Section 4: HIV testing facilities

4. HIV testing facilities (1) No institution or non-governmental organisation shall carry out HIV testing unless it is registered with the Permanent Secretary. (2) Any institution or non-governmental organisation which wishes to be registered may apply in the prescribed form to the Permanent Secretary and submit— (a) its certificate of incorporation, where applicable; (b) evidence of its capability to carry out the tests, including evidence of the qualifications possessed by the persons who would be carrying out the tests; (c) evidence to ensure confidentiality and providing counselling; and (d) such other particulars or document as the Permanent Secretary may require. [Issue 2] H6 – 2 (3) Where the Permanent Secretary is satisfied that the institution or nongovernmental organisation is a fit institution or organisation to be registered, it shall register it and issue to it a certificate of registration. (4) Where an applicant is refused registration, the Permanent Secretary shall give the reasons for his refusal. (5) (a) The Permanent Secretary may suspend or cancel a registration made under this section where the institution or non-governmental organisation has contravened this Act or such guidelines as may be made by the Permanent Secretary. (b) Before proceeding to a suspension or cancellation under this subsection, the Permanent Secretary shall call upon the medical institution or non-governmental organisation to show cause why its registration should not be suspended or cancelled. (6) The Permanent Secretary shall keep a register in which he shall enter— (a) the name and address of every institution or organisation that is registered; (b) such other particulars as may be prescribed.