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Full-Text Articles in Law

Mandatory Aids Testing, Mathew Hoch Jan 1992

Mandatory Aids Testing, Mathew Hoch

Brigham Young University Prelaw Review

In October of 1991, Kimberly Bergalis, a weak and frail AIDS victim, made a physically taxing journey to Washington D.C. She went, despite her deteriorating condition, to testify on behalf of a proposed bill that would require health care practitioners to be tested for the HIV virus before performing any invasive procedures. Kimberly was unknowingly infected by her dentist, who had the HIV virus.


Aids And Hiv: The Legal Dimension: A Selective Bibliography, Bonnie L. Koneski-White Jan 1992

Aids And Hiv: The Legal Dimension: A Selective Bibliography, Bonnie L. Koneski-White

Journal of Law and Health

For the most part articles over two pages in length from journals were included. Editorials and articles from national and legal newspapers generally are not included. Although some articles are listed from foreign periodicals, most of the entries focus on the United States. Listings in one category can cover some aspects of other categories. An attempt was made to include the article in the category which best covered the subject matter of the majority of the article. An asterisk (*) indicates that the article is contained in one of the symposia or special issues listed in the "Symposia and Special …


Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman Jan 1992

Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman

Journal of Law and Health

This note will seek to determine if granting a physician the right to warn third parties at risk is the appropriate solution to the above scenario and others like it. Part I will supply a background on the virus that causes AIDS. Part II will review possible legal justification for this breach of the confidential doctor/patient relationship. Part III discusses why there is a need to maintain strict confidentiality of AIDS-related information. Finally, Part IV will discuss alternatives to granting physicians the right to warn.


Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson Jan 1992

Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson

Journal of Law and Health

The newborn screening model is fairly straightforward. Typically, before the infant is discharged from the hospital (around 24 to 36 hours of age), heel stick blood is placed on special filter paper, dried, and mailed to the state health department for testing. Medical and laboratory research has led to the discovery that other diseases could also be screened in newborns using these dried blood specimens. Currently, all states and the District of Columbia test all newborns for at least PKU and congenital hypothyroidism. There are generally five criteria to satisfy before a disease is considered appropriate for newborn screening: 1. …


Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq. Jan 1992

Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq.

Fordham Urban Law Journal

After a decade of fighting AIDS, the public health community has come to recognize that strategies to combat the infection must be premised on voluntarism and not on coercion. Attempts to combat AIDS with coercive public health strategies stem from a desire to force AIDS into an ill-fitting traditional disease-response framework, overlooking the differences between HIV and other sexually transmitted diseases, including the limitations in available treatment modalities for HIV. A return to such a cramped, narrowly-medicalized view of the AIDS epidemic has enormous social implications and a coercive strategy would frustrate efforts to stem the spread of the disease. …