MT-Laws HIV/AIDS Part 4

False/misleading advertising and claims of drugs, devices, agents, or procedures claiming to be a cure or a fail-safe prophylactic

Misinformation

Scenario (Under Penalties):

A company advertises a herbal supplement claiming it can completely cure HIV, misleading people into buying it instead of seeking proper medical treatment.

Misinformation

Scenario (Under Penalties):

A company requires all employees to take an HIV test before hiring them without informing them of their rights or obtaining their consent.

Compelling Someone to Undergo HIV Testing Without Consent

Scenario (Under Penalties):

A healthcare worker knowingly uses contaminated blood for a transfusion, resulting in a patient's HIV infection.

Knowingly or Negligently Causing Another to Get Infected with HIV in the Course of Professional Practice

Scenario (Under Penalties):

A Janitor in a hospital leaks a patient's HIV status online, exposing them to discrimination.

Breach of Confidentiality

Scenario (Under Penalties):

A doctor discloses a patient’s HIV status to their employer without consent.

Breach of Confidentiality by a Health Professional or Custodian

Scenario (Under Penalties):

A company fires an employee after learning they are HIV-positive, despite their ability to perform the job.

Violation Based on Discriminatory Acts and Policies

Scenario (Under Penalties):

A former partner of an HIV-positive person exposes their status to the public out of revenge, causing them to be ostracized.

Misuse of Confidential HIV and AIDS Information to Malign or Harm Someone

Violating the Penalty: Knowingly or negligently causes another to get infected with HIV in the course of the practice of profession, can lead to what punishment?

6-12 years imprisonment (may include suspension or revocation of professional licenses and cancellation or withdrawal of business permits)

Under Penalties, if the suspect is an “alien” what happens?

If alien: deportation after serving the penalties

Under Penalties, if the suspect is a government employee or public official what happens?

If government employee or public official: perpetual or temporary absolute disqualification from office

What happens to collected penalties?

Collected penalties: put into a special fund administered by PNAC