Thông tư 02/2020/TT-BYT

CIRCULAR

PRESCRIBING PROCEDURES AND RESPONSIBILITY FOR NOTIFICATION OF POSITIVE HIV TEST RESULTS

Pursuant to the Law on prevention and control of Human Immunodeficiency Virus (HIV/AIDS) dated June 29, 2006;

Pursuant to the Government’s Decree No. 75/2017/ND-CP dated June 20, 2017 defining Functions, Tasks, Powers and Organizational Structure of the Ministry of Health;

At the request of the Director of Vietnam Administration of HIV/AIDS Control;

The Minister of Health hereby stipulates responsibility and procedures for notification of positive HIV test results.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides regulations on procedures and responsibility for notification of positive HIV test results.

Article 2. Rules for notification of positive HIV test results

1. Positive HIV test results shall be only notified to the entities prescribed in Point b Clause 2 Article 4 and Clause 1 Article 30 of the Law on prevention and control of Human Immunodeficiency Virus (HIV/AIDS) (hereinafter referred to as the “Law on HIV/AIDS control”).

3. While performing assigned tasks, the persons who access information and/or medical records of persons infected with HIV must keep such information confidential as prescribed in Clause 5 Article 8 of the Law on HIV/AIDS control and relevant laws.

4. Counseling must be provided before and after a person gets tested for HIV in accordance with the Circular No. 01/2015/TT-BYT dated February 27, 2015 of the Minister of Health providing guidance on HIV/AIDS prevention and control at health facilities.

5. Transport and delivery of positive HIV test results must ensure confidentiality of information about HIV-positive persons and comply with Clause 5 Article 8 of the Law on HIV/AIDS control.

Article 3. Preparation, transport and delivery of positive HIV test result reports

1. The laboratory performing HIV confirmatory tests shall make positive HIV test result reports (hereinafter referred to as "HIV test reports") as follows:

a) HIV test report by serologic method shall be made according to the form in the Appendix 01 enclosed herewith;

b) HIV test report by molecular biological method shall be made according to the form in the Appendix 02 enclosed herewith;

c) The HIV test report specified in Point a or Point b of this Clause shall comprise at least 03 copies of which 01 copy is kept by the facility that ordered the HIV confirmatory test, 01 copy is kept by the laboratory performing the test and the other is delivered to the person getting tested for HIV.

2. Transport and delivery of HIV test reports within a laboratory

a) The head of the laboratory shall formulate its procedures for internal transport and delivery of HIV test reports which must ensure confidentiality of test results, information and HIV infection status of the person getting tested for HIV;

b) If HIV test reports are transported and delivered electronically within a laboratory, such transport and delivery must comply with the Law on HIV/AIDS control and the laboratory must provide a physical HIV test report to the person getting tested for HIV.

3. Transport and delivery of HIV test reports between laboratories and authorities/persons competent to institute legal proceedings: The HIV test report must be placed in a sealed envelope bearing the seal of the laboratory that provides test results and on which the recipient’s name, address and telephone number (if any) must be specified.

Article 4. Time limit for notification of positive HIV test results

A positive HIV test result must be notified within 72 hours after the person in charge of notifying test results of the facility where the test sample was taken receives the HIV test report, except the following cases:

1. The person getting tested for HIV does not contact to receive test results.

2. The person getting tested for HIV is unfit to receive information about his/her HIV infection. In this case, HIV test results shall be notified to the person getting tested for HIV when appropriate.

Article 5. Methods for notification of positive HIV test results

1. Oral notification and HIV test report shall be given to the entities specified in Point a and Point b Clause 1 Article 30 of the Law on HIV/AIDS control.

2. Either oral notification or HIV test report shall be given to the entities specified in Point c and Point d Clause 1 Article 30 of the Law on HIV/AIDS control.

3. Written notification, enclosed with the HIV test report, shall be given to the entities specified in Point dd and Point e Clause 1 Article 30 of the Law on HIV/AIDS control.

Chapter II

PROCEDURES AND RESPONSIBILITY FOR NOTIFICATION OF POSITIVE HIV TEST RESULTS

Article 6. Responsibility for notification of positive HIV test results

The following persons shall assume responsibility to notify positive HIV test results:
1. Heads or persons assigned to notify positive HIV test results of health facilities that take HIV test samples, including:

a) Hospitals;

b) Other health facilities.

2. Heads or persons assigned to notify positive HIV test results of the following authorities and organizations:

a) Social protection facilities;

b) Prisons, detention centers, correctional facilities and reform schools;

c) Rehabilitation centers.

3. Heads of authorities or persons that are competent to institute legal proceedings and issue decisions on requisition for HIV tests in cases of compulsory HIV tests as prescribed in Article 28 of the Law on HIV/AIDS control.

4. Persons infected with HIV shall:

a) notify his/her HIV infection status to his/her spouse or fiancé/fiancée; and

b) notify his/her HIV infection status to the healthcare workers who provide direct care and treatment to him/her for preventing transmission of HIV/AIDS.

Article 7. Procedures for notification of positive HIV test results to persons getting HIV tests at hospitals

1. Procedures for notification and return of HIV test report to a person who gets tested for HIV at a hospital:

a) After receiving the HIV test report, the laboratory shall keep 01 copy and transfer remaining 02 copies thereof to the doctor who directly gives medical examination to the HIV-positive person;

b) After the doctor receives the HIV test report, he/she shall provide counseling and return the HIV test report to the HIV-positive person or send it to the counseling department or the person in charge of counseling tasks and returning HIV test reports to persons getting HIV tests.

2. If the person getting tested for HIV receives medical examination at another department, the nurse or the person in charge of the initial department/ward shall notify the test result directly to the nurse or the doctor of the later department/ward, who directly gives examination and treatment to or performs minor operations for that patient.

3. If the person getting tested for HIV needs to be hospitalized, the doctor shall transfer his/her medical record, enclosed with the HIV test report, to the chief nurse or the person in charge of the department/ward to which the HIV-positive person is transferred to for treatment.

The chief nurse or the person in charge of the department/ward where the HIV-positive person receives treatment shall notify the HIV infection status to the department/ward’s head, doctor and nurse who give care and treatment directly to that person.

4. If the HIV-positive person is transferred to another health facility for HIV/AIDS treatment: The notification of positive HIV results shall be carried out according to the procedures in Article 13 hereof.

Article 8. Procedures for notification of positive HIV test results to patients who are receiving treatment at hospitals

1. Procedures for notification and return of HIV test report to the patient getting tested for HIV:

a) After receiving the HIV test report, the laboratory shall keep 01 copy and transfer 02 copies thereof to the chief nurse of the department/ward where the patient is receiving treatment;

b) The chief nurse or the person in charge of the department/ward where the patient receives treatment shall keep 01 copy of the HIV test report with the patient’s medical record. Notification of the positive HIV test result and return of the HIV test report shall be made according to Point b Clause 1 Article 7 hereof.

2. Procedures for notification of positive HIV test results to healthcare workers who give direct care and treatment to the patient undergoing treatment at a hospital:

After receiving the HIV test report, the chief nurse or the person in charge of the department/ward where the patient receives treatment shall:

a) notify the patient’s HIV infection status to the department/ward’s head, doctor and nurse who give care and treatment directly to the patient;

b) notify the patient’s HIV infection status to doctors and nurses who give direct examination or perform other minor operations for the patient at other departments/wards.

3. If the patient is transferred to another department/ward within the same hospital, the chief nurse or the person in charge of the initiating department/ward shall transfer the patient’s HIV test report to the chief nurse of the receiving department/ward when transferring the patient's medical record.

The chief nurse or the person in charge of the receiving department/ward shall notify the HIV infection status of the patient to the department/ward’s head, doctor and nurse who give care and treatment directly to the patient.

4. If the patient is transferred to another hospital, the initiating hospital shall transfer the patient’s HIV test report to the receiving hospital.

The chief nurse or the person in charge of the department/ward receiving the patient shall notify the HIV infection status of the patient to the department/ward’s head, doctor and nurse who give care and treatment directly to the patient.

Article 9. Procedures for notification of positive HIV test results to persons getting HIV tests at other health facilities

1. After receiving the HIV test report, the laboratory shall keep 01 copy and transfer remaining 02 copies thereof to the doctor who gives medical examination directly to the HIV-positive person or the head of the counseling department.

2. After the doctor receives the HIV test report, he/she shall provide counseling and return the HIV test report directly to the HIV-positive person or send it to the counseling department or the person in charge of counseling tasks before notifying and returning the HIV test report to the person getting HIV test.

Article 10. Procedures for notification of positive HIV test results to persons receiving care at social protection facilities, correctional facilities, reform schools, prisons, detention centers or rehabilitation centers

1. After receiving the HIV test report, the head of the social protection facility, correctional facility, reform school, prison, detention center or rehabilitation center (hereinafter referred to as “managing facility”) shall transfer it to the person in charge of its health department or health facility.

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

a) Keep the HIV test report with the medical record of the person getting tested for HIV;

b) Notify the positive HIV test result to the person that gives direct management, care and/or treatment to the person getting tested for HIV;

c) Provide counseling and notify the positive HIV test result to the person getting tested for HIV. The HIV test report shall be returned to the person getting tested for HIV in accordance with Clause 4 of this Article;

d) If the HIV-positive person is a minor, the notification and HIV test report shall be provided for both that minor and his/her guardian.

3. If the HIV-positive person is transferred between managing facilities: the head of the initiating managing facility shall send the HIV test report of that person to the receiving managing facility.

4. If the HIV-positive person is released from the managing facility: the head of the managing facility shall return the HIV test report to the person getting tested.

Article 11. Procedures for notification of positive HIV test results in case HIV test is performed according to decision of authority/person competent to institute legal proceedings

After being notified of the positive HIV test result and receiving the HIV test report of the person getting tested for HIV, the authority/person competent to institute legal proceedings that issues the decision on requisition for HIV test shall:

1. Transfer the HIV test report to the head of the prison, detention center, correctional facility or reform school that is managing the HIV-positive person. Notification of the positive HIV test result shall be made according to the procedures in Clause 1 and Clause 2 Article 10 hereof.

2. Notify the positive HIV test result and return the HIV test report to the HIV-positive person if he/she is living in the community or sentenced to jail.

Article 12. Procedures for notification of positive HIV test results by HIV-positive people to their spouse or fiancé(e)s

1. After notifying the positive HIV test result to the HIV-positive person, the healthcare worker shall instruct the HIV-positive person to notify his/her HIV infection status to his/her spouse or fiancé(e). If the HIV-positive person is unfit to notify his/her HIV infection status to his/her spouse or fiancé(e), he/she may authorize the healthcare worker (hereinafter referred to as “authorized person”) to notify it to his/her spouse or fiancé(e). The authorized person shall assume responsibility to keep confidentiality of information and status of the HIV-positive person in accordance with the Law on HIV/AIDS control.

2. After being authorized, the authorized person shall notify the HIV infection status to the spouse or fiancé(e) of the HIV-positive person according to Point b and Point c Clause 2 Article 8 of the Decision No. 2673/QD-BYT dated April 27, 2018 of the Minister of Health.

Article 13. Procedures for notification of positive HIV test results to healthcare workers giving direct care and treatment to HIV-positive people

1. When receiving healthcare services, the HIV-positive person shall notify his/her HIV infection status to the doctor. If HIV-positive person receives HIV/AIDS examination and treatment, he/she must present the HIV test report to the doctor.

2. The doctor shall notify the patient’s HIV infection status to other healthcare workers who also give care and treatment to that patient.

Chapter III

IMPLEMENTATION PROVISIONS

Article 14. Responsibility for implementation

1. Vietnam Administration of HIV/AIDS Control shall disseminate, inspect and make preliminary and summary reports on the implementation of this Circular nationwide.

2. Vietnam Administration of HIV/AIDS Control shall disseminate and inspect the adherence to regulations herein by health facilities nationwide.

3. Directors of Provincial Departments of Health shall organize and inspect the implementation of this Circular in their managing provinces/cities.

4. Heads of relevant organizations and regulatory authorities making notification of positive HIV test results shall organize the implementation of this Circular.

Article 15. Terms of reference

If legislative documents referred to in this Circular are superseded, supplemented or amended, the new ones shall apply.

Article 16. Entry into force

1. This Circular comes into force from March 15, 2020.

2. The Circular No. 01/2010/TT-BYT dated January 06, 2010 by the Minister of Health on procedures for notification of positive HIV test results shall be null and void from the date of entry into force of this Circular.

Article 17. Implementation responsibility

Director of Vietnam Administration of HIV/AIDS Control, Chief of the Ministry's Office, Chief Inspector of the Ministry, General Directors/ Directors of Administrations/Departments affiliated to the Ministry of Health, Directors of Provincial Departments of Health and relevant organizations and individuals shall implement this Circular.

Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Health (via Vietnam Administration of HIV/AIDS Control) for consideration./.