Prevention of disease caused by the human immunodeficiency virus (HIV)

(Bulletin of the Mejlis of Turkmenistan in 2001, № 2, p. 20)

Article 1. Definition of HIV

HIV infection - an infectious disease caused by the human immunodeficiency virus.
HIV-infected persons are considered:
human immunodeficiency virus carriers without clinical manifestations of the disease (hereinafter - HIV carriers);
AIDS patients - with the clinical manifestations of the disease, characterized by profound impairment of the immune system. AIDS - Acquired Immune Deficiency Syndrome, a terminal (final) stage of HIV infection.

Article 2. State policy in the field of prevention of HIV infection

The state policy in the field of HIV prevention is carried out by:
organization measures to prevent HIV infection, its diagnosis and timely delivery of HIV carriers and AIDS patients with medical advice;
Public awareness of disease prevention, caused by the human immunodeficiency virus (HIV), and raising the educational level of the population in matters of moral and sexual education;
Conducting surveillance of the spread of HIV in the territory of Turkmenistan;
Ensure the availability and security of medical examination for the presence of HIV infection on the basis of confidentiality and anonymity;
Security control organization used for diagnostic, therapeutic and research purposes of medical preparations, biological fluids, organs and tissues;
Social assistance to HIV-positive, promoting employment, improving the level of education and retraining;
Research on HIV - infection;
Assist to prevent the spread of HIV in the framework of international cooperation programs.

Article 3. Bodies carrying out prevention, diagnosis and treatment of HIV

Bodies engaged in the prevention, diagnosis and treatment of HIV, are the Ministry of Health and Medical Industry of Turkmenistan, health management in provinces and the city of Ashgabat, the National Centre for AIDS and health centers for prevention and control of AIDS in the provinces, Blood Center Turkmenistan and blood banks in the provinces.
Measures to prevent HIV infection are carried out in cooperation with the relevant ministries and departments of Turkmenistan, local executive bodies and local self-government.

Public associations in accordance with their charters can provide support and assistance to the government and the public in the implementation of preventive measures for the prevention of HIV infection.
Preventive measures for the prevention of HIV infection can be carried out with the assistance of international organizations and foundations.

Article 4. Funding for HIV prevention

Funding for HIV prevention is funded from the state budget of Turkmenistan, voluntary contributions and donations from businesses and individuals, associations, and other sources of funding not prohibited by the legislation of Turkmenistan.

Article 5. The right of citizens of Turkmenistan, foreign citizens and stateless persons to a medical examination for HIV

Citizens of Turkmenistan, as well as foreign citizens and stateless persons residing or staying in the territory of the state, have the right to voluntary, confidential, anonymous medical examination to detect human immunodeficiency virus in the state health institutions of Turkmenistan.
The procedure for a medical examination for HIV infection is established by the Ministry of Health and Medical Industry of Turkmenistan.
Turkmen citizens, foreign citizens and stateless persons shall be issued a certificate of medical examination in the absence of HIV infection the body authorized by the Ministry of Health and Medical Industry of Turkmenistan.
Persons infected with human immunodeficiency virus, written notice to the health care institutions, to reveal the fact of infection. These persons are obliged to comply with the measures to prevent the spread of HIV.

Article 6. Mandatory medical examinations for HIV

Mandatory testing for HIV to be donors of blood, biological fluids, organs and tissues.
Those who refuse compulsory medical examination to detect human immunodeficiency virus, can not be donors of blood, biological fluids, organs and tissues.
Turkmen citizens, foreign citizens and stateless persons are obliged to undergo a medical examination for HIV infection in the presence of epidemiological evidence established by the Ministry of Health and Medical Industry of Turkmenistan.

The diplomatic staff of foreign diplomatic missions and consulates, as well as those who use the territory of Turkmenistan, diplomatic privileges and immunities may be surveyed confidentially on identifying the human immunodeficiency virus only with their consent. Medical examination of the said persons the Ministry of Health and Medical Industry of Turkmenistan negotiates with the Ministry of Foreign Affairs of Turkmenistan.
Questions remain on the territory of Turkmenistan of foreign citizens and stateless persons in case of their HIV infection are resolved in accordance with the law and international treaties.

Article 7. Preventive measures against HIV-infected persons

HIV-infected persons are subject to medical preventive monitoring in the manner established by the Ministry of Health and Medical Industry of Turkmenistan.
Health care workers infected with the human immunodeficiency virus, are subject to suspension from duty and transfer to another job.

Article 8. Requirements for HIV upon entry to Turkmenistan

Diplomatic missions and consular offices of Turkmenistan in the cases and in the manner prescribed by law, to issue a visa for entry to Turkmenistan to foreign citizens and stateless persons upon presentation of a certificate of medical examination in the absence of HIV infection.

Article 9. Respect for patient confidentiality

Employees of health care institutions, which in connection with official duties became known information about the medical examination for HIV and the results of those infected with the human immunodeficiency virus and AIDS patients, are required to keep such information confidential.

Article 10. Social protection of persons with HIV carriers, AIDS patients and their families

Turkmen citizens and stateless persons permanently residing in Turkmenistan, in the case of infection with the human immunodeficiency virus have the right to medical and social assistance.
Do not allow disclaimer HIV carriers and AIDS patients admission to medical institutions, in providing emergency medical care to them.
AIDS patients in outpatient treatment is provided free distribution of medicines for this disease.
HIV carriers and AIDS patients are reimbursed the costs of travel to the place of treatment within the country at the expense of health care facilities in the community.

Parents (persons replacing them) who have children under the age of 14 years are living with HIV, AIDS patients are entitled to being together with them in the hospital with the payment of benefits for temporary disability in accordance with the law.
One of the parents (the person who replaces him), having a contract for voluntary pension insurance and the termination of employment contract due to caring for a child - invalid under the age of 16 years Booster HIV or AIDS, during his care of qualifying insurance in accordance with the law.
Prevent unjustified refusal of employment and dismissal of HIV carriers, AIDS patients.
Children with HIV carriers or AIDS patients are guaranteed to find in kindergartens, school fees.
Living with HIV or AIDS who have not attained the age of 16 are entitled to a monthly state allowance in the amount established by the legislation of Turkmenistan.

Article 11. Social protection of workers' health institutions at risk of infection with the human immunodeficiency virus in the performance of their duties

Infection with human immunodeficiency virus health care workers in the performance of their duties related to occupational disease category.
Certain categories of employees of health facilities at risk of infection by the human immunodeficiency virus in the performance of their duties, are included in the list of works, professions and positions with harmful and hard working conditions, approved in the manner determined by the Cabinet of Ministers of Turkmenistan.
Health care workers directly involved prevention, conducting research using the infected material and treatment of HIV carriers and AIDS patients, are in accordance with the law the right to:
shorter working hours;
Additional paid leave;
Additional remuneration for hazardous and extremely difficult working conditions.
Administration health care institutions, medical personnel whose conducts diagnostic testing for HIV infection, providing treatment and prevention of HIV carriers and AIDS patients, as well as a contact with blood and other materials from infected persons, is obliged to carry out periodic medical examination of workers and provide them with the necessary means of protection to prevent infection with the human immunodeficiency virus.


Article 12. Guarantees for HIV-infected health care workers, as well as persons infected with human immunodeficiency virus due to improper performance of employee health institutions of their duties

Health care workers who have become disabled or died as a result of HIV - infection in the performance of official duties, shall be paid a lump sum in the amount established by the legislation of Turkmenistan.
Right to specified benefits are as persons infected with human immunodeficiency virus as a result of improper performance of duties employees of health care institutions.

Article 13. Responsibility for violation of legislation on the prevention of disease caused by the human immunodeficiency virus (HIV)

Disclaimer face in the implementation of the right to conduct a medical examination to detect human immunodeficiency virus, the disclosure of information about the conduct of the survey and its results, but also to ensure medical confidentiality of persons infected with human immunodeficiency virus and AIDS patients, entail responsibility established by the legislation of Turkmenistan.
Employees of health care institutions have committed negligence in their professional duties, which entailed infection of another person (or more persons), human immunodeficiency virus, prosecuted in accordance with the law.
Persons guilty of violating this Law shall be liable in accordance with the law.

Article 14. International treaties

If the international agreements of Turkmenistan stipulate other provisions than those contained in this Law, the norms of international agreements shall prevail.


Turkmen President Saparmurat Turkmenbashi

Mountains. Ashgabat
7 July 2001
number 78-II