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.”
Beth Benne, RN, is HIV negative, but
the virus has impacted her life. She currently supervises a biannual HIV/AIDS awareness week as
the director of the student health center at Pierce College, a
community commuter school in Woodland Hills, California.
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Overheard in the Women's Forum
"I recently met a guy who is negative. I did tell him about my status and he decided to kiss me anyway (we didn't go further than that). But a day later, he called and said that he actually had a mouth ulcer that time when we kissed and he was very worried. Asked if he can get the virus from me that way. For that moment, I felt so insulted and yet I felt so bad. It was my first time having a contact with a "negative" guy."
