Law library · Sierra Leone · The Prevention and Control of Hiv and Aids Act, 2007
Section 21, The Prevention and Control of Hiv and Aids Act, 2007
Status not yet checkedThe Prevention and Control of Hiv and Aids Act, 2007, Sierra Leone
(1) A person who is and who is aware of being infectedwith HIV or is carrying and is aware of carrying the virus shall–
(a) take all reasonable measures and precautions
to prevent the transmission of HIV to others
and in the case of a pregnant woman, the
foetus; and
(b) inform, in advance, any sexual contact or
person with whom needles are shared, of that
fact.
(2) Any person who is and is aware of being infected
with HIV or is carrying and is aware of carrying HIV antibodies shall
not knowingly or recklessly place another person, and in the case of
a pregnant women, the foetus, at risk of becoming infected with HIV,
unless that other person knew that fact and voluntarily accepted the
risk of being infected with HIV.
(3) Any person who contravenes subsection (1) or (2)
commits an offence and is liable on conviction to a fine not exceeding
five million leones or to a term of imprisonment not exceeding seven
years or to both the fine and imprisonment.
(4) A person referred to in subsection (1) or (2) may
request any medical practitioner or any other person approved by
the Minister under section 13, to inform and counsel a sexual partner
of the HIV status of the person.
(5) A request under subsection (4) shall be in the
prescribed form.
(6) On receipt of a request made under subsection (4),
the medical practitioner or approved person shall, whenever possible,
comply with the request in person.
(7) A medical practitioner who is responsible for the
treatment of a person and who becomes aware that the person has
not, after reasonable opportunity to do so–
(a) complied with subsection (1) or (2); or
(b) made a request under subsection (4),
may inform any sexual partner of that person, of the HIV status of
that person.
(8) Any medical practitioner or approved person who
informs a sexual partner as provided in subsection (6) or (7) shall not,
by reason only of that action, be in breach of this Act.
PART VI–MONITORING OF PREVALENCE OF HIV
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