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HIV Infection: Individual Rights v. Disease Control

NCJ Number
123339
Journal
Journal of Law and Society Volume: 17 Issue: 1 Dated: (Spring 1990) Pages: 66-76
Author(s)
S Guttmacher
Date Published
1990
Length
11 pages
Annotation
The control of the AIDS epidemic, best done through education and psycho-social intervention techniques, raises a number of ethical problems not usually considered in discussing informed consent in medical treatment.
Abstract
Ethical issues associated with testing and screening pertain to decisions about who should be tested for HIV infection, about what pressures or incentives to undergo testing should be offered, and about what should be done with test results. There is a growing trend in the United States to encourage clinicians to report HIV-infected persons to State health departments, so that contact tracing can be conducted when appropriate. Informed consent for HIV antibody testing is not universally or uniformly required by the statutes of the 50 States or by case law. Regarding counseling and treatment for HIV-infected persons, there is a strong social interest in enlisting the infected person in responsible lifestyle changes. There are few available alternatives to voluntary consent for persons to undertake such changes. Also, the ethical considerations and proper procedures that have governed trials of new drugs or other therapies are being reassessed. An atmosphere of greater latitude is developing involving strong challenges to old traditions of medical practice and patient autonomy. 23 notes and references.