October 22, 2007

NY Advocates Get Testy

The New York State AIDS Advisory Council passed a resolution earlier this month recommending that the current written consent law for HIV testing be eliminated, drawing criticism from AIDS advocates and politicians who feel that the current consent law—passed originally in the 1980s—guarantees informed and consensual testing (nysun.com, 10/22).

The resolution—which passed on October 11 on a 6 to 3 vote—would require only verbal permission before an HIV test is administered. This move is in reaction to the Centers for Disease Control and Prevention’s recommendations for routine HIV testing, but many feel that the resolution fails to address critical HIV testing issues, including pre- and post-test counseling.

“Having a note in a file of an oral consent does not provide the assurance needed that the person has given voluntary informed consent,” says Cynthia Knox, the deputy executive director of the HIV Law Project. “HIV is not like other diseases. There is still a great stigma associated with it.”