The government did not consider the introduction of administrative liability for HIV-infected patients who refused registration. This follows from the report of the Cabinet of Ministers Vladimir Putin. The President, the document (copy is available), in may 2016 at the meeting of the security Council instructed the government to study the question of the appropriateness of punishment for those who have been diagnosed with the virus but who is not attached to the state AIDS centre.
Now patients with HIV are not legally obliged to register. Positive test done in public and private clinics, hospitals and laboratories, in any case should be referred to the AIDS centers at the place of registration of the citizen, but this does not mean automatic registration. To attach to the AIDS-infected center must be there in person with a passport, said the Deputy chief physician of the St. Petersburg Center for prevention and control of AIDS Tatyana Vinogradova. It is necessary to confirm the diagnosis, she says. The patient is put on record, passes the examinations in infectious diseases, undergoes tests and receives appropriate treatment.
By the end of 2015, there are 581,7 thousand people with HIV, said the health Ministry. According to the Ministry, which are contained in the strategy for prevention of infection, it is 66.1% of all patients with HIV.
To execute the order of the President, the government organized the interagency discussion. It was attended by representatives of the Ministry of interior, Ministry of foreign Affairs, Ministry of health, Ministry of justice, CPS, several universities and research organizations, including the Federal AIDS center and of the Institute of legislation and comparative law under the government (SISP).
Departments and organizations spoke out against the imposition of liability for infected and came to the conclusion that such a measure will not contribute to “the establishment of the trust, the partnerships that need to be installed between medical institutions and patients”, stated in the document. It will also lead to the abolition of rules about anonymity detection of HIV, underscore the government. This can significantly reduce the number of people willing to do such a study. Suggestions on what sanctions could be applied to patients with infection, report no.
The foreign Ministry believe that the debate about the introduction of compulsory registration of HIV patients will cause a backlash and pressure from foreign partners, including the world health organization and UNAIDS (the Union of organizations of the United Nations on HIV/AIDS).
The study of foreign legislation on this issue was conducted SISP. The analysis showed that in most countries there is no administrative liability for evasion of registration. With the exception of individual post-Soviet States. In Kyrgyzstan, the act of compulsory registration and compulsory investigation by the court. In Kazakhstan provides for a fine for citizens who refuse examination and treatment, if there is reason to suspect they have the infection. In Azerbaijan provides for medical monitoring of HIV-infected in compliance with the principle of secrecy of private and family life and privacy of citizens.
The Ministry of health brought to the debate the public by posting a notice on regulation.gov.ru on the development of the draft law on the mandatory staging of patients with HIV on record. The document has got 13 reviews, and only two of them, the initiative was supported. In October, the Department has considered the initiative of the relevant Committee, where she supported and was not.
The response of the Ministry of health says that HIV is not spread by airborne droplets and contact in everyday life, so the restrictions imposed on the infected person, should be minimal. Based on this, the Ministry of health comes to the conclusion on inexpediency of the introduction of compulsory registration. In the alternative, the Department proposed to increase the availability of testing, and to combat discrimination of the population with HIV.
Registration needs to promote is not fine, and the widespread introduction of rapid tests for HIV, agrees the expert of Fund of assistance to AIDS Dennis Godlewski. Often in Russian clinics, the patient delivers the analysis and comes to its results, which means that in the AIDS centre and he is also not addressed. Rapid tests that allow you to quickly pre-assess the status of a person is motivated to return to the clinic in order to ascertain its positive or negative diagnosis, I’m sure Godlewski.