HIV and AIDS (Prevention and Management) Act, 2017
Act 9 of 2018
- Published on 9 February 2018
- Assented to on 1 February 2018
- Commenced on 15 June 2018 by HIV and AIDS (Prevention and Management) Act, 2017: Commencement
- [This is the version of this document from 9 February 2018.]
Part I – Preliminary
1. Short title
2. InterpretationIn this Act, unless the context otherwise requires—"AIDS" means Acquired Immuno Deficiency Syndrome;"chairperson" means the chairperson of the Commission and includes any person acting in that capacity;"Chief Executive Officer" means the Chief Executive Officer of the National AIDS Commission appointed pursuant to section 52;"child" means any person below the age of eighteen years;"Commission" means the National AIDS Commission established under section 40 of this Act;"compulsory HIV testing" means HIV testing imposed upon a person characterized by the lack of informaed and voluntary consent;"diagnostic testing" means HIV testing done on an individual who shows signs and symptoms that are consistent with HIV infection to aid clinical diagnosis and management;"discrimination" includes any distinction, exclusion or restriction made on the basis of the actual or perceived HIV status of a person which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by that person or another individual associated with that person on a basis of equality with the other members-of the community, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field;"harmful practice" means any social, religious or cultural practice that—(a)puts a person at risk of HIV infection or re-infection; or(b)may catalyze progression of HIV infection to AIDS;"health service provider" means—(c)a medical practitioner, dentist paramedical and allied health professional registered under the Medical Practitioners and Dentists Act;[Cap. 36;01](d)a nurse or midwife registered in any category of nurses and midwives registered under the Nurses and Midwives Act;[Cap 36:02](e)a pharmacist, pharmacy technologist or pharmacy assistant registered under the Pharmacy, Medicines and Poisons Act; or[Cap. 35 01](f)where applicable, health service providers not registered under the Acts cited in this definition;"HIV" means Human Immunodeficiency Virus, which causes AIDS;"living with HIV" refers to the presence of HIV in a human body as documented by the presence of HIV or HIV antibodies in the human sample being tested;"HIV testing" refers to any validated, medically recognized and viral sensitive test for determining the presence or absence of HIV in a person or blood, tissue or other bodily products of a person;"immediate family member" includes a spouse, parent, grandparent, sibling, child, grandchild, aunt, uncle, niece and nephew of a person;"post-test counseling" refers to the process of providing risk reduction information and psycho-social support to a person who submits to HIV testing at the time or after the result of the testing is released;"pre-test counseling" means the process of providing an individual information on the biomedical aspects of HIV and AIDS and psycho-social support to the implications of undergoing HIV testing and the test result before he is subjected to a test;"routine testing" means HIV testing offered in the course of providing other health services to a person;"tissue" includes an organ or part of a human body, semen, breast milk and any other substance or secretion, other than blood, extracted from the human body or from a part of the human body;"VCT" means voluntary counselling and testing for HIV infection.
Part II – Responsibility for prevention and management of HIV and AIDS
3. Responsibilities of MinisterOn matters of HIV and AIDS, the Minister shall be responsible for—
Part III – Harmful practices
4. Prohibition of harmful practices First Schedule
5. Subjecting another to a harmful practiceAny person who subjects, permits or encourages another person to indulge in a harmful practice commits an offence and shall be liable, upon conviction to a fine of K5,000,000 and imprisonment for five years.
Part IV – Prohibition of discrimination
6. Prohibition of HIV and AIDS discrimination
7. Rights and duties of persons living with or vulnerable to contracting HIV
8. Rights of persons affected with HIV
Part V – Disclosure
9. Right to privacy and confidentiality
10. Disclosure by health service provider
11. Unlawful disclosureA person who discloses the HIV status of another person otherwise than as provided for under this Act commits an offence and shall be liable, upon conviction, to—
Part VI – Public health
12. HIV transmission and testing
13. Age for accessing VCT without parental or guardian consentA person who is at least thirteen years of age may access VCT without the consent of a parent or a legal guardian.
14. Consent to HIV testingA person shall not test another person for HIV infection except—
15. Testing donated body tissues
16. Testing of donated blood
17. Consent to be deemedConsent to undergo HIV testing shall be deemed to have been given in the following circumstances where—
18. Prohibition of compulsory testing
19. Pre-test and post-test counseling
20. Duty to report HIV infectionA health service provider who carries out HIV testing has a duty to give monthly reports of the number of HIV tests conducted and the incidence of HIV infection to the District Health Officer, for statistical and epidemiological purposes only.
21. Prohibition of discrimination in health facility
Part VII – Information
22. Access to HIV and AIDS information
23. Powers in relation to HIV and AIDS informationThe Commission shall, in addition to the powers conferred on it by this Act, have the power to develop, co-ordinate and disseminate information on HIV and AIDS.
24. Accrediting authority
25. Publication of misleading informationA person who proclaims, utters, publishes misleading, false or inaccurate information concerning HIV and AIDS to any other person or the public commits an offence and shall be liable, upon conviction, to—
Part VIII – Employment
26. Prohibition of pre-recruitment testingAn employer shall not require any person to undergo HIV testing as a pre-condition for recruitment.
27. Prohibition of termination of employment on grounds of HIV or AIDS
28. Prohibition of discrimination
29. Procuring another to conduct HIV test for recruitment, etcA person who procures another person to conduct HIV testing as a condition for recruitment, training, promotion, termination of employment or other matters arising out of an employment relationship commits an offence and shall be liable, upon conviction to—
30. Aiding, abetting or concealing act of subjecting another to HIV test for recruitmentA person who aids, abets or assists another person to conduct HIV testing as a condition for recruitment, training, promotion, termination of employment or other matters arising out of an employment relationship commits an offence and shall be liable, upon conviction to—
31. Employer responsible for minimizing risk of infection at work place
32. Workplace policy
Part IX – Education
34. Prohibition of HIV testing for educational opportunities
35. Prohibition of discrimination in education and training institutions
36. HIV and AIDS materials in school curricula
37. Teachers and instructors to be trained on matters of HIV and AIDSThe Minister shall ensure that teachers and instructors are trained on matters of HIV and AIDS before commencing teaching or instruction on any subject related to HIV and AIDS.
38. HIV and AIDS information in non-formal education systemsThe Minister shall ensure that official information on modes of transmission and ways of preventing HIV infection is progressively integrated in non-formal or indigenous learning systems.
Part X – Personal conduct and responsibility
39. Person with HIV or AIDS to undergo counselingA person diagnosed as having HIV infection shall be required to—
Part XI – National AIDS Commission
40. Establishment of National AIDS Commission
41. Function of the CommissionThe Commission shall, with respect to HIV and AIDS,—
42. Powers of the CommissionThe Commission shall have powers to—
43. Composition of the Commission
44. Tenure of office
46. Commission may establish committees
47. Commission may co-optThe Commission may, in its discretion, at any time and for any length of period, co-opt any person on account of his special knowledge or expertize to attend any deliberations of the Commission, but the person shall not be entitled to vote on any matter at any meeting of the Commission.
48. Meeting of the Commission
49. Disclosure of interestIf a commissioner or a member of staff of the Commissioner acquires any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the Commission at which the contract, proposed contract or the other matter is the subject of consideration by the Commission, he shall at the meeting, as soon as practicable after the commencement of the meeting, disclose the fact to the Commission, and shall not take part in the consideration or discussion of or vote on any question with respect to, the contract, proposed contract or the other matter.
50. RemunerationCommissioners shall be paid reasonable remuneration for membership and allowances when discharging their duties determined by the Minister responsible for Finance.
51. ReportingThe Commission shall report to the Minister on the activities of the Commission.
52. Chief Executive Officer
53. Procedure for appointment of Chief Executive Officer
54. Duties of Chief Executive OfficerSubject to the general and special directions of the Commission, the Chief Executive Officer shall be responsible for the day to day management of the Commission and administrative control of other members of staff of the Commission and, in that regard, shall be answerable and accountable to the Commission.
55. Removal of Chief Executive OfficerThe Chief Executive Officer may be removed from office by the Commission with the approval of the Minister on the following grounds—
56. Staff of the Commission
57. Attendance of meetings by staff
Part XII – Financial provisions
58. Funding of the Commission
59. Accounts and audit
Part XIII – Miscellaneous
60. Powers of the MinisterThe Minister may, by notice in the Gazette,—
61. Agreements, licenses, permits, etc
Part XIV – Transition
62. Transfer of assets, funds, liabilities, etc
63. Transfer of employees
History of this document
15 June 2018
09 February 2018 this version
Published in None number None
01 February 2018