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Page へ戻るPhilippine AIDS Prevention and Control Act of 1998
Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Third Regular Session
Begun and held in Metro Manila on Monday the twenty-eight day of
July , nineteen hundred and ninety - seven
_____________________
[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 NATIONALAIDS COUNCIL, AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representative of the Philippines in the assembled:
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
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 organised and
conducted by the State. Such campaign shall promote value formation and employ
scientifically proven approaches , focus on family, as a basic social unit, and be
carried out in all schools, and training centres, 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 rotection of his or 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 person 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, marginalisation, drug abuse and
ignorance.
(E) The state shall recognise the potential role of affected individuals in
propagating vital information and educational messages about HIV/AIDS and shall utilise
their experience to warn the public about the disease.
SECTION 3. DEFINITION OF TERMS- As used in this Act, the following terms are
defined as follows:
(a) Acquired Immune Deficiency Syndrome (AIDS)- a condition characterised 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 s his/her true identity. An identifying number or symbol is
used to substitute for the name and allows the laboratory conducting the test results with
the identifying number or symbol.
(c) Compulsory HIV Testing - refers to HIV testing imposed upon a person attended
or characterised by the lack or vitiated consent, use of physical force, intimidation or
any form of compulsion.
(d) Contact tracing- refers to the method of findings 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 pattern of it's spread.
(g) "HIV/ AIDS Prevention and control " - refers to measures aimed at
protecting non-infected person 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 test.
(j) "HIV Testing " - refers to any laboratory procedure done on
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 needs and during pregnancy.
(l) "High- Risk Behaviour"- refers to a person's frequent
involvement in certain activity 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 involve in any counselling, testing or professional care
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 aspect of HIV/AIDS and emotional support to any
psychological implications of undergoing HIV testing and the test result itself before
he/she is su8bjected to 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 released.
(r) "Prophylactic" - refers to any agent or device used to
prevent the transmission of a disease.
(s) "Sexually Transmitted Disease"- 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 HIOV testing but can actually transmit the infection.
ARTICLE 1 EDUCATION AND INFORMATION
SEC. 4. HIV/AIDS Education in
school- 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-Teacher-Community Associations, Private Schools Associations, school officials, and
other interest groups. As such, no instructions shall be offered to minors without
adequate prior consultant 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 no 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 enhance to include skills for
proper information dissemination and education on HIV/AIDS. It shall likewise be
considered a civic duty of health providers in a private sector to make available to the
public such information necessary to control the spread of HIV/AIDS and to correct
common misconception about this disease. The training of health workers shall include
discussion 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 standardised 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) and the Secretary of the Department of Labour 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 section.
SEC. 7. HIV/AIDS Education for Filipinos Going Abroad.- The state shall ensure that all the overseas Filipino workers and diplomatic military, trade and labour officials and personnel to be assign overseas shall undergo or attend a seminar on a cause, prevention, consequences of HIV/AIDS before certification for overseas assignment. The Department of labour and Employment of the Department of Foreign affairs, the Department of Tourism and the Department of Justice through the bureau of Immigration, as the case maybe, in the collaboration with the Department of Health (DOH), shall oversee the implementation of this section.
SEC. 8. Information Campaign for Tourist and Transients- Informational aids or materials on the cause, modes of transmission , prevention and consequences of HIV infection shall be inadequately provided at all international ports of entry and exits. 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
organisations 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 , it's efficiency 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 Bureau of
Food and Drugs and the requisite medical and scientific basis, including markings and
indications in drugs and devices and agents, purponting to be a cure or fail safe
prophylactic for HIV infection is punishable with a penalty of imprisonment for two
months to two years, without prejudice to the imposition of administrative sanctions such
as fines and suspensions 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 maybe 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
the donations of blood, tissue, or organ testing positive for HIV maybe 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 coordination with concerned professional
organisations 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
establishment fail to maintain such safe practices and procedures as may be required by
the guidelines to be formulated in compliance with Section 13 of this Act.
ARTICLE III TESTING SCREENING AND COUSELLING
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 high risk for contracting HIV . Provided, That the written informed consent must first be obtained from a person concerned if he/she is of legal age or from 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 higher blood, organ, or
tissue for transfusion, transplantation, or research.
(b) a person has executed a legacy in accordance with Section 3 of Republic Act
No. 7170, also known as the "Organ Donation Act of 1991";
(c) a donation is executed in accordance with Section 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 for 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 the 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 the 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, hospital, clinics, and laboratories offering HIV testing service are mandated to
seek accreditation from the Department of Health which shall set and maintain reasonable
accreditation standard.
SEC. 20. Pre-test and Post-test Counselling.- All testing centers,
clinics, or laboratories offering HIV testing shall be required to provide and conduct
free pre-test counselling and post-test counselling for 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 care which maybe 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-governmental organisations, 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 Training. - Training 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 organisations shall pursue the prevention and control of sexually transmitted diseases to help contain 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 the health and is part of an
individual's right to health and is the responsibility of the state and is the
responsibility of the State and of the 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 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 instructor, workers, employers, recruitment agencies, insurance companies, data encoders, and other custodian of any medical record, file, data, pr test results are directed to strictly observe confidentiality in the handling of all medical information, particularly the identity and status of the person 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 program provided in Section 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:
(a) the person who submitted himself / herself to such test
(b) either of a minor child who has been tested ;
(c) a legal guardian in the case of insane persons or orphans ;
(d) a person authorised to receive such results in conjunction with the AIDSWATCH
program as provided in Section 27 of this Act ;
(e) a justice of the Court of Appeals or the Supreme Court, as provided under
subsection (c ) of this Act and in accordance with the provision of Section 16 hereof.
SEC. 33. Penalties or Violation of Confidentiality.- Any
violation of medical confidentiality as provided in Sections 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 of Sexual Partners.- Any
person with HIV is obliged to disclose his/her HIV status and health condition to
his /her 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, public office shall not be
denied to aperson 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 shall be quarantined, place in isolation, or refused lawful entry into or deported from the Philippine territory on account of his/her actual, perceived or suspected HIV status.
SEC. 38. Inhibitions 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 was 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 of Hospitals and Health Institution.- 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). In addition license/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 recommendation 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 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 regulation of this Act, issue
or causes the issuance of order s 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 AIDS;
(e) Coordinate and cooperate with foreign and international organisations
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:
(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 the Interior and Local Government or his
representative;
(7) The Secretary of the Department of Justice or his representative;
(8) The Secretary of the Department of Social Welfare and Development or his
representative;
(9) The Director - General of the National Economic and
Development Authority or his representative;
(10) T6he Secretary of Department of Tourism and his representative;
(11) The Secretary of the Department of Budget and Management or his
representative;
(12) The Secretary of the Department Foreign Affairs or his representative;
(13) The Head 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 member of the Council shall be appointed by the President of the
Republic of the Philippines, except for the representative 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 of the enactment of Act;
(e) The Secretary of Health shall be permanent chairperson of the Council ;
however, the vice-chairperson shall be effected by it's members from among them selves,
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. -Report.-The Council shall submit to the President and to both Houses of Congress comprehensive annual reports on the activities and accomplishment of the Council. Such annual reports shall contain assesstments 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 Control Service - There shall be created in the Department of Health a Special HIV/AIDS Prevention and Control Service staffed by qualified medical specialist and support staff with permanent appointment and supported 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 sreve as the secretariat of the Council.
SEC. 48. Appropriations.- The amount of Twenty
million pesos (P20,000,000) shall be initially appropriated out of the funds of the
National Treasury. Subsequent appropriation shall provided by the congress in the
annual budget of the Department of Health under the General Appropriation Act.
ARTICLE IX MISCELLANEOUS PROVISIONS
SEC. 49. Implementing Rules and Regulation.- 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 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 provision of this Act are hereby repeated, amended or modified accordingly.
SEC. 52 Effectivity.- This Act shall take effect fifteen
(15) days after its publication in at least two (2) national newspaper or general
circulation.
(SGD) JOSE DE VENECIA
JR
Speaker of the House of the Representative
(SGD) NEPTALI GONZALES
President of the Senate
This Act which is consolidation of Senate Bill No. 1583 and House Bill No.
10510 was finally passed by the Senate and the House of Representatives on February 6,
1998.
(SGD) ROBERTO P.
NAZARENO
Secretary General House of Representative
(SGD) HEZEL P.
GACUTAN
Secretary of the Senate
Approved:
FEB 13 1998
(SGD) FIDEL V. RAMOS
President of the Philippines
2000年08月07日