HIV and AIDS Prevention and Control Act, 2015
Act 1 of 2015
- Published in Uganda Gazette 7 on 13 February 2015
- Assented to on 31 July 2014
- Commenced on 13 February 2015
- [This is the version of this document from 13 February 2015.]
Part I – Preliminary
1. InterpretationIn this Act, unless the context otherwise requires—"Acquired Immuno Deficiency Syndrome (AIDS)" means a condition characterized by a combination of signs and symptoms, resulting from suppression of the immune system caused by infection with the Human Immunodeficiency Virus (HIV);"Anonymous testing" refers to an HIV testing procedure where by the individual being tested does not reveal his or her true identity and an identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test result with the identifying number or symbol;"ART" means antiretroviral therapy;"ARVs" means anti-retroviral drugs that suppress HIV multiplication in the body of a person living with HIV;"Biomedical research means"—(a)the study of specific diseases and conditions (mental or physical), including detection, cause, prophylaxis, treatment, and rehabilitation of persons;(b)the design of methods, drugs and devices used to diagnose, support, and maintain the individual during and after treatment for specific diseases or conditions; or(c)the scientific investigation required to understand the underlying life processes which affect disease and human well-being, including such areas as cellular and molecular bases of diseases, genetics, immunology;"counsellor" means a person who has undergone an HIV and AIDS counselling course approved by the Minister;"court" means a Chief Magistrate, or Magistrate Grade I court;"disclosure" means the act or process of making known something that was previously unknown, a revelation of facts;"discordance" means a situation where one of the partners in a sexual relationship is HIV positive and the other is HIV negative;"discrimination" means an act of alienation, refusal, isolation, maltreatment, disgrace, prejudice, or restriction of rights towards another person because of the awareness or suspicion that such person is living with HIV and AIDS or has a close relationship with a person living with HIV-living or suspected HIV-living person;"essential and non-essential drugs" shall be as determined by the Minister;"Fund" means the HIV and AIDS Trust Fund established under section 25;"guardian" means a person who has the legal responsibility for providing the care and management of a person who is incapable, either due to age, or to some other physical, mental, or emotional impairment, of administering his or her own affairs;"health institution" includes a public or private hospital, clinic, nursing home, maternity center, medical laboratory, blood bank or other specialized establishment of the same nature;"health practitioner" includes medical practitioner, other qualified officer, or counsellor;"health unit" includes a public or private hospital, health center, clinic, nursing home, maternity center, or other specialized establishment of the same nature;"HIV testing" means the application of medical professional techniques to determine the status of HIV infection in samples of blood or other fluid or tissue from a human body;"Human Immunodeficiency Virus (HIV)" is the virus that causes immune deficiency syndrome in humans;"informed consent" means consent given specifically to a proposed intervention, without any force, undue influence, fraud, threat, mistake, or misrepresentation and obtained after disclosing to the person giving consent, adequate information including risks and benefits of and alternatives to the proposed intervention in a language and manner understood by the person;"medical practitioner" means a person registered under the Medical and Dental Practitioners Act to practice medicine, surgery, or dentistry;"Minister" means the Minister responsible for health;"minor" means a person who is below the age of 12 years;"other qualified officer" includes an allied health professional registered under the Allied Health Professionals Act, nurse or midwife registered or enrolled under the Nurses and Midwives Act or any other person as the Minister may by statutory instrument prescribe;"partner" means a spouse or a person with whom a person is having a sexual relationship;"sexual offence" includes rape, defilement, or incest;"skin penetrative instrument" includes any sharp object, razorblade, safety pin, syringe, tattooing equipment, or any surgical tool.
Part II – Prevention of HIV
2. Reasonable care to be taken to avoid transmission of HIV
Part III – HIV counselling and testing
3. Pre and post-test HIV counselling
4. Counselling to be conducted by trained HIV counsellorsCounselling of any person under this Act shall only be conducted by a medical practitioner, other qualified officer, or counsellor.
5. Nature of pre-test counsellingA counsellor shall provide pre-test counselling to a person who has consented to be tested for HIV which shall include—
6. Nature of post-test counselling
7. Continuous counsellingA health unit shall, after the post-test counselling, offer continuous counselling sessions to a person whose test results are HIV positive to enable the person to effectively cope with his or her HIV status.
8. HIV testing services
9. Voluntary HIV testingA person may take a voluntary HIV test if he or she gives his or her informed consent.
10. Persons incapable of giving informed consent to HIV testing
11. Consent to test for HIV may be dispensed withConsent to HIV test under section 9 and 10 may be dispensed with where—
12. HIV testing of persons charged with sexual offencesA person who is apprehended for a sexual offence shall be subjected to HIV testing for purposes of criminal proceedings and investigations.
13. Routine HIV testingThe following persons shall be subjected to routine HIV test for purposes of prevention of HIV transmission—
14. HIV testing under a court orderNotwithstanding section 9, a person may be subjected to an HIV test under a court order.
15. Provision of appropriate treatment to HIV positive pregnant woman
16. Testing of the newborn child exposed to HIV
17. Efficiency to be ensured in testing
18. Disclosure or release of HIV test results
19. Confidentiality of test results and counselling information
20. Person tested to be notified on disclosureThe medical practitioner or other qualified officer giving the results of an HIV test to any person shall, except in the case of other professionals involved in the treatment or care of the person tested, inform the person tested of the disclosure giving—
21. Organ, tissue, body fluid or part of the body to be identified with test resultsA person donating any organ, tissue, body fluid or part of his or her body for the treatment of another person or insemination of sperm, shall be subjected to HIV testing.
22. Testing of donated blood
23. Testing centers to maintain health standardsA health unit carrying out HIV testing shall maintain good health standards as may be prescribed by the Minister.
Part IV – State responsibility in HIV control
24. State obligations
Part V – HIV and AIDS Trust Fund
25. Establishment of the FundThere is established a Fund to be known as the HIV and AIDS Trust Fund.
26. Object of the FundThe 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.
27. Source of moneys of the Fund
28. Administration of the Fund
Part VI – HIV and AIDS related human biomedical research
29. Requirements for research
30. Consent to research
31. Anonymous testing
Part VII – Discrimination on grounds of HIV status
32. Discrimination in the workplace
33. Discrimination in schoolsAn educational institution shall not deny admission or expel, punish, segregate, deny participation in any event or activity, or deny any benefits or services to a person on the grounds only of the person's actual, perceived or suspected HIV status.
34. Restriction on travel and habitation
35. Prohibition from public serviceA person shall not be denied the right to seek an elective or other public office on the grounds only of the person's actual, perceived or suspected HIV status.
36. Exclusion from credit and insurance services
37. Discrimination in health institutionsA person shall not be denied access to healthcare services in any health institution or be charged a higher fee for any such services, on the grounds only of the person's actual, perceived or suspected HIV status.
38. Protection of children living with HIV against discriminationA parent, guardian or a person having custody of a minor shall not discriminate against him or her on the grounds of the minor's actual, perceived or suspected HIV status.
39. Access to healthcare servicesA health institution, whether public or private, and health management organization or medical insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on the basis of HIV status.
40. Liability for discriminatory acts and practicesA person who contravenes any of the provisions of this part shall be liable to a civil wrong.
Part VIII – Offences and penalties
41. Attempted transmission of HIVA person who attempts to transmit HIV to another person commits a felony and shall on conviction be liable to a fine of not more than twelve currency points or imprisonment of not more than five years or both.
42. Offences relating to breach of confidentiality
43. Intentional transmission of HIV
44. Penalty for offence relating to obstructionA person who obstructs or prevents any activity related to implementation of provisions of this Act in any manner commits an offence and shall be liable 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.
45. Misleading information or statement
46. General penaltyA person who contravenes the provisions of this Act, where no specific punishment is prescribed shall be 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.
47. Exemption to creation of riskSections 41 and 43 shall not apply to any transmission of HIV by a mother to her child before or during the birth of the child or through breastfeeding.
Part IX – Miscellaneous provisions
48. Laboratory analysis
49. RegulationsThe Minister may make regulations for the better carrying out of the provisions of this Act.
50. Minister to issue technical guidelines on surgical, dental, and other procedures or treatmentsThe Minister may—
History of this document
13 February 2015 this version
31 July 2014