HIV and AIDS Prevention and Control Act, 2015

This section is an interpretation/definitions provision that defines terms used in the Act, including definitions such as "Anonymous testing", "ART", "ARVs", "counsellor", "health institution", "informed consent", "Minister", and others.

People must take reasonable steps and precautions to protect themselves and others from HIV infection, including using protective measures during sexual intercourse.

A person who is incapable of giving informed consent may be tested for HIV if a parent, guardian, next of kin, caretaker or agent gives informed consent.

Consent to an HIV test under sections 9 and 10 may be dispensed with where it is unreasonably withheld or in an emergency due to grave medical or psychiatric condition.

A person who is apprehended for a sexual offence shall be subjected to HIV testing for purposes of criminal proceedings and investigations.

Victims of sexual offence, pregnant women, and partners of pregnant women shall be subjected to routine HIV testing for purposes of preventing HIV transmission.

A person may be subjected to an HIV test under a court order.

Pregnant women who test HIV positive are entitled to treatment, care, support and medication to prevent transmission to the child.

Newborns of mothers who are HIV positive must be tested for HIV when medically practical; newborns who test positive must be given HIV treatment, care and support.

Health units, medical practitioners or other qualified officers involved in HIV testing must take reasonable measures to ensure testing is carried out efficiently in accordance with standards prescribed by the Minister.

HIV test results are confidential; medical practitioners or other qualified officers must only disclose results to the person tested. Parents or guardians of a minor must inform a minor who tests HIV positive as soon as practical and must ensure the minor receives counselling before being informed.

People who possess information about another person's HIV status must keep that information confidential when handling it.

A medical practitioner or other qualified officer who gives someone the results of an HIV test must inform that person about the disclosure, including the nature and purpose of the disclosure, the date, and the recipient.

A person donating any organ, tissue, body fluid or part of their body for treatment or insemination must undergo HIV testing.

A person whose blood has been tested may be counselled and informed of the results as soon as possible.

Health units carrying out HIV testing must maintain good health standards as may be prescribed by the Minister.

Health units that carry out an HIV test must provide pre- and post-test counselling to the person tested.

Counselling of any person under this Act may only be conducted by a medical practitioner, other qualified officer, or counsellor.

A counsellor must provide pre-test HIV counselling to a person who has consented to testing and include specified information (transmission, importance of testing, consent form explanation, client-centered tailored information, personalized risk assessment, possible results and handling to reduce transmission); the counsellor may include other relevant information they deem necessary.

Counsellors must provide post-test counselling to persons receiving HIV test results: for negative results they must explain the results, recommend further testing, and stress protective measures; for positive results they must promptly provide counselling covering results and implications, infectiousness and prevention, referral to services, partner notification, and other necessary information.

A health unit must, after post-test counselling, offer continuous counselling sessions to a person whose test results are HIV positive.

Health units may offer HIV testing to persons; they must keep tested persons' identities at the health unit and must not disclose them except as allowed by law and medical standards; tests must be performed by a medical practitioner or other qualified officer; contravening this section is an offence.

A person may take a voluntary HIV test if they give informed consent.

The government must devise measures for a range of HIV control obligations including equitable access to health services and medicines, universal HIV treatment, a national strategy and plan, prevention and control, awareness, participation of people living with HIV, mainstreaming programmes, care and support, adequate funding, and prioritising most at risk populations.

Medical practitioners or other qualified officers who take certain biological samples must forward anonymised samples to the Ministry of Health Laboratory for confirmation, and must not include identifying names or information.

The Minister may make regulations to carry out the provisions of the Act.

The Minister may issue technical guidelines on precautions against HIV transmission during listed procedures and may issue guidelines on handling and disposal of cadavers, body fluids or waste of persons known to be living with HIV.

Establishes a fund called the HIV and AIDS Trust Fund.

The object of the Fund is to secure a predictable and sustainable means of procuring goods and services for HIV and AIDS counselling, testing and treatment.

Specifies sources of the Fund's monies, including a two percent share of specified tax revenue and other identified tax revenue, donations and voluntary contributions.

The Minister responsible for health must administer the Fund in consultation with the Minister responsible for finance; the Minister must make regulations within six months of commencement to provide for management of the Fund.

The Minister may institute HIV/AIDS vaccine and related bio-product trials in the country, provided such trials do not endanger the health of participants.

HIV/AIDS human biomedical research on a person or their tissue/blood may not be undertaken without written informed consent; if the subject is a minor or incapable, consent must come from a parent or legal guardian.

A person who consents to anonymous HIV testing shall not be required to provide a name, age, address, or any other information that may potentially identify them; for voluntary anonymous testing an identifying symbol substitutes the person’s true name or identity.

The section prohibits denying employment or adverse treatment based on actual, perceived or suspected HIV status; requires health institutions to provide certain free services and to comply with universal precautions within sixty days; and prohibits employer policies that mandate HIV testing.

An educational institution must not refuse admission, expel, punish, segregate, or deny participation, benefits or services to a person solely because of that person's actual, perceived or suspected HIV status.

Denies that a person's freedom of abode, lodging, or travel within or outside Uganda may be denied or restricted solely because of the person's actual, perceived, or suspected HIV status; also forbids quarantining, isolating, refusing lawful entry, or deporting someone for that reason.

People may not be denied the right to seek elective or other public office solely because of actual, perceived, or suspected HIV status.

People cannot be forced to take an HIV test or disclose HIV status to get credit or insurance; insurers must set a no-test cover limit for life/health policies and may require testing or other measures for cover above that limit; appeals and court review are available.

A person must not be denied healthcare or charged a higher fee because of their actual, perceived, or suspected HIV status.

Parents, guardians or persons with custody of a minor must not discriminate against the minor because of the minor's actual, perceived or suspected HIV status.

Health institutions, health management organizations and medical insurance providers must facilitate access to healthcare services for persons with HIV without discrimination on the basis of HIV status.

A person who contravenes any of the provisions of this part shall be liable to a civil wrong.

A person who attempts to transmit HIV to another person commits a felony and on conviction is liable to a fine of not more than twelve currency points or imprisonment of not more than five years or both.

A health practitioner or a person referred to under sections 16 and 17 must not breach medical confidentiality or unlawfully disclose any person's HIV status.

Makes it an offence for a person to willfully and intentionally transmit HIV to another person; on conviction the person faces up to 120 currency points fine, up to 10 years imprisonment, or both; however a person shall not be convicted if specific conditions about awareness and consent or protected sexual intercourse apply.

Persons who obstruct or prevent implementation activities under the Act commit an offence and are liable to a fine of up to 240 currency points, imprisonment for up to 10 years, or both.

Making or publishing misleading statements or information about the cure, prevention or control of HIV is an offence punishable by a fine, imprisonment, or both.

A person who contravenes the provisions of the Act, where no specific punishment is prescribed, is liable on conviction to a fine of not more than two hundred and forty currency points or to imprisonment for a term of not more than ten years, or to both.

Sections 41 and 43 do not apply to transmission of HIV from a mother to her child before or during birth or through breastfeeding.