HIV/AIDS Prevention Act 2017 Quiz

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Questions and Answers

What is prohibited by the legislation regarding the feelings of hatred?

  • Criticizing public figures
  • Communicating feelings of hatred against protected persons (correct)
  • Participating in political protests
  • Expressing disagreement with government policy

What must be obtained before conducting an HIV test according to the informed consent provisions?

  • General consent from the community
  • Verbal agreement from a family member
  • Consent from a medical board
  • Informed consent from the person or their representative (correct)

Which scenario does not require informed consent for an HIV test?

  • When the person agrees to the test voluntarily
  • When the individual is under treatment for another illness
  • When a court orders the test as part of a legal proceeding (correct)
  • When the person is unconscious and unable to provide consent

What is included in the informed consent for an HIV test?

<p>Pre-test and post-test counselling (C)</p> Signup and view all the answers

Why might a person be subjected to medical treatment without informed consent?

<p>If a court orders it for legal reasons (C)</p> Signup and view all the answers

What action is clearly forbidden by the legislation concerning protected persons?

<p>Spreading misinformation about them (D)</p> Signup and view all the answers

What is the main aim of the informed consent requirements for HIV testing?

<p>To ensure individuals are fully aware of the implications of the test (C)</p> Signup and view all the answers

What must occur before an HIV test is conducted according to the informed consent provisions?

<p>Pre-test counselling (C)</p> Signup and view all the answers

Under what circumstance is informed consent not required for disclosing HIV-related information?

<p>When there is a court order necessary for the determination of issues. (A)</p> Signup and view all the answers

Who is allowed to disclose an HIV-positive status to a partner under the specified conditions?

<p>Only a physician or counselor directly involved in the person's care. (A)</p> Signup and view all the answers

Which of the following does NOT exempt a healthcare provider from requiring informed consent?

<p>Disclosure motivated by a desire to educate the public. (D)</p> Signup and view all the answers

Which of the following scenarios allows for the disclosure of HIV-related information without consent?

<p>When disclosure is made for care or treatment by a healthcare provider. (A)</p> Signup and view all the answers

In what instance can a healthcare provider disclose HIV-related information without a patient's consent for statistical purposes?

<p>When the information is aggregated and cannot identify any individual. (B)</p> Signup and view all the answers

Who prescribes the terms and conditions of the ombudsman's service?

<p>The State Government (B)</p> Signup and view all the answers

What authority does the Ombudsman have regarding information during inquiries?

<p>He can require any person to furnish information (C)</p> Signup and view all the answers

What is the time limit for the Ombudsman to pass an order after receiving a complaint?

<p>Within 30 days (C)</p> Signup and view all the answers

In emergencies involving HIV positive persons, what is the preferred time frame for the Ombudsman to pass an order?

<p>As soon as possible, preferably within 24 hours (D)</p> Signup and view all the answers

Which entities are required to assist the Ombudsman?

<p>All authorities including civil authorities in the area (C)</p> Signup and view all the answers

What may happen if a person fails to provide information when required by the Ombudsman?

<p>They may face penalties under specific sections of the Indian Penal Code (D)</p> Signup and view all the answers

What aspects of healthcare services does the Ombudsman inquire into?

<p>Acts of discrimination related to healthcare services (C)</p> Signup and view all the answers

How are the jurisdictions of the Ombudsman determined?

<p>By notification from the State Government (D)</p> Signup and view all the answers

What is the primary concern addressed regarding Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome?

<p>The need for prevention and control. (D)</p> Signup and view all the answers

What is stated as a necessity in relation to the care and treatment of individuals affected by HIV?

<p>Effective care, support, and treatment. (C)</p> Signup and view all the answers

What rights are emphasized for individuals who are HIV-positive or affected by the disease?

<p>Human rights protection. (B)</p> Signup and view all the answers

Which international entity's efforts are acknowledged in addressing HIV/AIDS?

<p>United Nations General Assembly. (D)</p> Signup and view all the answers

What does the 2017 Act aim to do in India regarding HIV/AIDS?

<p>Establish a framework for prevention and control. (C)</p> Signup and view all the answers

What is one of the key features of the declaration adopted by the United Nations regarding HIV/AIDS?

<p>Enhancing coordination of efforts to combat the virus. (C)</p> Signup and view all the answers

When did the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act become effective?

<p>On a date determined by the Central Government. (D)</p> Signup and view all the answers

What does the term 'effective care, support and treatment' signify in the context of HIV/AIDS?

<p>Comprehensive support for physical and mental health. (B)</p> Signup and view all the answers

What is the Ombudsman required to do after every six months?

<p>Publish a report on the website detailing complaints and actions taken. (C)</p> Signup and view all the answers

What rights do protected persons have in relation to a shared household?

<p>The right to reside and use the facilities without discrimination. (C)</p> Signup and view all the answers

Who is responsible for specifying guidelines for HIV-related information before marriage?

<p>The Central Government. (C)</p> Signup and view all the answers

Which group of individuals is specifically mentioned as having the right to HIV prevention services?

<p>Persons in the care or custody of the State. (A)</p> Signup and view all the answers

What does the term 'shared household' encompass according to the provisions?

<p>Any household where a person has lived in a domestic relationship. (B)</p> Signup and view all the answers

What must the report provided by the Ombudsman include?

<p>Information about the complaints received and actions taken. (B)</p> Signup and view all the answers

What is a necessary component of the rights for individuals in custody regarding HIV?

<p>Access to a non-discriminatory HIV prevention and treatment services. (B)</p> Signup and view all the answers

What aspect does the definition of 'shared household' include?

<p>Households where either person has any right, title, or interest. (D)</p> Signup and view all the answers

What are considered significant-risk body substances?

<p>Blood, breast milk, and cerebrospinal fluid (D)</p> Signup and view all the answers

Which of the following actions does NOT constitute significant-risk for HIV transmission?

<p>Transfusion of tested blood products (B)</p> Signup and view all the answers

Which of the following is a recognized circumstance for significant-risk HIV transmission?

<p>Gestation and childbirth from an HIV-positive mother (D)</p> Signup and view all the answers

What does 'Universal Precautions' refer to?

<p>Measures that prevent exposure to HIV (A)</p> Signup and view all the answers

Which type of exposure is NOT considered significant-risk for HIV transmission?

<p>Human bites with no blood contact (C)</p> Signup and view all the answers

Which body fluid is excluded from significant-risk body substances?

<p>Saliva (C)</p> Signup and view all the answers

What is the role of the State AIDS Control Society?

<p>Implementing programs related to HIV and AIDS (D)</p> Signup and view all the answers

Which of the following is a method included in Universal Precautions?

<p>Use of gloves during procedures (C)</p> Signup and view all the answers

What does significant-risk NOT include?

<p>Non-visible blood exposure (B)</p> Signup and view all the answers

Which scenario presents a significant-risk for HIV transmission?

<p>Receiving untested blood transfusions from an HIV-positive donor (A)</p> Signup and view all the answers

Flashcards

HIV significant-risk circumstances (sexual)

Sexual intercourse (vaginal, anal, or oral) exposing an uninfected person to HIV-positive body fluids (blood, semen, or vaginal secretions).

Significant-risk body substances

Blood, blood products, semen, vaginal secretions, breast milk, tissue and body fluids (like cerebrospinal, amniotic, peritoneal, synovial, pericardial, and pleural).

HIV significant-risk circumstances (drug use)

Sharing needles or drug paraphernalia between HIV-positive and uninfected individuals.

HIV significant-risk circumstances (pregnancy)

Gestation, childbirth, or breastfeeding by an HIV-positive mother.

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HIV significant-risk circumstances (blood/organ)

Blood transfusion or organ/tissue transplant from an HIV-positive person to an uninfected person without proper testing or treatment.

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HIV significant-risk circumstance (other)

Other exposures where body fluids, like semen or blood, of an HIV-positive person come in contact with an uninfected person's mucous membranes, non-intact skin or vascular system.

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Excluded from "significant-risk"

Excludes exposure to urine, feces, sputum, saliva, sweat, tears, vomit (without visible blood); human bites without blood contact; exposure of intact skin to any infected body fluid.

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State AIDS Control Society

The government agency in each state responsible for HIV/AIDS programs.

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State Government (Union Territory)

The administrator appointed by the President for a Union territory.

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Universal Precautions

Control measures (education, training, PPE like gloves/masks, handwashing) that prevent potential disease transmission (like HIV), focusing on safe practices.

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HIV disclosure exceptions

Specific situations where disclosing HIV-related information doesn't require informed consent, such as between healthcare providers, by court order, or for legal proceedings.

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Disclosure to another healthcare provider

A healthcare provider can disclose HIV information to another involved in the patient's care without consent if necessary for treatment.

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Court-ordered HIV disclosure

A court can require the disclosure of HIV information for justice-related reasons.

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HIV disclosure in legal proceedings

HIV information can be disclosed in legal cases when needed for the case.

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Prohibited HIV disclosure to partner

Doctors or counselors cannot disclose a patient's HIV status to their partner, except as explicitly allowed in other cases

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Prohibition of certain acts

No spreading hate speech against protected persons or groups, or any material likely to incite hatred, discrimination, or violence.

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Informed Consent for HIV test

HIV testing requires prior agreement from the person being tested, or their representative.

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Pre- and Post-test Counselling

Essential components of informed consent for HIV testing, involving conversations before and after testing.

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HIV test exceptions

Court orders allow HIV testing if deemed medically necessary to resolve a case.

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Protected persons

Individuals or groups entitled to protection from hate speech and harmful actions.

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Medical treatment consent

All medical procedures and interventions require permission from the patient (or their representative).

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Medical interventions

Procedures like treatments, operations, or medical research require informed consent.

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Representative consent

If a person can't consent themselves, a legal representative can agree to medical procedures.

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Human Immunodeficiency Virus (HIV)

A virus that weakens the immune system, leading to AIDS.

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Acquired Immune Deficiency Syndrome (AIDS)

A condition caused by HIV, resulting in a severely weakened immune system.

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Prevention and Control of HIV/AIDS

Actions taken to stop the spread of HIV and AIDS and manage the condition.

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Human Rights of HIV-positive persons

Protection and upholding of the basic rights for those with HIV.

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Effective Care for HIV/AIDS

Supporting those affected by HIV/AIDS with treatment and resources.

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Protection of Healthcare Providers

Ensuring the safety and rights of those who care for HIV/AIDS patients.

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Declaration of Commitment on HIV/AIDS

A UN agreement to tackle HIV in all aspects.

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Act of Parliament

Specific laws enacted by a nation's legislative body.

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Ombudsman's Jurisdiction

The area(s) where the Ombudsman has the legal power to investigate and resolve complaints, defined by the state government.

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Ombudsman's Complaint Inquiry

The Ombudsman's investigation process, following a complaint made by a person, focusing on discrimination related issues or healthcare services, conducted per state government guidelines.

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Ombudsman's Information Request

The power of the Ombudsman to require information from individuals to aid an investigation in a legal case, with a legal recourse for non-compliance.

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Record Keeping (Ombudsman)

The Ombudsman must maintain records according to the state government's detailed guidelines.

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Complaint Procedure (Ombudsman)

The procedure for filing complaints with the Ombudsman, with the rules established by the state government.

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Ombudsman's Decision Timeframe

The Ombudsman's decision on a complaint must be delivered within 30 days (except for specific medical emergencies where it is faster, or ideally within 24 hours).

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Ombudsman's Order Requirement

Must give valid reasons for their order made on any complaint received.

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Authorities Assisting Ombudsman

All authorities in an area are obliged to help the Ombudsman implement any orders they issue.

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Ombudsman's Reporting

The Ombudsman reports to the State Government every six months on HIV/AIDS-related complaints, actions taken, and orders passed. This information is publicly available on the Ombudsman's website and is also sent to the Central Government.

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Right to Shared Residence

People living with HIV/AIDS have the right to reside in, not be excluded from, and enjoy the shared facilities of a household, regardless of ownership or legal status within the household.

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HIV-related Information Before Marriage

The Central Government sets guidelines for providing HIV-related information, education, and communication before marriage, ensuring its widespread dissemination.

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HIV Services in State Custody

Individuals in the care or custody of the State, including prisoners, detainees, and those under the Juvenile Justice Act, have the right to access HIV prevention, counseling, testing, and treatment.

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Who are 'Persons in Care or Custody of the State'?

This term includes individuals convicted of crimes, awaiting trial, detained under preventive laws, and those under the care of the state under the Juvenile Justice Act or the Immoral Traffic Prevention Act.

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Central Government's Role

The Central Government sets guidelines for HIV-related information, education, and communication, especially before marriage. It also ensures the implementation of these policies.

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Study Notes

The Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (Prevention and Control) Act, 2017

  • Act's Purpose: To prevent and control the spread of HIV and AIDS, protect the human rights of affected individuals, and provide effective care, support, and treatment.
  • AIDS Definition: Acquired Immune Deficiency Syndrome, a condition characterized by a combination of signs and symptoms caused by HIV.
  • HIV Definition: Human Immunodeficiency Virus, which weakens the body's immune system.
  • HIV-Positive Person: A person whose HIV test has been confirmed positive.
  • Protected Person: Individuals who are HIV-positive, or live with an HIV-positive individual, or previously lived with an HIV-positive individual; essentially those vulnerable to the virus and syndrome.
  • Discrimination: Any act or omission that directly or indirectly imposes burdens, obligations, or disadvantages on individuals based on HIV-related grounds.
  • Reasonable Accommodation: Minor adjustments to a job or work tasks that allow HIV-positive individuals to perform essential functions while qualified.
  • Healthcare Provider: Individuals whose profession involves maintaining another person's health (doctors, nurses, etc.).
  • Domestic Relationship: A relationship as defined under the Protection of Women from Domestic Violence Act, 2005.
  • Child Affected by HIV: A person below 18 who is HIV-positive, whose parent is HIV-positive, or who has lost a parent due to AIDS.
  • Informed Consent: Consent given voluntarily by an individual understanding the nature and consequences after complete information.
  • HIV Test: Any test to determine the presence of HIV antibodies or antigens.
  • Significant-Risk: Situations where unprotected contact with bodily fluids or sharing needles may transmit HIV.
  • State AIDS Control Society: The agency for implementing the HIV/AIDS program in a State.
  • State Government: In Union Territories, the Administrator appointed by the President of India.
  • Universal Precautions and Safe Practices: Methods for reducing HIV transmission risk.
  • Safe Working Environment: Policies to ensure safe conditions for healthcare workers and other individuals at risk of exposure to HIV.
  • Establishment (in context of the Act): Includes bodies corporate, cooperative societies, organizations, institutions, partnerships, etc.
  • Notifiable Diseases: HIV and AIDS-related conditions that may require reporting.
  • Confidentiality of HIV-related information, including testing results, treatment, and research (with some exceptions outlined in the act).
  • Protection of Property Rights of Children affected by HIV: The Act addresses the safeguarding of assets belonging to these children.
  • Welfare Schemes: The Central and State Governments are required to establish programs to help support those affected by HIV/AIDS.
  • HIV and AIDS-related Education: The Act aims to promote information, education, and communication initiatives concerning HIV and AIDS, tailored to the specific needs of different populations.
  • Rights of HIV-positive Individuals: The Act emphasizes the rights of people living with HIV to receive care, support, and treatment.
  • HIV-positive Individuals and Pregnancy: Guidelines provided for care and support during pregnancy and childbirth
  • Obligations for Establishments: Guidelines established in regard to the safety of workers and the precautions to be undertaken in case of any exposure hazards.
  • Ombudsman: An officer of the State Government appointed to investigate complaints of discrimination relating to HIV and AIDS.
  • Living Wills: The act allows for the designation of guardians for children affected by HIV/AIDS via a will.
  • Procedure in Court: Specific procedures are laid out for dealing with cases relating to HIV and AIDS in legal proceedings and for protecting the privacy rights of parties.
  • Penalties: Penalties outlined for violations regarding discrimination or failure to comply with rules within the Act, including potential imprisonment and fines.

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