Hiding information faces criminal liability for the deliberate supply of the person in danger of infection with HIV infection and the infection of HIV infection provided for Art. 122 of the Criminal Code of the Russian Federation.

But, Article 17. Federal Law of March 30, 1995 N 38-FZ "On the prevention of dissemination in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection) prescribes: dismissal from work, refusal to accept work, Refusal to accept in organizations engaged in educational activities, and medical organizations, as well as limiting other rights and legitimate interests of HIV-infected ones on the basis of their HIV infection, as well as limiting housing and other rights and legitimate interests of family members of HIV-infected Unless otherwise provided by this Federal Law.

Paragraph 7.7. Resolutions of the Chief State Sanitary Doctor of the Russian Federation of January 11, 2011 N 1 "On Approval of the SP 3.1.5.2826-10" HIV Prevention "prescribes: the provision of information on the diagnosis of HIV infection without the consent of a citizen or its legal representative is allowed in cases provided for in cases The legislation of the Russian Federation:

For the purpose of examining and treating a citizen who is not able to express their will due to its state;
- in the threat of the spread of infectious diseases, mass poisoning and lesions;
- at the request of the inquiry and investigation authorities, the prosecutor and the court in connection with the investigation or judicial proceedings;
- at the request of military commissariants or military medical services;
- in case of providing assistance to a minor under the age of 18 to inform his parents or legal representatives;
- In the presence of grounds, allowing to believe that harm to the health of a citizen is caused by opposing actions.
With the written consent of a citizen or his legal representative, the transfer of information constituting a medical secret, other citizens, including officials, in the interests of examining and treating the patient, for research, publication in the scientific literature, the use of these information in the educational process and in Other purposes.

If only someone from the employer employees distribute this information, then in accordance with Art. 137 of the Criminal Code, the illegal picking up or dissemination of information on the privacy of the person who makes his personal or family secret, without his consent or the dissemination of this information in a public speech, publicly demonstrating the work or media will be a criminal act.

Therefore, you do not need to dismiss, because by itself "in relation

hIV infection is currently recognized that the presence of
this person should not be considered as a condition that creates a threat to
public health, since human immunodeficiency virus, although it is
infectious, is transmitted not as a result of the presence of an infected person in
country or with accidental contact through air or general media, such as
food or water, and through specific contacts that are almost always
private (statement by the United Nations HIV / AIDS Program and the International Organization for Migration On Restrictions on HIV / AIDS Restrictions, adopted in June 2004). (Resolution of the Constitutional Court of the Russian Federation of March 12, 2015 N 4-P " In the case of verification of the constitutionality of the provisions of part of the fourth article 25.10 of the Federal Law "On the procedure for departure from the Russian Federation and

entry into the Russian Federation ", subparagraph 13 of paragraph 1 of Article 7
Federal Law "On the Legal State of Foreign Citizens in the Russian
Federation "and paragraph 2 of Article 11 of the Federal Law" On Prevention
distribution in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection) in connection with the complaints of a number of citizens ")

In order to carry out the dispensary of the population, changes were made, according to which the doctor during the passage of a citizen of closerization is obliged to propose to undergo free testing for HIV infection.

This was told by the Minister of Health of the Russian Federation Veronika Skvortsova September 11 at the opening ceremony of the Moscow stage of the All-Russian action for free anonymous express testing for HIV infection.

"As a whole complex of preventive measures, and HIV testing is always voluntary, with the exception of those professional groups that must regularly pass it," the minister clarified.

The department prepared the necessary changes to the rules for the disposal of the adult population. If the changes will be taken, the duties of paramedics and precinct therapists will be replenished with a new item. They will be obliged to inform everyone who came to them into dispensarization, about the possibility (and extreme desirability) to pass the HIV test.

The innovation will affect citizens aged 21 to 48 years. At the same time, the doctor will have to supply the patient with the address of the address clinics and laboratories, where the study can be interconnected.

As noted in the Ministry of Health, the innovation is associated with a disappointing situation with the number of HIV-infected in different regions of the country. At the same time, people often do not even know where it is possible to pass blood for analysis. In addition, according to officials, for many patients is the discovery that the result of the test can be completely anonymous. According to the current rules, HIV tests in the work plan are not included.

The Ministry of Health did not include a HIV test in the clinic examination program in 2017. The reason may wage both in the lack of financing and in the ethical plane, experts believe

Optional and anonymous

The Ministry of Health has developed changes in the adult rechasery program, follows from the amendments posted on the site disclosure of legal information. The document did not include free testing for HIV infection. In September 2016, Russian Health Minister Veronika Skvortsov promised that such testing would be included in the clinistering program since 2017.

If the amendments are accepted, then since the next year, the therapists will be required to report to all citizens aged from 21 to 48 years, passing dispensarization, the possibility of making an anonymous HIV test in specialized medical institutions. Consultations should attach a list of addresses where such analyzes are held.

Cash on the expansion of the program of the Ministry of Health planned to obtain due to the refusal of ineffective research. The Ministry of Health did not explain the RBC reasons for the inclusion of HIV test to the mandatory program.

The agency refused to test for HIV within the framework of cliserization due to lack of funds, members of the State Duma Committee on Fedot Tumulov and Alexander Petrov believed. With them agreements the coordinator of the Motion "Patient Control" Andrei Skvortsov.

The government is not the first time the funds to fight HIV infection in the federal budget. So, on November 15, a special due to lack of funding decided not to add new drugs against HIV to the list of vital medicines. As the director of the Department of Medicinal Services of the Ministry of Health of Elena Maksimkin, in 2016, 20.8 billion rubles were spent on purchasing drugs for HIV. At the same time, on all purposes associated with the prevention and treatment of HIV and viral hepatitis B and C, in 2017 17.8 billion rubles are given., In 2018 - 17.5 billion rubles, in 2019 - 17.1 billion rub.

Mandatory and unethical

Another reason why free analysis could not be included in the clinicalization program is legal: now the test is only voluntarily, explains the Tumuses. Testing within the framework of the clinicalization should be mandatory, I am sure the deputy from "Fair Russia", but first it is necessary to explain to the population, why it is necessary. Already now you can observe the positive experience of Yekaterinburg, where, after reporting the informal epidemic, HIV began mass testing for an infection, tumulov says.

Testing can be included in the clinic program, if doctors in district polyclinics and non-specialized hospitals will be more informed about the features of HIV infection and the methods of its distribution, the scurvarians consider. "Often infected are faced with the refusal of medical staff from the necessary medical intervention and other forms of discrimination," he notes. Also, the doctor of ordinary polyclinic is often not able to conduct a dotesting and post-advising counseling, which will be required when introducing compulsory testing into the program of the clinic, believes.

This is also connected with the fact that now patients are often refused to test under the Voluntary Medical Insurance Program, the Chairman of the Regional Charitable Public Foundation with AIDS "Steps" Igor Pchele is confident. This is explained by the fact that physicians may not comply with the medical secret and the diagnosis can be known to colleagues, neighbors and friends infected.

In terms of sufficient funding in 2020, the Government plans to check 35% of citizens annually on HIV, indicated the spread of infection. From the draft strategy, it follows that such financing should be an additional 3.2 billion rubles. yearly. This amount is necessary for the survey of additional 20 million citizens at the price of one test of 150 rubles. Whether funds will be allocated, it is currently unknown. In 2015, HIV testing coverage was about 30 million people, or 19.3% of the population.

Is HIV-infected employee work as a cook in an educational institution? Because In our dining room, juvenile students and children of preschool age eat.

What are the actions of the employer, if a HIV worker?

Question

Is HIV-infected employee work as a cook in an educational institution? Because In our dining room, juvenile students and children of preschool age eat.

Answer

The answer to the question:

Decree of the Government of the Russian Federation of 01.12.2004 No. 715 disease caused by a human immunodeficiency virus (HIV) is included in the list of socially significant diseases and a list of diseases that are dangerous to others.

In accordance with Art. 5 of the Federal Law of 03/30/1995 No. 38‑ FZ "On the prevention of distribution in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)" (hereinafter - Law No. 38‑ The Federal Law) HIV-infected citizens of the Russian Federation have all rights and freedoms on its territory and carry duties in accordance with the Russian Constitution, the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The rights and freedoms of citizens of the Russian Federation may be limited in connection with the presence of HIV infection only by federal law.

In accordance with Art. 17 of Law No. 38‑ FZ is not allowed to dismiss from work, refusal to accept work, refusal to admit to educational institutions and institutions that provide medical care, as well as the restriction of other rights and legitimate interests of HIV-infected ones on the basis of the presence of HIV infection, as well as limit The rights and legitimate interests of family members of HIV-infected people, unless otherwise provided by law No. 38- FZ.

Thus, as a general rule, refusal to accept work, dismissal from work only due to the presence of a citizen (employee) HIV infection is not allowed.

Meanwhile, the occupation of individual posts (occupations) is incompatible with the presence of HIV-infection from an employee. Thus, employees of individual professions, industries, enterprises, institutions and organizations, the list of which is approved by the Russian government of the Russian Federation by the federal authority of the executive power, are obliged to undergo a mandatory medical examination to identify HIV infection during compulsory preliminary during admission to work and periodic medical examinations. Currently, such a list approved by the Decree of the Government of the Russian Federation of September 4, 1995 No. 877. In addition, Sanitary and Epidemiological Rules of the SP 3.1.5.2826‑ 10 The list of such professions was clarified and supplemented. Taking into account this, the following employees are subject to compulsory medical examination for the detection of HIV infection during receipt of work and at periodic medical examinations:

Doctors, Middle and Junior Medical Personnel of AIDS Prevention and Fighting Centers, Health Agencies, Specialized Departments and Structural Units of Health Agencies, occupied by direct survey, diagnosis, treatment, service, as well as conducting forensic examination and other work with persons infected virus of human immunodeficiency having direct contact with them;

Doctors, medium and junior medical personnel of laboratories (groups of laboratories personnel), which survey the population on HIV infection and the study of blood and biological materials obtained from individuals infected by the human immunodeficiency virus;

Scientific workers, specialists, employees and workers research institutions, enterprises (industries) for the manufacture of medical immunobiological drugs and other organizations whose work is related to the materials containing the human immunodeficiency virus;

Medical professionals in hospitals (branches) of the surgical profile upon admission to work and in the future 1 time per year;

Persons passing military service and entering military schools and military service on call and contract, when calling for an urgent military service, upon admission to the contract under the contract, when entering military universities of ministries and departments establishing restrictions on receiving persons with HIV infection;

Foreign citizens and stateless persons when applying for a permit for citizenship, or a residence permit, or permission to work in the Russian Federation, at the entrance to the territory of foreign citizens for more than 3 months.

The list of specific posts and professions of workers (from among those listed in the list) is determined by the head of the institution, enterprise, organization.

The educational institution in this list is not specified, as well as employees of the catering. However, it is advisable to consult with a professional professor who conducts inspections.

In case, when passing a preliminary medical examination by the person applying to a position or profession provided for in the relevant lists, HIV infection will be detected, the refusal to conclude an employment contract will be legitimate. The refusal will be legitimate and then when the employee applying for a position (profession) of which suggests the passage of the survey on the identification of HIV infection refuses to pass a medical examination.

If the employee refuses from the mandatory medical examination, the employer is obliged to immediately remove it from work on the basis of Part 1 of Art. 76 of the Labor Code of the Russian Federation (hereinafter referred to as the TC RF) before the survey is passing. In the period of removal from work (preventing operation), the salary of such an employee is not charged. The passage of a periodic medical examination for these employees is a duty, so if an employee refuses to undergo a mandatory periodic medical examination (including on the identification of HIV infection) without good reasons, it can be attracted to disciplinary responsibility. This means that with an employee, under certain circumstances, the employment contract may be terminated according to paragraph 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation (for repeated non-fulfillment by the employee without valid causes of labor duties, if it has a disciplinary penalty).

When identifying HIV infection with an employee holding a position provided for by the relevant list, it is subject to translation (on an ongoing basis) to another employer available to the employer, excluding the conditions for the spread of HIV infection. At the same time, the employee must give written consent to such a translation. In the event of a failure of the employee from the translation or the absence of an appropriate work at the employer, the employment contract is terminated in accordance with paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation (the worker's refusal from the translation to another work required by him in accordance with the medical conclusion).

The need to transfer to another work in connection with the identification of HIV infection is not always associated with the occupation of the post (profession) provided for by the Special List. Such a need may simply arise due to the fact that the disease leads to the loss of working capacity (the employee is not able to fulfill its labor functions due to the development of the disease) up to the recognition of its disabled. The medical and social expert commission in this case establishes a group of disability, determines the measures of social protection and provides recommendations for further work. And if the employee refuses such a translation or the employer will not refuse the relevant work, the employment contract is terminated with it in accordance with paragraph 8 of Part 1 of Art. 77 TK RF.

The situation is not excluded when at a certain stage of the disease, the employee can be recognized in fully incapable of work in accordance with the medical conclusion issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. In this case, the dismissal is made in circumstances that do not depend on the will of the Parties - paragraph 5 of Part 1 of Art. 83 TK RF.

Details in the framework of the personnel system:

Regulatory framework

Government of the Russian Federation

Decision

On approval of the list of employees of individual

Professions, industries, enterprises, institutions

And organizations that undergo compulsory medical

Examination to identify HIV infection at

Carrying out mandatory preliminary

Admission to work and periodic

Medical examinations

In accordance with Article 9 of the Federal Law "On the prevention of the dissemination in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)" (Meeting of the legislation of the Russian Federation, 1995, N 14, Article 1212) The Government of the Russian Federation decides:

To approve the attached list of employees of individual professions, industries, enterprises, institutions and organizations that undergo compulsory medical examination to identify HIV infection during compulsory preliminary during admission to work and periodic medical examinations.

Chairman of the government

Russian Federation

V. Chernomyrdin

Approved

Decree of Government

Russian Federation

SCROLL

Employees of individual professions, industries,

Enterprises, institutions and organizations that pass

Mandatory Medical Examination for

Detecting HIV infection during compulsory

Preliminary when entering work and

Periodic medical examinations

1. The following employees are subject to compulsory medical examination to identify HIV infection when entering work and at periodic medical examinations:

a) doctors, medium and junior medical personnel in the prevention and control of AIDS, health institutions, specialized branches and structural units of health institutions engaged in direct survey, diagnosis, treatment, service, as well as conducting forensic examination and other work with persons , infected human immunodeficiency virus with direct contact with them;

b) doctors, medium and junior medical personnel of laboratories (groups of laboratories), which survey the population on HIV infection and the study of blood and biological materials obtained from persons infected with the human immunodeficiency virus;

c) researchers, specialists, employees and workshops research institutions, enterprises (industries) for the manufacture of medical immunobiological drugs and other organizations whose work is related to the materials containing the human immunodeficiency virus.

2. The list of specific posts and professions of workers listed in paragraph 1 is determined by the head of the institution, enterprise, organization.

The purpose of dispensary monitoring of HIV-infected patients is to provide timely medical care, including psychological support. Since patients may not always detect the manifestations of disease or psychological problems, it is advisable to carry out their active identification through periodic examinations. Thus, the goal of the planned survey of HIV-infected in the period of dispensary observation is the timely identification of the threat of disease progression and the appointment of appropriate treatment.

According to current legislation, the patient survey in the framework of the dispensary observation should be carried out with its voluntary informed consent. An active invitation of HIV-infected people is recommended for periodic examinations, this should not be violated their right to refuse to surveys and treatment, as well as the right to be observed in a medical institution on their own choice.

When primary examination is carried out:

Inspection of the attending physician (counseling, collection of anamnesis, full physical examination).

Registration of secondary diseases, their dynamics, flow.

Registration of accompanying diseases.

Evaluation of the quality of life on the Karnovsky scale (see Appendix No. 2).

Radiography of the chest (if not carried out during the last 6 months).

Ultrasound examination (ultrasound) abdominal organs (liver, pancreas) and kidneys.

Consultation of the eyepiece (eye bottom).

Consultation of otorinolaryngologist (hearing study).

Consultation of the neuropathologist.

Consultation dentist.

In women - consultation of the gynecologist.

Research of serum or blood plasma on antibodies to HIV methods of solid-phase immunoassay analysis (IFA). (When receiving a positive result, the re-examination in the immune blot reaction is carried out only if this study was not conducted or doubted).

General blood test (hemoglobin, hematocrit, platelets, erythrocytes, leukocytes, leukocyte formula, SE).

Biochemical blood test (creatinine, urea, alanine aminotransferase - ALT, asparagic aminotransferase - Act, alkaline phosphatase - SFF, lactate dehydrogenase - LDH, bilirubin and its fractions, creatinine phosphocainase - KFK, amylase or lipase, glucose).

General urine analysis.

Research on markers of viral hepatitis B and S.

Serological study on syphilis markers.

Immunological examination (determining CD4 and CD8-lymphocytes using flow cytometry, monoclonal antibodies).

Determining the level of RNA HIV in the blood (if such an opportunity is available).

Consultations of specialists may not be conducted if the appropriate examination qualified performed the attending physician. At the discretion of the attending physician if there are additional readings, other studies can be conducted. If a HIV infection in stage 4B is installed, or the CD4 cell level of less than 0.2x10 9 / l is revealed, it is recommended to conduct a brain study by computer tomography (CT) or nuclear magnetic resonance (NMR).

In the future, repeated planned surveys are held, the purpose of which is the timely detection of indications for the beginning of anti-arrest therapy, and if it is already carried out, for its correction.

Planned surveys of patients in stage 3 (latent) are carried out once every 6 months, and patients in the later stages of HIV infection -1 every 3 months.

If it is known that the level of CD4 lymphocytes is less than 0.5x10 9 / l, scheduled surveys are held 1 time in 3 months.

In terms of its volume, repeated planned surveys are somewhat different from the primary one. These are not conducted on antibodies to HIV, consultation of narrow specialists, with the exception of the dentist, the oculist and the neuropathologist, are carried out only if there are evidence, the study on markers of viral hepatitis B and C and Syphilis is carried out once every 24 weeks. The volume of the planned re-examination also depends on the stage of the disease and, if it is known, the level of CD4 cells. In patients in stage 3 at the level of CD4\u003e 0.5x10 9 / l or unknown, as well as in patients in stage 4a with the level of CD4\u003e 0.5x10 9 / l, the radiography of the chest organs and the ultrasound of the abdominal organs are carried out 1 time per year (48 weeks), in other cases they are held 2 times a year (1 time in 24 weeks). Consultations of the neuropathologist and the oculist are carried out in these patients once every 24 weeks, in other cases 1 time in 12 weeks.

If there are additional epidemiological and clinical indications, indicating the presence of secondary or accompanying diseases, for the diagnosis of which the volume of planned survey is insufficient, additional research may be carried out by decision of the attending physician.