Italy

As of January 2017 we are informed that HIV test kits will be offered for sale in Italian pharmacies within the next month or so. 

National policy
National policy/strategy or official recommendations on HIV testing?Yes
National policy/strategy document
Who can administer HIV tests?
Restrictions on who can legally administer HIV tests?Yes
Which groups can legally do HIV testing?
  • Any doctor/nurse (not necessarily in a specialist clinic)
  • NGO with clinical supervision
Further commentsAs regards community-based testing in Italy, it is common practice to have the supervision of a healthcare professional (doctor or nurse) when administering HIV tests, but actually there are no legal barriers imposing such practice. According to one respondent there should be some important changes in the very near future.
Free HIV testing
HIV testing free to all who want it?Yes in certain places
Further comments

Private laboratories may charge a fee.  Some hospitals require a co-payment.

Is free HIV testing available?Across whole country
Further comments
HIV testing restrictions
HIV testing access restricted for some groups/populations?No
Which groups are restricted
Further comments

Access to HIV testing is restricted for people under the age of 18 or under the age of 16 if not married. For HIV testing a written consent from parents or legal guardian is required if under 16.

One respondent stated that migrants and incarcerated people can face difficulties in the form of stigma by their peers but there are no structural or legal restrictions.

Availability of testing in non-clinical settings
Is testing available in any of the following ways?
Postal HIV sampling legal?No
Home HIV testing legal?No
Community testing at NGOs legal?Yes
Community/outreach event testing legal?Yes
OtherNGOs are facilitating testing through specific programmes and outreach activities
Rapid tests used by community based testing services/initiatives?Finger blood, Saliva
Anonymity/Confidentiality of HIV testing
Anonymous testing available?Yes
If yes, please give detailsPeople must give their name but these are protected by the service providers by codes; no personal data at hospitals or checkpoints. Employers are not allowed to get information about the HIV status  the employees, with a few exceptions (certain medical environments and police/army).
One respondent stated that there are individual cases where confidentiality isn't respected.
If not, why not, what sort of information is required and is there any promise of confidentiality?
Discrimination & equality
Legislation
Legislation protecting the rights of people with HIV?Yes
Key documents
Further commentsEmployers are not allowed to get information about the HIV status of the employees, with a few exceptions (certain medical environments and police/army).

Legislation: articles 5-6 Legge 135/90 1)the transmission of data for epidemiological surveillance of HIV infection cases must not allow the identification of the individual. 2)nobody can be tested for HIV without his/her consent, except for clinical needs in the interest of the patient. 3)the results of an HIV test can be given exclusively to the individual concerned 4)an HIV diagnosis cannot be reason of discrimination, especially for enrolment at school, for the participation in sport activities, for access to employment. 5)employers , both public and private, cannot investigate in any way the HIV status of their employees or of individuals they are thinking of employing, with very few exceptions (police corps and healthcare workers).
Other key populations
Needle exchange available for people who inject drugs?Yes
Further comments

Low level of availability and not available in prisons.

The availability of needle exchange is also confirmed by information available on https://www.hri.global/global-state-of-harm-reduction

Opiate substitution therapy available?Yes
Further comments

Low level of availability.

Availability of OST is also confirmed by information available on https://www.hri.global/global-state-of-harm-reduction

Are PWID (people who inject drugs) excluded from HIV treatment while actively using drugs?No
Further comments
Legal to sell sex?No
Further comments
Legal to buy sex?No
Further comments

Exploitation of prostitution is a criminal offence according to the Law n. 75 (1958) that lists all the acts that qualify as exploitation of prostitution, i.e. to run a space for prostitution by being the owner, manager, administrator or director; to grant the use of a space for the exercise of prostitution; to tolerate the use of a space for the exercise of prostitution; to recruit someone to prostitute; to induce someone to prostitute on the national territory and abroad; to exercise any activity as part of an organisation or association that exploit prostitution; to exploit or facilitate prostitution. (For more information: http://sexualrightsdatabase.org/map/21/Adult%20sex%20work/387/Italy)

Access to HIV Treatment
Free access to HIV treatment?Yes, for some
Further commentsIt is available for all the citizens, yet a registration to the NHS and a fee are required for those who don't have citizenship
Status and access to HIV treatment and care in your country
Access to HIV treatment restricted for certain populations with HIV?Yes
Which groups are restricted?
  • Migrants
If more than one of the above populations selected, please give more information
Status
Country statusEU
Mobility in Europe
Do the following groups/populations have legal access to HIV treatment? (i.e provided on the same basis as citizens of the country)
Legal treatment access: Other EU migrant nationalsYes there is universal access
If yes but exceptions, please describe
Legal treatment access: general non-EU migrantsYes but there are exceptions
If yes but exceptions, please describeThey may have access, yet a registration to the NHS and a fee are required for those who don't have the citizenship
Legal treatment access: Non-EU migrants with asylum/refugee statusYes but there are exceptions
If yes but exceptions, please describeNeed to be registered within the NHS
Legal treatment access: Non-EU migrants who are undocumentedYes but there are exceptions
If yes but exceptions, please describe
Further comments
About this data
Last minor revision12 July 2016
Last major revision20 January 2017
Published
Data sourcesAs well as responses from in-country individuals and organisations were taken from the following sources: http://ecdc.europa.eu/en/healthtopics/aids/Pages/monitoring-dublin-declaration.aspx
Sex Work Laws
These included  https://en.wikipedia.org/wiki/Prostitution_by_country#Europe
The Global Network of Sex Work Projects www.nswp.org and country sources and http://sexualrightsdatabase.org/map/21/Adult%20sex%20work and http://spl.ids.ac.uk/sexworklaw
Drug use
Needle exchange information was taken from Harm Reduction International who have an interactive tool https://www.hri.global/global-state-of-harm-reduction
Criminal Law
http://criminalisation.gnpplus.net has useful info about the criminal law and is searchable by country as well as http://www.hivjustice.net/site/countries/
MSM
http://ilga.org/what-we-do/state-sponsored-homophobia-report/ (2016)
Data contacts

Responses were received from Plus onlus ( www.plus-onlus.it ) and NPS Italia onlus (www.npsitalia.net).

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