(H.B. 2980) (Conference) (No. 349) (Approved September 2, 2000) AN ACT To create and establish the Bill of Rights for Carriers of the HIV/AIDS Virus in Puerto Rico. STATEMENT OF MOTIVES The HIV virus has created the AIDS epidemic around the world, a disease that has become one of the main research areas in contemporary medicine. From a medical point of view, AIDS is a disease just like all the others. However, human beings and the State often make decisions based on social, moral, religious or economic prejudice, which results in unequal treatment towards persons who are carriers of the HIV virus. We cannot put at risk human privacy and dignity, rights guaranteed by the Constitution of Puerto Rico and which this Legislature must protect and promote. Therefore, the Legislature, with the purpose of guaranteeing better treatment for HIV patients, establishes the Bill of Rights for Carriers of the HIV virus. Thus, the solidarity required to prevent discrimination and prejudice is hereby guaranteed.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO: Section 1.- This Act shall be known as the Bill of Rights for Carriers of the HIV/AIDS Virus in Puerto Rico. Section 2.- Public Policy The Commonwealth of Puerto Rico hereby acknowledges its responsibility to provide, as far as its means and resources allow, adequate conditions for promoting the enjoyment of a full life, as well as their natural human and legal rights, for carriers of the HIV/AIDS virus. It is hereby declared to be public policy to guarantee the following for carriers of the HIV/AIDS virus: a) The planning, rendering and availability of services in geographic terms, means of transportation, as well as complementary and alternative resources. b) Access to and optimal use of the best health services. c) The services and means that help these persons to remain with their families whenever possible. When necessary, a substitute home shall be provided, leaving institutionalization as the last resort. d) Respect for their individual rights, limiting the exercise of said rights only when it is necessary for their health and safety, and as a therapeutic measure certified by a duly authorized physician. e) The effective enforcement of the rights set forth in the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico, and of the laws and regulations that may apply. Section 3.- Bill of Rights for Carriers of the HIV/AIDS Virus in Puerto Rico.
1. They shall hereby be guaranteed the effective enforcement of the rights set forth by the laws and the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico. 2. Every person who is a carrier of the HIV/AIDS virus shall have the right to: Receive clear, exact and scientifically based information about AIDS without any kind of restriction. Carriers of the virus have the right to receive specific information about their health condition. 3. No one has the right to restrict the freedom or the rights of persons for the sole reason that they are HIV carriers, regardless of their race, nationality, religion, ideology, gender or sexual preference. Neither the State, nor any natural or juridical person shall request information that attempts against the privacy of persons who are HIV carriers, nor shall they establish registers of persons with whom they have had sexual contact. 4. Right to the best assistance and treatment, without any restriction, to guarantee a better quality of life. 5. No carrier of the virus shall be subject to isolation, quarantine or any other type of discrimination. 6. Any carrier of the AIDS virus has the right to participate in all aspects of social life. Any action tending to deny virus carriers employment, shelter, or assistance, or to deprive them of the same, or tending to restrict their participation in group, school and military activities must be considered discriminatory and punished pursuant to this Act. 7. The right to receive blood and products derived thereof, organs or tissue that have been rigorously tested for HIV. 8. Nobody shall make reference to another person s past or future disease, or to the results of HIV testing without that person s consent,
except for what is provided in Act N0. 81, of June 4, 1983, as amended. All medical and assistance services must ensure privacy for the virus carrier. 9. No one shall be forced to be tested for HIV for any reason, except for what is provided by Act No. 81 of June 4, 1983, as amended. HIV evidence must be used exclusively for purposes of diagnosis, treatment, control of transfusions and transplants, and epidemiological studies, but never for any type of control over people or populations. The interested parties must be informed of the test results by a competent professional. 10. Any virus carrier has the right to communicate his health condition or the test results only to the people he/she wishes to inform. 11. Any carrier of the virus has the right to continue with his civil, professional, sexual and emotional life. No action can restrict his full right to citizenship. Section 4.- Responsibilities of the Health Department The Department of Health, through the Unit in Favor of Rights for People with HIV/AIDS, shall publish the Bill of Rights. It shall also undertake the pertinent and necessary steps to inform health professionals, patients and the general public of the contents of the Bill of Rights for Carriers of the HIV/AIDS Virus in Puerto Rico. Section 5.- Procedure for Claiming a Right Any person who carries the HIV/AIDS virus may resort, directly or through his tutor, a public officer or a private person interested in his/her welfare, to the Justice Department s Unit for the Investigation and Prosecution of Civil Rights Violations, or to any division of the Court of First Instance in the judicial district where the HIV/AIDS carrier resides, in order to claim any right or benefit established by this Act, or to request that
any action in contravention to the provisions of said Act be stopped. The courts shall have the power to appoint legal representation or a judicial defender for the person carrying the HIV/AIDS virus when he/she does not have the necessary economic resources. The court shall have the power to issue any order or judgment according to law necessary for compliance with the provisions of this Act. Noncompliance with the orders and judgments issued by the court in agreement with this Section shall constitute contempt of court. Section 6.- Criminal Sanctions Any person who breaches any of the provisions of this Act shall be guilty of a misdemeanor and, if convicted, shall be sanctioned with a jail term of up to a maximum of six (6) months, a fine that shall not to exceed five thousand (5,000) dollars, or both penalties, at the discretion of the court. Section 7.- Exceptions Clause The filing of the action authorized by this Act is independent of any other civil or criminal action, right or remedy established by current legislation and none of the present provisions shall limit or restrict the prosecution of such actions, rights or remedies. Section 8.- Effect upon Other Acts Nothing set forth in this Act shall be construed as exclude, restrict, limit, diminish or affect the rights recognized by law of any natural or juridical person in any way. Section 9.- Effectiveness This Act shall take effect immediately after its approval.
CERTIFICATION I hereby certify to the Secretary of State that the following Act No. 349 (H.B. 2980) (Conference) of the 7 th Session of the 13 th Legislature of Puerto Rico: AN ACT to create and establish the Bill of Rights for Carriers of the HIV/AIDS Virus in Puerto Rico, has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, today 2nd of February of 2005. Luis Fusté-Lacourt Director