On Combating The Spread Of The Disease Caused By The Human Immunodeficiency Virus (Hiv) Infection

Original Language Title: О противодействии распространению заболевания, вызываемого вирусом иммунодефицита человека (ВИЧ-инфекция)

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15103

 
On combating the spread of the disease caused by the human immunodeficiency virus (HIV) infection * translated from the official language of Turkmenistan.
 
This law sets out the legal, organizational and economic basis for the prevention of disease caused by the human immunodeficiency virus.
 
Chapter i. General provisions article 1. The basic concepts used in this law, the concepts used for the purposes of this Act, indicate the following: 1) human immunodeficiency virus (hereinafter referred to as "HIV) is the virus that causes the immune deficiency of the human body;
2) HIV infection is a chronic infectious disease caused by HIV;
3) HIV-infected person is a person in the body which identified HIV;
4) acquired immunodeficiency syndrome (AIDS) is the final stage of HIV infection of various kinds of heavy and dangerous diseases, caused by deep lesions of the human immune system;
5) medical examinations for HIV-survey on HIV, accompanied by conduct pre-and posletestovogo consulting;
6) compulsory medical examination on HIV-medical examination of persons, which is a mandatory requirement for certain categories of persons defined by the present law, as well as individuals, the list of which is determined by the Ministry of health and medical industry of Turkmenistan;
7) compulsory medical examinations for HIV-medical examination of the person in respect of whom there are reasonable grounds to believe that he submit detected HIV infection conducted without his consent or without the consent of his legal representative in cases and by the procedure defined in this law and other normative legal acts of Turkmenistan;
8) anonymous medical examination on HIV voluntary medical examination of the persons to identify HIV, conducted without presenting identity documents and personal information without informing the person passing examinations;
9) confidential medical HIV testing-medical examination of persons on HIV, which while maintaining the confidentiality of the information is guaranteed by the fact of passing HIV survey and its results;
10) sick (GF) is a person who is in the final stage of HIV infection, suffering from severe and dangerous disease leading to death from a deep lesion to the human immune system;
11) biological fluids-liquids that produces human body: blood, seminal fluid, cerebrospinal fluid, the fluid genitals, breast milk, saliva, sweat, tear, urine;
12) antiretroviral drugs (ARVs) are medicines that affect HIV, allowing to sharply reduce virus content in human blood and prolong the life of HIV-infected persons.
 
Article 2. The legislation of Turkmenistan on combating the spread of the disease caused by the human immunodeficiency virus (HIV) 1. The legislation of Turkmenistan on combating the spread of the disease caused by the human immunodeficiency virus (HIV), is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. If the international treaties of Turkmenistan envisages provisions other than those contained in this Act, the provisions of international treaties.
 
Article 3. The main directions of the State policy in the sphere of combating the spread of diseases caused by the human immunodeficiency virus (HIV) infection, the main directions of the State policy in the sphere of combating the spread of diseases caused by the human immunodeficiency virus (HIV) (hereinafter referred to as "opposition to the spread of HIV-infection) are: 1) raising the educational level of the population in regard to healthy living, spiritual values and sex education, including the provision of information to the population on HIV-infection;
2) implementation of measures for combating the spread of HIV by providing modern, relevant international standards, test-systems for timely diagnosis of HIV;
3) ensuring the availability and security of medical examinations for HIV with the holding of the pre-and posletestovogo advice based on confidentiality and anonymity;
 4) conducting anonymous HIV medical examination free of charge;
5) confidentiality of information about the medical examination on HIV and its results;
6) Organization of security control used in diagnostic, therapeutic and scientific purposes of medicines, body fluids, organs and tissues of the human body;
7) implementation of sanitary-and-epidemiologic supervision over the safety of therapeutic and diagnostic procedures carried out in medical institutions, as well as the measures to counter the spread of HIV-infection during the provision of beauty, hairdressing and other services related to the possibility of the integrity of skin and mucous membrane of the human body;
8) implementation of epidemiological monitoring of HIV infection in the territory of Turkmenistan taking into account compliance with the privacy principles;

9) ensuring access to means of prevention (condoms), allowing to prevent the spread of HIV infection and HIV infection through sexual contact;
10) provide free access to HIV-infected persons and AIDS patients to receive all types of diagnostic, therapeutic and counselling, drug availability in hospitals;
11) social assistance to HIV-infected persons and AIDS patients, promoting their education, employment, further training and retraining;
12) security working conditions and means of individual protection of medical workers and other professionals, with the risk of HIV infection;
13) inclusion in the curricula of educational institutions of thematic sections on HIV-infection;
14) training for implementation of activities on HIV-infection;
15) research on HIV-infection;
16) conduct mandatory testing to identify HIV in the blood (its components), obtained from donors and other biological fluids, organs and tissues of the human body to ensure the prevention of HIV transmission when used in medical practice and research;
17) provision of customs and tax concessions on entry into Turkmenistan medicines intended for the treatment and prevention of HIV infection in the manner prescribed by the legislation of Turkmenistan;
18) development of international cooperation in combating the spread of HIV infection.
 
Article 4. Financing of activities in the area of combating the spread of HIV Funding activities in the field of HIV-infection is carried out at the expense of the State budget of Turkmenistan, as well as other sources not prohibited by Turkmen law.
 
CHAPTER II. State regulation and control in the field of HIV-INFECTION Article 5. Authorities exercising State regulation and control in the field of HIV-infection bodies exercising State regulation and control in the sphere of combating the spread of HIV infection are the Cabinet of Ministers of Turkmenistan, Ministry of health and medical industry of Turkmenistan, national AIDS Prevention Centre Directorate of communicable disease centres of the Ministry of health and medical industry of Turkmenistan (hereinafter referred to as the authorized body), other government agencies operating in the field of HIV-infection, local executive bodies and local governments within the limits of their competence.
 
Article 6. Competence of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) defines a uniform State policy in the sphere of combating the spread of HIV infection;
2) publishes the normative legal acts in the sphere of combating the spread of HIV infection;
3) approves the national programme of Turkmenistan on combating the spread of HIV infection;
4) coordinates the activities of bodies of State power and administration and local self-government bodies in combating the spread of HIV infection;
5) perform other functions in the field of HIV-infection, referred to his competence, legislation of Turkmenistan.
 
Article 7. The competence of the Ministry of health and medical industry of Turkmenistan, the Ministry of health and medical industry of Turkmenistan: 1) implements a uniform State policy in the sphere of combating the spread of HIV infection;
2) provides an implementation of the national programme of Turkmenistan on combating the spread of HIV infection;
3) publishes the normative legal acts in the sphere of combating the spread of HIV infection;
4) coordinates the work of the inter-agency co-ordinating Committee to tackle the spread of HIV infection;
5) monitors the implementation of measures to counter the spread of HIV infection;
6) provides the laboratory for diagnosis of HIV treatment-and-prophylactic institutions of modern equipment, test-systems for HIV diagnosis, relevant international standards;
7) undertakes to ensure the authorized body means prevention of HIV (condoms) to help prevent the spread of HIV infection and the infection of HIV and antiretroviral drugs with a view to establishing a reserve to use in case of HIV infection;
 8) carries out epidemiological supervision in the field of HIV-infection in the territory of Turkmenistan;
9) defines the procedure for providing medical assistance to HIV-infected persons;
10) ensures implementation in hospitals of new modern methods of prevention, diagnosis, treatment of HIV infection;
11) organizes scientific research related to diagnosis of HIV and the measurement of results of treatment of HIV infection;
12) provides professional development and retraining of health professionals working in the field of HIV-infection;

13) carries out certification of medical personnel carrying out activities in the area of combating the spread of HIV infection;
14) promotes international cooperation in the field of HIV-infection;
15) develops and submits for approval by the Cabinet of Ministers of Turkmenistan Turkmenistan national programme to tackle the spread of HIV infection;
16) alleges: (a)) regulations on authorized body;
(b)) Situation concerning medical examination for HIV;
ç) Interagency Coordinating Committee on the implementation of the national programme of Turkmenistan on combating the spread of HIV infection;
d) composition of the Interdepartmental Coordinating Committee on the implementation of the national programme of Turkmenistan on combating the spread of HIV infection;
17) exercise other functions in the field of HIV-infection, referred to his competence, legislation of Turkmenistan.
 
Article 8. Competence of the authorized body Empowered body: 1) implements a uniform State policy in the sphere of combating the spread of HIV infection;
2) implements a national programme for Turkmenistan on combating the spread of HIV infection;
3) participates in preparation of normative legal acts in the sphere of combating the spread of HIV infection;
4) exercises control in the area of combating the spread of HIV infection;
5) develops documents to provide organizational-methodical assistance in the prevention of HIV infection, the identification of HIV-infected persons, the improvement of preventive and curative interventions;
6) provides the organizational-methodical help treatment-and-prophylactic institutions in activities for the prevention of entry into the territory of Turkmenistan and the spread of HIV infection, and monitors their implementation;
7) provides a laboratory for the diagnosis of HIV treatment-and-prophylactic establishments test-systems for the diagnosis of HIV, exercises control over the quality of research and provides them with the organizational and methodological assistance;
8) carries out training, including outside of Turkmenistan conducts certification specialists with higher professional secondary vocational education, working in laboratories for the diagnosis of HIV;
9) organizes activities to identify HIV-infected persons and AIDS patients, conducts anti-retroviral treatment, provides clinical supervision and measures to provide social assistance;
10) informed health professionals about the science in the field of HIV-infection among the population and conducts awareness-raising aimed at the prevention of HIV infection;
11) conducts preventive, diagnostic, therapeutic activities associated with HIV infection and epidemiological surveillance of HIV infection;
12) conducts scientific research in the area of combating the spread of HIV infection;
13) exercise other functions in the field of HIV-infection, referred to his competence, legislation of Turkmenistan.
 
Article 9. The competence of other State bodies involved in combating the spread of HIV infection, the local authorities and local self-government, other State bodies involved in combating the spread of HIV-infection, local executive bodies and local governments: 1) participate in the implementation of a uniform State policy in the sphere of combating the spread of HIV infection;
2) participate in the implementation of the national programme of Turkmenistan on combating the spread of HIV infection;
3) interact with the notified body in carrying out activities in the area of combating the spread of HIV infection;
4) carry out explanatory work among the population on prevention and combating the spread of HIV infection;
5) perform other functions in the field of HIV-infection, referred to their competence, legislation of Turkmenistan.
 
CHAPTER III. MEASURES TO COMBAT the SPREAD of HIV-INFECTION Article 10. Medical institutions carrying out activities for the prevention, diagnosis, treatment of HIV-1 infection. Prevention, diagnosis of HIV infection, the epidemiological surveillance of HIV infection, clinical supervision for HIV-infected persons are carried out by the notified body, AIDS prevention centres velayats.
2. Laboratory testing for the presence of HIV infection conducted blood center Directorate centres of infectious diseases of the Ministry of health and medical industry of Turkmenistan, blood banks, clinical-diagnostic laboratories medical institutions in the regions.
3. Diagnosis, treatment and other interventions for HIV-infected persons and AIDS patients are carried out by medical institutions within the limits of their competence.
4. actions to counter the spread of HIV infection are carried out on the basis of and pursuant to the procedure established by this law and other normative legal acts of Turkmenistan, together with the relevant ministries and departments of Turkmenistan, local executive authorities and bodies of local self-government.

5. public associations in accordance with the present law and its statutes shall support and assist in the implementation of measures to counter the spread of HIV infection.
6. actions to counter the spread of HIV infection can be done through cooperation with international organizations and foundations.
 
Article 11. The rights and obligations of Turkmen citizens, foreign citizens and stateless persons to medical examinations for HIV 1. Citizens of Turkmenistan, as well as foreign citizens and stateless persons residing or staying in the territory of Turkmenistan have the right to voluntary, confidential, anonymous medical HIV testing in public health institutions of Turkmenistan.
2. Turkmen citizens, foreign citizens and stateless persons residing or staying in the territory of Turkmenistan, were required to undergo a medical examination in the presence of HIV epidemiological evidence established by the Ministry of health and medical industry of Turkmenistan.
3. Medical examinations for HIV children under the age of eighteen years shall be made with the consent of their parents or persons in loco parentis, and medical examination on HIV, recognized in the manner prescribed by the legislation of Turkmenistan, incompetent is made with the consent of their legal representatives. Parents or persons in loco parentis and legal representatives have the right to attend the specified clearance, familiarize yourself with the results and are required to maintain the confidentiality of the results obtained.
4. the procedure for medical examinations for HIV are set by the Ministry of health and medical industry of Turkmenistan. Certificate of medical examination in the absence of HIV is issued by the authorized body of the AIDS prevention centres and regions.
5. the staff of diplomatic missions, consular offices of foreign States, as well as persons on the territory of Turkmenistan diplomatic privileges and immunity, can be examined confidential HIV only with their consent. Medical examinations for HIV mentioned persons is carried out by the Ministry of health and medical industry of Turkmenistan in agreement with the Ministry of Foreign Affairs of Turkmenistan.
6. a person that has passed a medical examination on HIV has the right to conduct medical examinations for HIV in the same institution, as well as other medical institution, regardless of the length, since the previous survey.
7. at the request of the subject medical examinations for HIV can be anonymous.
 
Article 12. Types of medical examinations for HIV 1. A medical examination carried out HIV in the authorized body of the AIDS prevention centres and regions in accordance with the rules and regulations established by the Ministry of health and medical industry of Turkmenistan, in the voluntary, mandatory or enforceable.
2. voluntary medical examinations for HIV will be held with the presence of the informed consent of the subject person or his legal representative on it with strict confidentiality.
3. A compulsory medical examination on HIV conducted confidentially. Medical report on the results of the medical examinations for HIV obâzatel′nogo is issued to a person who passed the specified clearances, or his legal representative in the manner prescribed by the legislation of Turkmenistan.
4. compulsory medical examinations for HIV without consent of the subject person or without the consent of his legal representative in the manner prescribed by the legislation of Turkmenistan. The fact and the confidentiality of the results of the forced medical examinations for HIV are protected by law.
5. Medical examinations for HIV should be accompanied by pre-and posletestovym counseling in the manner prescribed by the Ministry of health and medical industry of Turkmenistan.
6. A person whose HIV infection has been identified, provided full information on State guarantees of his rights and obligations, as well as on the socio-psychological support services.
 
Article 13. A compulsory medical examination for HIV 1. Obligatory medical examination in HIV: 1) donors of blood and other biological fluids, organs and tissues;
2) persons entering into the marriage, in order to create the conditions for the formation of healthy families, preventing the birth of HIV-infected children;
3) medical workers with when performing their duties, contact with blood and other body fluids, organs and tissues of the human body;
4) sick in front of small and large surgical operations;
5) pregnant women;
6) recipients of blood;
7) persons suffering from diseases transmitted by sexual contact;
8) persons in case of detection of HIV in their sexual partner;
9) faces suspicion they used drugs;
10) persons serving sentences in places of deprivation of liberty, as well as after release from places of deprivation of liberty;
11) children born to HIV-infected mothers;

12) foreign citizens and stateless persons.
2. persons refused from mandatory medical clearances for HIV may not be donors of blood and other biological fluids, organs and tissues.
3. In the case of HIV infection in health care workers, have in the course of their professional activities in contact with body fluids, organs and tissues of the human body, they in the manner prescribed by the legislation of Turkmenistan are subject to transfer to another position, where in the performance of their duties will have no contact with body fluids, organs and tissues of the human body.
 4. List of specialties of medical workers, for which labour is not allowed to use HIV-infected persons, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 14. Registration, record keeping HIV-infected individuals and clinical monitoring, epidemiological surveillance of HIV-1 infekciej. Registration, record keeping HIV-infected individuals and clinical monitoring, epidemiological surveillance of HIV infection are carried out confidentially in accordance with the legislation of Turkmenistan.
2. Conduct of the counting of persons living with HIV/AIDS and clinical supervision for them, as well as the procedure for the implementation of epidemiological monitoring of HIV infection shall be established by the Ministry of health and medical industry of Turkmenistan.
 
Article 15. The conditions of entry in Turkmenistan of foreign nationals and stateless persons 1. Diplomatic missions and consular institutions of Turkmenistan abroad in cases and by the procedure established by the legislation of Turkmenistan, shall issue an entry visa to Turkmenistan to foreign citizens and persons without citizenship by presenting them a certificate of medical examination in the absence of HIV.
2. In cases of deliberate evasion of foreign citizens and stateless persons residing or staying in the territory of Turkmenistan, from compulsory medical examinations for HIV, their continued presence in the territory of Turkmenistan shall be resolved in accordance with the legislation of Turkmenistan.
3. In the case of HIV among foreign citizens and stateless persons residing or staying in the territory of Turkmenistan, their continued presence in the territory of Turkmenistan shall be resolved in accordance with the legislation of Turkmenistan and the international treaties to which Turkmenistan is a party.
 
Article 16. Laboratory investigation of blood (her) 1. Compulsory laboratory research on HIV infection shall be blood (her) received from donors, other body fluids, organs and tissues of the human body intended for use in medical practice.
2. received Transfusions of blood donors (components) and use in medical practice of blood (her) received from donors and other biological fluids, organs and tissues of the human body are allowed only after their compulsory laboratory research on HIV infection and confirm the lack of HIV.
 
CHAPTER IV. Law and SOCIAL PROTECTION of HIV-infected PERSONS and members of their families, Article 17. Informing HIV-infected persons on the results of his medical examination 1. HIV-infected person without external signs of the human immunodeficiency syndrome is the source of the infection.
2. A person whose HIV infection has been identified, should be informed in writing of medical professional medical institution which conducted medical examination on HIV, its results and preventive measures necessary to maintain the health of HIV-infected individuals, prevent the further spread of HIV infection, as well as on guarantees of respect for the rights and freedoms of persons living with HIV/AIDS, about criminal liability for knowingly endangering another person's risk of contracting HIV.
3. at the time of posletestovogo counselling of the person that revealed the HIV infection, the medical officer of health agencies conducted medical examination on HIV, is obliged to offer the person with his consent to inform his partner about the risk of HIV infection and recommend him to undergo a medical examination for HIV prophylaxis.
4. In the case of HIV-infections in minors, as well as those recognized in the manner prescribed by the legislation of Turkmenistan, incompetent, medical officer of health agencies conducted medical examination on HIV, notify their parents or persons in loco parentis, and their legal representatives. When the parents or persons in loco parentis and legal representatives should be given appropriate advice aimed at ensuring their informed decisions on treatment and care for the wards and adequate protection of their rights and legitimate interests.
 
Article 18. Medical assistance to HIV-infected persons and AIDS patients 1. Medical assistance to HIV-infected persons and AIDS patients is carried out under condition of staging them on the clinical accounting notified body and AIDS prevention centres, regions in the manner prescribed by the Ministry of health and medical industry of Turkmenistan.

2. Medical assistance to HIV-infected persons and AIDS patients includes antiretroviral treatment of HIV-infection, as well as preventing the development, diagnosis and treatment of diseases associated with HIV infection.
3. Antiretrovirusnoe treatment of HIV-infected persons and AIDS patients free of charge depending on their stage of disease based on the conclusion of the Special Advisory Commission authorized body and AIDS prevention centres, regional, coordinated and controlled by the authorized body.
4. Medical assistance to HIV-infected persons and AIDS patients to prevent, diagnose and treat diseases associated with HIV infection, is carried out by the notified body and AIDS prevention centres regions together with other medical institutions.
5. when identifying HIV-positive persons and AIDS diseases not related to HIV disease, medical care is provided in an appropriate health care setting in outpatient or inpatient.
 
Article 19. Social protection of HIV-infected children, their parents or persons substituting them 1. The State guarantees the right of HIV-infected children being in preschool and training in general educational establishments.
2. HIV-infected children under the age of eighteen years shall be appointed by the State disability allowance and benefits under the legislation of Turkmenistan.
3. One of the parents of the child or person, his successor, are granted the right to stay in the hospital for the care of HIV-infected child under the age of fourteen years.
4. One of the parents of the child or the person replacing him directly caring for HIV-infected child in hospital, is given a piece of disability in accordance with the legislation of Turkmenistan.
5. Artificial feeding of children born from HIV-positive mothers is provided free of charge.
6. The legislation of Turkmenistan can be installed and other measures of social protection of HIV-infected children, their parents or persons acting in their stead.
 
Chapter v. the SOCIAL PROTECTION OF PERSONS at risk of HIV INFECTION in the DISCHARGE of OFFICIAL DUTIES, Article 20. Social protection for health care workers at risk of HIV infection in the performance of duties 1. HIV infection of medical workers of medical institutions in the discharge of official duties is classified as an occupational disease. For them, the benefits are set in accordance with the legislation of Turkmenistan.
2. individual medical health providers at risk of HIV infection in the discharge of official duties, shall be included in the list of jobs, professions and jobs with harmful and/or hazardous (extremely hazardous and (or) extremely hazardous) working conditions in the order established by the legislation of Turkmenistan.
3. Medicinskim employees and managers of health institutions directly engaged in HIV prevention, epidemiological surveillance of HIV infection, research using biological fluids, organs and tissues derived from HIV-infected persons, as well as clinical supervision and treatment of HIV-infected persons and AIDS patients, research in this area, in accordance with the legislation of Turkmenistan for the injurious and (or) hazardous (extremely hazardous and (or) extremely hazardous) working conditions is set : 1) reduced working day;
2) additional paid leave;
3) supplements to official salary;
4) pension on preferential terms.
4. the administration of medical institutions is obliged to carry out a periodic medical examination medical professionals who carry out diagnostic tests for HIV infection have a therapeutic and preventive care for HIV-infected persons and AIDS patients, and have contact with blood and other body fluids from HIV-infected individuals and provide them with the necessary means of protection to prevent HIV infection.
 
Article 21. Public lump sum 1. Medical workers of medical institutions, disabled as a result of HIV infection when performing their duties, a one-time allowance in the amount established by the legislation of Turkmenistan.
The right to the specified allowance are also persons with HIV as a result of improper performance of medical personnel of medical institutions.
2. Families (families) of medical workers of medical institutions, died as a result of HIV infection when performing their duties, a one-time allowance in the amount established by the legislation of Turkmenistan.
 
CHAPTER VI. FINAL PROVISIONS Article 22. Confidentiality health professionals medical institutions in connection with the performance of official duties became known information about the results of the medical examinations for HIV, as well as HIV-infected persons and AIDS patients are required to keep this information secret.
 
Article 23. Liability for violation of this Act
 

Persons guilty of violating this law bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 24. Settlement of disputes disputes arising in the area of combating the spread of HIV infection are resolved in the order established by the legislation of Turkmenistan.
 
Article 25. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. Abrogating the law of Turkmenistan on July 7, 2001 "on the prevention of diseases caused by the human immunodeficiency virus (HIV) infection" (records of the Mejlis of Turkmenistan, 2001, no. 2, p. 20).
3. the Cabinet of Ministers of Turkmenistan within six months to prepare and make changes and additions to the established order in the legislation of Turkmenistan deriving from this law.
 
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 26, 2016 year no. 372-V.