NCJ Number
109875
Journal
Law, Medicine and Health Care Volume: 15 Issue: 1-2 Dated: (Summer 1987) Pages: complete issue
Editor(s)
L Gostin,
W J Curran
Date Published
1987
Length
96 pages
Annotation
Seven articles provide an overview of legislative and regulatory policy pertaining to acquired immune deficiency syndrome (AIDS) in the United States and examine specific legal issues bearing upon the harm done by and to AIDS-infected persons.
Abstract
The overview of State statutes designed to control the spread of the human immunodeficiency virus (HIV) classifies such statutes as 'advisory,' 'enabling,' 'regulatory,' and 'protective.' Another article examines the legal and ethical issues attending private and public decisions to produce, distribute, and accept a vaccine for the HIV. A critique of the application of traditional disease control measures to AIDS concludes that compulsory reporting of known and suspected cases of AIDS is justified, but the mandatory reporting of HIV-antibody test results, contact tracing, and the quarantine of infected persons are not justified. An article examines legal precedents, arguments, and possible defenses in cases of legal liability related to the diagnosis and transmission of AIDS. The next article considers the feasibility of trying to deter the transmission of AIDS through existing criminal laws and public health offenses. Other articles address the limitations of attempting to counter discrimination against infected persons under statutes that prohibit discrimination against the handicapped and the role of the Centers for Disease Control in the development of AIDS recommendations and guidelines. Article references and 107-item AIDS bibliography.