Human Immunodeficiency Virus Antibody Testing and the Right of Privacy

摘要

The number of Acquired Immune Deficiency Syndrome(AIDS) cases continues to increase in the United States. The disease's causative agent, the Human Immunodeficiency Virus, HIV, appears to have infected an additional number of asymptomatic people. Both the disease and the infection are shrouded with misinformation and misunderstanding. The public reaction is that of fear and discrimination against both the infected and the ill. Blood tests exist for the detection of antibodies to the virus. There is tremendous pressure from the public to use the virus antibody tests, originally invented to screen the nation's blood supply, to screen the infected from the uninfected. The danger is that the results of the tests will be misused. This paper examines HIV antibody testing, its meaning, and the legal protections available to prevent unwarranted disclosure. Legal protections include federal statutes, the United States Constitution as interpreted by the U.S. Supreme Court and the appellate courts, state constitutional law, the state physician-patient privilege, medical records statutes and finally specific state laws on HIV antibody testing. It will be shown that many of the laws are very narrow in scope and that the right of privacy is subject to conflicting public health and public policy interests. No single law offers the protection desired by a person infected with the HIV; rather, a combination of laws or doctrines must be used. Keywords: Immunosuppression, Virus diseases.