No. 23-XVI
of 16.02.2007
TITLE 1:
General Provisions Article 1: Scope and purpose of the law
1) The purpose of the present law is to provide
an effective framework of legal relations regarding
HIV/AIDS infection aimed at decreasing vulnerability to infection, by stopping the exponential growth of
HIV/AIDS and reducing its impact by ensuring with medical, social, psychological care people living
with HIV and their family members; by guaranteeing respecting their rights; as well as sustaining
prevention and control efforts over this infection.
HIV/AIDS infection aimed at decreasing vulnerability to infection, by stopping the exponential growth of
HIV/AIDS and reducing its impact by ensuring with medical, social, psychological care people living
with HIV and their family members; by guaranteeing respecting their rights; as well as sustaining
prevention and control efforts over this infection.
2) The present law has the following objectives:
a) promotion of complex policies aimed at uniting the efforts of
governmental, non governmental and
international institutions, of PLHIV, of private entrepreneurs and individuals, as well as the application of
a monitoring and evaluation system of prevention activities in the field of HIV/AIDS;
international institutions, of PLHIV, of private entrepreneurs and individuals, as well as the application of
a monitoring and evaluation system of prevention activities in the field of HIV/AIDS;
b) application of prevention measures as part of
a response system on the epidemic, based
on informational activities for population (including groups at risk), directed towards
increasing the level of knowledge of problems pertaining to HIV/AIDS;
on informational activities for population (including groups at risk), directed towards
increasing the level of knowledge of problems pertaining to HIV/AIDS;
c) exclude discrimination of
people affected by the HIV/AIDS epidemic, guarantee respect for human
rights in this context;
rights in this context;
d) development and
improvement of programmes pertaining
to child protection
with the
implementation of the educational system based on differentiated programmes,
promotion of a healthy lifestyle, including a no-drugs lifestyle, HIV/AIDS prevention
measures, as well as informing on problems of protection measures for HIV prevention, by stopping the
phenomenon of becoming orphan as a result of AIDS caused death of one parent or both;
implementation of the educational system based on differentiated programmes,
promotion of a healthy lifestyle, including a no-drugs lifestyle, HIV/AIDS prevention
measures, as well as informing on problems of protection measures for HIV prevention, by stopping the
phenomenon of becoming orphan as a result of AIDS caused death of one parent or both;
e)
ensure guaranteed access to medical and social care of
PLHIV, including treatment, care and support;
f)
ensure safe conditions for provision of medical care,
laboratory diagnosis, prevention of the risk of nosocomial and professional transmission.
Article 2: Legal framework
(1)
The legislation pertaining to the field of HIV/AIDS
prevention includes the Constitution, the present law, other normative acts, as
well as other international agreements and treaties to which the Republic of Moldova
is signatory;
(2)
If the treaty or international agreement to which the
Republic of Moldova is signatory establishes norms different than those of the
present law, the former shall apply.
Article 3: Definitions
For the purposes of the present law the following definitions shall
apply:
-
HIV - Human Immunodeficiency Virus, which leads to the
reduction and destruction of the immune system and provokes AIDS.
-
HIV-positive status - the presence of HIV markers
in the human body, which testify the infection.
-
AIDS (AcquiredImmune Deficiency Syndrome) - disease stage determined by
HIV.
-
ARV treatment - antiretroviral drugs that slow down the replication
and, therefore, the spread of the virus within the body.
-
Post Exposure Prophylaxis (PEP) - short-term antiretroviral
treatment to reduce the likelihood of HIV infection after potential exposure,
in professional services or through forced sexual intercourse/ in case of a
rape.
- Voluntary counselling and testing (VCT) - Includes both pre-testing
and post-testing counseling, including counselling aiming at forming an
informed consent to voluntary testing for HIV markers.
-
Confidentiality - protecting and upholding the right to privacy of an
individual who undergoes HIV testing or is diagnosed to have HIV;
-
Country Coordinating Mechanism of national programmes
on prevention and control of HIV/AIDS, sexually transmitted infections and
control of TB - functional intersectoral body which ensures the direction and
monitoring of strategies and activities of national programmes on prevention
and control of HIV/AIDS, sexually transmitted infections and control of TB and
grants of the Global Fund to combat AIDS, TB and Malaria, World Bank;
-
Universal standards of precaution - rules which foresee
mandatory conditions to prevent infection with HIV virus through blood exposure
and other biologic liquids for medical assistance and other services;
-
Substitution treatment - therapy using methadone
maintenance treatment;
-
Palliative assistance - actions which combine a set
of measures and treatments aimed at improving the quality of life of people
living with HIV/AIDS;
-
Nosocomial infection - contracting the HIV-virus
through interventions and medical instruments.
TITLE II:
PREVENTION FRAMEWORK
Article 4:
Framework of strategic prevention measures of HIV/AIDS infection
(1)
The framework of HIV/AIDS prevention measures is
established based on the provisions of the current law, other normative acts
based on the latter, as well as international treaties which Moldova is
signatory;
(2)
The HIV/AIDS prevention and control programmes are
integrated in the national development plan;
(3)
It is mandatory to promote greater involvement of PLHIV
and NGOs from the field in the elaboration and implementation of National plan
for prevention and control of HIV/AIDS infection and related programs, among
which are training programs oriented towards prevention, treatment and care,
legal and social assistance, including employment policies.
(4)
Raising public opinion awareness at national level,
through extensive information, education and communication activities, mass
media campaigns aimed at promoting safe lifestyles, health-seeking behaviour,
non-discrimination, gender equality and compassion;
(5)
Education institutions will be ensured with
informational materials regarding HIV transmission and promotion of non
discriminatory and tolerant attitude towards PLHIV.
Article 5: Education for
HIV/AIDS prevention
(1) The State is responsible,
at national level, for the elaboration and implementation of educational
programmes aimed at informing and educating children starting with 12 years
old,
teenagers and youth about safe
and responsible behaviours.
(2) HIV/AIDS prevention shall be mandatory incorporated in
the life-skills based education course included in school, professional
schools, university and post-university curricula, during official and less
official education activities among institutionalized youth, youth with mental
and physical disabilities, members of armed forces.
(3)
Training and promotion of activities related to
HIV/AIDS safe and responsible behaviour, ensuring with informational materials
the children outside educational institutions, is carried out in Youth Centers,
Children Centers and other social oriented institutions.
(4) It is compulsory for the Ministries and other central
and local administrative authorities to develop and implement activities
involving population, mass media resources, associations and other
organizations for participation in education and information dissemination
programmes about HIV/AIDS as part of medical assistance services, at the
workplace and at home.
(5) Education programmes are based on the principle of non
discrimination, promotion of tolerance towards PLHIV, respecting and
guaranteeing their rights.
Title III
PREVENTION AMONG GROUPS AT RISK
Article 6: Family, children,
youth and HIV/AIDS infection
1) Children benefit of counselling adapted to their
special needs. All confidentiality principles active for adults will be
respected.
2) Children and youth affected by HIV/AIDS shall benefit
of equal rights as their peers, benefiting of access to educational and HIV/AIDS
prevention programmes, social assistance and legal protection, as well as care
and treatment, which they require as a result of their status.
3) Children and youth affected by HIV/AIDS from medical,
social, education and penitentiary institutions can not be discriminated with
regards to their status.
4) Children and youth affected by HIV/AIDS, victims of
human trafficking or sexual exploitation, are treated accordingly.
5) HIV positive women benefit of free contraception
methods, including voluntary sterilization based on informed consent subsequent
to thorough counselling.
Article 7: HIV/AIDS prevention
among injecting drug users
(1)
Ministries and other involved central administrative
authorities, decentralized public sanitary services elaborate educational,
medical and social programs for injecting drug users, aimed at reducing drug
consumption, promoting HIV/AIDS prevention among IDUs and informing about the
availability of voluntary confidential substitution treatment.
(2)
Ministries and other involved central administrative
authorities, local public administrative authorities, decentralized public
sanitary services implement educational, medical and social programs for
injecting drug users, covering a large geographic territory with these
programs, as well as ensure greater accessibility to prevention materials.
(3)
Harm reduction programs include education, prevention,
awareness raising and counselling activities.
(4)
Substitution therapy employing methadone maintenance
treatment is to be offered on voluntary and confidential basis to all persons
asking for such treatment meeting the established selection criteria.
Article 8:
HIV/AIDS prevention among armed forces
The Ministry of Defense,
Ministry of Interior, Border Guard Troops Department shall develop and
implement efficient HIV/AIDS prevention programmes through promoting safe and
responsible behaviours, shall develop minimal knowledge standards and
incorporate such awareness and prevention programmes in the regular staff
military training.
Article 9: Prevention
activities in penitentiary institutions
The
Ministry of Justice ensures:
a) education and training of staff and inmates, with the purpose to
develop skills and knowledge on
HIV/AIDS prevention, safe and responsible behaviors, pre and post voluntary testing, consent for HIV
testing;
HIV/AIDS prevention, safe and responsible behaviors, pre and post voluntary testing, consent for HIV
testing;
b)
harm reduction programs, among which providing bleach
and needle exchange supported by free of charge condom distributions in all
prisons;
c) access to free of charge ARV treatment and treatment
for opportunistic infections.
Article 10: HIV/AIDS
prevention among immigrants, emigrants, refugees and asylum seekers
(1)
Ministries and other involved central administrative
authorities, decentralized public sanitary services elaborate and implement
prevention programmes aimed at developing minimum skills and knowledge on
HIV/AIDS among immigrants, emigrants, refugees and asylum seekers and provide
them with informational materials.
(2) inistry of Health, in partnership with other
ministries and central administrative authorities organize HIV/AIDS prevention
activities, provide social and material assistance to immigrants, emigrants,
refugees and asylum seekers.
(3) Immigrants, emigrants, refugees and asylum seekers
benefit of ARV and treatment of opportunistic infections according to the
legislation in force.
Title IV
VOLUNTARY
COUNSELLING AND TESTING
Article 11: Access to testing
(1)
Citizens of the Republic of Moldova, foreign citizens
and stateless persons who live or temporarily reside on the territory of the
Republic of Moldova shall have the right to a medical test free of charge
(anonymously) with the aim to determine as early as possible HIV virus or AIDS
epidemic.
(2)
Testing for HIV markers shall be performed according
to the standards and rules for testing, developed and approved by the Ministry
of Health in accordance with the present law and upon individual request.
Article
12: Counseling and testing centers and laboratories
(1) Pre and post-test to HIV counseling
services are conducted in public or private medical
sanitary institutions
accredited and empowered accordingly, as well as by health services for youth
certified according to law. Counselors shall be competent enough to meet
Ministry of Health standards.
(2) Testing to HIV markers is conducted by
public medical sanitary institution's
laboratories
and by those of Centers of Preventive Medicine of the Ministry of Health
accredited accordingly to law.
Article 13: Consent for HIV
testing
(1)
All HIV tests shall be done upon written voluntary and
informed consent of the individual.
(2)
In case of minors, a written informed consent shall be
obtained from his/her legal guardian as well as from the child. In case such a
written consent cannot be obtained from the legal guardian of the minor, and
the test is considered to be in the most interest to the individual, the test
can be performed only with voluntary written consent of the minor.
(3)
The written consent of the mentally incapacitated
individual is a precondition for HIV testing.
(4)
For those in the ward of the state, the legal guardian
shall bear responsibility for the decision to take HIV test.
Article 14: Confidentiality
(1) The right to
confidentiality is guaranteed in case an individual undergoes HIV testing or is
diagnosed to have HIV.
(2) The result of HIV test shall
be confidential and shall be released only to the following:
a)
Person who was tested;
b)
Parent or legal guardian of a minor who was tested;
c)
Legal guardian of a person with mental disabilities;
d)
Head of medical-sanitary institution, where markers to
HIV were collected
e)
Head of public medical-sanitary institution in
residential area of the person who have been tested (family doctor);
f)
Judge that has issued a court order in the conditions
described in article 15 below.
(3)
People diagnosed as HIV positive should be informed in
written form by the medical-sanitary institutions on the need to follow the
rules for prevention of HIV/AIDS transmission, as well as on the criminal
charges for willingly endangering with contamination or for willingly infecting
other persons.
4)
Any person with HIV shall disclose his/her HIV status
and health condition to his/her spouse or sexual partner.
(5)
Healthcare professionals may notify wife/husband or
partner(s) of their patient's HIV status only if they examine circumstances of
each individual case, carefully considering medical ethics and patient-doctor
confidentiality standpoint, so require, and if the following criteria are met:
a)
the HIV-positive person has received adequate
counseling services;
b)
counselling of the HIV-positive person has failed to
achieve appropriate behavioral changes, aimed at reducing the danger of HIV
transmission;
c)
the HIV-positive person has refused to notify, or give
consent to the notification of his/her wife/husband or partner(s);
d) a real risk of HIV
transmission to the partner(s) exists;
e)
the advance notice given to HIV positive person to
announce his/her status has expired.
(6) The medical personnel and other people, who have access to
information regarding HIV medical tests
and results (AIDS disease) due to their job responsibilities, shall keep such information confidential.
Disclosure of such information shall be punished by the legislation in force.
and results (AIDS disease) due to their job responsibilities, shall keep such information confidential.
Disclosure of such information shall be punished by the legislation in force.
Article 15: Prohibition of
mandatory HIV testing
(1)
Policies calling for mandatory testing as precondition
for employment, travel, access to medical services, and admission to education
institutions are prohibited, except for the cases set in the legislation in
force. All forms of hidden HIV testing are prohibited.
(2)
The following cases refer to compulsory HIV testing:
a. Donations of blood, liquids, tissue and organs;
b. Upon a court order when a
person is charged with the crime of willful transmission of HIV or rape, and
when the person responsible for this does not give consent for testng after
benefiting of thorough counselling.
Article 16: Sentinel testing
(1) Sentinel surveillance is the testing of HIV on blood
specimens drawn and collected for another legitimate purpose in selected
populations, such as pregnant women, IDUs, prisoners, commercial sex workers,
with the purpose to determine HIV epidemic trends associated with specific risk
behaviours or practices.
(2)
Before testing, all information which could identify
the individual being tested shall be excluded. Public health authorities shall
be informed on the number of HIV cases and not on any other information.
Title V
CARE AND TREATMENT
Article 17: Medical surveillance
HIV-positive
and AIDS affected individuals are subject to medical surveillance. Article 18: National Protocols
for Treatment of PLHIV
(1) National Protocols for Treatment of PLHIV and affected by AIDS are
developed and approved by
The Ministry of Health. The
National Protocols shall ensure the accessibility of basic hospital and drugs
services.
(2) The services shall
include:
a) diagnosis and treatment of HIV/AIDS, opportunistic
diseases, sexually transmitted infections, other infections and complications;
b)
laboratory services;
c)
emergency treatment;
d)
psychological assistance;
e)
social assistance;
f)
palliative care.
Article 19: Access to ARV
treatment and other forms of treatment
(1)
The State shall ensure universal access of all PLHIV
to ARV treatment and treatment of opportunistic infections, based on clinical
and immunological indications free of charge through the National Programme on
Prevention and Control of HIV/AIDS and STIs.
(2)
PLHIV and AIDS affected people benefit of primary
medical assistance based on the common mandatory insurance services package
according to the legislation in force.
Article 20: Palliative care of
PLHIV
(1) The Ministry of Health develops standards on
palliative care for patients in hospitals and at-home.
(2) Ministry of Health and Ministry of Social Protection,
Family and Child coordinate at national level palliative care services.
(3) Doctors inform PLHIV families on palliative care, at
request.
Article 21: HIV/AIDS
prevention for mother- to- child transmission
(1) All pregnant women shall
have access to free voluntary counselling and testing to HIV;
(2) HIV positive women and their children shall have full access to
free of charge ARV
treatment;
treatment;
(3) All children born from HIV
positive mothers shall be provided with artificial milk formula.
Title VI
PROHIBITION
OF DISCRIMINATION
Article 22: Prohibition of discrimination at the workplace
(1) Any form of discrimination based on HIV positive
status, at any stage of employment, including hiring, promotion or assignment,
both in private or public field, including appointment in public positions, is
prohibited.
(2)
HIV positive persons already employed by any public or
private company shall be entitled to the same employment rights, benefits and
opportunities as other employees.
(3)
Dismissal from work on the basis of HIV status is
prohibited.
(4)
A list of jobs and professions which cannot hire
HIV-positive individuals shall be approved by the Ministry of Health and
Ministry of Social Protection, Family and Child;
(5)
Victims of discrimination are entitled to appeal to a
court of law for imposing retributions on responsible parties.
(6)
Depending on the stage of the infection, PLHIV or
people affected by AIDS benefit of free professional orientation or
reorientation services, according to legislation.
Article 23: Prohibition of
discrimination in educational institutions
1)
No educational institution shall refuse admission to
any prospective student or discipline; segregate, deny participation to
activities, including sport ones, deny benefits or services to; or expel any
current student on the basis of his/her HIV positive status.
2)
Discrimination of PLHIV relatives or partners is
prohibited.
Article 24: Restrictions on
Travel and Habitation
1) Entrance into the Republic of Moldova for a period longer than 3
months is permitted only upon submission of a medical certificate with a
negative HIV test.
2) A person who has not undertaken such a test shall
present himself in a period of 10 days from his arrival in the Republic of
Moldova to the relevant medical institutions to be tested for HIV. Consequently
such procedure shall be performed once a year
3)
The person in charge, the entrepreneur or an
individual person who is hosting the foreign citizen shall be responsible under
the law for verifying the possession of a medical certificate for HIV test, and
in case the foreign citizen does not have such a certificate, the host shall be
responsible for assisting him to access the relevant medical institution in
order to perform an HIV test.
Article 25: Prohibition of
discrimination in hospitals and health institutions either public, departmental
or private
1) Each individual shall have equal access to medical
services, regardless of perceived or actual HIV status.
2) No hospital or other health institution, private,
departmental or public, shall deny access to health care services to PLHIV or
those perceived or suspected to be HIV-infected, nor charge the said persons
higher fees.
Article 26: Prohibition of
discrimination in accessing credit, insurance and loan services
All credit, loan or insurance
services (health, accident, life etc.) access shall not be denied to a person
on the basis of his/her HIV positive status. These people shall not conceal or
misrepresent his or her HIV status to the insurance company upon application.
Extension and continuation of credit and loan shall likewise not be denied
solely on the basis of said health condition.
Article 27: Retributions for
violating the rights HIV positive people
Violation of the rights of
people living with HIV, on behalf of heads of enterprises with any form of
propriety or company type, educational institutions, private, public and
departmental sanitary-medical and health institutions, as well as infringement
of PLHIV interests shall be punished according to the existing legislation.
TITLE VII
ACCESS TO
LEGAL ASSITANCE FOR PLHIV AND THEIR RESPONSIBILITY
Article 28: Availability of
legal support services and confidentiality of legal proceedings
(a)
HIV positive people benefit of free legal assistance
upon request for filing suit with respective complaint units or filing suit in
front of a court of law. Legal assistance in court is free of charge.
(b) All court and public administration authorities'
sessions involving people infected with HIV shall be secret, at the latter
request.
Article 29: The responsibility
of HIV positive people
1) HIV-positive people shall act responsibly to protect
their personal state of health and prevent HIV transmission.
2) A person aware of his/her HIV status and knowingly
endangering the contamination of another person can be charged with a criminal
offence.
Title VIII
PREVENTION OF NOZOCOMIAL INFECTING
Article 30: Ensuring the
protection of patients
The heads
of private, public and departmental medical and sanitary institutions are
required to ensure the adequate conditions to prevent the infection of patients
with HIV:
(a) During
laboratory and medical tool examination, including testing for HIV, surgical,
gynecological, dental interventions, medical procedures and instruments;
(b) Through blood transfusion,
blood components and eradicators.
Article 31: Ensuring the
protection of medical workers
1) The Ministry of Health shall develop universal precaution
measures for prevention of infection.
2)
Following universal standards mentioned in point (1)
is a mandatory condition for medical assistance services, for other services
which involve exposure to blood and other body fluids.
3) Training of medical personnel in this field shall be
performed by the administration in public medical institutions and by the
patron of private institutions.
4) Availability of the necessary inventory (disposable
syringes, sterilisers, cleaning utensils, gloves) are a precondition for the
accreditation and re-accreditation of the respective institutions.
Article 32: Access to
post-exposure prophylactic (PEP) kits
Victims of rape and those
exposed through occupational exposure to HIV shall have access to
free-of-charge post-exposure prophylactic (PEP) kits in all public medical
institutions.
Article 35: Liabilities in
case of nosocomial infecting
1) The citizens of the Republic of Moldova who have been
infected as a result of blood transfusions, medical interventions and tools are
guaranteed a handicap pension caused by work accident;
2) Moral and materials damages shall be compensated to
the infected person by the medical institutions where the infection occurred;
3) Contraction of the HIV virus by medical personnel as a
result of professional activity is considered a professional illness.
Title IX
FINAL AND TRANSITORY PROVISIONS
Article 34.
The Government:
a) Shall present the Parliament
proposals on amending the existing legislation in accordance with the present
law;
b) Shall ensure the revision and
abrogation by all ministries and departments of all normative acts, which are
not in accordance with the present law;
c)
At the date the current law enters into force, Law nr.
1460-XII as of May 25 1993 regarding the prevention of AIDS is abrogated.
Chisinau, 16 February 2007, Nr. 23-XVI
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