Section 46
Guidelines.
About this Act
An Act to provide for the prevention and control of the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome and for the protection of human rights of persons affected by the said virus and syndrome and for matters connected therewith or incidental thereto.
(1) The Central Government may, by notification, make guidelines consistent with
this Act and any rules thereunder, generally to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such guidelines may provide for all or any of the following matters, namely:—
(a) information relating to risk and benefits or alternatives to the proposed intervention under clause (n) of section 2;
(b) the manner of obtaining the informed consent under sub-section (1) and the manner of pre test and post test counselling under sub-section (2) of section 5;
(c) guidelines to be followed by a testing or diagnostic centre or pathology laboratory or blood bank for HIV test under section 7;
(d) the manner of taking data protection measures under section 11;
(e) guidelines in respect of protocols for HIV/AIDS relating to Anti-retroviral Therapy and Opportunistic Infections Management under sub-section (2) of section 14;
(f) care, support and treatment of children infected with HIV or AIDS under sub-section (1) of section 18;
(g) guidelines for Universal Precautions and post exposure prophylaxis under section 19;
(h) manner of carrying out the strategy or mechanism or technique for reduction of risk of HIV transmission under section 22;
(i) manner of implementation of a drugs substitution, drug maintenance and needle and syringe exchange programme under section 22;
(j) provision of HIV-related information, education and communication before marriage under section 30;
(k) manner of HIV or AIDS prevention, counselling, testing and treatment of persons in custody under section 31;
(l) any other matter which ought to be specified in guidelines for the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such guidelines may provide for all or any of the following matters, namely:—
(a) information relating to risk and benefits or alternatives to the proposed intervention under clause (n) of section 2;
(b) the manner of obtaining the informed consent under sub-section (1) and the manner of pre test and post test counselling under sub-section (2) of section 5;
(c) guidelines to be followed by a testing or diagnostic centre or pathology laboratory or blood bank for HIV test under section 7;
(d) the manner of taking data protection measures under section 11;
(e) guidelines in respect of protocols for HIV/AIDS relating to Anti-retroviral Therapy and Opportunistic Infections Management under sub-section (2) of section 14;
(f) care, support and treatment of children infected with HIV or AIDS under sub-section (1) of section 18;
(g) guidelines for Universal Precautions and post exposure prophylaxis under section 19;
(h) manner of carrying out the strategy or mechanism or technique for reduction of risk of HIV transmission under section 22;
(i) manner of implementation of a drugs substitution, drug maintenance and needle and syringe exchange programme under section 22;
(j) provision of HIV-related information, education and communication before marriage under section 30;
(k) manner of HIV or AIDS prevention, counselling, testing and treatment of persons in custody under section 31;
(l) any other matter which ought to be specified in guidelines for the purposes of this Act.