Republic Act 8504

I received 6 emails already by our fellow Filipinos who are working abroad. All of them are HIV positives and are planning to return back to the country as soon as their contract expires. Where they are working, it is compulsory to take the HIV test as it is required for re employment. They took the test voluntarily and now they are scared to do the compulsory test that their current companies require them to do. Looking at their future, they are so worried that there won’t be any jobs here in the country as soon as they come back here. 

I know that here in the country it is against the law to have compulsory HIV testing as a prerequisite for employment and that there are only certain jobs that really require it.

To be factual, I researched about the Philippine AIDS Prevention and Control Act of 1998

Key Features of Republic Act 8504: Provisions of RA 8504 relevant in the workplace

Article I: Education and Information - Section 6: HIV/AIDS Education in the Workplace

• All government and private employees shall be provided with standardized basic information and instruction on HIV and AIDS.
• HIV / AIDS education shall be integrated into orientation, training, continuing education, HR dev’t programs, etc
• Each employer shall develop, implement, evaluate and fund a workplace HIV and AIDS education and information program.
• In collaboration with the DOH, DOLE shall oversee the anti-HIV/AIDS campaign in all private companies.

Article III: Testing, Screening and Counseling: 

• Section 16: Prohibition on Compulsory HIV Testing
  Compulsory HIV testing as a precondition to employment, admission to educational institutions, the provision of medical service or any kind of service shall be deemed unlawful.
  
  Exceptions to Prohibition on Compulsory HIV Testing

• When charged with crime under the Revised Penal Code, Death penalty Act, Anti-rape Law
• When resolving issues relevant to the Family Code
• When complying with requirements of organ or blood donation
• Reportorial requirements
• When informing health workers directly involved in treatment and care of persons with HIV/AIDS
• When responding to legal proceedings where the main issue is the HIV status of a person

• Section 18: Anonymous HIV Testing
• Section 19: Accreditation of HIV Testing Centers
• Section 20: Pre-test and Post-test Counselling

Article VI: Confidentiality

• Section 30: Medical Confidentiality
  All health professionals, medical instructors, workers, employers, recruitment agencies, insurance companies, data encoders, and other custodians of any  medical records, file, data or  test results to observe strict confidentiality particularly the identity and status of persons with HIV
  
  Release of HIV/AIDS Test Results will only be allowed to the following parties:

• Person who was tested
• Parent of minor if minor
• Legal guardian of mentally handicapped person
• Person authorized to receive results for AIDSWATCH
• Justice of Court of Appeals or Supreme Court

• 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.

Article VII: Discriminatory Acts and Policies - Section 35: Workplace Discrimination

• Discrimination in any form from preemployment 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.
• Persons with HIV/AIDS already employed by any public or private company shall be entitled to the same
  employment rights, benefits and opportunities as other employees.
• HIV infected employees shall act responsibly to protect own health and prevent HIV transmission
• Acts of discrimination shall be reported to DOLE or to CSC

Penalties

• Misleading information / advertising
  2 months to 2 years imprisonment

• Knowingly & negligently infecting others in the practice of one’s profession
  6-12 years imprisonment, fines, suspension or revocation of license/accreditation
• Violations on medical confidentiality
  6 months to 4 years imprisonment, fines, suspension or revocation of license/accreditation
• Discriminatory acts & policies
  6 months to 4 years imprisonment, fines of not over P10,000, revocation of license/permits

Mandate of the Philippine National AIDS Council

To be the central advisory, planning and policy-making body for the comprehensive and integrated HIV / AIDS prevention and control program in the Philippines.

Credit:
Philippine AIDS Prevention and Control Act of 1998

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