LAW OF TURKMENISTAN

of March 26, 2016 No. 372-V

About counteraction to spread of the disease caused by human immunodeficiency virus (HIV infection)

This Law establishes legal, organizational and economic basis of prevention of the disease caused by human immunodeficiency virus.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

The basic concepts used for the purposes of this Law mean the following:

1) human immunodeficiency virus (further – HIV) – virus which causes human body immunodeficiency;

2) HIV infection – the chronic infectious disease caused by HIV;

3) HIV-positive person – person in whose organism HIV is revealed;

4) acquired immunodeficiency syndrome (AIDS) – final stage of HIV infection with different display of the serious and dangerous illnesses caused by deep defeat of immune system of the person;

5) medical examination on HIV – inspection of persons on the detection of HIV which is followed by carrying out to - and posttest consultation;

6) obligatory medical examination on HIV – physical examination of persons which is the mandatory requirement for separate categories of persons determined by this Law and also persons whose list is determined by the Ministry of Health and the Medical Industry of Turkmenistan;

7) forced medical examination on HIV – physical examination of person concerning which good reasons to believe are had that at it the HIV infection availability which is carried out without its consent or without the consent of his legal representative in the cases and procedure determined by this Law and other regulatory legal acts of Turkmenistan is revealed;

8) anonymous medical examination on HIV – voluntary physical examination of persons on the detection of the HIV conducted without production of documents, proving the identity and without message of personal data of person undergoing inspection;

9) confidential medical examination on HIV – physical examination of person on detection of HIV in case of which to the examined person preserving in secret is guaranteed to information on the fact of passing of inspection on availability of HIV and about its results;

10) the patient with AIDS – the person which is in final stage of HIV infection, having the serious and dangerous illness leading to death as a result of deep defeat of immune system of the person;

11) biological liquids – liquids which are produced by human body: blood, semen, cerebrospinal fluid, liquid of genitals, breast milk, saliva, sweat, tear, urine;

12) anti-retrovirus medicines (ARV-medicines) – the medical supplies influencing the HIV allowing to reduce sharply content of virus in blood of the person and to prolong full-fledged life to HIV of the infected person.

Article 2. The legislation of Turkmenistan on counteraction to spread of the disease caused by human immunodeficiency virus (HIV infection)

The legislation of Turkmenistan on counteraction to spread of the disease caused by human immunodeficiency virus (HIV infection) is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. The main directions of state policy in the sphere of counteraction to spread of the disease caused by human immunodeficiency virus (HIV infection)

The main directions of state policy in the sphere of counteraction to spread of the disease caused by human immunodeficiency virus (HIV infection) (further – counteraction to spread of HIV infection), are:

1) increase in educational level of the population concerning healthy lifestyle, cultural wealth and sex education, including provision to the population of information on HIV infection questions;

2) implementation of measures for counteraction to spread of HIV infection by providing with the modern, conforming to international standards test systems for timely diagnosis of HIV;

3) ensuring availability and safety of medical examination on HIV with carrying out to and posttest consultation on the basis of confidentiality and anonymity;

4) performing anonymous medical examination on HIV on free basis;

5) ensuring confidentiality of information on the fact of medical examination on HIV and its results;

6) the organization of control of safety of the medical supplies used in the diagnostic, medical and scientific purposes, biological liquids, bodies and body tissues of the person;

7) implementation of sanitary and epidemiological surveillance behind safety of the medical and diagnostic procedures which are carried out in medical institutions and also behind holding actions for counteraction to spread of HIV infection during provision to citizens of the cosmetology, hairdresser's and other services connected with possibility of violation of integrity of skin and mucous membrane of human body;

8) implementation of epidemiological surveillance behind spread of HIV infection in the territory of Turkmenistan taking into account respect for the principles of confidentiality in case of its carrying out;

9) ensuring access of the population to the prophylactics (condoms) allowing to prevent spread of HIV infection and infection of HIV sexually;

10) ensuring free access for HIV-positive persons and patients with AIDS to receipt of all types of the diagnostic, medical and advisory help, provision of medicines in treatment and prevention facilities;

11) rendering the public assistance to HIV-positive persons and sick AIDS, assistance to receipt of education by them, to their employment, advanced training and retraining;

12) safety of working conditions and individual protection equipment of the health workers and other specialists having risk of infection of HIV;

13) inclusion in training programs of educational institutions of thematic Sections concerning HIV infection;

14) training of specialists for implementation of actions concerning HIV infection;

15) carrying out scientific research concerning HIV infection;

16) conducting obligatory testing for the purpose of detection of HIV in the received from blood donors (its components) and other biological liquids, bodies and body tissues of the person for ensuring prevention of transfer of HIV infection in case of their use in medical practice and in scientific research;

17) provision of customs and tax benefits when importing to Turkmenistan of the medicines intended for treatment and prevention of HIV infection according to the procedure established by the legislation of Turkmenistan;

18) development of international cooperation in the sphere of counteraction to spread of HIV infection.

Article 4. Financing of activities in the sphere of counteraction to spread of HIV infection

Financing of activities in the sphere of counteraction to spread of HIV infection is performed at the expense of means of the Government budget of Turkmenistan, and also other sources which are not forbidden by the legislation of Turkmenistan.

Chapter II. State regulation and control in the sphere of counteraction to spread of HIV infection

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