Some of the Legal Issues Posed by HIV Disease (From AIDS Knowledge Base, P (1-10.1.2)-(13-10.1.2), 1990, P T Cohen, Merle A Sande, et al, eds. -- See NCJ-124753)

• NCJ Number: 124757
• Author(s): M Coles
• Date Published: 1990
• Length: 13 pages
• Sale Source: The Medical Publishing Group
• Publication Type: Best Practice/State-of-the-Art Review
• Language: English
• Country: United States of America

Annotation

This paper examines legal issues and statutes that may be pertinent to AIDS and HIV infection, focusing particularly on topics relevant to health-care workers in interaction with their patients.

Abstract

A discussion of laws associated with confidentiality and disclosure addresses who is covered, the type of information covered, disclosure related to treatment, waivers in general, insurance waivers, reporting requirements, the duty to warn third parties, past and future exposure, what triggers the duty, what to do, and who has the duty. A review of laws that pertain to consent to HIV testing is followed by a discussion of laws that target refusal to treat and discrimination in services. Issues considered are who may be obligated to treat, what the obligation entails, and exceptions and defenses. A broader discussion of discrimination against HIV-infected persons covers the content of laws against discrimination, who discrimination law protects, how discrimination law regulates behavior, and how to make a discrimination claim. Other legal issues discussed pertain to treatment conditioned on testing or confidentiality waivers, and health-care decisions involving incapacitated patients. 14 references.