From December 10, 2023, how are the dossiers for granting certificates of HIV exposure due to occupational accidents regulated?
From December 10, 2023, how are the dossiers for issuing the certificate of exposure to HIV due to occupational accidents regulated?
Currently, the dossiers for issuing certificates of exposure to HIV due to occupational accidents are carried out in accordance with Clause 1, Article 6 Decision 120/2008/QD-TTg as follows:
Dossiers for requesting the issuance of certificates of exposure to HIV due to occupational accidents, certificates of HIV infection due to occupational accidents
1. The dossier requesting the issuance of a certificate of exposure to HIV due to occupational accidents shall include:
a. Record of occupational accidents;
b. A legal copy of the negative HIV test result of the exposed person, including the ELISA test result reading;
c. Official Dispatch requesting the issuance of a certificate of exposure to HIV from the agency or unit where the exposed person is working.
However, from December 10, 2023, Clause 1, Article 5 of Decision 24/2023/QD-TTg provides new regulations on dossiers for issuing certificates of exposure to HIV due to occupational accidents.
The dossier for issuing a certificate of exposure to HIV due to occupational accidents includes:
- Official Dispatch requesting the issuance of a certificate of exposure to HIV due to occupational accidents;- Record of occupational accidents;- Original or a copy of the negative HIV test result;- Original or a copy of the positive HIV test result of the source of HIV exposure (if any).
The new regulation no longer requires the ELISA test result reading. Additionally, the new regulation adds the component of the dossier containing the original or a copy of the positive HIV test result of the source of HIV exposure (if any).
From December 10, 2023, how are the dossiers for issuing the certificate of exposure to HIV due to occupational accidents regulated? (Image from the internet)
What are the steps for issuing a certificate of exposure to HIV due to occupational accidents?
Article 6 of Decision 24/2023/QD-TTg stipulates the procedure for issuing certificates of exposure to HIV, and HIV infection due to occupational accidents as follows:
- The agency, organization, or unit managing the person exposed to HIV, and HIV infection due to occupational accidents (hereinafter referred to as the managing agency) shall send 01 set of dossiers to the competent authority for issuing certificates as prescribed in Article 4 of Decision 24/2023/QD-TTg.
+ Via postal services.+ Electronically.
- Procedure for checking, receiving dossiers, and issuing certificates:
+ If the dossier is valid, within 05 working days from the date of receiving the complete dossier, the competent authority shall issue the certificate of exposure to HIV, and HIV infection due to occupational accidents. The certificate of exposure to HIV, and HIV infection due to occupational accidents shall be issued as prescribed in Form No. 04 and Form No. 05 of the Appendix issued together with Decision 24/2023/QD-TTg.
+ If the dossier is invalid, within 02 working days from the date of receiving the dossier, the competent authority must issue a written notification stating the reasons and guide the managing agency to supplement the dossier.
Which agency has the authority to issue the certificate of exposure to HIV, and HIV infection due to occupational accidents?
Article 4 of Decision 24/2023/QD-TTg stipulates the competent authority to issue certificates of exposure to HIV, and HIV infection due to occupational accidents:
- The Ministry of Health issues certificates of exposure to HIV, and HIV infection due to occupational accidents for subjects under its management.
- The Ministry of National Defense issues certificates of exposure to HIV, and HIV infection due to occupational accidents for subjects under its management.
- The Ministry of Public Security issues certificates of exposure to HIV, and HIV infection due to occupational accidents for subjects under its management.
- The Department of Health of provinces and centrally run cities issues certificates of exposure to HIV, and HIV infection due to occupational accidents for subjects under their management and subjects under the management of various ministries and central authorities, except for the aforementioned cases.
Thus, the authority to issue certificates of exposure to HIV, and HIV infection due to occupational accidents is carried out according to the above content.
What are the conditions for determining persons exposed to HIV due to occupational accidents?
To be identified as a person exposed to HIV due to occupational accidents, the following conditions must be met according to Article 2 of Decision 24/2023/QD-TTg as follows:
- While performing tasks, suffered one of the following accidents:
+ Blood, blood products, or body fluids of HIV-infected persons directly contacted with the mucous membrane or damaged skin.
+ Blood, blood products, or body fluids of persons with unknown HIV status directly contacted with the mucous membrane or damaged skin.
- Have a negative HIV test result conducted by a testing facility in accordance with the law on medical examination and treatment. The blood sample used for the HIV test must be taken from the person suffering from the occupational accident within 72 hours from the time the accident specified in Clause 1, Article 2 of Decision 24/2023/QD-TTg occurs.
Decision 24/2023/QD-TTg takes effect from December 10, 2023.
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