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

Issued pursuant to
Section 5, Paragraph two of the Law
on Sexual and Reproductive Health

I. General Provisions

1. This Regulation 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 cooperation with the Centre for Disease Prevention and Control, shall include issues regarding the prevention of HIV infection in health education programmes in order to educate children and youth. The Centre for Disease Prevention and Control, in cooperation with the interested public authorities and non-governmental organisations, shall implement informative and educational measures for the inhabitants in the field of HIV infection prevention.

[27 March 2012]

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 practitioner shall send a person to laboratory testing for HIV infection. The medical practitioner has an obligation to provide the person to be examined with:

5.1. a pre-test consultation in which the medical practitioner informs the person to be examined of the purposes, procedure, possible results and consequences of the test, as well as of the ways of spreading the HIV infection and individual prevention; and

5.2. a post-test consultation in which the medical practitioner informs the person to be examined of the test results. If the test results confirm the presence of HIV in the body, the medical practitioner has the obligation to provide the infected person with psychological support, to explain the possibilities of medical and social care, the rights and obligations 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 practitioner shall comply with the procedures for ensuring the confidentiality of information specified in the laws and regulations governing 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 practitioner has the right to reveal the information referred to in Paragraph 7 of this Regulation only if a patient has confirmed in writing that the medical practitioner has been released from the obligation to remain silent and may inform a specific person (for example, the sexual partners or relatives of the patient) of 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 Centre for Disease Prevention and Control 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).

[28 August 2007; 8 September 2009; 27 March 2012]

11. The Centre for Disease Prevention and Control shall establish and keep a register of cases of HIV infection and contraction of AIDS and inform other interested institutions in compliance with the procedures for the use of restricted access information.

[28 August 2007; 8 September 2009; 27 March 2012]

12. A medical practitioner shall inform the Centre for Disease Prevention and Control of each newly discovered case of HIV infection or AIDS contraction, as well as of each case of death of an infected person in accordance with the laws and regulations governing the registration of infectious diseases.

[28 August 2007; 8 September 2009; 27 March 2012]

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 obligations 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 laws and regulations governing the field of medical treatment.

15. The limited liability company (SIA) Rīgas Austrumu klīniskā universitātes slimnīca shall methodologically manage the medical care of infected persons and AIDS patients, and also provide post-exposure prevention and consultative medical assistance.

[25 October 2005; 8 September 2009; 27 March 2012]

Prime Minister E. Repše

Minister for Health I. Circene

Translation © 2018 Valsts valodas centrs (State Language Centre)