NCJ Number
112219
Date Published
1988
Length
10 pages
Annotation
Legal and ethical issues associated with HIV disease center on privacy and reporting requirements, the duty to warn those in foreseeable danger, mental health competency, public health powers, discrimination, and the availability of alternative test sites for HIV antibody testing.
Abstract
Under some State laws, persons with HIV infection have the right to keep this information private. They also have a right to be concerned about their ability to control the dissemination of their sensitive and potentially damaging medical information. Because recent research has demonstrated that HIV directly attacks neuronal tissue, resulting in dementia, patients need to anticipate this process and arrange for power of attorney or a guardian to deal with financial matters and funeral arrangements. The incompetency of patients with dementia from AIDS is also a major problem in areas such as treatment and disposal of property. Public health powers, such as quarantine, can only be justified where their is clear medical evidence to demonstrate their effectiveness, and where the rights of individuals are not simply set aside. Discrimination in employment, housing, and medical resources have led to guidelines for addressing the needs of school children who are symptomatic and designation of AIDS as a handicap in some places. Those who wish to be tested for AIDS should be provided with alternative test sites instead of relying on blood bank screening. 17 references.