Uganda Act or statute

Parliament of Uganda

HIV and AIDS Prevention and Control Act, 2015

Jurisdiction: Uganda
Structure: 50 provisions
Citation: Act 1 of 2015
Dates: As at 13 Feb 2015

More statute details

Dates: As at 13 Feb 2015

Source attribution: Source: Uganda Legal Information Institute

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“This section is an interpretation/definitions provision that defines terms used in the Act, including definitions such as "Anonymous testing", "ART", "ARVs", "counsellor", "health institution", "informed consent", "Minister", and others.”

This section is an interpretation/definitions provision that defines terms used in the Act, including definitions such as "Anonymous testing", "ART", "ARVs", "counsellor", "health institution", "informed consent", "Minister", and others. People must take reasonable steps and precautions to protect themselves and others from HIV infection, including using protective measures during sexual intercourse. A person who is incapable of giving informed consent may be tested for HIV if a parent, guardian, next of kin, caretaker or agent gives informed consent. Consent to an HIV test under sections 9 and 10 may be dispensed with where it is unreasonably withheld or in an emergency due to grave medical or psychiatric condition. A person who is apprehended for a sexual offence shall be subjected to HIV testing for purposes of criminal proceedings and investigations.

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Preliminary - Interpretation

Section 1

HIV counselling and testing - Person tested to be notified on disclosure

A medical practitioner or other qualified officer who gives someone the results of an HIV test must inform that person about the disclosure, including the nature and purpose of the disclosure, the date, and the recipient.

Section 20

Miscellaneous provisions - Regulations

The Minister may make regulations to carry out the provisions of the Act.

Section 49

Discrimination on grounds of HIV status - Prohibition from public service

People may not be denied the right to seek elective or other public office solely because of actual, perceived, or suspected HIV status.

Section 35

Offences and penalties - Exemption to creation of risk

Sections 41 and 43 do not apply to transmission of HIV from a mother to her child before or during birth or through breastfeeding.

Section 47

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Showing 50 of 50 provisions

Provision 34Offence 12Substitution 2Commencement 2

Part I

Preliminary

§ 1Preliminary - InterpretationSubstitution

Section Interpretation Section In this Act, unless the context otherwise requires— " Acquired Immuno Deficiency Syndrome (AIDS) " means a condition characterized by a combination of signs and symptoms, resulting from suppression of the immune system caused by infection with the Human Immunodeficiency Virus (HIV); " Anonymous testing " refers to an HIV testing procedure where by the individual being tested does not reveal his or her true identity and an identifying number or symbol is used to substitute for the name and allows the laboratory conducting the test and the person on whom the test is conducted to match the test result with the identifying number or symbol; " ART " means antiretroviral therapy; " ARVs " means anti-retroviral drugs that suppress HIV multiplication in the body of a person living with HIV; " Biomedical research means "— (a) the study of specific diseases and conditions (mental or physical), including detection, cause, prophylaxis, treatment, and rehabilitation of persons; (b) the design of methods, drugs and devices used to diagnose, support, and maintain the individual during and after treatment for specific diseases or conditions; or (c) the scientific investigation required to understand the underlying life processes which affect disease and human well-being, including such areas as cellular and molecular bases of diseases, genetics, immunology; " counsellor " means a person who has undergone an HIV and AIDS counselling course approved by the Minister ; " court " means a Chief Magistrate, or Magistrate Grade I court; " disclosure " means the act or process of making known something that was previously unknown, a revelation of facts; " discordance " means a situation where one of the partners in a sexual relationship is HIV positive and the other is HIV negative; " discrimination " means an act of alienation, refusal, isolation, maltreatment, disgrace, prejudice, or restriction of rights towards another person because of the awareness or suspicion that such person is living with HIV and AIDS or has a close relationship with a person living with HIV-living or suspected HIV-living person; " essential and non-essential drugs " shall be as determined by the Minister ; " Fund " means the HIV and AIDS Trust Fund established under section 25 ; " guardian " means a person who has the legal responsibility for providing the care and management of a person who is incapable, either due to age, or to some other physical, mental, or emotional impairment, of administering his or her own affairs; " health institution " includes a public or private hospital, clinic, nursing home, maternity center, medical laboratory, blood bank or other specialized establishment of the same nature; " health practitioner " includes medical practitioner , other qualified officer , or counsellor ; " health unit " includes a public or private hospital, health center, clinic, nursing home, maternity center, or other specialized establishment of the same nature; " HIV testing " means the application of medical professional techniques to determine the status of HIV infection in samples of blood or other fluid or tissue from a human body; " Human Immunodeficiency Virus (HIV) " is the virus that causes immune deficiency syndrome in humans; " informed consent " means consent given specifically to a proposed intervention, without any force, undue influence, fraud, threat, mistake, or misrepresentation and obtained after disclosing to the person giving consent, adequate information including risks and benefits of and alternatives to the proposed intervention in a language and manner understood by the person; " medical practitioner " means a person registered under the Medical and Dental Practitioners Act to practice medicine, surgery, or dentistry; " Minister " means the Minister responsible for health; " minor " means a person who is below the age of 12 years; " other qualified officer " includes an allied health professional registered under the Allied Health Professionals Act, nurse or midwife registered or enrolled under the Nurses and Midwives Act or any other person as the Minister may by statutory instrument prescribe; " partner " means a spouse or a person with whom a person is having a sexual relationship; " sexual offence " includes rape, defilement, or incest; " skin penetrative instrument " includes any sharp object, razorblade, safety pin, syringe, tattooing equipment, or any surgical tool.

Section 1Verify source

Part II

Prevention of HIV

§ 2Prevention of HIV - Reasonable care to be taken to avoid transmission of HIVProvision

People must take reasonable steps and precautions to protect themselves and others from HIV infection, including using protective measures during sexual intercourse.

Section Reasonable care to be taken to avoid transmission of HIV Section A person shall take reasonable steps and precaution to protect him or herself and others from HIV infection. A person shall use protective measures to protect him or herself and others from infection with HIV during sexual intercourse.

Section 2Verify source

Part III

HIV counselling and testing

§ 10HIV counselling and testing - Persons incapable of giving informed consent to HIV testingProvision

A person who is incapable of giving informed consent may be tested for HIV if a parent, guardian, next of kin, caretaker or agent gives informed consent.

Section Persons incapable of giving informed consent to HIV testing Section For purposes of subsection (1), a person is incapable of giving informed consent if he or she is— A person incapable of giving informed consent under section 9 may be tested for HIV if his or her parent, guardian, next of kin, caretaker or agent gives informed consent. unconscious; of unsound mind; a minor ; suffering from any impairment rendering him or her incapable of giving his or her informed consent . The informed consent shall be in the form specified in the Third Schedule to this Act.

Section 10Verify source

§ 11HIV counselling and testing - Consent to test for HIV may be dispensed withProvision

Consent to an HIV test under sections 9 and 10 may be dispensed with where it is unreasonably withheld or in an emergency due to grave medical or psychiatric condition.

Section Consent to test for HIV may be dispensed with Section Consent to HIV test under section 9 and 10 may be dispensed with where— it is unreasonably withheld, or in an emergency due to grave medical or psychiatric condition,

Section 11Verify source

§ 12HIV counselling and testing - HIV testing of persons charged with sexual offencesOffence

A person who is apprehended for a sexual offence shall be subjected to HIV testing for purposes of criminal proceedings and investigations.

Section HIV testing of persons charged with sexual offences Section A person who is apprehended for a sexual offence shall be subjected to HIV testing for purposes of criminal proceedings and investigations.

Section 12Verify source

§ 13HIV counselling and testing - Routine HIV testingOffence

Victims of sexual offence, pregnant women, and partners of pregnant women shall be subjected to routine HIV testing for purposes of preventing HIV transmission.

Section Routine HIV testing Section The following persons shall be subjected to routine HIV test for purposes of prevention of HIV transmission— the victim of a sexual offence ; a pregnant woman; a partner of a pregnant woman;

Section 13Verify source

§ 14HIV counselling and testing - HIV testing under a court orderProvision

A person may be subjected to an HIV test under a court order.

Section HIV testing under a court order Section Notwithstanding section 9 , a person may be subjected to an HIV test under a court order.

Section 14Verify source

§ 15HIV counselling and testing - Provision of appropriate treatment to HIV positive pregnant womanProvision

Pregnant women who test HIV positive are entitled to treatment, care, support and medication to prevent transmission to the child.

Section Provision of appropriate treatment to HIV positive pregnant woman Section A pregnant woman who is tested and found to be HIV positive under section 13 shall be entitled to treatment, care and support, and routine medication to prevent transmission of HIV to the child. Treatment, care, support, or routine medication shall be given to the partner of a pregnant woman. A child who is born to an HIV positive mother shall be given immediate treatment, care and support and routine medication.

Section 15Verify source

§ 16HIV counselling and testing - Testing of the newborn child exposed to HIVProvision

Newborns of mothers who are HIV positive must be tested for HIV when medically practical; newborns who test positive must be given HIV treatment, care and support.

Section Testing of the newborn child exposed to HIV Section A child born of a mother who is HIV positive shall be tested for HIV as soon as it is medically practical. A child who tests HIV positive under subsection (1) shall be given HIV treatment, care, and support.

Section 16Verify source

§ 17HIV counselling and testing - Efficiency to be ensured in testingOffence

Health units, medical practitioners or other qualified officers involved in HIV testing must take reasonable measures to ensure testing is carried out efficiently in accordance with standards prescribed by the Minister.

Section Efficiency to be ensured in testing Section A health unit , medical practitioner or other qualified officer involved in HIV testing shall take reasonable measures to ensure that the testing process is carried out efficiently in accordance with standards prescribed by the Minister . A person who contravenes subsection (1) shall be liable to a civil wrong. Notwithstanding subsection (2), a person may be charged with a criminal offence.

Section 17Verify source

§ 18HIV counselling and testing - Disclosure or release of HIV test resultsProvision

HIV test results are confidential; medical practitioners or other qualified officers must only disclose results to the person tested. Parents or guardians of a minor must inform a minor who tests HIV positive as soon as practical and must ensure the minor receives counselling before being informed.

Section Disclosure or release of HIV test results Section Notwithstanding sub-section (1), the results of an HIV test may be disclosed or released to— The results of an HIV test shall be confidential and shall only be disclosed or released by a medical practitioner or other qualified officer to the person tested. a parent or guardian of a minor ; a parent or guardian of a person of unsound mind; a legal administrator or guardian , with the written consent of the person tested; a medical practitioner or other qualified officer who is directly involved in the treatment or counselling of that person, where the HIV status is clinically relevant; any other person with whom an HIV infected person is in close or continuous contact including a sexual partner , if the nature of contact, in the opinion of the medical practitioner or other qualified officer , poses a clear and present danger of HIV transmission to that person; a person authorized by this Act or any other law; or any other person as may be authorized by a court ; any person exposed to blood or body fluid of a person tested. Subject to subsection (4), a parent or guardian of a minor shall inform the minor who tests HIV positive of his or her status as soon as it is practical. A parent or guardian of a minor shall ensure that before the minor is informed of his or her HIV positive results, he or she receives counselling. Nothing in this section shall prevent disclosure of statistical information in relation to HIV test results. Subsection (1) (e) shall not apply where a partner of a pregnant woman refuses to go for HIV testing .

Section 18Verify source

§ 19HIV counselling and testing - Confidentiality of test results and counselling informationOffence

People who possess information about another person's HIV status must keep that information confidential when handling it.

Section Confidentiality of test results and counselling information Section A person in possession of information relating to the HIV status of any person shall observe confidentiality in handling that information. A person who contravenes sub section (1) commits an offence.

Section 19Verify source

§ 20HIV counselling and testing - Person tested to be notified on disclosureProvision

Section Person tested to be notified on disclosure Section The medical practitioner or other qualified officer giving the results of an HIV test to any person shall, except in the case of other professionals involved in the treatment or care of the person tested, inform the person tested of the disclosure giving— the nature and purpose of disclosure ; date of disclosure ; and the recipient of the information.

Section 20Verify source

§ 21HIV counselling and testing - Organ, tissue, body fluid or part of the body to be identified with test resultsProvision

A person donating any organ, tissue, body fluid or part of their body for treatment or insemination must undergo HIV testing.

Section Organ, tissue, body fluid or part of the body to be identified with test results Section A person donating any organ, tissue, body fluid or part of his or her body for the treatment of another person or insemination of sperm, shall be subjected to HIV testing .

Section 21Verify source

§ 22HIV counselling and testing - Testing of donated bloodProvision

A person whose blood has been tested may be counselled and informed of the results as soon as possible.

Section Testing of donated blood Section Donated blood shall as soon as reasonably practicable be subjected to an HIV test. Blood tested under subsection (1) if found to contain HIV shall be disposed of in accordance with prescribed guidelines on the disposal of medical waste. A person whose blood has been tested may be counselled and informed of the results as soon as possible.

Section 22Verify source

§ 23HIV counselling and testing - Testing centers to maintain health standardsProvision

Health units carrying out HIV testing must maintain good health standards as may be prescribed by the Minister.

Section Testing centers to maintain health standards Section A health unit carrying out HIV testing shall maintain good health standards as may be prescribed by the Minister .

Section 23Verify source

§ 3HIV counselling and testing - Pre and post-test HIV counsellingProvision

Health units that carry out an HIV test must provide pre- and post-test counselling to the person tested.

Section Pre and post-test HIV counselling Section A health unit which carries out an HIV test shall in all cases provide pre and post-test counselling to a person undergoing an HIV test. A health unit may where necessary and with the consent of the person tested require the attendance of any other person likely to be affected by the results of such test.

Section 3Verify source

§ 4HIV counselling and testing - Counselling to be conducted by trained HIV counsellorsProvision

Counselling of any person under this Act may only be conducted by a medical practitioner, other qualified officer, or counsellor.

Section Counselling to be conducted by trained HIV counsellors Section Counselling of any person under this Act shall only be conducted by a medical practitioner , other qualified officer , or counsellor .

Section 4Verify source

§ 5HIV counselling and testing - Nature of pre-test counsellingProvision

A counsellor must provide pre-test HIV counselling to a person who has consented to testing and include specified information (transmission, importance of testing, consent form explanation, client-centered tailored information, personalized risk assessment, possible results and handling to reduce transmission); the counsellor may include other relevant information they deem necessary.

Section Nature of pre-test counselling Section A counsellor shall provide pre-test counselling to a person who has consented to be tested for HIV which shall include— information pertaining to the nature of HIV transmission; the importance of having an HIV test; an explanation of the informed consent form; client-centered information tailored to the behavior, circumstances and special needs of the person to be tested; personalized risk assessment; possible results and how to handle the situation to reduce transmission; and such other relevant information as the counsellor may deem necessary.

Section 5Verify source

§ 6HIV counselling and testing - Nature of post-test counsellingProvision

Counsellors must provide post-test counselling to persons receiving HIV test results: for negative results they must explain the results, recommend further testing, and stress protective measures; for positive results they must promptly provide counselling covering results and implications, infectiousness and prevention, referral to services, partner notification, and other necessary information.

Section Nature of post-test counselling Section A counsellor shall provide post-test counselling to a person getting negative HIV test results which shall include— A counsellor shall as soon as practicable provide counselling to a person getting positive HIV test results which shall include— the test results and their implications; importance of further testing; and continuing necessity of taking protective measures to avoid contracting HIV. test results and their implications; the infectious nature of the virus and types of the disease and measures to prevent transmission; referral to medical and social services; the importance of notifying his or her partner ; the importance of notifying persons in close or continuous contact posing danger of infection; continuing necessity of taking protective measures to avoid contracting other types of infection; and such other information as the counsellor may deem necessary.

Section 6Verify source

§ 7HIV counselling and testing - Continuous counsellingProvision

A health unit must, after post-test counselling, offer continuous counselling sessions to a person whose test results are HIV positive.

Section Continuous counselling Section A health unit shall, after the post-test counselling, offer continuous counselling sessions to a person whose test results are HIV positive to enable the person to effectively cope with his or her HIV status.

Section 7Verify source

§ 8HIV counselling and testing - HIV testing servicesOffence

Health units may offer HIV testing to persons; they must keep tested persons' identities at the health unit and must not disclose them except as allowed by law and medical standards; tests must be performed by a medical practitioner or other qualified officer; contravening this section is an offence.

Section HIV testing services Section A health unit may offer HIV testing services to a person. The identity of a person tested under subsection (1) shall be maintained at the health unit and shall not be disclosed or released to any person except in accordance with the law and medical standards of disclosing or releasing personal medical information. The performance of a test shall be carried out by a medical practitioner or other qualified officer . A person who contravenes this section commits an offence.

Section 8Verify source

§ 9HIV counselling and testing - Voluntary HIV testingProvision

A person may take a voluntary HIV test if they give informed consent.

Section Voluntary HIV testing Section A person may take a voluntary HIV test if he or she gives his or her informed consent .

Section 9Verify source

Part IV

State responsibility in HIV control

§ 24State responsibility in HIV control - State obligationsProvision

The government must devise measures for a range of HIV control obligations including equitable access to health services and medicines, universal HIV treatment, a national strategy and plan, prevention and control, awareness, participation of people living with HIV, mainstreaming programmes, care and support, adequate funding, and prioritising most at risk populations.

Section State obligations Section The government shall devise measures to— ensure the right of access to equitable distribution of health facilities, goods and services including essential medicines on a non-discriminatory basis; provide universal HIV treatment to all persons on a non-discriminatory basis; develop and implement a national public health strategy and plan of action for HIV; prevent and control HIV transmission; promote awareness of the rights of persons living with HIV and duties imposed on persons under this Act; promote and ensure non-discriminatory participation of people living with HIV and AIDS in government programmes; promote and ensure involvement of people living with HIV in participating in government programmes; mainstream HIV and AIDS programmes in all government sectors; provide care and support to persons living with HIV and AIDS as appropriate; provide adequate funding for HIV and AIDS programmes; give priority to most at risk population. For purposes of this section, "most at risk population" include fishing communities, prisons, migrant populations, or other areas as may be determined by the Minister from time to time.

Section 24Verify source

Part IX

Miscellaneous provisions

§ 48Miscellaneous provisions - Laboratory analysisProvision

Medical practitioners or other qualified officers who take certain biological samples must forward anonymised samples to the Ministry of Health Laboratory for confirmation, and must not include identifying names or information.

Section Laboratory analysis Section A medical practitioner or other qualified officer who takes biological samples of specimens from persons in discordant relationships or from a person who tests positive initially and later tests negative shall forward a sample to the Ministry of Health Laboratory for authoritative confirmation. The samples or specimens forwarded to the Ministry of Health laboratory shall not include names identified with them or any information which would identify the person tested.

Section 48Verify source

§ 49Miscellaneous provisions - RegulationsProvision

The Minister may make regulations to carry out the provisions of the Act.

Section Regulations Section The Minister may make regulations for the better carrying out of the provisions of this Act.

Section 49Verify source

§ 50Miscellaneous provisions - Minister to issue technical guidelines on surgical, dental, and other procedures or treatmentsProvision

The Minister may issue technical guidelines on precautions against HIV transmission during listed procedures and may issue guidelines on handling and disposal of cadavers, body fluids or waste of persons known to be living with HIV.

Section Minister to issue technical guidelines on surgical, dental, and other procedures or treatments Section The Minister may— issue technical guidelines on precautions against HIV transmission during surgical, dental, embalming, tattooing or similar procedures; issue guidelines on the handling and disposal of cadavers, body fluids, or waste of persons known to be living with HIV.

Section 50Verify source

Part V

HIV and AIDS Trust Fund

§ 25HIV and AIDS Trust Fund - Establishment of the FundProvision

Establishes a fund called the HIV and AIDS Trust Fund.

Section Establishment of the Fund Section There is established a Fund to be known as the HIV and AIDS Trust Fund .

Section 25Verify source

§ 26HIV and AIDS Trust Fund - Object of the FundProvision

The object of the Fund is to secure a predictable and sustainable means of procuring goods and services for HIV and AIDS counselling, testing and treatment.

Section Object of the Fund Section The object of the Fund is to secure a predictable and sustainable means of procuring goods and services for HIV and AIDS counselling, testing and treatment.

Section 26Verify source

§ 27HIV and AIDS Trust Fund - Source of moneys of the FundProvision

Specifies sources of the Fund's monies, including a two percent share of specified tax revenue and other identified tax revenue, donations and voluntary contributions.

Section Source of moneys of the Fund Section The monies of the Fund shall consist of— two percent of the total tax revenue collected from levies on beers, spirits or waragi , soft drinks and bottled water; tax revenue from any other taxable item as may be identified by the Minister responsible for finance from time to time; grants, monies, or assets donated to the Fund through the Minister responsible for finance or assets donated to the Fund by any foreign government, international agency or other external body of persons, corporate or unincorporated; or money received by the Fund by way of voluntary contributions. The tax revenue referred to in subsection (1) (a) shall be remitted directly to the Fund on a quarterly basis.

Section 27Verify source

§ 28HIV and AIDS Trust Fund - Administration of the FundCommencement

The Minister responsible for health must administer the Fund in consultation with the Minister responsible for finance; the Minister must make regulations within six months of commencement to provide for management of the Fund.

Section Administration of the Fund Section The Fund shall be administered by the Minister responsible for health in consultation with the Minister responsible for finance. The Minister shall, within six months of commencement of this Act, make regulations to provide for the management of the Fund . The regulations made under sub-section (2) shall be laid before Parliament for approval.

Section 28Verify source

Part VI

HIV and AIDS related human biomedical research

§ 29HIV and AIDS related human biomedical research - Requirements for researchProvision

The Minister may institute HIV/AIDS vaccine and related bio-product trials in the country, provided such trials do not endanger the health of participants.

Section Requirements for research Section The Minister in collaboration with the relevant institutions may institute trials on HIV and AIDS vaccines, medicines, and other related bio-products within the country, provided that such trials shall not endanger the health of persons undergoing such trials. Subject to subsection (1), research shall be carried out in conformity with requirements under the Uganda National Council for Science and Technology Act or any other written law for the time being in force.

Section 29Verify source

§ 30HIV and AIDS related human biomedical research - Consent to researchProvision

HIV/AIDS human biomedical research on a person or their tissue/blood may not be undertaken without written informed consent; if the subject is a minor or incapable, consent must come from a parent or legal guardian.

Section Consent to research Section A person shall not undertake HIV and AIDS related human biomedical research on another person or on any tissue or blood removed from such person except— with the written informed consent of a person on whom research is to be carried out; where that person is a minor or is incapable of giving consent, with the written informed consent of a parent or legal guardian of the child or other person. A person whose consent is sought to be obtained under subsection (1) shall be adequately informed of the aims, methods, anticipated benefits and the potential hazards and discomforts of the research. A person who is the subject of the research shall be provided with research facilitations in conformity with the provisions of the Uganda National Health Research Organization and the Uganda National Council for Science and Technology.

Section 30Verify source

§ 31HIV and AIDS related human biomedical research - Anonymous testingSubstitution

A person who consents to anonymous HIV testing shall not be required to provide a name, age, address, or any other information that may potentially identify them; for voluntary anonymous testing an identifying symbol substitutes the person’s true name or identity.

Section Anonymous testing Section Any person who consents to anonymous HIV testing shall not be required to provide a name, age, address, or any other information that may potentially identify him or her. In the case of voluntary anonymous HIV testing , an identifying symbol is substituted for the person’s true name or identity.

Section 31Verify source

Part VII

Discrimination on grounds of HIV status

§ 32Discrimination on grounds of HIV status - Discrimination in the workplaceCommencement

The section prohibits denying employment or adverse treatment based on actual, perceived or suspected HIV status; requires health institutions to provide certain free services and to comply with universal precautions within sixty days; and prohibits employer policies that mandate HIV testing.

Section Discrimination in the workplace Section A person shall not be— Subsection (1) shall not apply where an employer can prove that— A health institution shall provide free of costs— denied access to any employment for which he or she is qualified; or transferred, denied promotion, or have his or her employment terminated on the ground of his or her actual, perceived or suspected HIV status. the requirements of the employment in question are not met; a person is in a particular state of health or medical or clinical condition that renders him or her incapable of performing his or her work. international guidelines to all persons working or present in health institutions who may be occupationally exposed to HIV, with appropriate training for the use of the universal precautions provided in the Second Schedule; and post exposure prophylaxis to persons exposed to HIV, with appropriate counseling services. Subject to subsection (3), a health institution shall assist the person who acquires HIV to access HIV related treatment. Every health institution shall, within sixty days of the commencement of this Act ensure that the universal precautions on post exposure prophylaxis in accordance with the regulations are complied with. Notwithstanding the provisions of this Act, a policy introduced by an employer shall not require mandatory HIV testing including preemployment testing. A health care provider or a person who may be occupationally exposed or may occupationally transmit HIV shall use universal precautions in accordance with the regulations in the course of their work. An institution providing health care services shall ensure basic cleanliness and hygiene and the implementation of infection control measures in accordance with the regulations and any other law for the time being in force.

Section 32Verify source

§ 33Discrimination on grounds of HIV status - Discrimination in schoolsProvision

An educational institution must not refuse admission, expel, punish, segregate, or deny participation, benefits or services to a person solely because of that person's actual, perceived or suspected HIV status.

Section Discrimination in schools Section An educational institution shall not deny admission or expel, punish, segregate, deny participation in any event or activity, or deny any benefits or services to a person on the grounds only of the person's actual, perceived or suspected HIV status.

Section 33Verify source

§ 34Discrimination on grounds of HIV status - Restriction on travel and habitationProvision

Denies that a person's freedom of abode, lodging, or travel within or outside Uganda may be denied or restricted solely because of the person's actual, perceived, or suspected HIV status; also forbids quarantining, isolating, refusing lawful entry, or deporting someone for that reason.

Section Restriction on travel and habitation Section A person's freedom of abode, lodging, or travel, within or outside Uganda, shall not be denied or restricted on the grounds only of the person's actual, perceived, or suspected HIV status. A person shall not be quarantined, placed in isolation, refused lawful entry, or deported from Uganda on the grounds only of the person's actual, perceived or suspected HIV status.

Section 34Verify source

§ 35Discrimination on grounds of HIV status - Prohibition from public serviceProvision

People may not be denied the right to seek elective or other public office solely because of actual, perceived, or suspected HIV status.

Section Prohibition from public service Section A person shall not be denied the right to seek an elective or other public office on the grounds only of the person's actual, perceived or suspected HIV status.

Section 35Verify source

§ 36Discrimination on grounds of HIV status - Exclusion from credit and insurance servicesProvision

People cannot be forced to take an HIV test or disclose HIV status to get credit or insurance; insurers must set a no-test cover limit for life/health policies and may require testing or other measures for cover above that limit; appeals and court review are available.

Section Exclusion from credit and insurance services Section Where an applicant elects to undergo an HIV test pursuant to subsection (3) and the results thereof are positive— Subject to this Act, a person shall not be compelled to undergo an HIV test or to disclose his or her HIV status for the purpose of gaining access to any credit or loan services, medical, accident or life insurance or the extension or continuation of any such services. Notwithstanding the provisions of subsection (1), an insurer, reinsurer or health maintenance organization shall, in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which disclosure of a person's HIV status shall not be required. Where one seeks a cover exceeding the no test limit prescribed under subsection (2) the insurer, reinsurer or health maintenance organization may, subject to this Act, require the applicant to undergo an HIV test. the applicant shall, at his or her own expense, enter into such agreed treatment programme with the insurer as may be prescribed by the Minister in consultation with Insurance Regulatory Authority; or the insurer may impose a reasonable additional premium or hen to the benefits ordinarily purchased; or the insurer may decline granting the cover being sought. A person aggrieved by a determination as to what is reasonable for the purposes of this section may appeal to the Insurance Regulatory Authority in accordance with such procedure as may be prescribed in regulations and the Insurance Regulatory Authority shall make a determination on the basis of statistical and actuarial principles and other relevant considerations. A person aggrieved by a determination made under subsection (5) may apply within thirty days to court for review of the decision.

Section 36Verify source

§ 37Discrimination on grounds of HIV status - Discrimination in health institutionsProvision

A person must not be denied healthcare or charged a higher fee because of their actual, perceived, or suspected HIV status.

Section Discrimination in health institutions Section A person shall not be denied access to healthcare services in any health institution or be charged a higher fee for any such services, on the grounds only of the person's actual, perceived or suspected HIV status.

Section 37Verify source

§ 38Discrimination on grounds of HIV status - Protection of children living with HIV against discriminationProvision

Parents, guardians or persons with custody of a minor must not discriminate against the minor because of the minor's actual, perceived or suspected HIV status.

Section Protection of children living with HIV against discrimination Section A parent, guardian or a person having custody of a minor shall not discriminate against him or her on the grounds of the minor 's actual, perceived or suspected HIV status.

Section 38Verify source

§ 39Discrimination on grounds of HIV status - Access to healthcare servicesProvision

Health institutions, health management organizations and medical insurance providers must facilitate access to healthcare services for persons with HIV without discrimination on the basis of HIV status.

Section Access to healthcare services Section A health institution , whether public or private, and health management organization or medical insurance provider shall facilitate access to healthcare services to persons with HIV without discrimination on the basis of HIV status.

Section 39Verify source

§ 40Discrimination on grounds of HIV status - Liability for discriminatory acts and practicesProvision

A person who contravenes any of the provisions of this part shall be liable to a civil wrong.

Section Liability for discriminatory acts and practices Section A person who contravenes any of the provisions of this part shall be liable to a civil wrong.

Section 40Verify source

Part VIII

Offences and penalties

§ 41Offences and penalties - Attempted transmission of HIVOffence

A person who attempts to transmit HIV to another person commits a felony and on conviction is liable to a fine of not more than twelve currency points or imprisonment of not more than five years or both.

Section Attempted transmission of HIV Section A person who attempts to transmit HIV to another person commits a felony and shall on conviction be liable to a fine of not more than twelve currency points or imprisonment of not more than five years or both.

Section 41Verify source

§ 42Offences and penalties - Offences relating to breach of confidentialityOffence

A health practitioner or a person referred to under sections 16 and 17 must not breach medical confidentiality or unlawfully disclose any person's HIV status.

Section Offences relating to breach of confidentiality Section A health practitioner or a person referred to under sections 16 and 17 who— breaches medical confidentiality; or unlawfully discloses information regarding the HIV status of any person,

Section 42Verify source

§ 43Offences and penalties - Intentional transmission of HIVOffence

Makes it an offence for a person to willfully and intentionally transmit HIV to another person; on conviction the person faces up to 120 currency points fine, up to 10 years imprisonment, or both; however a person shall not be convicted if specific conditions about awareness and consent or protected sexual intercourse apply.

Section Intentional transmission of HIV Section A person shall not be convicted of an offence under subsection (1) if— A person who willfully and intentionally transmits HIV to another person commits an offence, and on conviction shall be liable to a fine of not more than one hundred and twenty currency points or to imprisonment for a term of not more than ten years or to both. the person was aware of the HIV status of the accused and the risk of infection, and he or she voluntarily accepted the risk; the alleged transmission was through sexual intercourse and protective measures were used during penetration.

Section 43Verify source

§ 44Offences and penalties - Penalty for offence relating to obstructionOffence

Persons who obstruct or prevent implementation activities under the Act commit an offence and are liable to a fine of up to 240 currency points, imprisonment for up to 10 years, or both.

Section Penalty for offence relating to obstruction Section A person who obstructs or prevents any activity related to implementation of provisions of this Act in any manner commits an offence and shall be liable to a fine of not more than two hundred and forty currency points or to imprisonment for a term of not more than ten years or to both.

Section 44Verify source

§ 45Offences and penalties - Misleading information or statementOffence

Making or publishing misleading statements or information about the cure, prevention or control of HIV is an offence punishable by a fine, imprisonment, or both.

Section Misleading information or statement Section All statements or information regarding the cure, prevention and control of HIV infection shall be subjected to scientific verification. Publication of statements or information referred to under subsection (1) shall be attached with both evidence of preand post-cure HIV test results. A person who makes, causes to be made or publishes any misleading statements or information regarding cure, prevention or control of HIV contrary to this section commits an offence and shall be liable on conviction to a fine of not more than two hundred and forty currency points or to imprisonment for a term of not more than ten years or to both.

Section 45Verify source

§ 46Offences and penalties - General penaltyOffence

A person who contravenes the provisions of the Act, where no specific punishment is prescribed, is liable on conviction to a fine of not more than two hundred and forty currency points or to imprisonment for a term of not more than ten years, or to both.

Section General penalty Section A person who contravenes the provisions of this Act, where no specific punishment is prescribed shall be liable on conviction to a fine of not more than two hundred and forty currency points or to imprisonment for a term of not more than ten years or to both.

Section 46Verify source

§ 47Offences and penalties - Exemption to creation of riskOffence

Sections 41 and 43 do not apply to transmission of HIV from a mother to her child before or during birth or through breastfeeding.

Section Exemption to creation of risk Section Sections 41 and 43 shall not apply to any transmission of HIV by a mother to her child before or during the birth of the child or through breastfeeding.

Section 47Verify source

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13 Feb 2015 · currentEnglish

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