Organisational Procedures for Restriction of the Spread of Human Immunodeficiency Virus Infection (HIV) and AIDS and the Treatment of HIV-Infected Persons and AIDS Patients
I. General Provisions
1. These Regulations prescribe the procedures by which measures for the restriction of the spread of human immunodeficiency virus (hereinafter - HIV) and acquired immune deficiency syndrome (hereinafter - AIDS) shall be organised: epidemiological surveillance, the treatment of infected persons and AIDS patients, medical and social rehabilitation, the information and education of inhabitants in the field of HIV infection and AIDS prevention.
2. The Ministry of Education and Science, in co-operation with the State institution "AIDS Prevention Centre" (hereinafter - AIDS Prevention Centre) and the non-profit organisation State limited liability company "Health Promotion Centre", shall include issues regarding the prevention of HIV infection in health education programmes for the education of children and youth. The AIDS Prevention Centre, in co-operation with interested State and non-governmental institutions, shall implement measures for the information and education of inhabitants in the field of prevention of HIV infection.
II. Examination for the Determination of HIV Infection
3. In order to determine a possible HIV infection and contraction of AIDS, perform epidemiological surveillance, as well as to provide consultative, medical and psychosocial assistance to persons infected with HIV, a performance of the appropriate examinations shall be necessary.
4. A person shall be examined in order to determine HIV infection only on the basis of an informed consent of the person and observing confidentiality, except in cases where law enforcement authorities require such examination in accordance with the procedures specified by regulatory enactments.
5. A medical treatment practitioner shall order a person to laboratory testing for HIV infection. The medical treatment practitioner has a duty to provide the person to be examined with:
5.1. a pre-test consultation in which the medical treatment practitioner informs the person to be examined regarding the purposes, procedure, possible results and consequences of the test, as well as regarding the ways of spreading the HIV infection and individual prevention; and
5.2. a post-test consultation in which the medical treatment practitioner informs the person to be examined regarding the test results. If the test results confirm the presence of HIV in the body, the medical treatment practitioner has a duty to provide the infected person with psychological support, to explain the opportunities of medical and social care, the rights and duties of the infected person, as well as the individual preventive measures in order to prevent the infection of other persons.
6. Minors shall be examined in order to determine HIV infection on the basis of a personal request, a request of the parents of the minor, a request of a guardian and a parish court or a written request of law enforcement authorities.
7. A medical treatment practitioner shall comply with the procedures for ensuring the confidentiality of information specified in the regulatory enactments regulating the field of medical treatment if such information is related to the infection of a person with HIV or his or her contraction of AIDS.
8. A medical treatment practitioner has the right to reveal the information referred to in Paragraph 7 of these Regulations only if a patient has confirmed in writing that the medical treatment practitioner has been released from the duty to remain silent and may inform a concrete person (for example, the sexual partners or relatives of the patient) regarding the infection of the person with HIV or his or her contraction of AIDS.
9. HIV-infected persons and AIDS patients are prohibited to become tissue, organ and gamete donors.
III. State Epidemiological Surveillance of the Spread of HIV Infection and AIDS
10. The AIDS Prevention Centre shall methodologically manage, co-ordinate, supervise and ensure the State epidemiological surveillance of the spread of HIV infection and AIDS (a continuous, dynamic monitoring of the epidemic process of the HIV infection, research of the epidemiological situation, forecasting of the process of the epidemic, the planning of preventive measures and the evaluation of effectiveness).
11. The AIDS Prevention Centre shall establish and keep a register of cases of HIV infection and contraction of AIDS and inform other interested institutions, observing the procedures for the use of restricted access information.
12. A medical treatment practitioner shall inform the AIDS Prevention Centre regarding each newly discovered case of HIV infection or AIDS contraction, as well as regarding each case of the death of an infected person in accordance with the regulatory enactments regulating the registration of infectious diseases.
13. The Ministry of Health shall finance the epidemiological surveillance of the spread of the HIV infection and AIDS within the framework of the State budget resources assigned thereto.
IV. Treatment of HIV-Infected Persons and AIDS Patients
14. HIV-infected persons and AIDS patients shall be treated, applying to them all the rights and duties of inhabitants and patients in health care, as well as ensuring the referred to persons with medical treatment services in accordance with the procedures specified by the regulatory enactments regulating the field of medical treatment.
15. The non-profit organisation State undertaking "Infectology Centre of Latvia" shall methodologically manage the medical care of infected persons and AIDS patients, as well as ensure post-exposure prevention and consultative medical assistance.
Prime Minister E. Repše
Minister for Health I. Circene
Translation © 2005 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)