Circular No. 02/2020/TT-BYT stipulates the procedures and responsibilities for reporting positive HIV test results

CIRCULAR

REGULATIONS ON PROCEDURES AND RESPONSIBILITIES FOR NOTIFYING POSITIVE HIV TEST RESULTS

BASED ON THE LAW ON PREVENTION, CONTROL OF INFECTION BY VIRUSES CAUSING ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) ON JUNE 29, 2006;DECREE NO. 75/2017/ND-CP OF JUNE 20, 2017 ISSUED BY THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATION STRUCTURE;PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE HIV/AIDS PREVENTION AND CONTROL DEPARTMENT;

Decree No. THE MINISTER OF HEALTH REGULATES THE RESPONSIBILITIES AND PROCEDURES FOR NOTIFYING POSITIVE HIV TEST RESULTS.THIS CIRCULAR REGULATES THE PROCEDURES AND RESPONSIBILITIES FOR NOTIFYING POSITIVE HIV TEST RESULTS.Article 2. Principles for Notifying Positive HIV Test Results transmission within the scope of payment of the health insurance fund.

1. Positive HIV test results may only be notified when such results have been confirmed by a laboratory that has been authorized by the competent authority to conduct confirmatory testing for HIV-positive cases as stipulated in Decree No. 75/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for conducting HIV tests and Decree No. 155/2018/NĐ-CP dated November 12, 2018 of the Government amending and supplementing certain provisions related to investment and business conditions under the management of the Ministry of Health.

2. Positive HIV test results must be reported only to the individuals specified in point b, Clause 2, Article 4 and Clause 1, Article 30 of the Law on Prevention and Control of Infection by Viruses Causing Acquired Immune Deficiency Syndrome (HIV/AIDS) (hereinafter referred to as the Law on Prevention and Control of HIV/AIDS).3. Individuals who access information and medical records of HIV-infected persons during the performance of their assigned tasks must ensure confidentiality in accordance with Clause 5, Article 8 of the Law on Prevention and Control of HIV/AIDS and relevant legal documents.4. Pre-test and post-test counseling must be provided to individuals undergoing HIV testing in accordance with the counseling content prescribed by the Minister of Health in Circular No. 01/2015/TT-BYT dated February 27, 2015 guiding counseling on prevention and control of HIV/AIDS at healthcare facilities.5. The transportation and delivery of positive HIV test results must ensure the confidentiality of HIV-infected individuals' information and comply with Clause 5, Article 8 of the Law on Prevention and Control of HIV/AIDS.Article 3. Issuing, Transporting, and Delivering Positive HIV Test Result Forms

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Laboratories confirming HIV-positive cases shall issue Positive HIV Test Result Forms (hereinafter referred to as Test Result Forms):

a) A serological diagnosis test result form according to the Model prescribed in Appendix No. 01 issued together with this Circular;

b) A molecular biology diagnosis test result form according to the Model prescribed in Appendix No. 02 issued together with this Circular;

c) The Test Result Forms specified in points a and b of this Clause shall be issued in a minimum of three copies: one copy retained at the designated facility for confirmatory HIV testing, one copy retained at the facility conducting confirmatory HIV testing, and one copy returned to the individual undergoing HIV testing.

2. Transporting and delivering Test Result Forms within the laboratory:

a) The head of the laboratory is responsible for establishing procedures for transporting and delivering Test Result Forms within the laboratory to ensure the confidentiality of test results, information, and the HIV status of individuals undergoing HIV testing;

b) If the laboratory conducts electronic transportation and delivery of Test Result Forms, it must comply with the laws on prevention and control of HIV/AIDS, and the Test Result Form returned to the individual undergoing HIV testing must be a paper copy.

3. Transporting and delivering Test Result Forms from the laboratory to organizations, agencies, or authorized entities for legal proceedings: The Test Result Form must be placed in a sealed envelope, clearly marked with the name, address, and telephone number (if available) of the organization, agency, or individual, and sealed with the stamp of the laboratory sending the Test Result Form.g positivity

1. Basis for confirming positive HIV cases through laboratory testing, issue the Positive HIV Test Result Form (hereinafter referred to as the Test Result Form):

a) The Positive HIV Test Result Form using serological techniques according to the Model prescribed in Appendix No. 01 issued together with this Circular;

b) The Positive HIV Test Result Form using molecular biology techniques according to the Model prescribed in Appendix No. 02 issued together with this Circular;

c) The Positive HIV Test Result Forms specified in points a and b of this Clause must be issued in a minimum of three copies: one copy retained at the facility designated to conduct confirmatory positive HIV tests, one copy retained at the facility conducting confirmatory positive HIV tests, and one copy returned to the person undergoing the HIV test.

2. Transporting and delivering the Test Result Form within the testing facility

a) The head of the testing facility is responsible for establishing procedures for transporting and delivering the Test Result Form within the testing facility to ensure the confidentiality of the test results, information, and HIV infection status of the person undergoing the HIV test;

b) In cases where the testing facility conducts electronic transportation and delivery of the Test Result Form, it must comply with the provisions of the laws on HIV/AIDS prevention and control, and the Test Result Form returned to the person undergoing the HIV test must be a paper copy.

3. Transporting and delivering the Test Result Form from the testing facility to organizations, agencies, or authorized persons conducting criminal proceedings: The Test Result Form must be placed in a sealed envelope, clearly marked with the name of the organization, agency, individual, address, and telephone number (if available), and sealed with the stamp of the testing facility sending the Test Result Form.

Article 4. Time for Reporting Positive HIV Test Results

The reporting of positive HIV test results must be completed no later than 72 hours from when the person responsible for reporting the test results at the healthcare facility where the patient was sampled receives the Test Result Form, except in the following cases:

1. The individual undergoing the HIV test does not come to collect the test result.

2. If the person being tested is unable to receive information about their positive HIV status due to insufficient health, the person responsible for reporting the positive HIV test result selects an appropriate time to report to the person being tested.

Article 5. Forms of Reporting Positive HIV Test Results

1. Directly notify and provide the Test Result Form to the subjects specified in points a and b, Clause 1, Article 30 of the Law on Prevention and Control of HIV/AIDS.

2. Directly notify or transfer the Test Result Form to the subjects specified in points c and d, Clause 1, Article 30 of the Law on Prevention and Control of HIV/AIDS.

3. Notify in writing along with the Test Result Form to the subjects specified in points đ and e, Clause 1, Article 30 of the Law on Prevention and Control of HIV/AIDS.

Chapter II

PROCEDURE AND RESPONSIBILITY FOR REPORTING POSITIVE HIV TEST RESULTS

Article 6. Persons Responsible for Reporting Positive HIV Test Results

1. The head of the healthcare facility or the person assigned the task of reporting positive HIV test results at the healthcare facility that conducts HIV sample testing, including:

a) Medical examination and treatment facilities;

b) Other healthcare facilities.

2. The head or the person assigned the task of reporting positive HIV test results at the following agencies and organizations:

a) Social welfare facilities;

b) Prisons, detention centers, temporary holding facilities, compulsory education facilities, reformatory schools;

c) Drug rehabilitation facilities.

3. The head of the agency or the person authorized to issue a request for HIV testing in mandatory HIV testing cases as stipulated in Article 28 of the Law on Prevention and Control of HIV/AIDS.

4. People living with HIV

a) Inform their spouse or partner planning to marry them of their positive HIV status;

b) Inform healthcare workers directly caring for and treating them when participating in medical examination and treatment services to prevent HIV/AIDS transmission.

Article 7. Procedure for Reporting Positive HIV Test Results for Individuals Tested Who Come to Healthcare Facilities for Examination

1. Procedure for Reporting and Providing the Positive HIV Test Result Form to Individuals Coming to Healthcare Facilities for Examination:

a) After receiving the Test Result Form, the laboratory retains one copy of the Test Result Form and transfers two copies of the Test Result Form to the doctor directly examining the person being tested;

b) After the doctor directly examining the person receives the Test Result Form, the doctor directly advises and provides the Test Result Form to the person being tested or transfers the Test Result Form to the counseling department or the person assigned the task of providing counseling and the Test Result Form to the person being tested.

2. In cases where the person being tested continues to see other specialists, the nurse or person assigned the initial examination department's task directly reports the test results to the nurse or doctor in the subsequent examination room who will directly examine, treat, or perform procedures on the patient.

3. In cases where the person being tested needs to be hospitalized for treatment, the doctor transfers the medical records and case file along with the Test Result Form to the head nurse or person assigned the task of the department or room where the person being tested is transferred for treatment.

The head nurse or the person assigned the task at the department or ward where the patient undergoing examination and treatment is located shall be responsible for informing the department head, physician, and the directly caring and treating nurses.

4. In cases where the person undergoing examination transfers to another healthcare facility for HIV/AIDS treatment: the procedure for reporting positive HIV test results shall be carried out in accordance with Article 13 of this Circular.

Article 8. Procedure for Reporting Positive HIV Test Results to Persons Undergoing HIV Testing Who Are Currently Receiving Treatment at Healthcare Facilities

1. Procedure for Reporting and Delivering the Positive HIV Test Result Certificate to the Person Undergoing Examination:

a) After receiving the Test Result Certificate, the testing department retains one copy of the Test Result Certificate and forwards two copies of the Test Result Certificate to the head nurse of the department or ward where the patient is being treated.

b) The head nurse or the person assigned the task at the department or ward where the patient is being treated shall be responsible for retaining one copy of the Test Result Certificate in the medical record. The procedure for reporting and delivering the Test Result Certificate to the person undergoing examination shall be implemented according to point b, Clause 1, Article 7 of this Circular.

2. Procedure for Reporting Positive HIV Test Results to Directly Involved Healthcare Workers Caring for and Treating Patients at Healthcare Facilities Where the Patient Is Being Treated:

After receiving the Test Result Certificate, the head nurse or the person assigned the task of reporting test results at the department or ward where the patient undergoing examination is located shall be responsible for:

a) Informing the department head, physician, and directly caring and treating nurses about the patient's HIV status;

b) Informing the physicians and nurses directly examining or performing other procedures in other departments or wards about the patient's HIV status.

3. In cases where the patient must transfer departments, the head nurse or the person assigned the task at the department or ward from which the patient is transferring must transfer the Test Result Certificate to the head nurse of the department or ward receiving the patient when transferring the medical records.

The head nurse or the person assigned the task at the department or ward receiving the patient shall be responsible for informing the department head, physician, and directly caring and treating nurses.

4. In cases where the patient must transfer hospitals, the healthcare facility from which the patient is transferring must transfer the Test Result Certificate to the healthcare facility where the patient is being transferred for treatment.

The head nurse or the person assigned the task at the department or ward receiving the patient shall be responsible for informing the department head, physician, and directly caring and treating nurses.

Article 9. Procedure for Reporting Positive HIV Test Results to Persons Undergoing HIV Testing at Another Healthcare Facility

1. After receiving the Test Result Certificate, the testing department retains one copy of the Test Result Certificate and forwards two copies of the Test Result Certificate to the physician directly examining the patient or the head of the counseling and testing department for the person undergoing examination.

2. After the physician directly examining receives the Test Result Certificate, the physician directly advises and delivers the Test Result Certificate to the person undergoing examination or transfers the Test Result Certificate to the counseling and testing department or transfers the Test Result Certificate to the person assigned the task of providing counseling before reporting and delivering the Test Result Certificate to the person undergoing examination.

Article 10. Procedure for announcing positive HIV test results to individuals under care at social welfare facilities, compulsory educational institutions, reformatory schools, prisons, detention centers, holding houses, drug rehabilitation centers.

Clause 1. Upon receiving the Test Result Form, the head of social welfare facilities, compulsory educational institutions, reformatory schools, prisons, detention centers, holding houses, drug rehabilitation centers (hereinafter referred to as management facilities) shall transfer the Test Result Form to the person in charge of the health department or medical facility within the management facility.

Clause 2. The person in charge of the health department or medical facility shall be responsible for:

Point a) Keeping the Test Result Form in the medical record of the tested individual;

Point b) Informing the direct manager, caregiver, and treatment provider about the positive HIV status of the tested individual;

Point c) Conducting counseling and announcing the positive HIV test result to the tested individual. The return of the Test Result Form to the tested individual shall be carried out in accordance with Clause 4 of this Article;

Point d) In cases where the tested individual is a minor with a positive HIV test result, the announcement and return of the Test Result Form shall be conducted simultaneously for both the minor and the guardian of the minor.

Clause 3. In cases where the tested individual with a positive HIV test result transfers from one management facility to another: the head of the management facility where the tested individual transferred from shall be responsible for transferring the Test Result Form of that individual to the management facility where the tested individual transferred to.

Clause 4. In cases where the tested individual has completed their management period at the management facility: the head of the management facility shall be responsible for returning the Test Result Form to the tested individual.

Article 11. Procedure for announcing positive HIV test results to individuals subject to forensic examination decisions by competent authorities or persons authorized to conduct criminal proceedings.

After receiving the notification and Test Result Form of the positive HIV test of the tested individual, the authority or person authorized to conduct criminal proceedings who issued the request for HIV testing shall be responsible for:

Point 1. Transferring the Test Result Form to the head of the prison, detention center, holding house, compulsory educational institution, reformatory school managing the HIV-infected individual. The procedure for announcing the positive HIV test result to the tested individual shall be carried out in accordance with Clause 1 and 2 of Article 10 of this Circular.

Point 2. Announcing and returning the Test Result Form to the individual required to undergo forensic examination for HIV when they are residing in the community or on parole.

Article 12. Procedure for announcing positive HIV test results of HIV-infected individuals to their spouse or partner preparing to marry them.

Clause 1. After the tested individual receives the notification of the positive HIV test result, healthcare staff shall guide the HIV-infected individual to inform their spouse or partner preparing to marry them about their HIV status. If the HIV-infected individual cannot personally inform their spouse or partner preparing to marry them about their HIV status, they may authorize a written power of attorney to healthcare staff (hereinafter referred to as the authorized representative) to inform their spouse or partner preparing to marry them about their HIV status. The authorized representative shall be responsible for maintaining the confidentiality of the information and status of the HIV-infected individual in accordance with the laws on HIV/AIDS prevention and control.

Clause 2. After being authorized, the authorized representative shall carry out the notification of the HIV status to the spouse or partner preparing to marry the HIV-infected individual in accordance with the guidance provided in point b and c of Clause 2 of Article 8 of Decision No. 2673/QD-BYT dated April 27, 2018 of the Minister of Health guiding HIV testing counseling in the community.

Article 13. Procedure for Notifying Positive HIV Status to Healthcare Workers Directly Providing Care and Treatment When Using Medical Services

1. When using medical examination and treatment services, persons living with HIV shall be responsible for notifying their HIV status to the physician directly examining and treating them. In cases where persons living with HIV use services for HIV/AIDS examination and treatment, they shall be responsible for presenting the test result certificate to the physician directly examining and treating HIV/AIDS for the patient.

2. Physicians directly examining and treating persons living with HIV shall be responsible for notifying other healthcare workers involved in providing care and treatment to the patient.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Responsibilities for Implementation

1. The HIV/AIDS Prevention and Control Department shall organize the implementation, inspection, supervision, interim review, and final assessment of the implementation of the provisions of this Circular throughout the country.

2. The Department of Medical Examination and Treatment shall organize the implementation, inspection, and supervision of the implementation of the provisions of this Circular at medical examination and treatment facilities throughout the country.

3. The Director of the Health Departments of provinces and centrally governed cities shall organize the implementation, inspection, and supervision of the implementation of the provisions of this Circular within their assigned jurisdiction.

4. Heads of agencies and organizations responsible for reporting positive HIV test results shall be responsible for implementing the provisions of this Circular.

Article 15. Reference Provisions

In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced documents.

Article 16. Effective Date

1. This Circular takes effect from March 15, 2020.

2. Circular No. 01/2010/TT-BYT dated January 6, 2010, issued by the Minister of Health, regarding the procedure and responsibility for notifying positive HIV test results, shall cease to be effective from the date this Circular comes into force.

Article 17. Responsibility for Implementation

The Director of the HIV/AIDS Prevention and Control Department, the Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments, Directors of the Cuc (Bureaus), and the General Directors of the Total Cuc (General Bureaus) under the Ministry of Health, the Directors of the Health Departments of provinces and centrally governed cities, and related organizations and individuals shall be responsible for implementing this Circular.

During implementation, if there are any difficulties, agencies, organizations, and individuals are requested to report them to the Ministry of Health (HIV/AIDS Prevention and Control Department) for consideration and resolution./.