Circular No. 04/2023/TT-BYT dated December 28, 2023 on methods and procedures for notification of HIV positive test results and access to information on people infected with HIV

CIRCULAR

ON METHODS AND PROCEDURES FOR NOTIFICATION OF HIV POSITIVE TEST RESULTS AND ACCESS TO INFORMATION ON PEOPLE INFECTED WITH HIV

Pursuant to the Law on Prevention and Control of Virus causing Acquired Immunodeficiency Syndrome (HIV/AIDS) No. 64/2006/QH11 dated June 29, 2006; Law on amendments to the Law on prevention and control of Virus causing Acquired Immunodeficiency Syndrome (HIV/AIDS) No. 71/2020/QH14 dated November 16, 2020;

Pursuant to Decree No. 95/2022/ND-CP dated November 15, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director of the Department of HIV/AIDS Prevention and Control;

The Minister of Health promulgates a Circular stipulating the methods and procedures for notifying HIV-positive test results and accessing information on people infected with HIV.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular sets forth methods and procedures for notification of HIV positive test results and access to information on people infected with HIV.

Article 2. Making, delivery and receipt of HIV test reports with positive results

1. The HIV testing facility collects information about the person who has been tested for HIV and confirmed as HIV positive according to the content specified in the Appendix Form of HIV test report with positive result attached to this Circular, compares it with the document specified in Clause 2, Article 29 of the Law on Prevention and Control of Virus causing Acquired Immunodeficiency Syndrome (HIV/AIDS), which is amended in Clause 9, Article 1 of the Law on amendments to the Law on Prevention and Control of Virus causing Acquired Immunodeficiency Syndrome (HIV/AIDS) (hereinafter referred to as the Law on HIV/AIDS Prevention and Control) and the preparation of HIV test reports with positive results (hereinafter referred to as the Reports) for facilities qualified forconducting confirmatory HIV test, or send it to facilities qualified for conducting confirmatory HIV test so as to enable the Reports to be made.

2. Making of a HIV test report with positive resuls

a) The HIV test report with positive result is made according to the Appendix - Form of HIV test report with positive result enclosed with this Circular;

b) The HIV test report with positive result is made in at least 03 copies: 01 copy is kept at the facility that orders the confirmatory HIV test, 01 copy is kept at the facility that conducts the confirmatory HIV test, and 01 copy is kept by the person tested for HIV.

3. Delivery and receipt of HIV test reports with positive results

a) Delivering and receiving HIV test reports with positive results between departments and wards in a medical facility: the head of the testing facility is responsible for developing the Process of delivery and receipt of Reports in each facility provided that the confidentiality of test results, information and HIV infection status of people tested for HIV is respected;

b) Delivering and receiving the HIV test report with positive result from the HIV confirmatory testing facility to the person in charge specified in Clause 2, Article 30 of the Law on HIV/AIDS Prevention and Control: the Report must be put in a sealed envelope, clearly stating the name of the agency/organization/individual, address, phone number (if any) and bearing the seal of the testing facility from which the Report is sent;

c) Delivering the Report through the hospital information management system or HIV/AIDS information management system.

Article 3. Time for notification of HIV positive test results

The notification of positive HIV test results must be made within 72 working hours after the person in charge of notifying the test results in the facility where the patient has his/her sample taken receives the Report, except for the following cases:

1. The person tested for HIV does not come to receive the test results.

2. If the person tested for HIV cannot receive information about their HIV-positive status because he/she has not been in sufficient health, the person in charge of notifying HIV-positive test results should choose an appropriate time to notify the person tested for HIV.

Chapter II

METHODS AND PROCEDURES FOR NOTIFICATION OF HIV POSITIVE TEST RESULTS

Article 4. Methods of notification of HIV positive test results

1. Directly notify and return the Report to the entities specified at Points a and b, Clause 2, Article 30 of the Law on HIV/AIDS Prevention and Control.

2. Directly notify or return the Report to the entities specified at Points c, d and dd, Clause 2, Article 30 of the Law on HIV/AIDS Prevention and Control.

3. Deliver the Report to the entities specified at Points e and g, Clause 2, Article 30 of the Law on HIV/AIDS Prevention and Control.

4. Other appropriate methods of notification at the request of people tested for HIV.

Article 5. Procedures for notifying HIV-positive test results to people tested for HIV who physically to health facilities for medical examination and treatment

1. After receiving the Report, the laboratory will keep 01 Report copy and transfer 01 Report copy to the doctor who directly examines the person tested for HIV.

2. The doctor directly consults and returns the Report to the person tested for HIV or transfers it to the person in charge of providing counseling and returning the Report to the person tested for HIV.

3. In case the person tested for HIV has to enter a health facility for treatment, the doctor shall transfer the Report enclosed with the medical record to the department or ward to which the person tested for HIV is referred.The person in charge of the department or ward where the person tested for HIV shall notify the head of the department, the doctor and the nurse who directly take care of and treat the patient.

4. In case the person tested for HIV is referred to another health facility, the following procedures shall be followed:

a) If the patient is referred for HIV/AIDS treatment, the health facility shall transfer the Report to the receiving health facility;

b) If the patient is referred for treatment of other diseases, and professional and technical measures, the Clause 4, Article 6 of this Circular shall apply.

5. If the person tested for HIV is a person under 18 years of age, a person who is legally incapacitated, a person with limited cognition and behavior control, and a person with limited legal capacity, the notification and return of Report shall be made as follows:

a) The notification and return of Reports shall be carried out simultaneously for people under 15 years old, people who are legally incapacitated, people with limited cognition and behavior control, people with limited legal capacity; and their parents or guardians or representatives;

b) Notification, return of Reports and counseling for people tested for HUV aged between 15 and under 18 years shall be carried out before notifying the positive HIV test results to their parents or guardians or representatives.

Article 6. Procedures for notifying HIV-positive test results to people tested for HIV who are patients being treated at health facilities

1. After having the results, the laboratory will transfer 02 Reports to the department or ward where the patient is being treated.

2. The person in charge of the department or ward shall:

a) Notify the patient's HIV infection status to medical staff directly involved in care and treatment or to medical staff who directly examine or perform medical professional techniques in other departments and wards;

b) Keep 01 Report in the medical record, and then notify and return 01 Report to the person tested for HIV as prescribed in Clause 2, Article 5 of this Circular.

3. In case the patient has to be referred to another department or ward, the following procedures shall be followed:

a) The person in charge in the department or ward from which the patient is referred must transfer the Report enclosed with the medical record to the person in charge in the department or ward to which the patient is referred;

b) The person in charge in the department or ward to which the patient is referred shall notify the patient's HIV status to the head of the department, ward, doctors and nurses directly taking care of and treating the patient.

4. In case the patient has to be referred to another health facility, the following procedures shall be followed:

a) The health facility from which the patient is referred must transfer the Report enclosed with the documents on the referral of the health facility as prescribed to the health facility to which the patient is referred;

b) The person in charge of the health facility to which the patient is referred shall notify the patient's HIV infection status as prescribed at Point a, Clause 2 of this Article.

5. If the person tested for HIV is a person under 18 years of age, a person who is legally incapacitated, a person with difficulties in awareness and behavior control, and a person with limited legal capacity, the notification and return of Report shall be made as specified in Clause 5, Article 5 of this Circular.

Article 7. Procedures for notifying HIV-positive test results to people tested for HIV at health facilities other than the cases specified in Articles 5 and 6 of this Circular

1. After the test results are available, the laboratory will transfer 01 Report to the person assigned to notify and return the Report to the person tested for HIV.

2. If the person tested for HIV is a person under 18 years of age, a person who is legally incapacitated, a person with difficulties in awareness and behavior control, and a person with limited legal capacity, the notification and return of Report shall be made as specified in Clause 5, Article 5 of this Circular.

Article 8. Procedures for notifying HIV-positive test results to people tested for HIV under management at social protection establishments, correctional facilities, reformatories, prisons and detention centers, custody houses, other detention facilities, drug detoxification establishments

1. After receiving Reports, the heads of social protection establishments, correctional facilities, reformatories, prisons and detention centers, custody houses, other detention facilities, drug detoxification establishments (hereinafter referred to as the supervision facilities) transfer the Reports to the people in charge.

2. The person in charge shall:

a) Notify the HIV infection status to the person directly managing, taking care of and treating the person tested for HIV;

b) Provide counseling and information on HIV infection status to people tested for HIV. If the person tested for HIV is a person under 18 years of age, a person who is legally incapacitated, a person with limited cognition and behavior control, and a person with limited legal capacity, the notification and return of Report shall be made as specified in Clause 5, Article 5 of this Circular;

c) Keep the Report in the file of the entity under supervision.

3. In case a person infected with HIV is transferred to another supervision facility, the following procedures shall be done:

a) The supervision facility from which the person infected with HIV is transferred is responsible for transferring the Report to the supervision facility to which the person infected with HIV is transferred;

b) The person in charge of the supervision facility to which the person infected with HIV is transferred is responsible for notifying the HIV infection status to the person directly managing, caring for and treating the person infected with HIV.

4. When the supervision period ends, the supervision facility will return the Report to the person infected with HIV.

Article 9. Procedures for notifying HIV positive test results in case of compulsory HIV testing as prescribed in Clause 1, Article 28 of the Law on HIV/AIDS Prevention and Control

1. After the HIV test result is available, the testing facility shall transfer the Report to the agency that has issued the decision on compulsory HIV testing as prescribed in Clause 1, Article 28 of the Law on HIV/AIDS Prevention and Control.

2. The agency that has issued the decision on compulsory HIV testing according to Clause 1, Article 28 of the Law on HIV/AIDS prevention and control is responsible for notifying the HIV infection status to the person tested for HIV.

Article 10. Procedures for notifying HIV-positive test results to heads of agencies, units and persons tasked with HIV/AIDS epidemiological surveillance

After obtaining a positive HIV test result, the facility that conducts HIV confirmatory test shall notify the HIV-positive test result to the head of the agency or unit and the person tasked with HIV/AIDS epidemiological surveillance according to regulations of the Ministry of Health on guiding procedures and methods for HIV/AIDS epidemiological surveillance and surveillance of sexually transmitted infections.

Chapter III

METHODS AND PROCEDURES FOR ACCESSING INFORMATION ON PEOPLE INFECTED WITH HIV

Article 11. Methods of accessing information on people infected with HIV

1. Read directly on the patient's medical record, HIV test report with positive result, information management system (insurance assessment of Vietnam Social Insurance, health or HIV/AIDS)) and on other records and documents containing information about people infected with HIV.

2. Get information in writing.

3. Other methods of access to information suitable for entities, scope and content of the information to be accessed.

Article 12. Procedures for accessing information on people infected with HIV

1. The person seeking information on people infected with HIV shall file such a request to the agency in charge of information on people infected with HIV suitable for entities, scope and content of the information to be accessed.If the requester falls under the case of point d clause 3 Article 30 of the Law on HIV/AIDS Prevention and Control, the consent of the person infected with HIV must be obtained in writing.

2. The agency in charge of information on people infected with HIV shall consider granting a written consent to access to HIV-infected information suitable for entities, scope and content of the information to be accessed.

Chapter IV

IMPLEMENTATION

Article 13. Implementation

1. The Department of HIV/AIDS Prevention and Control, the Ministry of Health shall take charge and coordinate with relevant agencies and organizations in directing, examining and inspecting the implementation this Circular nationwide.

2. Departments of Health of provinces and centrally affiliated cities are responsible for organizing, directing, implementing, examining and inspecting the implementation of this Circular in their respective management divisions.

3. The head of the facility specified in Clause 2, Article 29 of the Law on HIV/AIDS Prevention and Control and the head of the agency or unit in charge of information on HIV/AIDS are responsible for organizing and assigning tasks in notification of HIV-positive test results and access of information about HIV-infected people at the facility in accordance with this Circular.

4. Heads of relevant agencies, organizations and units are responsible for organizing the implementation of this Circular within the scope of their management.

Artice 14. Entry into force

1. This Circular comes into force as of May 1, 2023.

2. Circular No. 02/2020/TT-BYT dated January 20, 2020 of the Minister of Health stipulating the procedures and responsibilities for notifying HIV positive test results expires from the date this Circular comes into force.

Article 15. Implementation

Director of the Department of HIV/AIDS Prevention and Control, Chief of the Office of the Ministry, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry of Health, Directors of Health Departments of provinces and centrally affiliated cities, and relevant agencies, organizations, and individuals shall implement this Circular.

Difficulties arising during implementation of this Circular should be reported to the Ministry of Health (the Department of HIV/AIDS Prevention and Control) for consideration./.