Section 9: HIV testing

(1)
No employer, institution, body or individual shall require an HIV test as a precondition to an offer of employment, access to public or private services or opportunities, except where it is shown, on the certification of two competent medical authorities (working independently)to the Court,that failure to take such a test constitutes a clear and present danger of HIV transmission to others.
(2)
No educational institution shall require HIV testing as part of its routine medical testing requirements for admission or accreditation of learners.
(3)
For the purpose of subsection (1) of this section, the compilation of the list of competent medical authorities shall be the responsibility of the Ministry of Health.
(4)
HIV testing under this section shall be carried out with the informed and full consent of the person concerned, in accordance with national guidelines on confidentiality and counselling.
(5)
Nothing in subsection (1) of this section shall prevent the medical testing of persons for fitness for work and any other responsibility as a precondition for an offer of employment and any other responsibility as provided in any existing law.