Philippine Hiv and Aids Policy Act and Its Implementing Rules and Regulations
Philippine Hiv and Aids Policy Act and Its Implementing Rules and Regulations
Philippine Hiv and Aids Policy Act and Its Implementing Rules and Regulations
*high risk behavior – being involved sa activities with high risk of transmitting Its essence is the right to be left alone or the right to be free from unwarranted
or acquiring HIV exploitation of one’s person from intrusion into one’s private activities.
EVOLVING CAPACITIES OF THE CHILD These are the violations considered of confidentiality:
Article 5 of the Convention on the Rights of the Child recognizing the Disclosure ng confidential HIV and AIDS info without written consent of
developmental changes and the corresponding progress sa cognitive abilities the PLHIV
and capacity for self determination Media disclosure without written consent of PLHIV
Waiver of confidentiality occurs when a PLHIV violated section 4 of RA
*child- minor atleast 15 yrs old but less than 18 years of age 10175- Cybercrime protection act of 2012 (cybercrime offenses),
section 25 of RA 10173 – Data Privacy Act of 2012 (unauthorized
MATURE MINOR DOCTRINE processing of personal info and sensitive personal information)
Legal principle that recognizes the capacity of some minors to consent
independently to medical procedures; aka Gillick Principle or Gillick However, confidentiality rule is not absolute dahil may mga exception parin:
Competence which was decided in 1986 by the English House of Lords Compliance with reportorial requirements of the DOH
Informing other health workers directly involved in the treatment or
HIV TESTING care of PLHIV
Any facility based, mobile medical procedure or community-based screening Responding to subpoenas
modalities that are conducted to determine the presence or absence of HIV in a
person’s body. It could be compulsory or voluntarily. It has two aspects:
Screening test – initial serologic test to determine the presence of WHO CAN RECEIVE RESULTS
antibodies against HIV 1 and HIV 2. It includes, but is not limited, to: Pag may kakayahan ka na mag isip and magdecide, so sayo lang and
Enzyme immunoassay dun sa nagconduct ng test madidisclose yung results
Particle agglutination Pero kung may mental incapacity ka, below 15 and orphan so either
Rapid immunoassay sa parent, legal guardian or licensed social worker
Confirmatory test – performed sa samples na reactive sa
screening test to ensure na true positive. Reactive samples are PARTNER NOTIFICATION
referred sa NRL-STD/AIDS Cooperative Central Lab of the San Kunware nakatransmit ako ng STI like HIV, so bibigyan ako ng
Lazaro Hospital (NRL-SACCL/SLH); while reactive blood support para masabi ko sa partner ko na naexpose sa infection.
units/donors are turned over sa NRL-RITM. Confirmatory tests So ayun dapat e any person na positive sa HIV ay inaasahan na
includes, but is not limited, to: sabihin sa kanilang mga asawa or sexual partners na ganon na nga.
Western Blot
Line Immunoassay DISCRIMINATION
Immunoflourescene assay Unjust treatment to any person, it is inimical to public interest.
Polymerase chain reaction Gender expression – how you represent yourself
Rapid HIV diagnostic algorithm (rHIVda) – new Gender Identity – LGBTQ
confirmatory procedure in the Philippines Sexual orientation – Homo, hetero, or asexual (attraction)
*HIV testing labs shall have licensed medical technologist with training
sa HIV proficiency testing certified by the NRL-SACCL/SLH, and the Acts constituting discrimination:
proficiency certification is valid for three years. 1. In workplace (hindi ka tinatanggap; auto reject agad)
2. In learning institution (refusal din, expulsion and more)
COMPULSORY HIV TESTING is prohibited by the law pero pwede siya sa ff: 3. Restriction on travel habitation (refusal sa lawful entry)
When charged with any of the offenses punishable under Articles 264 4. Restriction on shelter (ayaw patirahin)
and 266 on serious and slight physical injuries (injecting injurious 5. Prohibition from seeking or holding public office
substance like HIV) and 335 and 338 in rape and simple seduction 6. Exclusion from credit and insurance services
(element ay sexual intercourse) both of act 3815 or the revised penal 7. In hospitals and health institutions
code as amended, and as also amended by RA 8553 aka anti rape law of 8. Denial of burial services
1997 9. Act of bullying
When it is necessary para maresolve ang relevant issues under EO 209
known as the Family Code ng Philippines. Example if HIV + yung asawa STIGMA
tas sinecret niya lang noon pa, pwedeng ground yon for fraud leading Dynamic devaluation and dehumanization of an individual in the eyes of others.
to annulment
Pag nagdodonate ng blood syempre under RA 7719, dapat itest palagi BULLYING
ang donated blood for HIV Severe or repeated use by one or more persons of a written, verbal, or electronic
expression or physical act or gesture or any combination na nagcacause ng fear or
HIV COUNSELLING emotional harm or damage to property
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 Immunoassay – preliminary screening based on
antibody-antigen reaction:
AND ITS IMPLEMENTING RULES AND REGULATIONS Enzyme immunoassay (EIA)
(RA 9165) – June 07, 2003 Enzyme multiplied immunoassay
technique (EMIT)
July 11, 2003 – DOH promulgated Implementing Rules and Flourescence polarization
Regulations Governing the accreditation of drug testing laboratories Radioimmunoassay (RIA)
in the Philippines; standardizes the procedure of drug testing Chromatography – separation of mixture ang
nationwide, from screening hanggang confirmatory main outcome. Mixture of substance is separated in
October 2003 – DOH designed computer based system called stationary medium. Types are:
INTERIM DRUG TEST OPERATIONS AND MANAGEMENT Thin-layer chromatography (TLC)
INFORMATION SYSTEM (IDTOMS) which captures data for Gas chromatography (GC)
accrediting DTLs and rehabilitation centers, drig testing operations at Liquid chromatography (LC)
different levels.
January 05, 2009 – DOH started nationwide implementation of o Confirmatory Lab – performs qlty and qty exams
IDTOMS. Central data is located in Health Facilities Service PATHOLOGIST
Regulatory Bureau (HFRSB) operating 24 hrs and seven days FULL TIME CHEMIST WITH MASTERS
week. And yung kelangan lang nila ay computer unit na accessible lang DEGREE IN CHEM OR BIOCHEM, training with
sa authorized users of the system with internet syempre hehe chromatography, spectroscopy
They are required na magpasa ng
RA 9165 proficiency test administered ng
Special penal law with 102 sections pero focus lang tayo sa pang medtech hehe. Isa EAMC
sa pinaka importante mamsh na mandate dine for the DOH is to license accredit, 60 sqm (floor area)
establish, and maintain the drug test network and lab and to initiate, conduct, and 30 sqm (work area)
support scientifivs research on drugs and drug control (HABA)
Confirmatory Test ay quantitative test referring sa analytical
Ang DOH thru HRSRB lang ang may kakayahan na magbigay license oki procedure used to identify and quantify the presence of a specific drug
or metabolite which is independent of the initial test and which uses a
Implementing rules and Regulations Governing the Accreditation of DTL in different technique and chemical principle from that of the screening
the Philippines – governing IRR which standardizes the procedures of drug test in order to ensure reliability and accuracy. IT SHALL DECLARE
testing services in the Philippines; covers both gov and private DTLs THE PRESENCE OR ABSENCE AND THE IDENTITY OF THE
DRUG/METABOLITE TESTED AND YUNG CONCENTRATION BHIE.
MOST ABUSED PROHIBITED DRUGS SA PINAS Kunware positive and hindi mo and hindi mo siya narefer, ay pwedeng
SHABU maglead sa suspension or revocation of accreditation.
o Meth, crank, crystal meth, speed Hyphenated technique – combination ng 2 sophisticated
o Synthesized in JAPAN noong 1888 by Dr. Nagai Nagayoshi technologies (GAS CHROMA – MASS SPECTRO OR LC – MS,
o Active chemical: Ephedra plant, stimulant called GC – MS – MS, OR LC-MS-MS)
ephedrine
o Synthesized next in crystal form in 1919 by akira ogata Ang original copy ng test result ay binibigay agad don sa client/donor immediately
Used phosphorus and iodine to reduce the ASAP. Yung ibang copies ay ibibigay sa DOH na dapat ay may membrane of the
ephedrine into a crystallized form, creating the registered drug testing kit for screening tests and copy ng chromatogram in the
world’s first crystal meth case of confirmatory tests and sa requesting agency. The DTL SHALL RETAIN ONE
o Active metabolite: methamphetamine hydrochloride COPY AND LAHAT DAPAT NG RESULTS NA MAOOBTAIN AY MAY PIRMA NG
MARIJUANA ANALYSTS AND THE HEAD OF THE DTL. YUNG RESULTS AY VALID FOR ONE
o Aka CANNABIS SATIVA or POT YEAR MWEHE.
o Dati for herbal medicine sa ASIA noong 500 BC talaga kaso
SINO ANG REQUIRED MAG UNDERGO NG DRUG TESTING?
hays
Lahat ng may baril, or police, may criminal offense, candidates for
o Active metabolite: tetrahydrocannabinol (THC)
public office, and yung mga taong nagviolate ng RA 9165 _
MANDATORY DRUG TESTING
DRUG TESTING LAB (DTL)
Yung mga students ng secondary and tertiary schools saka yung
Monitored by HFSRB OR CHD
officers and employees mapa gov man or private, domestic or
overseas _ RANDOM DRUG TESTING
Private or gov facility na may kakayahan na magtest ng specimen to determine
presence ng dangerous drugs. It could be based on:
PERO YUNG HINDI NA REQUIRED SA NAG APPLY FOR DRIVERS LICENSE.
Ownership
Yung mga pasaway lang na driver ang masusubject sa mandatory drug
o Gov
testing and alcohol tests under RA 10586 – ANTI DRUNK AND DRUGGED
o Private
DRIVING ACT OF 2013
Institutional Character
o Institution based – located sa premises and operates as TECHNICAL REQUIREMENTS AND LABORATORY EQUIPMENT
part ng institution Accreditation refers to the formal authorization issued by the DOH to an
Headed by licensed phycisian individual, or anything with all the licensing and accreditation requirements
Atleasr 10 DTLs lang ang allowed sa as prescribed sa Manual of Operations for Drug Testing Laboratories of DOH.
licensed physician na ito Dapat nakalagay ditto yung pangalan ng owner, head ng lab, classification ng
Chemist DTL, and its validity period.
Medtech
Pharmacist Drug Analysts
Yung validity ng screening lab ay one year.
Chem engr Yung validity ng confirmatory lab ay two years.
o Freestanding DTLs – miss independent Application for renewal shall be filled 90 days before the expiry
Service Capability date
o Screening Lab – performs screening test.
If freestanding: headed by pathologist and Yung screening lab ay dapat mayroong:
licensed physician with clin labman o Immunoassay equipment of BFAD registered drug testing
training kits or
DAPAT FULL TIME o Thin layer chromatography
20 SQM (floor area) o Refrigerator
10 sqm (work area)
Yung confirmatory lab naman ay dapat”
o Gas chromatography mass spectrometer (GC-MS)
Screening test are qualitative test to eliminate negative
o High performance liquid chromatography mass
specimens from further considerations and to identify
spectrometer (HPLC-MS), or other accepted modern
the presumptively positive specimens. Ang narerelease
equipment
na results ay NEGATIVE AT POSITIVE. So eto yung mga
Lab oven
pwedeng gawin under ST:
Analytical balance
Refrigerator Estimates bacterial coliform
Freezer o Biological analysis lab
Fume hood Biological org like plankton
The core of bioethics is to assess health care providers in making sound The principle of respect for autonomy entails the healthcare professional
decisions before each using any medical intervention to any person at any should respect the autonomous decisions of competent adults this principle
stage of his or her life. simply in the elucidates the ability of a person to give consent. The application
for this principle is very critical in other bioethical issues such as abortion ,
Ethics is a branch of philosophy that deals with the morality of human conduct it suicide , and euthanasia , especially when application will entail the risk of
is also defined as a formal study of moral choices s form to standard of conduct. destruction of life.
Morality is a quality of human conduct. The principle of beneficence holds the health care should aim to do good. If a
candidate is tested when the principle of respect for autonomy and the
In aristotle's work ethics is concerned with what a person should do that is principle of beneficence , the former will prevail.
if a person has something then a person does it for a reason. Nothing is the
intellect that was not first in the senses. The principle of nonmaleficence requires that healthcare professionals should
do no harm.
German philosopher immanuel kant believed that the ideal behavior was
acting in accordance with one's duty for him , well-being meant having the The principle of justice holds the healthcare professional give fair share the
freedom to exercise autonomy , not being used as means to an end , being interests of different individuals or groups are in competition.
treated with dignity , and having a capability to think rationally. • Comparative justice refers to balancing the competing interests of
individual and groups against one another . It is observed by giving priority to
Ethics by nature becomes a tool to determine whether the answer or emergency cases , persons with disabilities , pregnant women , and senior
behavior is grounded for a reason and whether such reason fulfills what is citizens because of their higher interest at healthcare services as well as special
important to a person are in accordance with fans duty. medical attention demanded by the situation.
• distributive justice refers to the fair distribution . It is implemented by
Normative ethics seeks to set norms or standards for conduct the term is observing the first come first served policy in providing clinical laboratory
commonly used in reference to the discussion of general theories about one services without distinction of their inherent interests.
ought to do.
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Metaethics also known as analytical ethics does not deal with substantive
content in of ethical theories or moral judgments but rather with questions about Professional ethics is concerned with standards in moral conduct that govern a
their nature , such as the question whether moral judgments or objective or profession and its members.
subjective .
Healthcare ethics is the field of applied ethics that a compass is to vast array of
Applied ethics or practical ethics is the application of normative ethical moral decision-making situations that arise in a practice of medicine in addition
theories to practical problems . It is a definite application of ethics to a to the procedures in the policies that are designed to guide such practice.
specific bioethical issues .
The revised code of ethics for medical technology was enacted on march 7
* According to socrates morality refers to how we ought to leave me and 1997 and serves as the basis of the professional ethics of the profession.
why. However the code of ethics cannot guarantee ethical behavior or can you
solve ethical issues in this field or capture the richness and complexity
An act is said to be a human act when performed by persons full knowledge involved in striving to make responsible choices within a moral community .
or intelligence on his own volition and free will . Thus , the following are Rather a code of ethics sets forth the values , ethical principles and
factors that affect human acts which is knowledge , freedom , and standards that professionals aspired to uphold and actions can be judged.
voluntariness. Any absence of the three will not qualify as a human act but
rather an act of human. LIABILITIES OF MEDTECH
1. imprudence indicate a deficiency of action . Negligence points to a deficiency
RELATIONSHIP BETWEEN LAWS AND PUBLIC MORALITY of perception . If a person feels to take the necessary precaution to avoid
injury to a person , imprudence is present . If a person fails to pay proper
LAWS ENACTED BECOME EXPRESSIONS OF PUBLIC MORALITY. As justice attention and use due diligence in for seeing the injury or damage about to
holmes put it the law is weakness in deposit of our moral life. occur , this is negligence . It is usually involves lack of foresight . Imprudence
usually involves lack of skill.
Law has also been defined as something mean create enterprise moments to 2. res ipsa loquitur translate to the thing speaks for itself . The doctrine
protect themselves in their worst moments. Load deals with the minimum where the thing which causes injury is shown to be under the management of the
standards of human can acquire morality is answering with the maximum. Law offender , and the accident is such as in the ordinary course of things does not
also serves as a helpful starting point for thinking about improper or idea public happen if those who have the management use proper care , it affords reasonable
morality for a society and pursuit of moral progress. evidence in the absence of an explanation by the offender the accident arose
from want of care.
BASIC BIOETHICAL PRINCIPLES 3. The medical technologies can also be criminally liable if he/ she commit
violations. Crime is a generic term and if crimes punishable by the revised
THE STEWARDSHIP PRINCIPLE EMBODIES A CONCEPT THAT A STEWARD penal code then the crime is called felony but if the crime is penalized by other
HAS OBLIGATION TO TAKE GOOD CARE IN IMPROVE EATING OR ASSET AND special penal laws it is called an offense.
TRUSTED TO HIM OR HER.
BIOETHICAL ISSUES.
The totality principle means that the parts of the physical entity as parts or
ordained to the good of the physical whole . In the medical perspective it is PRO-LIFE DEMANDS FOR RESPECT AND PROTECTION OF LIFE WHILE PRO-
referring to the parts of human body as parts are main to exist in function for the CHOICE ATTEMPTS TO CALIBRATE THE EXTENT OF RESPECT AND
good of the whole body and toes naturally subordinated to the good of the whole PROTECTION DUE TO LIFE . A BIOETHICAL ISSUE ST FRIEND FROM A LEGAL
body. Classical period in dealing with concerns about methylation organ ISSUE . THE FORMERLY FORCE APPLICATION OF ETHICAL PRINCIPLES TO
donation and transplantation while preserving the sanctity of life. ASCERTAIN ETHICAL INQUIRY , WHILE THE LATTER IS CONCERNED WITH THE
INTERPRETATION OR APPLICATION OF THE LOAD TO CERTAIN GIVEN FACTS
The double effect principle can contain set it is permissible to cause harm
as a side effect of bringing about a good result even though it would not be • ABORTION REFERS TO THE TERMINATION OF PREGNANCY BEFORE THE
permissible to cause such a harm as a means to bring about the same good VIABILITY OF THE FETUS IT IS THE WILLFUL KILLING OF THE FETUS IN
end. THE UTERUS OR THE VIOLENT EXPLOSION OF THE FETUS FROM THE
MATERNAL WOMB WHICH RESULTS IN LESS . SEVERAL FORMS OF ABORTION
The principle of corporation is a bioethical concept that differentiate the action EXISTS SUCH AS THOSE DUE TO NATURAL CAUSES THOSE PERFORMED FOR
of the wrongdoer from the action of the operator there are two types: PERSONAL REASONS , OVERT ACTS , AND TO STAND FOR MEDICAL REASONS
LIKE THERAPEUTIC ABORTION . Abortions that are classified as therapeutic are
- formal cooperation is a find as willing participation on a part of the the focus of most ethical concerns. In a conflict situation between life of child
cooperative agent in the sinful act of the principal-agent and the life of mother the doctor is morally obliged always to try to save
- material cooperation occurs when the operator does not intend the object of both lives . Ever he cannot act in favor of one when it is medical impossible
to save both , provided that no direct harm is intended to the other . Hands
the doctor will not be guilty of abortion or murder . The mother is never
pitted against the child because both their lives are equally valuable.
• euthanasia or mercy killing is a practice of painlessly putting to death a
person suffering from an incurable disease . Euthanasia may be active (act of
commission) or passive (act of ommission). Active euthanasia are positive
within asia involves actions that speed up the process of dying in passive
euthanasia are negative there is no heroic measure taken to preserve life .
Thus , the ethical issue in euthanasia whether active or passive , revolves
around and who has the right to determine the death or survival of a
patient.
Tissue transplanted from one part of the body to another in the same individual
is called autograph are auto transplant.