人類免疫缺乏病毒傳染防治及感染者權益保障條例

This Act is hereby formulated to prevent the infection and spread of human immunodeficiency virus (HIV) infection, to maintain the health of the population, and to protect the rights of people living with HIV.

The competent authorities specified herein refer to the Ministry of Health and Welfare at the central government level; the municipality governments at the municipality government level; and the county/city governments at the county/city government level.

People living with HIV (hereafter referred to as PLHIV) specified herein refer to those acquiring the virus with and without progression to acquired immunodeficiency syndrome (AIDS).

1The dignity and the legal rights of PLHIV shall be protected and respected; there shall be no discrimination, no denial of education, medical care, employment, nursing home, or housing, or any other unfair treatment; regulations governing the protection of their relevant rights shall be formulated by the central competent authority in consultation with central competent authorities in charge of respective enterprises.

2To prevent the spread of HIV, the central competent authority may impose certain necessary regulations on the practices of the professions that PLHIV engage in.

3No audio recordings, videos, or photographs of PLHIV shall be permitted without their consent.

1The central competent authority shall invite groups promoting the rights and the interests of PLHIV, private institutions, scholars and experts, and representatives of central competent authorities in charge of respective enterprises to participate in the promotion of matters concerning HIV infection control and protection of the rights and interests of PLHIV; participants of one gender shall constitute no less than one-third of the total number of participants, and representatives from groups promoting the rights and the interests of PLHIV, private institutions, scholars and experts shall constitute no less than one-half of the total participants.

2The matters concerning infection control and human rights protection mentioned in the preceding Paragraph include:

31. Program planning and integration, counseling, promotion pertaining to HIV infection control and the protection of the rights and the interests of PLHIV;

42. Accepting and processing the settlement concerning the infringement on the rights and the interests of PLHIV;

53. Formulating the regulations governing the protection of the rights and the interests and coordinating the settlement concerning the infringement on the rights and the interests of PLHIV and other matters to be complied with.

6Representatives of the groups promoting the rights and the interests of PLHIV, and private institutions mentioned in Paragraph 1 shall initially be recommended by registered private institutions, groups and then invited by the competent authorities.

In accordance with the 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.

1Competent authorities shall conduct education programs and promotion campaigns on the prevention and control of HIV.

2The various central competent authorities in charge of their respective enterprises shall devise annual plans detailing education programs and promotion campaigns; the contents of such plans shall include gender awareness and shall focus on anti-discrimination. These plans shall be implemented with the assistance of organizations, schools, groups and mass media.

1Individuals with any of the following conditions shall attend instructional training on the prevention and control of HIV and other sexually transmitted diseases:

21. Found to use or traffic drugs;

32. Found to have sexual intercourse or indecent behavior with others with the intention to profit;

43. Found to have sexual intercourse or indecent behavior with individuals mentioned in the preceding Subparagraph.

5The regulations governing the curricula, hours, implementation units of these instructional training mentioned in the preceding Paragraph and other matters to be complied with shall be decided by the central competent authority.

1To prevent HIV transmission through the sharing of needles and syringes, diluted fluids or containers, when necessary, competent authorities may establish mechanisms for the supply, exchange, and recall of needles and syringes and the use of controlled drugs as a substitution treatment for drug addicts; the regulations governing the relevant groups, methods, contents, implementation institutions and other matters to be complied with shall be decided by the central competent authority.

2Individuals in supply or possession of needles and syringes or controlled drugs while participating in the mechanisms mentioned in the preceding Paragraph shall not bear any criminal responsibility.

Hotel and spa owners shall provide condoms and liquid lubricant at the business premises.

1Individuals who engage in any of the following activities shall undergo prior HIV testing:

21. Donating blood for the use and transfusion of others; the preceding provision does not apply to in situations where prior HIV testing cannot be performed due to emergency transfusion needs.

32. Manufacturing blood products;

43. Performing transplantation of organs, tissues, body fluids or cells.

5If an individual tests positive for HIV, his/her blood, organs, tissues, body fluids and cells shall not be used. However, the preceding provision does not apply in situations where an individual living with HIV who is to receive the organ transplant has given his/her written consent prior to the organ transplant.

6Medical institutions shall report HIV-positive individuals under the first paragraph to the competent authorities.

1PLHIV have the obligation to provide information regarding the sources of infection or contacts; when under medical care, they shall inform medical personnel of their HIV status. The preceding provision does not apply in emergency situations or when PLHIV are in an environment where privacy is not protected.

2Competent authorities may conduct investigations of PLHIV and the sources of infection or contacts. When conducting investigations, however, the dignity and privacy of PLHIV shall not be infringed.

3After being informed by PLHIV of their infection, medical institutions and medical personnel shall not refuse to provide medical services.

1Medical personnel shall report HIV cases to the local competent authorities within 24 hours of identification; the procedures and the required contents for reporting shall be decided by the central competent authority.

2Competent authorities, for the need of prevention and medical care, may request medical institutions, physicians, or forensic medicine physicians to provide relevant testing results and treatment of PLHIV within a specified deadline; medical institutions, physicians or forensic medicine physicians shall not refuse, evade or obstruct such requests.

Competent authorities, medical institutions, medical personnel, and other persons who are in possession of information such as names and medical records of the infected through their professional duties, except as permitted by law or as necessary for the needs of prevention and medical care, shall not disclose such information.

1Competent authorities shall notify the following persons to receive counseling and undergo HIV testing at designated medical institutions:

21. Individuals reported, identified, or suspected of having HIV infection;

32. Individuals who engage in unsafe sexual behavior with PLHIV, sharing of needles and syringes, diluted fluids, or containers, or any other unsafe behaviors;

43. Individuals identified as HIV positive and reported by medical institutions in accordance with Paragraph 3 of Article 11;

54. Individuals who have received transfusions or transplants of blood, organs, tissues, or body fluids from PLHIV;

65. Other individuals deemed necessary for testing by the central competent authority.

7The costs of HIV testing mentioned in the preceding Paragraph shall be budgeted by the central competent authority and the various central competent authorities in charge of their respective enterprises; the scope of coverage for HIV testing mentioned in Subparagraph 5 of the preceding Paragraph shall be announced by the central competent authority.

8Individuals mentioned in Paragraph 1 may visit medical institutions designated by competent authorities to request counseling and HIV testing on their own initiative.

1Under any 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 individual being examined or their legal proxy:

21. The individual suspected of being the source of infection may have caused practitioners’ blood or bodily fluids to be exposed to HIV in the course of their professional duties.

32. The individual is unconscious and unable to express their will.

43. The individual is a newborn of an unknown mother.

5Due to the need for medical care or emergency, when the immediate consent of the legal proxy of a minor cannot be obtained, medical personnel may collect specimens for HIV testing with the consent of the minor.

1PLHIV shall visit medical care institutions designated by the central competent authorities for treatment, regular examinations and testing.

2PLHIV who refuse the treatment, regular examinations and testing provided for in the preceding Paragraph may be required to attend instructional training or receive supervised education by the municipal, county and city competent authorities.

3For PLHIV, in the two years from their confirmed diagnosis and medication initiation, the following expenses shall be fully subsidized by the central competent authorities:

41. HIV treatment-related expenses including diagnostic fees during outpatient and inpatient care.

52. Expenses for antiretroviral medications.

63. Pharmaceutical service fees for antiretroviral medications.

74. Laboratory service fees for tests on HIV viral load and CD4 cell count.

85. Other items designated by the central competent authorities.

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Medical personnel shall report the remains of PLHIV within one week of identification to the local competent authorities. Upon receiving the report, 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 family.

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1Individuals who knowingly conceal their HIV-positive status and engage in unsafe sexual behavior with others or share needles, diluted fluids, or containers, leading to the infection of others shall be sentenced to imprisonment for a term of no less than five years and no more than twelve years.

2Individuals who are fully aware of their HIV-positive status and knowingly donate blood, organs, tissues, body fluids, or cells for transplantation or use by others, leading to the infection of others, shall be subject to the same punishment. However, in the situations specified by the proviso of Paragraph 2 of Article 11 such individuals shall not be subject to punishment.

3Attempted offenders of the preceding two Paragraphs shall be punished.

4The definition of unsafe sexual behavior shall be formulated by the central competent authority following the relevant regulations outlined by the World Health Organization.

Individuals in violation of Paragraph 1 or Paragraph 2 of Article 11 shall be fined an amount of no less than NT$30,000 and no more than NT$150,000; and if such violations result in others being infected with HIV, they shall be sentenced to imprisonment for a period of no less than three years and no more than ten years.

1A violation of Paragraph 3 of Article 11, Article 12, Article 14, Paragraphs 1 and 4 of Article 15, Article 15-1, or Article 17 shall be fined an amount of no less than NT$30,000 and no more than NT$150,000. However, in the situations specified in the proviso of Paragraph 1 of Article 12, such individuals shall not be subject to punishment.

2Medical personnel in violation of the provisions of Article 13 shall be fined an amount of no more than NT$90,000 and no less than NT$450,000.

3A violation of Paragraph 1 or Paragraph 3 of Article 4 and medical institutions in violation of regulations of Paragraph 3 of Article 12 shall be fined an amount of no less than NT$300,000 and no more than NT$1,500,000.

4For the situations specified in Paragraph 1 and the preceding Paragraph, when necessary, competent authorities may order improvements within a specified period; if the required improvement is not made in time, a fine will be imposed each time.

5Medical personnel in serious violation of any provisions from Paragraph 1 through Paragraph 3 shall be referred to the central competent authorities for punishment.

1In the event that a business premise violates the provisions set forth in Article 10 and fails to make improvements within the prescribed period of time, the owner of the business shall be fined an amount of no less than NT$30,000 and no more than NT$150,000.

2Individuals in violation of Paragraph 1 of Article 8 who refuse to attend instructional training shall be fined an amount of no less than NT$ 10,000 and no more than NT$ 50,000.

The fines set by this Act shall be enforced by the municipal or county (city) competent authorities. Fines imposed pursuant to Article 23 may also be enforced by the central competent authority.

1Persons providing services to PLHIV or performing the work specified herein with outstanding achievements shall be awarded and encouraged by the central competent authority.

2For persons acquiring HIV in the course of providing services to PLHIV or performing the work specified herein, their organizations (institutions) of employment shall offer them reasonable compensation; the regulations governing the methods as well as amounts of compensation and other matters to be complied with shall be decided by the central competent authority.

1This Act shall be implemented on the day of promulgation.

2The amendments to Paragraph 3 and Paragraph 4 of Article 16 of this Act shall be implemented two years after promulgation.