hiv and aids amendment bill

Amending the HIV and AIDS law

Proposed amendments to RA 8504, or the Philippine AIDS Prevention & Control Act

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WHY AMEND?

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A model legislation

RA 8504 was enacted in 1998, or 13 years ago.

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“Wealth of motherhood statements (in the law) but... gaps between

purpose and actual accomplishment.”Avila, 2005

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‘Conflicts with other laws’

New laws set the legal frame. For ex., the Dangerous Drugs

Act was approved in 2002.

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Who implements?

Which agency should implement MARP-specific HIV education?

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How do we localize?

“there are no clear guidelines on the composition of a local AIDS council...”

- Licudine, Community of Practice

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“the coverage of confidentiality is limited mainly to medical

confidentiality.”Guzman, Community of Practice

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Gaps in governance

PNAC is under DOH, but if DOH doesn’t step up, who leads the response? What’s the relationship between

PNAC and DOH?

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The Civil Society Proposal

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Premises

Law needs to be revised

Builds on previous proposals

Ideas from the ground

Reframed and ‘aligned’

A work in progressMore flexible

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Principles

• Health as a right

• HIV and AIDS as a public health concern

• Community mobilization & multisectoral

• Public and private partnership

• Human rights

• Gender sensitive, MARPs-inclusive

• GIPAFriday, August 5, 11

PREVENTION

Education, VCT, Positive Prevention, Harm Reduction,

Universal Pre-caution

Core ElementsTCS

Treatment, Care, and Support policies, Insurance, Economic

empowerment

ENABLERS

Stigma-free services, Confidentiality, Non-

discrimination, Consent, Protection

GOVERNANCE

National Plan, PNAC, NASPCP

PENALTIES

Imprisonment, Fine, other sanctions

FUNDING

Initial funding, GAA, Investment

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Education as Prevention

• Scientific, gender-sensitive rights & evidence-based

• HIV and AIDS information as a right

• HIV and AIDS education for MARPs

• Generic HIV and AIDS education in educational institutions, with referral for MARPS

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Education as Prevention

• Generic HIV and AIDS education in the workplace, with referral for MARPs

• HIV and AIDS education for OF

• HIV and AIDS education thru LAC or similar local bodies

• Information for tourists, transients

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VCT as prevention

• Voluntary and anonymous VCT

• DOH to accredit facilities & develop & enforce guidelines

• Opt-out language is included

• Concepts that counseling should cover

• Counseling guidelines and definition of HIV and AIDS counselors

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Other provisions on prevention

• Positive Prevention: PLHIV community-led, rights-based, affirmative

• Harm Reduction (rights-based and evidence-based policy c/o DOH and DILG)

• Universal precaution policies (RA8504)

• PMTCT program to be integrated in maternal & child health services

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Treatment

• Treatment policy: State shall ensure treatment of HIV and OI is free

• Establishment of treatment program

• Treatment guidelines c/o DOH

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Care and Support

• PhilHealth: in-patient and out-patient package, confidentiality is ensured

• Private HMOs cannot deny coverage due to HIV status

• Economic empowerment, not just “livelihood” program c/o DSWD & TESDA

• Care programs c/o DSWD, such as peer-led counseling, welfare assistance, case management

• Care program for repatriated OFs

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Enabling Environment

• Policy for stigma-free HIV and AIDS services c/o PNAC

• Prohibition on compulsory testing

• Non-discrimination

• Protection for peer eds, outreach workers & service providers

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Confidentiality

• Certain HIV and AIDS information as confidential information

• Applies to all, not just health workers

• Written consent is necessary to release confidential information

• Info can’t be released to the general public

• Identifies who gets access to test results

• Obligation to disclose to spouse, sexual partners

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Exemptions to written consent requirement

• When using info for surveillance

• Treatment and care situation

• Legal proceedings

DOH and DOJ to craft policies.

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Disclosure to sexual partners

• Disclosure is a moral question and must not be criminalized

• Integrated in the positive prevention program

• Partner notification guidelines to be developed by PNAC

• PLHIV may seek help from medical professionals, peer eds, etc

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Surveillance

• DOH to determine and monitor progress of epidemic

• Collation and analysis of medical reports

• Report to OP, Congress and PNAC members

• HIV deaths monitoring

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National Plan

• Five-year plan

• Includes targets and strategies, components, operationalization, cost, and funding sources

• PNAC to ensure implementation of the Plan

• LGUs to localize plan, in coordination with and with support from PNAC

• Establishment of LAC or designation of local bodies to implement local plan

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PNAC

• An autonomous body under DOH

• Ensures implementation of the Plan

• Coordinates implementing agencies

• Develop & enforce policies and guidelines

• Monitor the epidemic

• Develop, implement, & monitor Plan

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PNAC

• Strengthen multisectoral, public-private partnership

• Self-organize

• Resource mobilization and international cooperation

• Policy recommendation

• Chaired by DOH, with core members and ex-officio members

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PNAC Secretariat

• Independent secretariat, headed by an Exec Director

• Day-to-day functions of the Council

• Provide technical support

• Clearinghouse and repository of info

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Other Provisions

• Prohibition on the spread of wrong information

• NASPCP as part of the health sector response

• Prohibition on the use of condoms & other safer sex paraphernalia as evidence or basis for raids, arrests, etc. Harmonization policy c/o DILG

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Penalties

• Penalty for violation of VCT, discrimination in private insurance, discriminatory acts, compulsory testing, confidentiality clauses: 6 mos - 5 yrs imprisonment, 50,000-500,000 fine

• Civil liability for violation of non-discrimination provisions

• Harassment of service providers - 6 mos - 5 years imprisonment, 100,00-500,00 fine

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Penalties

• Wrong information - 2 mos - 2 years imprisonment and administrative sanctions

• Use of condoms as basis for raids, evidence for prostitution - 1-5 years of imprisonment, 100,000-500,000 fine

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Appropriation

• Creates a funding item in the GAA for the National Plan

• 400 million for initial implementation

• Inclusion in the budget of implementing agencies in the succeeding GAAs

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THANK YOU!!jonasbagas@gmail.com

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