Philippine HIV and AIDS Policy Act

Section 29

As a policy, the State shall encourage voluntary HIV testing. Written consent from the person taking the test must be obtained before HIV testing. HIV testing shall be made available under the following circumstances: (a) In keeping with the principle of the evolving capacities of the child as defined in Section 3(i) of this Act, if the person is fifteen (15) to below eighteen (18) years of age, consent to voluntary HIV testing shall be obtained from the child without the need of consent from a parent or guardian; (b) In keeping with the mature minor doctrine as defined in Section 3(bb) of this Act, Any young person aged below fifteen (15) who is pregnant or engaged in high-risk behavior shall be eligible for HIV testing and counseling, with the assistance of a licensed social worker or health worker. Consent to voluntary HIV testing shall be obtained from the child without the need of consent from a parent or guardian; and (c) In all other cases not covered by (b) of this section, consent to voluntary HIV testing shall be obtained from the child's parent or legal guardian if the person is below fifteen (15) years of age or is mentally incapacitated. In cases when the child's parents or legal guardian cannot be located despite reasonable efforts, or if the child's parent or legal guardian refused to give consent of the minor shall also be required prior to the testing. In every circumstance, proper counseling shall be conducted by a social worker, a health care provider, or other health care professional accredited by the DOH or the DSWD. HIV testing guidelines issued by the DOH shall include guidance for testing minors and for the involvement of parents or guardians in HIV testing of minors. The State shall continually review and revise, as appropriate, the HIV diagnostic algorithm based on current available laboratory technology and evidence.

Section 30

Compulsory HIV Testing. Compulsory HIV testing shall be allowed only in the following instances: (a) When it is necessary to test a person who is charges with any of the offenses punishable under Articles 264 and 266 on serious and slight physical injuries, and Article 335 and 338 on rape and simple seduction, both of Act No. 3815 or the "The Revised Penal Code", as amended, and as also amended by Republic Act. No. 8553, otherwise known as "The Anti-Rape Law of 1997"; (b) When it is necessary to resolve relevant issues under Executive Order No. 209, otherwise known as "The Family Code of the Philippines"; and (c) As a prerequisite in the donation of blood in compliance with the provisions of Republic Act No. 7170, otherwise known as the "Organ Donation Act of 1991", and Republic Act No. 7719, otherwise known as the "National Blood Services Act of 1994".

Section 31

To implement this section, the DOH shall: (a) Accredit public private HIV testing facilities based on capacity to deliver testing services including HIV counseling: Provided, That only DOH-accredited HIV testing facilities shall be allowed to conduct HIV testing; (b) Develop the guidelines for HIV counseling and testing, including mobile HIV counseling and testing, and routine provider-initiated HIV counseling and testing that shall ensure among others, that HIV testing is based on informed consent, is voluntary and confidential, is available at all times and provided by the qualified persons and DOH-accredited providers; (c) Accredit institutions or organizations that train HIV and AIDS counselors in coordination with DSWD; (d) Accredit competent HIV and AIDS counselors for persons with disability including but not limited to, translator for the hearing-impaired and Braille for the visually-impaired clients, in coordination with the National Council for Disability Affairs (NCDA); (e) Set the standards for HIV counseling and shall work closely with HIV and AIDS CSOs that train HIV and AIDS counselors and peer educators, in coordination and participation of NGOs, government organizations (GOs), and Civil Society Organizations of PLHIV (CSO-PLHIV); and (f) Ensure access to routine provider-initiated counseling and testing as part of clinical care in all health care in all health care settings for the public. All HIV testing facilities shall provide free pre-test and post-test HIV counseling to individuals who wish to avail of HIV testing, which shall likewise be confidential. No HIV testing shall be conducted without informed consent. The State shall ensure that specific approaches to HIV counseling and testing are adopted based on the nature and extent of HIV and AIDS incidence in the country. Pre-test counseling and post-test counseling shall be done by the HIV and AIDS counselor, licensed social worker, licensed health service provider for free.

Section 32

A healthcare provider who offers prenatal medical care shall offer provider-initiated HIV testing for pregnant women. The DOH shall provide the necessary guidelines for healthcare providers in the conduct of the screening procedure.