HIV testing becomes Compulsory

You have only one option under the imminent public health dispensation. Tell your partner or family about your HIV status or risk your doctor doing so on your behalf. Well, it is now official. The next time you visit your dentist to remove a troublesome tooth he will test you for HIV without your consent. The procedure is called routine HIV testing, and it is courtesy of the Public Health Bill, which is now at committee stage and only a few clauses away from becoming a law, probably by Thursday.

Once a law, it will empower medical practitioners to do compulsory HIV tests without a patient’s consent. Botswana Democratic Party legislators on Wednesday lent the Bill overwhelming support, drowning the few opposition naysayers. Members of Parliament Isaac Mabiletsa, Nehemiah Modubule, Tawana Moremi and Gilbert Mangole tried in vain to have offending clauses removed but Health minister, Dr. John Seakgosing with the help of Education minister Pelonomi Venson-Moitoi ensured that the amendments proposed did not see the day light.

“We would not be doing justice to ourselves as a house by passing this law,” objected Modubule to a resolute BDP MPs. According to the proposed law “routine HIV testing may be offered to any person in accordance with the procedures or guidelines issued by the Director (Health Services) for the purpose of facilitating access to health related programmes and services.” Clause 104 (3)(b) empowers the Director, or any person authorised by him or her, to, where necessary and reasonable, require a person or a category of persons to undergo an HIV test.

Clause 109 empowers medical practitioners, nurses or dentists to require a patient to test for HIV before any surgical or dental procedure is done on the patient. Botswana Network on Ethics, Law and HIV/AIDS (BONELA) is planning to challenge the law before the courts. “We are waiting for the law to effect then we will challenge some of its provisions on the basis that they are unconstitutional,” said BONELLA Director Uyapo Ndadi in an interview. He said the law infringes on the right to privacy.