人類免疫缺乏病毒感染者權益保障辦法

This set of Regulations is formulated in accordance with regulations of Paragraph 1, article 4 of the HIV Infection Control and Patient Rights Protection Act (hereafter referred to as the Act).

1Matters concerning protection of the rights and interests of the HIV infected patients that are to be regulated by competent authorities and various central competent enterprise authorities are as follows:

21.Competent authorities: establishment of medical care systems for the infected, formulation, promotion and supervision of laws and regulations pertaining to the fair treatment of their schooling, medical care, employment, nursing care, and residence.

32.Competent authorities for internal affairs: matters concerning nursing care of the infected and protection of their other relevant rights and interests.

43.Competent authorities for the supervision of retired servicemen: matters concerning nursing care of the infected retired servicemen and protection of their other relevant rights and interests.

54.Competent education authorities: matters concerning maintenance and protection of the rights and interests of schooling of the infected and protection of their other relevant rights and interests.

65.Competent defense authorities: matters concerning maintenance and protection of the rights and interests of the infected military personnel and protection of their other relevant rights and interests.

76.Competent legal authorities: matters concerning maintenance and protection of the rights and interests of the infected under detention, improvement of the environment of detention institutions, and protection of their other relevant rights and interests.

87.Competent labor authorities: matters concerning promotion and protection of employment of the infected, rights and interests of labor, reconstruction of occupation, and protection of their other relevant rights and interests.

98.Competent authorities of press and communication: matters concerning protection of the rights and interests of the infected in reporting by communication media.

10The competent authorities and various central competent enterprise authorities, when implementing matters concerning protection of the rights and interests of the infected, shall coordinate each other, and shall establish liaison windows for external communication.

1Communication media, when reporting about the infected, shall not have one of the following:

21.using discriminative names, titles or descriptions;

32.not conforming to facts or likely to arose discrimination or prejudice;

43.disclosing personal information enough to make others deduce their identities;

54.disclosing names or addresses (residences).

Provisions on the instructions or contracts formulated by organizations (institutions), schools or groups for enrollment (recruitment) for schooling or employment shall not use HIV infection as the sole reason to remove the infected from their rights to receive education, attend examination and seek employment or pose any other unfair restrictions.

Organizations (institutions), schools or groups, if installed with dormitories, shall not use HIV infection as the sole reason to refuse their accommodation or pose any other restrictions.

1Lineal blood relatives, spouses or relatives living together and sharing common properties shall bear the responsibilities of caring for the infected and shall not refuse without reasons.

2When the relatives mentioned in the preceding Paragraph are unable to care for, and the infected require placement, nursing care or long-term care, and they meet the requirements for acceptance for care, social welfare or nursing institutions shall not use HIV infection as the sole reason to refuse rendering services to them.

3When providing services to the infected, the social welfare or nursing care institutions may request local competent authorities for any necessary assistance.

1The infected, when confront with unfair treatment or discrimination in schooling, employment regulated in Paragraph 1, article 4 of the Act, may submit appeals to the persons-in-charge of the organizations (institutions), schools or groups.

2Applicants, when the appeals mentioned in the preceding Paragraph are not processed in time, or are not satisfied with the results of processing, may submit appeals to the local competent authorities.

3The infected or the social welfare or nursing care institutions of their residence, when confront with unfair treatment or discrimination in nursing care, residence regulated in Paragraph 1, article 4 of the Act, may submit appeals to the local competent authorities.

4The applicants, if not satisfied with the processing by the local competent authorities of the appeals mentioned in the two preceding Paragraphs, may submit appeals to the central competent authority.

1Appeals of the preceding article shall be signed and made in writing. However, under special circumstances, they may be made orally; appeals may also be submitted by commissioned organizations (institutions), groups or the third party.

2When appeals are made orally, the accepting organizations (institutions) or personnel shall make records; the records shall be signed or affixed seal by applicants after being confirmed by them.

Submission of appeals shall be made within one year after the day of the occurrence of the fact.

Competent authorities at various levels, when accepting for processing appeals, shall complete the processing within three months after acceptance of the appeals.

1Competent authorities at various levels or other organizations (institutions), schools, groups, when accepting for processing appeals, shall invite the party concerned and relevant professional personnel, representatives of the patient rights protection groups to review the appeals in an objective, independent and fair manner.

2In the review mentioned in the preceding Paragraph, the infected shall remain anonymous.

If appeals are not submitted within the regulated time or concrete facts and reasons are not presented, organizations (institutions), schools, groups or competent authorities at various levels may decide not to accept and process the appeals or terminate their investigations and handling.

Organizations (institutions), schools or groups may not, for reason that the infected submit appeals for trespass, make processing, management measures against their interests, or make any unfair treatment.

This set of Regulations shall be implemented on the day of announcement.