Chương II Nghị định 63/2021/NĐ-CP: Quản lý, tuyên truyền, tư vấn, xét nghiệm, chăm sóc, điều trị cho người nhiễm hiv và dự phòng lây nhiễm hiv trong cơ sở quản lý

Chapter II

MANAGEMENT, INFORMATION DISSEMINATION, COUNSELING, TESTING, CARING AND TREATMENT OF HIV-POSITIVE PERSONS, AND PREVENTION OF HIV INFECTION IN MANAGEMENT FACILITIES

Article 3. Management of supervised persons

1. After receiving a supervised person, the management facility shall collect their drug use history, HIV infection status and history of treatment using antiretroviral drugs and opioid substitution therapy to classify them.

2. Classify supervised persons and carry out HIV/AIDS prevention and control as follows:

a) Management facilities shall organize treatment using antiretroviral drugs for supervised persons with confirmed HIV infection according to regulations in Article 6 of this Decree;

b) Management facilities shall organize HIV counseling and testing for supervised persons whose HIV infection status is unknown according to regulations in Article 5 of this Decree. For supervised persons mentioned in Clauses 1, 2, 3 and 4 Article 9 of this Decree, their management facilities shall organize pre-exposure prophylaxis with antiretroviral drugs according to regulations in Article 7 of this Decree.

3. Requirements for management facilities:

a) Assign work suitable for the health conditions of HIV-positive supervised persons;

b) Do not divide HIV-positive supervised persons into separate groups for study, daily living, work or treatment, unless they have illnesses that require isolation as per the law;

c) Do not assign HIV-positive supervised persons to work prone to infection or cause scratches or work posing risk of transmitting HIV to other people.

4. Management facilities shall manage HIV/AIDS treatment dossiers and dossiers on pre-exposure prophylaxis using antiretroviral drugs of supervised persons.

Article 4. Dissemination of information on HIV/AIDS prevention and control in management facilities

1. Information on HIV/AIDS prevention and control to be disseminated includes:

a) HIV causes and transmission routes, prevention measures for HIV infection and measures for caring and treatment of HIV-positive persons;

b) Impacts of HIV/AIDS on human health and lives as well as socio - economic development;

c) Rights and obligations of individuals and HIV-positive persons in HIV/AIDS prevention and control;

d) Methods and services for testing, caring, supporting and treatment of HIV-positive persons;

dd) Intervention measures to reduce harm in HIV exposure prophylaxis;

e) Prevention of discrimination against HIV-positive persons;

g) Sexually transmitted infections and other healthcare contents;

h) Guidelines of the Communist Party and policies and law of the State on HIV/AIDS prevention and control.

2. Methods for dissemination of information on HIV/AIDS prevention and control include:

a) Via means of communications such as speakers, panels, posters, motivational paintings; films containing information on HIV/AIDS prevention and control;

b) Dissemination to groups of supervised persons divided by management facilities;

c) Dissemination to each supervised persons;

d) Dissemination via events such as competitions about HIV/AIDS prevention and control; performances and events containing information on HIV/AIDS prevention and control in celebration of events of management facilities or national month of action for HIV/AIDS prevention and control;

dd) Incorporating information on HIV/AIDS prevention and control into continuing education programs of management facilities;

e) Distributing communicating documents and printed publications to supervised persons;

g) Policies and law of the State on HIV/AIDS prevention and control shall be disseminated according to regulations in Article 21 of the Law on Law Popularization and Education.

3. Disseminate information on HIV/AIDS prevention and control to every supervised person at least twice a year.

Article 5. HIV counseling and testing for supervised persons

1. Conditions for counseling before and after HIV testing for supervised persons by management facilities:

a) Persons in charge of counseling before and after HIV testing must receive training in HIV/AIDS prevention and control;

b) Counseling shall take place at a private location;

c) There are a table, chairs and communicating documents supporting counseling.

2. Management facilities may test supervised persons for HIV when they meet the conditions provided in Decree No. 75/2016/ND-CP, Decree No. 109/2016/ND-CP and Decree No. 155/2018/ND-CP.

3. HIV counseling content and testing techniques shall adhere to professional guidelines on examination and treatment and HIV/AIDS.

4. Any management facility not meeting the conditions in Clauses 1 and 2 of this Article shall request the Department of Health or Ministry of National Defense to appoint a qualified healthcare facility under its management (hereinafter referred to as “appointed facility”) to cooperate in HIV counseling and testing for supervised persons in writing.

Article 6. HIV/AIDS care and treatment for supervised persons

1. Management facilities may provide HIV/AIDS treatment for supervised persons when they meet the conditions in Decrees No. 109/2016/ND-CP and No. 155/2018/ND-CP. Management facilities ineligible for HIV/AIDS treatment shall request for an appointed facility to cooperate in providing HIV treatment for supervised persons in writing.

2. Care, treatment and formulation of HIV/AIDS treatment dossiers for supervised persons shall be carried out in compliance with professional guidelines on examination and treatment and HIV/AIDS.

3. Management facilities eligible for HIV/AIDS treatment shall formulate dossiers on treatment using antiretroviral drugs for supervised persons. Management facilities ineligible for HIV/AIDS treatment shall request for an appointed facility to cooperate in formulating HIV/AIDS treatment dossiers for supervised persons in writing.

4. Transition of treatment using antiretroviral drugs for supervised persons shall be carried out as follows:

a) For management facilities eligible for HIV/AIDS treatment: the transferring facility shall complete a treatment transition form and provide antiretroviral drugs sufficient for no more than 90 days for the receiving facility or for the supervised person if they are released to the community;

b) For management facilities ineligible for HIV/AIDS treatment: the management facility shall cooperate with the healthcare facility treating the supervised person in completing a treatment transition form and providing antiretroviral drugs for the supervised person according to regulations in Point a of this Clause.

Article 7. Pre-exposure prophylaxis with antiretroviral medicines

1. Management facilities may provide pre-exposure prophylaxis with antiretroviral medicines for supervised persons when they meet the conditions in Article 10 of this Decree. Management facilities ineligible to provide pre-exposure prophylaxis with antiretroviral medicines shall request for an appointed facility to cooperate in providing treatment for supervised persons in writing.

2. Pre-exposure prophylaxis and formulation of dossiers on pre-exposure prophylaxis shall be carried out in compliance with professional guidelines on examination and treatment and HIV/AIDS.

3. Management facilities eligible to provide pre-exposure prophylaxis with antiretroviral medicines shall formulate treatment dossiers for supervised persons. Management facilities ineligible to provide pre-exposure prophylaxis with antiretroviral medicines shall request for an appointed facility to cooperate in formulating treatment dossiers for supervised persons in writing.

Article 8. Infection control measures for HIV infection prophylaxis

1. Adopt measures for sterilization, cleaning and disinfection of care and treatment tools and equipment according to professional guidelines on examination and treatment and HIV/AIDS.

2. Take standard precautions when having contact with blood and biological fluids, caring for and treating patients with an illness not yet diagnosed and route-based preventive measures.

3. Contaminated textiles and textiles with blood and biological fluids must be collected, transported and treated separately.

4. Samples of deceased HIV-positive supervised persons must be handled according to professional guidelines on examination and treatment and HIV/AIDS.

5. Take other infection control measures according to professional guidelines on examination and treatment and HIV/AIDS.