HIV and AIDS (Prevention and Management) Act, 2017

This section gives the Act’s short title and says it starts on a date appointed by the Minister in a Gazette notice.

This section defines key terms used in the Act, including HIV, AIDS, child, discrimination, testing types, counseling types, tissue, and related health-service-provider terms.

The Minister is responsible for HIV and AIDS policy, coordination, research, monitoring, sectoral supervision, oversight of the Commission, mainstreaming, and proper administration of the Act.

Harmful practices listed in the First Schedule are prohibited, and anyone who practices one commits an offence.

Any person who subjects, permits, or encourages another person to engage in a harmful practice commits an offence and may be fined K5,000,000 and imprisoned for five years if convicted.

Discrimination based on HIV or AIDS is prohibited, and a person who does it commits an offence.

People living with HIV, or vulnerable to contracting HIV, have specific rights to dignity, health, work, compensation, and free medication; people living with HIV must take the medicine provided under the section.

People connected to someone living with HIV, or vulnerable to HIV, have rights to dignity, physical integrity, life, health, and compensation if their rights are restricted.

People living with HIV have a right to privacy and confidentiality about their status, and health service providers must keep related medical information confidential.

A health service provider must not disclose a person’s HIV status to others unless a listed exception applies.

A person must not disclose another person’s HIV status except as allowed by the Act.

This section lists recognized HIV transmission modes and the HIV testing modes included under the Act.

People aged 13 or older may access VCT without parental or guardian consent. If a child under 13 has no parent or legal guardian and seeks VCT, the health service provider must ask a social welfare officer to apply to the magistrate court for a legal guardian.

A person must not test someone else for HIV unless one of the listed consent exceptions applies.

People who want to donate tissue must get HIV testing right before donation, and health service providers must not accept the tissue unless the donor has tested HIV negative. The proposed recipient or an immediate family member may demand further HIV testing of the donated tissue.

Health service providers must test donated blood for transfusion-transmissible HIV infection soon after donation, and infected blood must be disposed of immediately.

Consent to HIV testing is treated as given in certain donation or treatment situations.

Compulsory HIV testing is prohibited, except where a court orders it for a person convicted of a sexual offence.

Health service providers who perform an HIV test must provide free pre-test and post-test counseling to the person tested.

A health service provider who carries out HIV testing must submit monthly reports to the District Health Officer about the number of HIV tests and the incidence of HIV infection.

Health facilities must not deny access to health services or charge higher fees because of a person’s actual or perceived HIV status.

A person may access HIV and AIDS information held by the State if it is needed to exercise that person’s rights. The person in charge of such information must ensure it is relevant to the requester’s rights.

The Commission has power to develop, co-ordinate, and disseminate information on HIV and AIDS.

The Commission must accredit HIV and AIDS information before it is shared publicly, and people who develop such information must submit it to the Commission for screening and verification first.

Publishing misleading, false, or inaccurate HIV/AIDS information to another person or the public is an offence.

An employer must not require HIV testing as a condition of recruitment.

An employer must not end an employee’s employment solely because the employee has HIV or is perceived to have HIV.

Employees must not be discriminated against or unfairly treated because of perceived or actual HIV status. Employers must reasonably accommodate employees with HIV-related illnesses, working with the employee, unless that would cause undue hardship. Breach is an offence with fines and possible imprisonment.

A person must not arrange for someone else to conduct HIV testing as a condition for recruitment or other employment-related decisions.

A person must not help another require HIV testing as a condition of recruitment or other employment-related decisions.

Employers must provide HIV risk-reduction training, protective equipment, and clear guidelines, and must ensure free access to post-exposure prophylaxis and counseling after accidental workplace exposure.

Employers must adopt and implement an HIV and AIDS workplace policy, and the policy’s design and content must follow ministerial guidelines.

An employee infected with HIV in the course of employment can claim compensation, and may get higher compensation if the infection resulted from the employer’s section 31 non-compliance or negligence.

No one may be required to take an HIV test as a condition for entry to, staying in, or receiving a scholarship or similar benefit from an education or training institution.

Education and training institutions must not discriminate against, deny admission to, expel, exclude from activities, or withhold benefits or services from a person solely because the person has HIV or is perceived to have HIV.

The Minister must ensure HIV and AIDS materials are built into school curricula, and that the materials are age-appropriate, scientifically accurate, non-stigmatizing, and available in key languages.

The Minister must ensure teachers and instructors are trained on HIV and AIDS matters before they begin teaching related subjects.

The Minister must ensure official HIV transmission and prevention information is progressively integrated into non-formal or indigenous learning systems.

A person diagnosed with HIV infection must undergo counseling and follow precautions and safety measures prescribed by a health service provider.

This section creates the National AIDS Commission and says it must carry out its functions and powers independently of any other person or authority.

The Commission must carry out a wide range of HIV and AIDS response functions, including coordination, policy support, information management, monitoring, resource handling, reporting, accreditation of information, and staff terms and conditions.

The Commission has powers to organize events, receive and allocate donations, hire consultants, set its own procedures, form committees, co-opt attendees, request certain HIV/AIDS information, and do other acts needed to implement the Act.

The Minister must advertise for Commission appointments, the Commission membership cannot exceed seven commissioners, and certain ex-officio/public service members cannot be chairperson but may vote.

Commissioners generally serve three years from appointment, may be reappointed for one more term, and appointed commissioners may resign with one month’s written notice to the Minister.

The Commission must elect a Chairperson from among the appointed commissioners at its first meeting, and the Chairperson serves until the end of their term as a commissioner unless removed under subsection (3).

The Commission may establish committees and must appoint a chairperson for each committee from among the commissioners.

The Commission may, at its discretion, co-opt a person with special knowledge or expertise to attend its deliberations, but that person may not vote.

The Commission must meet at least once every three months, the chairperson must give notice and convene meetings, and meetings must have a quorum and minutes.

Commissioners and Commission staff must disclose any pecuniary interest in a contract or related matter when it arises and must not join the discussion or vote on it.

Remuneration Commissioners are entitled to reasonable pay and allowances for membership, while carrying out their duties, as determined by the Minister responsible for Finance.

The Commission must report to the Minister on the Commission’s activities.

The Commission appoints the Chief Executive Officer, and the office must be held by a qualified person for a three-year term, renewable for satisfactory service.

The chairperson must publish a public advertisement for CEO applications within 30 days, and the Commission must assess, interview, and recommend the most eligible candidate to the Minister.

The Chief Executive Officer is responsible for day-to-day management of the Commission and for administrative control of other staff, subject to the Commission’s general and special directions.

The Chief Executive Officer may be removed by the Commission, but only with the Minister’s approval, and only on listed grounds.

The Commission must employ necessary staff, appoint its staff on terms it تعیینs, and may delegate some junior-rank appointments in writing to the Chief Executive Officer, who must report each delegated appointment.

The Chief Executive Officer, or a Commission officer designated with approval, must attend Commission meetings to take minutes and join deliberations, but cannot vote.

The Commission’s funds come from parliamentary appropriations, donations, sale of property, and other lawful sources, and it must always comply with the Public Audit Act, Public Finance Management Act, and Public Procurement Act.

The Commission must keep proper accounting records, have its accounts audited annually, and submit an annual report to the National Assembly within six months after the financial year ends.

The Minister may, by notice in the Gazette, make regulations to carry out the Act better and amend any schedule to the Act.

Existing agreements, permits, property, and pending court proceedings tied to the former National AIDS Commission trustees are carried over to the Commission or Minister, subject to the Act and other written law.

The Commission must apply to register transferred property within one year, and the registering authority must process the registration without charging fees.

Staff appointed before commencement are treated as appointed under the Act, and employees in post just before commencement are treated as transferred to the Commission on their existing terms.