AIDS-HIV

Also see: Public Health Reporting and Testing; Police Power; Habeas Corpus; Public Health Law Practice; Sexually Transmitted Infections, Mathematical Models of STI Transmission)

New Jersey passes opt-out HIV testing law for pregnant women 2007.

Rapid HIV Testing in Emergency Departments — Three U.S. Sites, January 2005–March 2006, MMWR June 22, 2007 / Vol. 56 / No. 24

CDC finally recommends routine HIV testing!

Twenty-Five Years of HIV/AIDS — United States, 1981–2006

Testimony before the President's AIDS Commission: AIDS Law - Past and Future, 21 June 2005

LA Title 40 § 1300.14 - Confidentiality of HIV information

Reports

Relative risk of blood borne HIV, HBC, and HCV transmission - 2003

Cases

Hospital and doc have duty to third party to inform patient of positive HIV test - C.W. v. Cooper Health System, 906 A.2d 440, 388 N.J.Super. 42 (N.J.Super.App.Div. 2006) - Hospital did not put test results in the patient's chart to protect the patient's privacy, which kept the attending physician from knowing the result and telling the patient. The court found this violated the duty to warn the patient on how to avoid spreading HIV, and thus endangered his partner who became infected.

Court allows discovery of previous sexual contacts in HIV transmission case - John B. v. Superior Court of Los Angeles County, No. S128248 (Cal. 07/03/2006)

Upholds Tennessee HIV transmission statute's use of exposure and intimate contact in defining risk of HIV transmission - State v. Bonds, 189 S.W.3d 249 (Tenn.Crim.App. 2005)

HIV is an occupational disease for corrections workers - Estate of Doe v. Dep't of Corr., 268 Conn. 753, 848 A.2d 378 (Conn 2004)

Partner's HIV statutus is not a defense for failing to warn of HIV infection - State v. Gonzalez, 154 Ohio App.3d 9, 796 N.E.2d 12, 2003 -Ohio- 4421 (Ohio App. Dist.1 2003)

HIV Testing without the Patient's Consent - Sierakowski v. Ryan, No. 99-2705 (7th Cir. 08-03-2000)

Court rejects necessity defense in prosecution of needle exchange program personnel - Com. v. Leno, 415 Mass. 835, 616 N.E.2d 453, 62 USLW 2088 (Mass. 1993)

Court sets standards for claim for transmission of HIV - Doe v. Johnson, 817 F.Supp. 1382 (W.D.Mich. 1993) - full text not available.

Prosecutor may file criminal charges despite request of health department to bring administrative proceedings against HIV infected person - State v. Stark, 66 Wash.App. 423, 832 P.2d 109 (Wash.App. Div. 2 1992)

Grant of Police Power Trumps Criminal Prosecution for Needle Exchange Program - Spokane County Health District v. Brockett, 120 Wash. 2d 140, 839 P.2d 324 (Wa. 1992)

Rational Basis Test - HIV as a Communicable Disease - Matter of New York Society Surgeons v. Axelrod, 77 N.Y.2d 677, 685, 569 N.Y.S.2d 922, 572 N.E.2d 605 (NY 1991)

Temporary injunction to close a gay bathhouse. Good discussion of judicial deference to public health decisionmaking - City of New York v New St. Mark's Baths, 130 Misc. 2d 911, 497 N.Y.S.2d 979 (1986)The permanent injunction was issued in - New York v. New St. Mark's Baths, 168 A.D.2d 311, 562 N.Y.S.2d 642 (N.Y. App. Div. 1st Dep't 1990)