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)
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