Laws Information

法規資訊
Title: HIV Infection Control and Patient Rights Protection Act
Am Date: 2015-02-04
Legislative History: Amended Article 2, Article 6, Article 16, Article17, Article 23, Article 27 and added Article 15-1 and deleted Article 18 through 20 under Presidential Decree Hua-Tsong 1 Yi No. 10400012491 on February 4, 2015.

Transaction

Amended

Article 15-1
Under one of the following circumstances, for the need of medical care or emergency, medical personnel may collect specimens for HIV testing without the consent of the examinees or their legal proxies:
1. The sources of infection are suspected to cause duty practitioners, in their course of practicing their duties, expose to blood or body fluid that could have been infected by HIV viruses.
2. The examinees are unconscious and cannot express their wills.
3. Newborns of unknown mothers.
Due to the need of medical care or emergency, for persons under 20 years of age, when immediate consent of legal proxies cannot be obtained, with the consent of the persons concerned, medical personnel may collect specimens for HIV testing.
Article 2
The competent authorities mentioned in this Act refer to the Ministry of Health and Welfare at the central level; the municipality governments at the municipality level; and the county/city governments at the county/city level.

Article 6
Acting upon regulations of competent authorities, medical institutions shall conduct screening and prevention activities of HIV infection; expenses for such activities shall be budgeted for payment by the competent authorities.

Article 16
The infected shall visit medical care institutions designated by the central competent authorities for treatment, regular examination and testing.
The infected, who refuse the treatment, regular examination and testing regulated in the preceding Paragraph, may be given lectures or supervisory education by municipality and county/city competent authorities.
For the infected, in the two years from confirmed diagnosis and medication initiation, the following expenses shall be totally subsidized by the central competent authorities:
1. HIV treatment-related expenses including diagnostic fees during outpatient and inpatient care.
2. Expenses of antiretroviral medications.
3. Pharmaceutical service fees on antiretroviral medications.
4. Laboratory service fees on tests for HIV viral load and CD4 cell count.
5. Other items designated by the central competent authorities.
Of expenses mentioned in the preceding paragraph, after the two years from confirmed diagnosis and medication initiation, the central competent authority shall budget for the infected’s copayments, in addition to expenses of tests and medications not covered by the National Health Insurance.
For the subsidies mentioned in the two preceding Paragraphs, regulations concerning their subjects, procedures, annulment, and other matters shall be formulated by the central competent authority.

Article 17
Medical personnel, upon detection of remains of the infected, shall report within one week to the local competent authorities. Upon reporting, the local competent authorities shall assign medical care institutions to adequately handle the matter in accordance with the principles of infection control and prevention and the wishes of the families.

Article 23
A violation of Paragraph 3 of Article 11, Article 12, Article 14, Paragraphs 1 and 4 of Article 15, Article 15-1, or Article 17 is subject to a fine of NT$30,000 up to NT$150,000.
Medical personnel in violation of regulations of Article 13 shall be fined NT$90,000 up to NT$450,000.
Violation of Paragraph 1 or Paragraph 3 of Article 4, medical institutions in violation of regulations of Paragraph 3 of Article 12 shall be fined NT$300,000 up to NT$1,500,000.
Conditions of Paragraph 1 and preceding Paragraph, when necessary, competent authorities may order to improve in time; if improvement is not made in time, fine will be imposed by each time.
Medical personnel in serious violation of one of Paragraph 1 through Paragraph 3 shall be referred to the central competent authorities for punishment.

Article 27
This Act shall be implemented on the day of announcement.
The amendments to Paragraph 3 and Paragraph 4 of Article 16 of this Act shall be implemented two years after the announcement.
Article 18
(Deleted)

Article 19
(Deleted)

Article 20
(Deleted)