Question:

Is it really illegal?

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On "Special Victims Unit" they were saying it's illegal to reveal who has HIV or AIDS. Is this a national law or one that varies by state? If people who test positive have to report it, shouldn't everyone else have a right to know those people are infected too? Not all infected people use protection. s*x offenders have to register, and while this infringes on individual rights, it's in the best interest of others. So shouldn't there be a national registry of people with HIV and AIDS?

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15 ANSWERS


  1. The question is if you register everyone what does it achieve?

    How would it help, in reality how many people ask someone if they have a STD or AIDs after picking them up in a bar for the first time..not really a question you ask someone you intend to "get it on with", would likely spoil the mood somewhat.

    I believe there are criminal offences in persons deliberately affecting others knowing they have aids and not warning the other person/taking precautions and then infecting them in turn.

    But in reality you meet a person or you plan to go out with them you are hardly going to ask for there personal details to check them up first on a aids register..


  2. I believe it depends majorly on how you find out in some cases. A nurse or lab tech (someone who processes blood, urine, etc) cannot then tell everyone they know "John has HIV" because it defies HIPAA laws. In most cases that's what it comes from, you cannot give out another person's medical information without that person's consent.

    I know in most states it's illegal to knowingly infect another person with HIV, however. Or they're moving to put bills into place to make it illegal as it's sort of like slowly murdering someone overtime.

  3. First SVU is a television show not reality. HIV status is protected by patient confidentiality laws and the extent of that protection is defined by each state and to a certain extent the federal government.

    In regard to a registry like a s*x offenders registry a s*x offenders identity is not protected due to the fact they were convicted and their conviction is a matter of public record. Whereas a HIV / AIDS patient have committed no crime and therefore their status is protected.

    So to answer your question the answer is it really illegal the answer is yes due to HIV / AIDS being a privacy issue and in answer to your question syould there be a registry the answer is a resounding no.

  4. They sure should.  And any one should be required to make public that they have hemorrhoids, VD, toe nail fungus, MS, a cold, the flu, and every medical condition.  You should have to wear a sign that lists all your medical and mental health issues

  5. Whether or not it is illegal to reveal someones HIV status depends on how you find out.

    If you are a medical professional who finds it out in the course of your duties, you may not reveal it. If you are an employer who is told as a result of your offering medical insurance to your employees, or as an ADA disclosure, you may not reveal it. If a friend or co-worker tells you he is HIV positive, or if you find it out through 'gossip' then it's not illegal to reveal it.

    Richard

  6. Yes, it's illegal to reveal anyone's personal medical information.  An HIV positive person certainly has the responsibility to use protection when having s*x (and can face criminal charges if he/she infects someone else recklessly), but there is no legal requirement to inform others.  It's not something that's transmitted by casual contact.  Your best option is for you to use protection at all times.

  7. That is a truly difficult one , if you reveal there secret you may expose them to isolation, and if you don't they may infect another and that would mean inevitable death , Of the two and the lesser of two evils they must be exposed isolation is better than death to an innocent

  8. Have you got something you want to tell us =D

  9. you don't catch AIDS when in the same room or living next a person who is HIV positive. being in the same room with a s*x offender or living next to one can pose a problem.

  10. Medical information is confidential. If you think you have the right to other peoples personal information that means anyone can get your private information as well. How safe will you feel when YOU have everyone knowing your secrets?

    "First they came for them and I did nothing. Now they come for me but it is too late." Martin Niemöller

  11. Federal health privacy laws prevent publicly disclosing any diagnosis without the patient's written consent. Most states also have further protections for HIV tests. However, people with HIV have a duty to disclose their status to anyone they have s*x with. Failure to do so could get them sued and/or jailed for willful infection.

    s*x offenders have to register because they broke the law. When you break the law, you forfeit certain rights. Being HIV positive is not against the law.

  12. here in canada,they not only have to tell their parterne thatr they have HIV it is required by law!!!

  13. You have quite a list of questions , but I will try to answer them all, one at a time . That law, illegal to reveal if a peson has aids or not is a federal law and applies to all in the USA . People who have HIV do not have to report it per se , but if a hospital , Dr. Nurse , wife , family or anyone wlse finds out on purpose or by accident that someone has aids they are bound by law not to say a word. Even Dr.s are not given that information before they operate . There probably should be something to notify people that a person has aids , but with people like they are today , afraid of everything , we can not report anyone and a national list would cause many deaths from ignorant people.

  14. HIV/AIDS is a medical condition. It is illegal to publicly reveal someone's medical status.

    Always use protection or else you are just rolling the dice.


  15. It is. It is considered apart of  patient confidentiality. I agree. But you also have to consider the people who are not getting others infected and who are doing the right thing.  
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