Lok Sabha Question: Maintaining confidentiality of AIDS patients

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GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE

LOK SABHA UNSTARRED QUESTION NO 217.TO BE ANSWERED ON 19.02.2003

GUIDELINES FOR MAINTAINING CONFIDENTIALITY OF AIDS PATIENTS.

217. SHRI SHRIPRAKASH JAISWAL

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:-

(a) whether the Government have issued any guidelines to hospitals

and medical institutions for maintaining confidentiality of patients

suffering from AIDS;

( if so, the details thereof;

© whether PGI of Chandigarh has violated the said guidelines; and

(d) if so, the steps being taken by the Government in this regard?

ANSWER

THE MINISTER OF HEALTH AND FAMILY WELFARE AND PARLIAMENTARY AFFAIRS

(SMT. SUSHMA SWARAJ)

(a) & ( No, Sir. However the Government of India have announced the

National AIDS Prevention and Control Policy in April 2002. It

interalia stipulates as under:-

(i). No individual should be made to undergo a mandatory testing for

HIV.

(ii) No mandatory HIV testing should be imposed as a precondition for

employment or for providing health care facilities during employment.

However, in the case of Armed Forces, before employment, HIV

screening may be carried out voluntarily with pre-test and post-test

counselling and the results may be kept confidential.

(iii) Adequate voluntary testing facilities with pre-test and post-

test coulselling should be made available throughout the country in a

phased manner. There should be at least one HIV testing center in

each district in the country with proper counselling facilities.

(iv) In case a person likes to get the HIV status verified through

testing, all necessary facilities should be given to that person and

results should be kept strictly confidential. Such results should be

given out to the person and with his consent to the members of his

family. Disclosure of the HIV status to the spouse or sexual partner

of the person should invariably be done by the attending physician

with proper counselling. However also be encouraged to share this

information with the family for getting proper home-based care and

emotional support from the family members.

(v) In case of marriage, if one of the partners insists on a test to

check the HIV status of the other partner, such tests should be

carried out by the contracting party to the satisfaction of the

person concerned.

© No such instance has come to the notice of the National AIDS

Control Organistaion.

(d) Does not arise.