NCJ Number
109876
Journal
Law, Medicine and Health Care Volume: 15 Issue: 1-2 Dated: (Summer 1987) Pages: 5-15
Date Published
1987
Length
11 pages
Annotation
This article outlines the legislation and regulations that have been enacted or proposed to control the spread of the human immunodeficiency virus (HIV), together with arguments for and against the various public policy options.
Abstract
The statutes can be classified according to their following functions: 'advisory,' 'enabling' or 'appropriating,' 'regulatory,' and 'protective.' Advisory statutes establish task forces and guidelines that recommend strategies and precautions for slowing the spread of HIV. Enabling or appropriating legislation authorizes the provision of HIV-related education, counseling, treatment, care, and social support. Regulatory legislation focuses on case finding (screening, reporting, and contact tracing), inmate segregation, exclusion of infected persons from school or certain professions, isolation of infected persons, criminal penalties for the intentional sexual transmission of HIV, and the regulation of meeting places such as bathhouses. Protective legislation guards the civil liberties of infected persons, such as ensuring the confidentiality of health care information and the prohibition of discrimination in employment, housing, and insurance. State and Federal law should focus on all of the aforementioned functions if it is to deal adequately with problems attending HIV infection. 55 footnotes.