NCJ Number
109984
Journal
Harvard Journal on Legislation Volume: 24 Issue: 1 Dated: (Winter 1987) Pages: 315-349
Date Published
1987
Length
35 pages
Annotation
A model statute is proposed for protecting the confidentiality of potential and confirmed carriers of acquired immune deficiency syndrome (AIDS) to facilitate the public health effort to control the disease.
Abstract
Limiting AIDS-related disclosures to those which are absolutely necessary in the effort to control the spread of the disease will advance the process of gathering information about AIDS by removing the main deterrent to voluntary participation in programs designed to control the spread of the disease. The desired legal protections could come from three primary sources: (1) pronouncements by courts in constitutional cases, (2) judicial expansion of common law duties, and (3) State and Federal legislation. Expansion of the common law duties of doctors and other health care personnel to maintain confidentiality is desirable but should not be expected. Therefore, courts faced with constitutional challenges to AIDS reporting and testing laws should recognize that protecting confidentiality is in the interests of all and should give primary attention to protecting this confidentiality. Legislative approaches are the most promising solution, although efforts to implement them have only just begun. Text of proposed model law and 135 footnotes.