A University of Michigan study
reports that public health officials in 14 Michigan jurisdictions are using
information from the HIV surveillance names reporting database to find and
prosecute HIV- or STD-infected people who are legally considered a “health
threat.” In addition to asking a newly diagnosed client for the name of the
client’s sexual partner(s), the public health officials are inquiring whether
the sexual partner disclosed HIV status before having sex.
It is a felony or misdemeanor in 24
states for an HIV-infected person to have sex without first disclosing HIV
status to a partner. In Michigan, failure to disclose HIV status prior to
having sex is a felony punishable by up to four years in prison, even if the
sexual partner was never at risk for HIV. People who oppose the use of data
from the names reporting database for legal action urge transparency in the use
of epidemiological data and recommend public health officials use the
confidential medical information only for treatment referral and partner
counseling.
Trevor Hoppe, author of the study,
stated he also found inconsistency across the state in health officials’
definition of “health threat.” Some officials described HIV-infected women who
became pregnant or infected with another STD as health threats.
The full report, “‘Public Health’:
Social Control and Michigan HIV Law,” was published online in the journal
Social Problems (2013; doi:10.1525/sp.2013.11178).
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
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