Key Benefits:
Bs. As., 1/7/91
VISTO Law No. 23.798, and
CONSIDERING:
Article 22 of the Act provides that the NATIONAL EXECUTIVE POWER shall regulate the provisions of the Act with a national scope.
Consequently, the adoption of such regulations is necessary.
It acts in the use of the powers conferred by article 86, subparagraphs (1) and (2) of the NATIONAL CONSTITUTION and by article 12 of Act No. 16.432, incorporated in Act No. 11.672 (Permanent Budget Complementary).
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 ArtÃculo Approve the regulation of Act No. 23,798, which declared the fight against the acquired immunodeficiency syndrome (AIDS) of national interest, which as Annex I is an integral part of this decree. Art. 2o o Refer to the scope of the MINISTERY OF HEALTH and SOCIAL ACTION, Special Account No. 23,798 with the corresponding operating regime in a grid annexed to the present. Art. 3o o Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM. . Avelino J. Porto.________
NOTE: The Anti-Article 2 Template is not published.
ANNEX I TO DECRETO NRO. 1244/91
Law No. 23,798
ARTICLE 1 . Incorporate AIDS prevention as a subject in the education programmes at the primary, secondary and tertiary levels of education. In the area of its competence, MINISTERIO DE CULTURA AND EDUCATION will act, and the Provinces and Municipality of the City of Buenos Aires will be invited to do the same.
Article 2 (a) and (b) s The provisions of the American Convention on Human Rights, called the San José Pact of Costa Rica, adopted by Law No. 23.054, and the Anti-Discrimination Act, No. 23.592.
Subparagraph (c) Los Medical professionals, as well as anyone who, by their occupation, learns that a person is infected by the HIV virus, or is ill with AIDS, are prohibited from revealing such information and cannot be forced to supply it, except in the following circumstances:
1 . To the infected or sick person, or to his representative, if it is an incompetent.
2 . Another medical professional, when necessary for the care or treatment of an infected or sick person.
3 s A los entes del SISTEMA NACIONAL DE SANGRE, created by article 18 of Act No. 22.990, referred to in subparagraphs (a), (b), (c), (d), (e), (f), (h), and (i), of this article, as well as to the bodies covered by article 7 of Act No. 21.541.
4 . To the Director of the Hospital Institution or, where appropriate, to the Director of his Hemotherapy Service, in relation to infected or ill persons who are assisted in them, when necessary for such assistance.
5 . To the Judges by virtue of a judicial order issued by the Judge in criminal cases or in which family matters are sold.
6 . The establishments referred to in article 11, subparagraph (b) of the Adoption Act, No. 19.134. This information may only be transmitted to substitute parents, guardians or future adopters.
7 . Under the responsibility of the doctor to whom or who should have that information to avoid a greater evil.
Subparagraph (d) . unregulated.
Subparagraph (e) . A code that combines sex (S), the first two (2) letters of the name (DLN), the first two (2) letters of the last name (DLA), the day of birth (DN), the month of birth (MN) and the year of birth (AN), this in four (4) digits. The months and days of one (1) single digit will be presented by number zero (0).
In addition, this code will be associated with an irrepetible control number that sets the difference between identical codes. (Replaced by art. 1 Decree No. 881/2001 B.O. 12/07/2001)
ARTICLE 3 . The MINISTERY OF HEALTH AND SOCIAL ACTION will seek the collaboration of the health authorities of the provinces, as well as the complementary provisions that they dictate have concordance and uniformity of criteria.
Health authorities are considered to apply the present to the MINISTERY OF HEALTH and SOCIAL ACTION through the SUBSECRETARIA DE SALUD, and to the highest authorities in that area in the Provinces and in the MUNICIPALITY OF THE CIUDAD OF GOOD AIRES.
ARTICLE 4o O
Subparagraph (a) . Unregulated.
Subparagraph (b) . Unregulated.
Subparagraph (c) . Unregulated.
Subparagraph (d) . Unregulated.
Subparagraph (e) . Unregulated.
Subparagraph (f) el For the purpose of this subparagraph, please believe the TECHNICAL SCIENTIFIC ADVISORY GROUP, which will collaborate with the NATIONAL COMMITMENT AIDS under article 8 of Decree 385 of 22 March 1989. Its composition and mechanism of action will be established by the Ministry of Health and Social Action.
ARTICLE 5o . The authorities of each of the institutions mentioned in Article 5 of Law No. 23,798 shall provide what is necessary to comply with the provisions of this Law and, in particular, the provisions of articles 1o, 6o and 8o.
They shall also expressly inform the members of the population of these institutions of the provisions of articles 202 and 203 of the Criminal Code.
ARTICLE 6 . The treating medical professional will determine the diagnostic measures to be submitted by the patient, with the consent of the patient. You will be assured of confidentiality and, upon confirmation of the results, will advise you properly.
This will be recorded in the form to be adopted by the Ministry of Health and Social Action, observing the procedure set out in article 8.
ARTICLE 7 7 For the purposes of the Law, the biological tissues and liquids of human origin will be considered equivalent to the organs.
They shall apply to article 21 of Act No. 22.990 and article 18 of Decree No. 375 of 21 March 1989.
ARTICLE 8 . The information required will be done by means of a fruitful notification. Such notification shall be reserved, understood in original and duplicate, and shall be delivered personally to the carrier of the HIV virus. This will return the signed copy that will be filed by the treating doctor as a record of compliance with the provisions of this article.
It is understood by "professionals who detect the virus" to treating doctors.
ARTICLE 9 . The MINISTERY OF HEALTH AND SOCIAL ACTION will determine the controls mentioned in Article 9 of the Law. The MINISTERY OF INTERIOR shall allocate to the NATIONAL DIRECTION OF MIGRATIONS the necessary resources for its implementation.
ARTICLE 10. . The notification of the disease and, if any, of the death shall be fulfilled exclusively by the professionals referred to in article 4 (a) of Act No. 15.465, and the provisions of article 2 (e) of this regulation are noted.
All communications shall be addressed to the MINISTERY OF HEALTH and SOCIAL ACTION and to the sanitary authority of the place of occurrence, and shall have the reserved character.
ARTICLE 11. . The health authorities will carry out epidemiological surveillance programs in order to comply with the information. Only quantities will be recorded, without identification of persons.
ARTICLE 12. The MINISTERY OF HEALTH and SOCIAL ACTION shall establish the biosafety rules referred to in article 12 of the Law. Staff who handle the material referred to in this note shall be trained through continuous and compulsory compliance programmes, and shall be given written record of having been instructed on the rules to be applied.
ARTICLE 13. Unregulated.
ARTICLE 14. . At the national level the Ministry of Health and Social Action will be competent authority.
ARTICLE 15. El The MINISTERY OF HEALTH AND SOCIAL ACTION, as a competent authority, will enable a national register of offenders, whose data will be taken into account for the application of the appropriate penalties in case of recidivism. You may request the competent authorities of the Provinces and the MUNICIPALITY of the CIUDAD DE BUENOS AIRES the information necessary to keep this record updated.
ARTICLE 16. Unregulated.
ARTICLE 17. Unregulated.
ARTICLE 18. Unregulated.
ARTICLE 19. Unregulated.
ARTICLE 20. Unregulated.
ARTICLE 21. Unregulated.
ARTICLE 22. Unregulated.
