ESIC Issues Directions For Compliance With The HIV Act

In pursuance of the Supreme Court decision in CPL Ashish Kumar Chauhan Retd. V. Commanding Officer and Ors. Civil Appeal No.(s) 7175 of 2021 directing the central and state governments to ensure strict compliance with the HIV and AIDS (Prevention and Control) Act, 2017 (the “HIV Act”), the ESIC has issued directions dated May 27, 2024 to all ESIC medical colleges and hospitals and ESIS hospitals to ensure provisions of treatment, diagnostic facilities, anti-retroviral therapy and opportunistic infection management to people living with HIV or AIDS.

All the ESIC & ESIS hospitals to ensure that the personnel with significant risk of occupational exposure to HIV, for the purpose of ensuring safe working environment, shall (i) provide, in accordance with the guidelines, firstly, universal precautions to all persons working in such establishment who may be occupationally exposed to HIV; and secondly training for the use of such universal precautions; thirdly post exposure prophylaxis to all persons working in such establishment who may be occupationally exposed to HIV or AIDS; and (ii) inform and educate all persons working in the establishment of the availability of universal precautions and post exposure prophylaxis.

The hospitals to designate a Complaint Officer who shall dispose of the complaint on the violation of the HIV Act. The hospital may also devise SOP to deal with such complaints per the provision of the HIV Act.