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 NATIONAL
AIDS COUNCIL, AND FOR OTHER PURPOSES
Section 1
Title
This Act shall be known as
the "Philippine AIDS Prevention and Control Act of 1998"
Section 2
Declaration of policies
Acquired Immune Deficiency
Syndrome (AIDS) is a disease that recognizes no territorial, social, political
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, and means of prevention and control of HIV/AIDS
through a comprehensive nationwide educational and information campaign
organized and conducted by the State. Such campaigns shall promote value
formation and employ scientifically proven approaches, focus on the family as a
basic social unit, and be carried out in all schools and training centers,
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 protection of his/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 persons 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, marginalization, drug abuse and
ignorance.
(e)
The State shall recognize the potential role of affected individuals in
propagating vital information and educational messages about HIV/AIDS and shall
utilize 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 characterized 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 his/her true identity. An identifying number or symbol is used to
substitute for the name and allows the laboratory conducting the test and the
person on whom the test is conducted to match the test results with the
identifying number or symbol.
(c)
"Compulsory HIV Testing" — refers to HIV testing imposed upon a person attended or
characterized by the lack of or vitiated consent, use of physical force,
intimidation or any form of compulsion.
(d)
"Contact tracing" —
refers to the method of finding 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 the pattern of its spread.
(g)
"HIV/AIDS Prevention and Control" — refers to measures aimed at protecting non-infected
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 testing.
(j)
"HIV Testing" —
refers to any laboratory procedure done on an 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 needles and during pregnancy.
(l)
"High-Risk Behavior"
— refers to a person's frequent involvement in certain activities 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 involved in any counselling, testing or professional care
of the 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 aspects of HIV/AIDS and emotional support to any psychological
implications of undergoing HIV testing and the test result itself before he/she
is subjected to the 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 is released.
(r)
"Prophylactic" —
refers to any agent or device used to prevent the transmission of a disease.
(s)
"Sexually Transmitted Diseases" — 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 HIV
testing but can actually transmit the infection.
Section 4
HIV/AIDS education in
schools
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-Teachers-Community Associations, Private School Associations, school
officials, and other interest groups. As such, no instruction shall be offered
to minors without adequate prior consultation 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 be supervised by DECS, CHED and
TESDA, in coordination with the Department of Health (DOH), before they are
allowed to teach on the subject.
Section 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 enhanced to include skills for proper information
dissemination and education on HIV/AIDS. It shall likewise be considered a
civic duty of health providers in the private sector to make available to the
public such information necessary to control the spread of HIV/AIDS and to
correct common misconceptions about this disease. The training or health
workers shall include discussions on HIV-related ethical issues such as
confidentiality, informed consent and the duty to provide treatment.
Section 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 standardized 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), the Secretary of the Department of Labor 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.
Section 7
HIV/AIDS education for
Filipinos going abroad
The State shall ensure that
all overseas Filipino workers and diplomatic, military, trade, and labor
officials and personnel to be assigned overseas shall undergo or attend a
seminar on the cause, prevention and consequences of HIV/AIDS before
certification for overseas assignment. The Department of Labor and Employment
or the Department of Foreign Affairs, the Department of Tourism and the
Department of Justice through the Bureau of Immigration, as the case may be, in
collaboration with the Department of Health (DOH), shall oversee the
implementation of this Section
Section 8
Information campaign
for tourists and transients
Informational aids or
materials on the cause, modes of transmission, prevention, and consequences of
HIV infection shall be adequately provided at all international ports of entry
and exit. 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.
Section 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 organizations and church-based groups.
Section 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, its efficacy against HIV and STD infection, as well as the importance
of sexual abstinence and mutual fidelity.
Section 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 the Bureau
of Food and Drugs and the requisite medical and scientific basis, including
markings and indications in drugs and devises or agents, purporting to be a
cure or a fail-safe prophylactic for HIV infection is punishable with a penalty
of imprisonment for two (2) months to two (2) years, without prejudice to the
imposition of administrative sanctions such as fines and suspension or
revocation of professional or business license.
Section 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
may be 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 donations of blood, tissue, or organ testing
positive for HIV may be accepted for research purposes only, and subject to
strict sanitary disposal requirements.
Section 13
Guidelines on surgical
and similar procedures
The Department of Health
(DOH), in consultation and in coordination with concerned professional
organizations 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.
Section 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 establishments fail to maintain such safe
practices and procedures as may be required by the guidelines to be formulated
in compliance with Sec. 13 of this Act.
Section 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 a high risk for contracting HIV: Provided, that written
informed consent must first be obtained. Such consent shall be obtained from
the person concerned if he/she is of legal age or from the 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 his/her blood, organ, or
tissue for transfusion, transplantation, or research;
(b)
a person has executed a legacy in accordance with Sec. 3 of Republic
Act No. 7170, also known as the "Organ Donation Act of 1991";
(c)
a donation is executed in accordance with Sec. 4 of Republic Act No.
7170.
Section 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.
Section 17
Exception to 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 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 Republic Act No. 7719,
otherwise known as the "National Blood Services Act".
Section 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.
Section 19
Accreditation of HIV
Testing Centers
All testing centers,
hospitals, clinics, and laboratories offering HIV testing services are mandated
to seek accreditation from the Department of Health which shall set and
maintain reasonable accreditation standards.
Section 20
Pre-test and post-test counselling
All testing centers,
clinics, or laboratories which perform any HIV test shall be required to
provide and conduct free pre-test counselling and post-test counselling for
persons 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.
Section 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.
Section 22
Hospital-based services
Persons with HIV/AIDS
shall be afforded basic health services in all government hospitals, without
prejudice to optimum medical care which may be provided by special AIDS wards
and hospitals.
Section 23
Community-based
services
Local government units, in
coordination and in cooperation with concerned government agencies,
non-government organizations, persons with HIV/AIDS and groups most at risk of
HIV infection shall provide community-based HIV/AIDS prevention and care
services.
Section 24
Livelihood programs and
trainings
Trainings 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.
Section 25
Control of sexually
transmitted diseases
The Department of Health,
in coordination and in cooperation with concerned government agencies and
non-government organizations shall pursue the prevention and control of
sexually transmitted diseases to help contain the spread of HIV infection.
Section 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 health insurance is
part of an individual's right to health and is the responsibility of the State
and of society as a whole.
Section 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 and efficacy of the countermeasures being employed.
Section 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.
Section 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.
Section 30
Medical confidentiality
All health professionals,
medical instructors, workers, employers, recruitment agencies, insurance
companies, data encoders, and other custodians of any medical record, file,
data, or test results are directed to strictly observe confidentiality in the handling
of all medical information, particularly the identity and status of persons
with HIV.
Section 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 programs provided in Sec. 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.
Section 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 parent of a minor child who has been tested;
(c)
a legal guardian in the case of insane persons or orphans;
(d)
a person authorized to receive such results in conjunction with the
AIDSWATCH program as provided in Sec. 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 Sec.
16 hereof.
Section 33
Penalties for violations
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.
Section 34
Disclosure to sexual
partners
Any person with HIV is
obliged to disclose his/her HIV status and health condition to his/her spouse
or sexual partner at the earliest opportune time.
Section 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,
perceived or suspected HIV status is deemed unlawful.
Section 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.
Section 37
Restrictions on travel
and habitation
The freedom of abode,
lodging and travel of a person with HIV shall not be abridged. No person shall
be quarantined, placed in isolation, or refused lawful entry into or deported
from Philippine territory on account of his/her actual, perceived or suspected
HIV status.
Section 38
Inhibition from public
service
The right to seek an
elective or appointive public office shall not be denied to a person with HIV.
Section 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 has 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.
Section 40
Discrimination in hospitals
and health institutions
No person shall be denied
health care service or be charged with a higher fee on account of actual,
perceived or suspected HIV status.
Section 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.
Section 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 (P10,000.00). In addition, licenses/permits of schools, hospitals
and other institutions found guilty of committing discriminatory acts and
policies described in this Act shall be revoked.
Section 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.
Section 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 recommendations 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 a 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 regulations of this Act,
issue or cause the issuance of orders 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
HIV/AIDS;
(e)
Coordinate and cooperate with foreign and international organizations
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.
Section 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 Social Welfare and Development or his representative;
(7) The Secretary of the Department
of the Interior and Local Government or his representative;
(8) The Secretary of the Department
of Justice or his representative;
(9) The Director-General of the
National Economic and Development Authority or his representative;
(10) The Secretary of the Department of Tourism or his representative;
(11) The Secretary of the Department of Budget and Management or his
representative;
(12) The Secretary of the Department of Foreign Affairs or his
representative;
(13) The Head of 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 members of the Council shall be appointed by the President of the
Republic of the Philippines, except for the representatives 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 enactment of this Act;
(e)
The Secretary of Health shall be the permanent chairperson of the
Council; however, the vice-chairperson shall be elected by its members from
among themselves, 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.
Section 46
Reports
The Council shall submit
to the President and to both Houses of Congress comprehensive annual reports on
the activities and accomplishments of the Council. Such annual reports shall
contain assessments and evaluation of intervention programs, plans and
strategies for the medium- and long-term prevention and control program on
HIV/AIDS in the Philippines.
Section 47
Creation of Special
HIV/AIDS Prevention and Control Service
There shall be created in
the Department of Health a Special HIV/AIDS Prevention and Control Service
staffed by qualified medical specialists and support staff 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 serve as the
secretariat of the Council.
Section 48
Appropriations
The amount of Twenty
million pesos (P20,000,000.00) shall be initially appropriated out of the funds
of the National Treasury. Subsequent appropriations shall be provided by
Congress in the annual budget of the Department of Health under the General
Appropriations Act.
Section 49
Implementing rules and
regulations
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.
Section 50
Separability clause
If any provision of this
Act is declared invalid, the remainder of this Act or any provision not
affected thereby shall remain in force and effect.
Section 51
Repealing clause
All laws, presidential
decrees, executive orders and their implementing rules inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.
Section 52
Effectivity
This Act shall take effect
fifteen (15) days after its publication in at least two (2) national newspapers
of general circulation.
Approved:
February 13, 1998
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