THE ACT OF UKRAINE. About modifications in the Act of Ukraine "About prevention of AIDS and social protection of the population".

Transcription

1 THE ACT OF UKRAINE UNOFFICIAL TRANSLATION About modifications in the Act of Ukraine "About prevention of AIDS and social protection of the population". Verkhovna Rada decides: To make changes in the Act of Ukraine "About prevention of AIDS and social protection of the population" ( ) (Vedomosti of Verkhovna Rada of Ukraine, 1992ã., ¹ 11, 152), by stating it in a such edition: "The Act of Ukraine About prevention of acquired immune deficiency syndrome (AIDS) disease and social protection of the population. Acquired immune deficiency syndrome (AIDS) is an especially dangerous infectious disease which is caused by the human immunodeficiency virus (HIV) and results in death due to the absence of specific methods of prevention and effective methods of treatment in the given time. The mass spreading of this disease all over the world and in Ukraine creates threat to personal, public and state safety; and leads to heavy social, economic and demographic consequences, thus, the necessity of taking of special measures on the protection lawful rights of both citizens and society. The fight with this disease is one of the priority state tasks in the field of health protection of the population. According to norms of international law and recommendations of the World Health Organization this Act determines the order of legal regulation of activity directed to the prevention of HIV infection spreading in Ukraine, and appropriate measures on the social protection of HIV infected persons and people who live with AIDS. CHAPTER 1 THE GENERAL CLAUSES Article 1. In this Act the below terms are used for such meaning: HIV infection is a disease caused by the human immunodeficiency virus (HIV); HIV infected (HIV positive) persons are individuals, whose organism contains human immunodeficiency virus; Persons without clinical symptoms of the disease (HIV positive individuals), as people who live with AIDS belong to category of HIV infected (HIV positive) persons. AIDS (acquired immune deficiency syndrome) is HIV s final stage; People who live with AIDS are people with various pathological symptoms caused by a deep immune system defeat resulting from HIV. Article 2. The state politics in the sphere of the fight with AIDS is realized by performance of this Act and other legal Acts of Ukraine, also by development, financial and material ensuring of realization of the appropriate nation-wide, regional and local programs, which provide system of measures on the prevention of HIV infection spreading, informing and

2 training the population, special training of medical personnel, realization of fundamental and applied scientific researches and development of the international cooperation in this sphere. Article 3. If in accordance with international treaty of Ukraine, which compulsory is accepted by the Verkhovna Rada of Ukraine, it is established norms, which are different from those contained in this Act, the norms of the international treaty are applied. Article 4. The state guarantees: ensuring constant epidemiological control of HIV spreading on the territory of Ukraine, availability, quality, efficiency of medical survey for the purpose of HIV detection (in further: medical survey), including anonymous survey, with granting of the preliminary and subsequent advisory help, and also with safety of such medical survey for the surveyed person and personnel, which will carry out it, regular and complete informing of the population, including mass media, about the causes of the disease, way of HIV transmission, measures and ways of prevention HIV transmission and spreading, inclusion of special subjects on HIV / AIDS prevention in the educational program of middle, professional and higher educational institutions, ensuring availability of preventive means, which prevent HIV transmission and HIV spreading by a sexual contact in the population, ensuring prevention of HIV spreading among the injecting drug users, in particular by creating conditions for the replacement of used injection needles and syringes with sterile ones, obligatory screening of blood (its components) for evidence of HIV infection; it concerns that received from donors blood and received from donors other biological solutions, cells, tissues and organs of the person, involved in medical practice and scientific researches, assistance activity directed to the formation of stereotypes of safe sexual behavior the population and learning about the high risk of HIV infection in injecting drug users, social protection of people who live with HIV / AIDS, members of their families and those engaged in the sphere of the fight with AIDS such as medical staff, and also granting medical aid to patients in the order accepted by this Act and other legal acts, safety of the treatment and diagnostic process for patients and medical staff in state health protection bodies, state sanitary-epidemiological control over the safety of this process in health protection bodies of all types of ownership, and also over performance of measures directed to the prevention of HIV infection spreading through private medical practice, connected to infringement of skin integrity or mucous membranes cosmetically, hairdresser's and other services to the citizens, assistance of charities directed on preventing HIV infection spread, fight with AIDS and social protection of the population. Article 5. The financing of nation-wide, regional and local programs on AIDS prevention and social protection of HIV positive persons will be carried out accordingly for the account: Means of the State budget of Ukraine and local budgets, Means of target funds, Charitable payments, Other sources of the financing which are not forbidden to the laws of Ukraine. Article 6. The appropriate central and local bodies of the executive authority, bodies of local self-management, and also enterprises, establishments and organizations of all

3 patterns of ownership within their competence develop and carry out the measures on fight with AIDS. Citizen Associations (including international) can participate in realization of measures on fighting AIDS, so can individuals engaged in charities (including foreigners). The specially authorized central body of the executive authority, which is to manage and intersectoral coordinate in the sphere of fighting AIDS, is the Ministry of the Health of Ukraine. CHAPTER 2. CONDITIONS AND ORDER OF MEDICAL SURVEY FOR THE PURPOSE OF HIV- INFECTION DETECTION, REGISTRATION OF HIV INFECTED / AIDS PATIENTS, GRANTING MEDICAL CARE AND MEDICAL SUPERVISION TO THEM. Article 7. Citizens of Ukraine, foreigners and persons without citizenship, which constantly live or temporarily are lawfully on the territory of Ukraine, have the right to: Medical survey for the purpose of HIV infection detection, receipt of the official conclusion about results of such medical survey and qualified recommendations for prevention of HIV infection spreading. The right to realization of the medical survey and delivery of the official conclusions about its results to be given only to state and municipal health protection bodies, which have accordingly equipped accredited in the established by the Cabinet of the Ministers of Ukraine order special laboratories. The medical survey is carried out voluntary. The medical survey of the minors by age till 18 years old, and persons recognized by the established legal order, as incapacitated, can will be carried out at will or consent of their lawful representatives, which have the right to be present at results of such survey. Medical survey of the citizens of Ukraine, foreigners and persons without citizenship, which constantly live on the territory of Ukraine, or those, which have the status of the refugees, is carried out free-of-charge. The order of payment for the medical survey for other categories of foreigners is defined by the legislation and appropriate international treaties of Ukraine. The person, who has passed the medical survey, has the right to repeat the survey at any time or, by choice, at another accredited health protection body. Article 8. At the request of the person, which has addressed to health protection body for medical survey, such survey can be carried out anonymously. The data on results of medical survey, presence or absence of HIV infection in the person, taking the medical survey are medically confidential. The transfer of such data is permitted only by the person concerned and in stipulated by the law of Ukraine cases, also it is permitted to lawful representatives of this person, health protection body, public prosecutions, consequence, interrogation departments and courts.

4 Article 9. The person determined as HIV positive in accordance with the data of medical survey is notified about it by a health-care worker of health protection body, where the survey had been carried out, in view of the requirements of this Act about confidentiality of the specified information. Simultaneously HIV infected persons are notified on the necessity to adhere to preventive measures directed on the prevention of HIV-infection spreading, guarantees of observance of the rights and freedom of HIV-infected persons, and also about the criminal responsibility for the conscious exposing to danger of infection of other persons by HIV. In case of HIV-infection detection at the minor age of till 18 years, and also at the persons recognized by the legal order, the health-care worker of health protection body, where the medical survey is carried out(spent), notifies the parents or other lawful representatives of the specified persons. The notification procedure of the surveyed persons concerning results of medical survey and distribution to the person of the appropriate official conclusions is established by the Ministry of the Health. Article 10. Blood (its components) received from donors and donors of other human biological liquids, cells, tissues and organs are laboratory inspected for the presence of a HIV-infection. The transfusion of blood (its components) and use of other biological liquids, cells, tissues and organs for the medical purposes is authorized only after obligatory laboratory research of donors blood for HIV-infection. In urgent cases, when there is a real threat to life of the person and the sole way of rescue of the patient is the urgent transfusion of blood, and properly checked up donor blood is not present, in the consent of the patient or his lawful representative the transfusion of unverified on a HIV-infection blood is possible. Thus, the patient or his lawful representative should be warned about possible risk of infection. If realized agreement of the patient is impossible to receive, the decision about transfusion of unverified for HIVinfection blood is accepted by consultation of the doctors, and at impossibility of consultation convocation - assisting doctor. The fact of transfusion of unverified for presence of HIV-infection blood and consent of the patient to realization of such medical intervention necessarily in writing are fixed in the medical documentation of the patient, and the sample of this blood should be urgently sent for the appropriate laboratory inspection. Article 11. Diplomatic representations and the consular establishments of Ukraine give out the visa on entrance to Ukraine to the foreigners and persons without citizenship, those who arrive in Ukraine for the term of more than three months, under condition of presentation by them the document about absence in the person; if another is not established by international treaties of Ukraine. The requirements of the specified document are established by Cabinet of Ministers of Ukraine. Article 12. The account of HIV-infected persons and AIDS patients, who are citizens of Ukraine, foreigners and persons without citizenship, which constantly live or temporarily are on territory of Ukraine lawfully, and also the medical supervision on specified with the

5 persons is provided with the appropriate state and municipal bodies of protection of health determined by the Ministry of the Health of Ukraine. The account and registration of HIV-infected persons and AIDS-patients and medical supervision over them should be carried out with observance of principles of confidentiality and respect for the personal rights and freedom of the person determined by the legislation and appropriate international treaties of Ukraine. Article 13. The rules of medical survey for the purpose of HIV-infection detection, account of HIV-infected and AIDS-patients and medical supervision over such persons is affirmed by the Cabinet of Ministers of Ukraine. CHAPTER 3 CONSEQUENCES OF HIV INFECTION DETECTION AND HIV INFECTED PERSONS DUTIES Article 14. In case of reception from health authority the information about infection by HIV, the warning of necessity of observance of preventive measures for the purpose of the prevention of HIV-infection spreading and the criminal responsibility for conscious exposing to danger of infection or infection of other person (persons), HIV positive persons are obliged to fix in writing the fact of reception of the specified information and warning. Article 15. HIV-infected persons and the AIDS-patients are obliged: To arrange for the prevention of HIV-infection spreading, offered by health authorities, the first part of Article 9 of this Act; To inform the persons who were in sexual contact with them before detection of the presence HIV-infection and the possibility of their infection, To refuse from donorchip of blood, its components, other biological liquids, crates, bodies and fabrics for use in medical practice. Article 16. HIV infected and living with AIDS foreigners, and also persons without citizenship, which do not carry out the offered by health protection bodies preventive measures, create by their behavior threat to health of other persons, and expelled from Ukraine, as established by the Act of Ukraine, "About the legal status of the foreigners", ( ) order. SECTION 4. SOCIAL PROTECTION OF PERSONS INFECTED BY HIV, PATIENTS WITH AIDS AND THEIR FAMILIES. Article 17. HIV positive and living with AIDS citizens of Ukraine have all rights and freedoms stipulated by the Constitution, the laws of Ukraine and other normative-legal acts of Ukraine. Besides common rights and freedoms, they also have the right on:

6 indemnification, connected to restriction of their rights, which has a place owing to disclosure of the information about the fact of infection of these persons by HIV, free-of-charge supply of medicines necessary for treatment of disease, means of personal prevention and psycho-social support, free-of-charge travel up to a place of treatment and back at the expense of treating establishment, which has given out direction on treatment, usage of the isolated inhabited room. The participation of HIV infected and living with AIDS people in tests of medical drugs and methods, scientific studies or educational process, photographing, video and filming will be carried out only under their agreement. Using of blood and other infected biological materials for scientific researches will be carried out only with their agreement and provides indemnification in the order established by the Cabinet of Ministers of Ukraine. Article 18. The refusal in acceptance to medical establishments, in getting medical aid and infringements on any other rights because of HIV infection of patients is forbidden, so is for their families and intimates. Article 19. The wrongful actions of the officials, which break the rights of HIV / AIDS positive, their families and intimates, can be appealed in court. Article 20. The persons whose infection by HIV took place during medical manipulations have the right to compensation in the judicial order of the harm caused to their health at the expense of the guilty person. The first part of this Article is not applicable to cases of infection of the patients at transfusion unverified on the HIV infection blood at performance of conditions stipulated by third part of Article 10 of this Act. Article 21. Parents and guardiance of HIV infected or living with AIDS children have the right on: Common stay at hospital treatment for children up until age 14 years with clearing this time from work with payment of the help on temporary invalidity in connection with supervision behind the patient by the child. Preservation behind one of the parents in case of dismissal it(him) from work in connection with supervision of the child till age 16 years of the continuous work experience for charge of the help on temporary invalidity under condition of the device on work before achievement by the child of the specified age. Article 22. The mothers, which have HIV infected or living with AIDS children by age till 16 years, have the right to reception of annual holiday in summer or any other or convenient for them time. In case of absence of mother and upbringing of such child by the father or another person, this right is given to the specified persons. Article 23. HIV infected or living with AIDS children till 16 years, are given the monthly state help at a rate of, established by a Study of the Ministers of Ukraine. Article 24. HIV positive men either people who are living with AIDS, foreigners or persons without citizenship, which constantly live or on the lawfully in territory of Ukraine, have the

7 right to social protection in the order and sizes established by the legislation of Ukraine and the appropriate international treaties of Ukraine. CHAPTER V THE SOCIAL PROTECTION OF MEDICAL PERSONNEL AND OTHER PERSONS, WHOSE PROFESSION IS CONNECTED TO HIV INFECTION RISK. Article 25. The infection of the medical and pharmaceutical personnel by HIV exercise of their profession concerns to occupational diseases. Article 26. The personnel, which is engaged in granting of medical aid to the population, realization of laboratory and scientific researches on HIV infection problems, manufacturing of biological preparations for diagnostics, treatment and prevention of HIV infection and AIDS, is subject to obligatory insurance at the expense of the proprietor (body, authorized by it) of health protection body in evidence of HIV infection at performance of the official duties, and also in case of becoming being invalidated or death due to disease which was caused by HIV infection. Categories of the health-care workers, which are subject to obligatory insurance, and order of insurance are established by the Cabinet of the Ministers of Ukraine. Article 27. The medical personnel, which became HIV positive or live with AIDS because of performance of its professional duties, have the right to annual free-of-charge reception of the permit for sanatorium treatment in the specialized sanitation establishments of the ministries and other central bodies of the executive authority, to sphere of which management the appropriate medical services, and also right on annual holiday by general duration 56 calendar days in the year convenient for them. Article 28. The medical personnel, HIV positive or acquired AIDS because of performance of its professional duties, have the right to prime improvement of vital conditions as established by the legislation of Ukraine order. Article 29. Health-care workers who are engaged in granting of medical aid to the HIV / AIDS positive persons, in laboratory diagnostics of HIV infection, in realization of scientific researches with using of infected material, in manufacture of biological preparations for diagnostics, in treatment and prevention of AIDS, are to receive surcharges to wages, and they have right to pension on age in favorable terms and annual additional holidays as established by the legislation of Ukraine order. Article 30. The proprietor (body, authorized) of health protection body, where personnel will test HIV infection, give medical help to HIV / AIDS positive people, and contacts to blood and other infected materials is obliged to supply the workers with necessary means of protection according to established by the Cabinet of Ministers of Ukraine list and specifications, also ensure conditions for testing such personnel for evidence of HIV infection. Health-care workers, the performance of whose professional duties is connected to risk of acquiring HIV infection, are obliged to use the appropriate means of protection, when they performing work specified in the first part of this Article.

8 SECTION 6 THE RESPONSIBILITY FOR INFRINGEMENT OF THE LEGISLATION IN SPHERE OF STRUGGLE WITH AIDS. Article 31. Refusal to the person in realization of his right on testing for the purpose of HIV detection, realization of such survey without the preliminary agreement of the surveyed person, inadequate performance of the professional duties by the medical and pharmaceutical workers, that has resulted in HIV infection of other person (or several persons), refusal in granting medical aid to HIV / AIDS positive, and also the disclosure of the data about realization of medical survey and its results by the medical workers and workers of designated in second part of Article 8 bodies, entail the responsibility established by the law of Ukraine. Article 32. Conscientious putting a person at risk of infection and transmission of HIV infection to other person (or several persons) by the individual, who knew about his acquiring HIV, entail criminal responsibility. As established by the legislation of Ukraine order the person, who is guilty of this, also compensates expenses, which have arisen connecting to the granting of medical and social help to the infected person. Article 33. The indemnification caused to the health of the HIV positive persons by medical workers or owing to lack of maintenance of safe working conditions by the proprietors (bodies, authorized by them,) establishments of protection of health, enterprises, establishments, organizations, performance by which workers of the official duties is connected with risk of acquiring HIV / AIDS, is carried out at the expense of the guilty person as the order established by the legislation of Ukraine. CHAPTER VII THE FINAL CLAUSES Article 34. This Act comes into effect from the date of its publication. Before further reduction of the Acts of Ukraine other legal acts in conformity with norms of this Act are applied in a part, which does not contradict this Act. The Cabinet of Ministers of Ukraine has to do in two months: To submit to consideration of the Verkhovna Rada of Ukraine offers concerning reduction of the Acts of Ukraine to conformity with this Act, To result in conformity with this Act the normative-legal acts, According to its competence ensure acceptance of the legal acts stipulated by this Act, Ensure reconsideration and abolition by ministries, by other central organs of the executive authority of the Ukraine of their normatively-legal acts which contradict this Act.

9 The president of Ukraine Kiev, March 3, ¹ 155/98 - ÂÐ L. Kuchma