Thursday, September 20, 2007
Bill - Hon. Gerald T. Magno
Youth Congress
Teacher’s Camp, Baguio City
Third Regular Session
HOUSE BILL NO. OI8
INTRODUCED BY HONORABLE GERALD T. MAGNO
EXPLANATORY NOTE
The Constitution provides that:
Article II Section 15. The state shall protect and promote the right to health of the people and instill health consciousness among them.
Article XII, Section 11. The state shall adopt an integrated and comprehensive approach to health development –xxx- There shall be priority for the needs of the unprivileged sick, elderly, disabled, women and children.
Annually, at least 1 billion people worldwide contract one of eight sexually transmitted infections (STIs)- Chlamydia, gonorrhea, syphilis, trichomoniasis, hepatitis B, herpes, human papilloma virus and the human immunodeficiency virus. Of these, hepatitis B, herpes, human papilloma virus and HIV are incurable and represent two-thirds of the new infections.
The human immunodeficiency virus, which causes the Acquire Immune Deficiency Syndrome, is one of the deadliest. Since the discovery of HIV, it has now claimed the lives of 40 million people worldwide and infected 80 million people, which later will be added to the grim mortality statistics.
Our, country, the Philippines is very lucky enough to have one of the lowest prevalence rate of HIV positive cases in Asia and in the world – an amazing 0.01 %. However, complacency is not an option.
The Philippine National AIDS Council, headed by DOH Secretary Francisco Duque III, described the status of HIV- AIDS in the Philippines as “hidden and growing.” He also added that of the present statistics on HIV positive and AIDS cases, we are only seeing a tip of an iceberg, which means HIV and AIDS cases in our country, has a huge potential of explosion.
Based on the report, in every one case detected by the government they are missing three to four unreported cases. Resulting to an estimated 13, 000 unreported cases on HIV- AIDS. From January 1984 to March 2007, there were 2,792 HIV Ab seropositive cases. More than half (57%) of the cases were in 25-39 years age group and sexual intercourse was still the leading mode of transmission.
Statistics shows that majority of the infected person were at 25-39 years of age, which is also in the middle of the bracket of our potential labor force age group which is 15-65 years old. This bill seeks to provide an effective way of controlling the transmission or spread of HIV-AIDS in the Philippines. Although we have one of the lowest prevalence rates of HIV-AIDS cases, we should not be complacent. The best deal is 0% prevalence rate.
In view of the foregoing considerations, early passage of this bill is earnestly sought.
HON. GERALD T. MAGNO
Representative, Lone District of
San Juan City
Youth Congress
Teacher’s Camp, Baguio City
Third Regular Session
HOUSE BILL NO. OI8
INTRODUCED BY HON. GERALD T. MAGNO
AN ACT MANDATING ALL GOVERNMENT AGENCIES AND PRIVATE COMPANIES TO REQUIRE COMPULSORY HIV TESTING AS A PRECONDITION TO EMPLOYMENT, FOR APPLYING DRIVER’S LICENSE AND BUSINESS PERMITS BY AMMENDING SECTION TWO, SECTION FIFTEEN, SECTION SIXTEEN AND SECTION SEVENTEEN OF REPUBLIC ACT NUMBERED EIGHTY FIVE HUNDRED ZERO FOUR OTHERWISE KNOWN AS PHILIPPINE AIDS PREVENTION AND CONTROL ACT OF 1998
Be it enacted to the Senate and House of Representatives of the Philippines in congress assembled;
SECTION 1. Short title. - This act shall be known as the “Compulsory HIV Testing Act of 2007.”
SECTION 2. Section two of the Philippine AIDS Prevention and Control Act of 1998 is hereby amended as follows:
“SECTION 2. x x x
x x x
x x x
COMPULSORY HIV TESTING SHALL BE IMPOSED AS provided in this act;
x x x
x x x
x x x
x x x
x x x
x x x
SECTION 3. Section fifteen of the Philippine AIDS and Prevention Control Act of 1998 is hereby amended as follows:
“SECTION 15.Compulsory HIV Testing – Compulsory HIV Testing shall be imposed as a precondition to employment, for applying driver’s license and business permits to all government agencies and private companies.”
SECTION 4. Section sixteen of the Philippine AIDS Prevention and Control Act of 1998 is hereby amended as follows:
“SECTION 16. Prohibitions on Compulsory HIV Testing - Compulsory HIV Testing as a precondition to admission to [employment] educational institutions, the exercise of freedom 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 the said undertakings shall be deemed unlawful.”
SECTION 5. Section seventeen of the Philippine AIDS and Prevention Control Act of 1998 is hereby amended as follows:
SECTION 17. Other instances requiring compulsory test – Compulsory HIV Testing may also be allowed in the following instances:
x x x
x x x
x x x .
SECTION 7. HIV Positive individuals – Persons found the result of the HIV test positive shall immediately report to the Department of Health and undergo necessary medication. Positive result shall not cause an individual to be removed from work or refusal to be employed, promote or apply permits unless otherwise their work affects by the complication of HIV Virus.
SECTION 8. Subsidized by the State – All payments of the people with regard to the compulsory HIV Testing shall be free and subsidized by the government.
SECTION 9. HIV Testing Centers – The State shall build or create HIV Testing Centers in all public and private hospitals nationwide.
SECTION 10. Coordination - The Department of Health Secretary, as the ex-officio chair of Philippine National AIDS Council shall coordinate with the Secretary of Department of Labor and Employment and other affected agencies on research on how to create or plan the proceedings of the compulsory HIV Testing.
SECTION 11. Implementing Agency – The Secretary of Health is hereby authorized to adopt a system and carry out the provisions of this act. The DOH with the help of all the members of Philippine National AIDS Council shall, within sixty (60) days from the effectivity of this act, promulgate rules and regulations, including those disciplinary nature, to carry out and enforce the provisions of this act.
SECTION 12. Coordinating Agency – The National Epidemiology Center is hereby authorized to assist the DOH and DOLE in conducting compulsory HIV Testing.
SECTION 13. Appropriations - Such sums as may be necessary to carry out this act are hereby authorized to be appropriated from the National Treasury.
SECTION 14. Penalties for violating this act – All violations referred to this act shall be punishable with a penalty of imprisonment for six (6) months to four (4) years and a fine not exceeding twenty thousand pesos (P 20,000). In addition, licenses/permits of private companies found guilty of violating this act shall be revoked. Also, head/s of government agencies found guilty of violating this act shall be removed from office.
SECTION 15. Separability Clause – If any provision or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision shall remain valid and subsisting.
SECTION 16. Repealing Clause – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this act is hereby repealed, modified or amended accordingly.
SECTION 17. Effectivity Clause – This act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
Approved,Labels: health
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