hiv and aids amendment bill

Amending the HIV and AIDS law

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

Friday, August 5, 11

WHY AMEND?


A model legislation

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


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

purpose and actual accomplishment.”Avila, 2005


‘Conflicts with other laws’

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

Act was approved in 2002.


Who implements?

Which agency should implement MARP-specific HIV education?


How do we localize?

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

- Licudine, Community of Practice


“the coverage of confidentiality is limited mainly to medical

confidentiality.”Guzman, Community of Practice


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?


The Civil Society Proposal


Premises

Law needs to be revised

Builds on previous proposals

Ideas from the ground

Reframed and ‘aligned’

A work in progressMore flexible


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


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


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


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


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


Treatment

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

• Establishment of treatment program

• Treatment guidelines c/o DOH


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


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


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


Exemptions to written consent requirement

• When using info for surveillance

• Treatment and care situation

• Legal proceedings

DOH and DOJ to craft policies.


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


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


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


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


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


PNAC Secretariat

• Independent secretariat, headed by an Exec Director

• Day-to-day functions of the Council

• Provide technical support

• Clearinghouse and repository of info


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


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


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


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


THANK [email protected]


mailto:[email protected]

mailto:[email protected]

hiv and aids amendment bill

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