The NEWS (Monrovia)
Jimmey C. Fahngon
4 September 2008
Monrovia — The House of Representatives Tuesday passed the Anti-HIV/AIDS law in which it stressed confidentiality of people living with the deadly disease.
The Act which has been sent to the Senate for concurrence stipulates that it is unlawful for any person to disclose to a third party the result of an individual's HIV test without the prior consent of that individual.
It is also unlawful for medical or other support staff in health facilities, recruitment agencies, insurance companies, computer operators or any person who have access to patient medical records or results of anyone infested with the disease to disclose such information, the Act further stipulates.
It also maintains that no one other than the person living with the virus can have access to such confidential information except in legal cases carried out under legal norms without violating the anonymity guaranteed by law.
According to the Act, violation of the provisions of confidentially herein shall be punishable by a fine of not less than L$1,000 to be imposed by the Ministry of Health as well as the suspension and revocation of the person's professional license or operating permit for a period of not less than one year.
The Act further states that People Living With HIV/AIDS (PLWHA) shall have the right to institute civil action for relief and or damages before a court of competent jurisdiction against any medical personnel and or institutions for the unauthorized disclosure of confidential information.
However, the Act said whosoever through clumsiness, negligence, carelessness or recklessness infects another person with the virus in the fulfillment of his or her profession shall be tried for offense under the Penal Law of Liberia.
It further notes that if the offense is committed by a hospital, institution or clinic, it shall be fined an amount of not less than L$10,000 by the Ministry of Health, while the infected person shall have the right to institute civil action for relief and or damages before a court of competent jurisdiction.
The Act also indicates that it would be considered a crime for any person (s) to willfully transmit HIV to another person or continue to have unprotected sex with his or her spouse or sexual partner knowing the positive result of his or her status.
Rep. Alomiza Ennos-Barr who introduced the Act on the House's floor said the passage of the Act by the House of Representatives is a dawn of a new day for people living with the virus.
She said the Act seeks to protect people living with AIDS and those who do not have the virus.
Alomiza Ennos-Barr the brain behind the act
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