

(This is a condensed version of the RA 8504)

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.

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.

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.

The Government will ensure adequate health and support services for people with HIV.

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.
Contact tracing is permitted provided confidentiality is not breached.

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.

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.

The government will establish a Philippine National AIDS Council

This council will be responsible for implementing the act and conducting all national AIDS performances.