NCJ Number
117488
Journal
Law, Medicine and Health Care Volume: 15 Issue: 1-2 Dated: (Summer 1987) Pages: 5-16
Date Published
1987
Length
12 pages
Annotation
This article surveys proposals for public health statutes and regulations to control the spread of the human immunodeficiency virus (HIV), with the intention of providing a representative overview of legal and policy alternatives, not to provide a comprehensive account of statutes and proposals in all jurisdictions.
Abstract
The statutes are classified according to their broad public health function. Under the 'advisory' category, legislation may establish task forces or guidelines to recommend strategies and precautions for slowing the spread of AIDS. In the 'enabling' or 'appropriating' category, public health officials can be authorized or required to provide the general public or specific groups with services such as education, counseling, treatment, care, and social support. 'Regulatory' legislation can use compulsion against individuals through such regulatory functions as case finding, segregation of prisoners, exclusion of infected persons from school or certain professions, isolation of persons with AIDS, criminal penalties for intentional sexual transmission of HIV, and regulation of meeting places such as bathhouses. 'Protective' legislation can safeguard the civil liberties of persons with HIV. Overall, this review shows that nonpunitive law can contribute significantly to public health strategy. It can set a high standard of care, mobilize resources, plan for education, design outreach program, offer treatment and services, and safeguard infected persons against breaches of confidentiality and unfair treatment. 55 references.