Circular No. 33/2011/TT-BYT stipulates mandatory HIV testing in certain necessary cases for diagnosis and treatment of patients. This Circular applies to individuals donating human tissues and organs; receiving human tissues and organs; donating sperm and ova; receiving sperm, ova, and embryos. Detailed provisions on procedures, costs, and responsibilities for reporting test results are also specified.
적용 범위
Individuals donating human tissues and organs; individuals receiving human tissues and organs; individuals donating sperm and ova; individuals receiving sperm, ova, and embryos; patients who have undergone clinical examination but the cause of their illness has not been identified or who exhibit symptoms suggestive of HIV infection.
핵심 사항
- Individuals donating human tissues and organs and individuals donating sperm and ova must undergo mandatory HIV testing before donation; the cost shall be borne by the receiving entity.
- Individuals receiving human tissues and organs and individuals receiving sperm, ova, and embryos must undergo mandatory HIV testing; the testing cost shall be covered by the Health Insurance Fund or paid by the individual undergoing the test.
- Patients who have undergone clinical examination but the cause of their illness has not been identified or who exhibit symptoms suggestive of HIV infection may undergo mandatory HIV testing for diagnosis and treatment.
- Pre- and post-HIV testing counseling must be conducted in accordance with Article 26 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS).
- The cost of HIV testing for individuals donating human tissues and organs or donating sperm and ova shall be borne by the receiving entity; the cost of HIV testing for other cases shall be covered by the Health Insurance Fund or paid by the individual undergoing the test.
🌐 이 문서의 사회적 영향
- Positive impact: Helps early detection and timely treatment of HIV patients, reducing the risk of HIV transmission through tissue and organ donation and receipt activities; sperm and ova donation.
- Negative impact: Testing costs may increase for those without health insurance cards, placing a financial burden on them.
❓ 자주 묻는 질문
Who must undergo mandatory HIV testing?
Individuals donating human tissues and organs; individuals receiving human tissues and organs; individuals donating sperm and ova; individuals receiving sperm, ova, and embryos.
Who bears the cost of mandatory HIV testing?
For individuals donating human tissues and organs or donating sperm and ova where there is already a recipient: the cost shall be borne by the receiving entity; if there is no recipient yet: the cost shall be borne by the receiving entity. For individuals undergoing HIV testing without a health insurance card: the cost shall be borne by the individual undergoing the test according to the current hospital fee schedule.
Must patients who have undergone clinical examination but whose cause of illness has not been identified undergo mandatory HIV testing?
Yes, if the patient exhibits symptoms suggestive of HIV infection as stipulated in Decision No. 3003/QD-BYT of the Minister of Health.
How is pre- and post-mandatory HIV testing counseling conducted?
Pre- and post-HIV testing counseling must be conducted in accordance with Article 26 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) and related regulatory documents.
When should positive HIV test results be reported?
According to Circular No. 01/2010/TT-BYT of the Minister of Health regarding the responsibility and procedure for reporting positive HIV test results.
전문
CIRCULAR
Regulations on mandatory HIV testing in certain cases necessary for diagnosis and treatment of patients
necessary for diagnosing and treating the patient
___________________
Pursuant to Clause 2, Article 28 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) dated June 29, 2006;
Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;
The Ministry of Health hereby guides mandatory HIV testing in certain cases necessary for diagnosis and treatment of patients as follows:
Article 1. Cases where mandatory HIV testing shall be conducted for diagnosis and treatment of patients
1. Donors of human tissues and organs.
2. Recipients of human tissues and organs.
3. Sperm donors and egg donors.
4. Recipients of sperm, eggs, and embryos.
Article 2. Principles for applying mandatory HIV testing
1. Mandatory HIV testing for diagnosis and treatment of patients shall only be carried out in the cases specified in Article 1 of this Circular.
2. Mandatory HIV testing for diagnosis and treatment must be preceded and followed by counseling in accordance with Article 26 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) and other relevant regulatory documents.
3. Reporting positive HIV test results shall be implemented in accordance with Circular No. 01/2010/TT-BYT dated January 6, 2010 of the Minister of Health on Provisions on Responsibilities and Procedures for Reporting Positive HIV Test Results.
Article 3. Funding for mandatory HIV testing
1. Costs of HIV testing for the cases specified in Clause 1 and Clause 3 of Article 1 of this Circular:
a) In the case where the donor of human tissues and organs or the donor of sperm and eggs (hereinafter referred to as the donor) already has a recipient: The cost of HIV testing for the donor shall be borne by the organization receiving human tissues and organs or receiving sperm and eggs, which will then be included in the examination and treatment costs for the recipient of sperm and eggs.
b) In the case where the donor does not yet have a recipient: The cost of HIV testing for the donor shall be borne by the organization receiving human tissues and organs or receiving sperm and eggs, which will then be included in the price of tissue transplantation services or assisted reproductive technology services provided by that organization based on the principle of ensuring revenue to cover expenses.
a) In the case where the person undergoing HIV testing has a health insurance card: The cost of HIV testing shall be covered by the Health Insurance Fund within the scope of benefits available.
b) In the case where the person undergoing HIV testing does not have a health insurance card: The cost of HIV testing shall be borne by the person undergoing testing in accordance with the current hospital fee system.
Article 4. Reference Provisions
In cases where the referenced documents in this document are replaced or amended, implementation shall be in accordance with the replacement or amended document.
Article 5. Effective Date
This Circular takes effect from October 30, 2011.
During implementation, if there are any difficulties, please report them to the Ministry of Health (Legal Department) for consideration and resolution./.
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