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AIDS (Acquired Immune Deficiency Syndrome) Screening, Confidentiality, and the Duty To Warn

NCJ Number
110506
Journal
American Journal of Public Health Volume: 77 Issue: 3 Dated: (March 1987) Pages: 361-365
Author(s)
L Gostin; W J Curran
Date Published
1987
Length
5 pages
Annotation
The compulsory screening of special population to detect antibodies to the human immunodeficiency virus (HIV) is discussed.
Abstract
Criteria proposed for assessing mandatory population screening includes these factors: (1) the environment within which the selected population operates must pose a significant risk of communication of the infection; and (2) the consequences of the testing and precautions must not be disproportionate to the benefits. However, it is noted, meeting these criteria is unlikely. The screening of selective populations such as premarital, military, drug abuse, and prison screening involves the systematic collection of sensitive health care information. Under most State statutes AIDS patients are afforded weak or inadequate confidentiality protection. Confidentiality is essential because the cooperation of risk groups with public health objectives is largely dependent upon their expectations of privacy. Balanced against the duty of confidentiality is the obligation to protect others from transmission of HIV. Courts have held that health care professionals must disclose confidential patient information to those who are in foreseeable danger of serious harm from their patients (Tarasoff v. The Regents of California, 551 P 2d 340 (1976)). More recently, a reasonably specific and high degree of potential harm is required before courts will find an affirmative duty to disclose confidential information. 52 footnotes.