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Yunnan AIDS Prevention and Control Law to Take Effect in March
[Yunnan Daily, 5 Feb 2004]

The Yunnan AIDS Prevention and Control Law has already passed the 12th session of the Yunnan Standing Committee, and will come into effect on 1 March. In addition to requiring that hotels and other public places providing accommodation, as well as places of entertainment provide condoms to guests, the law will also require that free treatment is provided to prevent mother to child transmission for HIV-infected people, and will forbid revealing private information about people with HIV/AIDS.

Protects the Privacy of people with HIV/AIDS

The regulation requires that medical institutions, work units and individuals must protect the secrecy of people infected with HIV and people with AIDS. They must not reveal people’s names, addresses, places of employment or personal medical history. Medical institutions must follow regulations and provide HIV testing, and must report the results of those tests. It is forbidden to conceal or distort the epidemic. It is not permitted to refuse to treat people with AIDS. It is not permitted to use unapproved or self-prescribed anti-viral treatment. Medical institutions in violation of the above rules will be corrected by county-level and higher public health departments with a warning, and their permission to provide medical treatment will be dealt with according to the law. Those responsible staff, or the staff responsible for the facility, or those with direct responsibility will be demoted or punished according to the law. If there is a criminal activity, they will be held criminally responsible.

Protect the legal rights of those with AIDS

The rights of people with HIV/AIDS and their family members will be protected by law, and no body or person may discriminate against people with HIV or AIDS or their families. It is not permitted to deprive them of their right to work, study or live.

People with HIV/AIDS must start receiving anti-retroviral treatment from health facilities specified by the provincial level health department. If people with HIV/AIDS need other treatment than that specified above, it is forbidden for medical institutions to use any reason to deny them that treatment.

Assistance for people with HIV/AIDS in financial difficulties

Medical institutions should provide HIV-positive mothers with free treatment to prevent mother to child transmission of HIV. For urban residents in financial difficulties and rural residents, people with HIV/AIDS should receive free anti-retroviral treatment and condoms.

County and higher level governments should provide living assistance for those people with HIV/AIDS who meet the standards for social assistance, and provide living assistance to children and the elderly who are left behind when people die of AIDS.

All donated organs must undergo inspection.

From today, all donated organs, blood, bone, and blood products must be inspected for the HIV virus. It is forbidden for people with HIV/AIDS to donate organs, blood, bone or blood products. Anyone who violates this rule will be warned or punished by county or higher level health authorities, and fined between 1000 and 10,000 yuan. For serious violations, the fine will be from 10,000 to 30,000 yuan, and any criminal violations will be dealt with according to the law.

Public places will distribute condoms

Hotels, Inns, Guest Houses and other places of public accommodation, and commercial public places entertainment will provide condoms or facilities to purchase condoms. Bus stations, airports, ports, construction sites tourist sites and places with a high concentration of migrant people can provide condoms based on the actual circumstances and needs. Approved commercial institutions providing drug rehabilitation and institutions providing treatment for sexually transmitted diseases or HIV/AIDS, will provide condoms or facilities to purchase condoms.

Responsibility for the emergence of HIV/AIDS

For those officials or official bodies that do not follow these rules, they will be held responsible for any resulting HIV transmission and resulting effects. They will be demoted or punished according to the law. If there are serious effects, the punishment will be removal from post. Any criminal violations will be dealt with according to law.

Scientific research bodies spreading the virus will be held responsible

Those organizations engaged in AIDS prevention and control work should strictly enforce health department regulations on management structures and rules of operation, and prevent any transmission or spread of HIV in the laboratory.

The storage, transport and use of HIV viral materials must be done in accordance with national regulations. No body or person is permitted to trade, exchange, or transport such materials.

HIV/AIDS testing laboratories and equipment, and their approval and management, must be carried out according to national regulations.

Any violation of the above regulations will result in a warning from county or higher level health authorities, or fine of between 1000 and 10,000 yuan. Serious violations will result in a fine of between 10,000 and 30,000 yuan. Any criminal violations will be dealt with according to law.

All persons in custody must be dealt with equally

Those with HIV/AIDS in compulsory drug rehab centers, re-education through labour, or detention facilities, or in custody where their freedom is limited, will receive medical management from the supervisory unit under the guidance of the disease control authorities. When permission is granted to leave such facilities, the supervisory unit should report to the local disease control authorities.

Zhang Zizhuo (Chungcheng Evening News)