Philippine HIV and AIDS Policy Act

Section 23

The PNAC, in coordination with the DOH, LGUs, and other relevant government agencies, private sector, CSOs, faith-based organizations, and PLHIVs, shall implement preventive measures, including but not limited, to the following: (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. The enforcement of this section shall not lead to, or result in the discrimination or violation of the rights of PLHIV and the service provider implementing the program, including peer educators and community-based testing providers.

Section 24

The DILG and DOH, in partnership with the key populations, shall establish a human rights and evidence-based HIV prevention policy and program for people who have higher risk of HIV infection and other key populations. The presence of used or unused prophylactic shall not be used as basis to conduct raids or similar police operations in sites and venues of HIV prevention interventions. The DILG and DOH, in coordination with LGUs, shall establish a national policy to guarantee the implementation of this provision.

Section 25

Preventing Mother-to-Child HIV Transmission. The DOH shall establish a program to prevent mother-to-child HIV transmission that shall be integrated in its maternal and child health services.

Section 26

The DOH shall enforce the following guidelines 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, counseled, 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.

Section 27

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".

Section 28

Guidelines on Medical Management, Surgical, and Other Related Procedures. The DOH shall, in consultation with concerned professional organizations and hospital associations, issue guidelines on medical management of PLHIV and protocol on precautions against HIV transmission during surgical, dental, embalming, body painting, or tattooing that require the use of needles or similar procedures. The necessary protective equipment such as gloves, goggles, and gowns shall be prescribed and required, and made available to all physicians and health care providers, tattoo artists, and similarly exposed personnel at all times. The DOH shall likewise issue guidelines on the handling and disposal of cadavers, body fluids, or wastes of persons known or believed to be HIV-positive.