EL SALVADOR. Decree No. 53 of 25 May 1993 promulgating Regulations for the investigation, prevention, and control of acquired immune deficiency syndrome (AIDS). (Diario Oficial, No. 230, 9 July 1993, pp. 35-44, as summarized in International Digest of Health Legislation, Vol. 45, No. 3, 1994, pp. 304-305.)

Sec. 2 of these Regulations, which have been made in pursuance of, inter alia, the Health Code promulgated by Decree No. 955 of 11 May 1988 provides for the establishment, under the Ministry of Public Health and Social Welfare, of the National Commission for the Prevention and Control of AIDS (CONASIDA). Sec. 3 indicates the composition of the Commission, which is to include representatives of, inter alia, the Higher Council on Public Health, the Ministry of Justice, and the Salvadorian Red Cross. Under Sec. 4, the Commission is to develop activities concerning: (a) the planning, coordination, and promotion of measures aimed at the prevention and control of HIV infection; (b) epidemiological surveillance and investigation, with a view to reducing morbidity; (c) the qualifications of health personnel, professionals, and other persons involved in the prevention and treatment of AIDS; (d) health information, communication, and education with regard to risk factors; (e) the provision of services within AIDS prevention and control programmes, based on the results of epidemiological investigations; (f) the control and surveillance of blood banks and blood collection centres; (g) the proposal of new laws, regulations, or instructions, or amendments thereto, in order to ensure effective AIDS prevention and control; (h) applications for, and receipt and administration of, national and international financing, subject to appraisal and control on the part of the entities concerned; and (i) the conclusion of contracts and agreements with national and international entities.

Under Sec. 5, the activities covered by these Regulations are to be carried out on the basis of the following ethical/legal principles: autonomy; confidentiality; health law; and non-discrimination. Secs. 6-12 deal with procedural and structural matters.

Under Sec. 13, seropositive persons and persons with AIDS are to comply with specific rules prescribed by the health personnel concerned and/or the commission, in order to prevent the spread of infection to other members of the community. Sec. 14 lays down that public and private blood banks and blood collection centres are to promote altruistic blood donation, and are to use techniques and procedures approved by the Ministry in order to test for antibodies to HIV; transfusions may not be performed unless the results are negative. Sec. 16 prescribes that, if HIV-infected patients or patients with AIDS do not comply with sexual abstinence or prevention measures, the Commission is to inform the Ministry of the situation with a view to taking appropriate legal measures to prevent the spread of AIDS. Under Sec. 17, natural or legal persons who advertise or promise curative treatments that have not been scientifically verified or approved by the competent health authorities are liable to sanctions in accordance with the appropriate legislation. Sec. 18 prescribes routine pre-operative HIV testing in surgical patients, except in emergencies when tests are to be performed post-operatively. A physician may recommend HIV testing of a patient whenever he considers it appropriate. Sec. 19 lays down that public and private health clinics are to carry out HIV testing during pregnancy, parturition, or puerperium, subject to the patient's prior consent. Secs. 21-22 and 23 deal with the obligations of, respectively, educational establishments and the mass communications media with regard to the dissemination of information. Under Sec. 24, personnel involved in AIDS prevention and control are to possess the appropriate technical and scientific qualifications, and are to participate in continuing training programmes.