HIV testing without specific informed consent
Posted by Henry Bauer on 2009/10/08
I didn’t know that
“Massachusetts is one of only eight states that still require separate written consent between patients and health care providers to authorize a HIV test. Unlike cholesterol counts or cancer screening, which fall under the ‘general consent’ form for all other blood tests, a doctor in Massachusetts cannot legally test for HIV without separate, specific written consent from a patient” [“Outdated laws block earlier detection, treatment of HIV”, by Patricia Jehlen and Calvin Cohen, 6 October 2009]
So in 42 states, the “informed” consent document we all have to sign when being admitted to hospital for anything at all, and which I suspect others sign without reading, as I do, exposes us to the clear and present danger of being “HIV”-tested.
“In 2006 the CDC recommended that HIV tests be made more common and routine, prompting 15 states to update their laws. . . . Studies by scientists at CDC and elsewhere have already shown that, when the hurdle of additional written consent for HIV testing is removed, more cases are identified earlier”.
Yes, of course. More testing –> more positive tests.
“Senate Bill 821, which was introduced earlier this year and comes up for a hearing on Beacon Hill today, will fully implement the CDC’s recommendation on HIV/AIDS testing and remove the outdated barriers that have discouraged patients from accessing the full host of health benefits available to them. The bill maintains the strong existing privacy protections around the disclosure of an individual’s health status. Anyone who tests positive for HIV would be guaranteed access to post-test counseling, as well as referrals to support services” [emphasis added].
That’s exactly what is to be feared, that “full host of health benefits”. See what Karri Stokely has to say about that from personal experience; or Audrey Serrano.
“The bill will not lead to people being tested against their will or without their knowledge, as a patient’s general consent for medical care is still required to conduct an HIV test.”
Has anyone tried to get the care they actually need in a hospital in the United States — colonoscopy, hernia operation, whatever — WITHOUT signing such a form?
“Patricia Jehlen, lead sponsor of Senate Bill 821, represents the Second Middlesex District in the Massachusetts Senate. Dr. Calvin Cohen is clinical research director at the Community Research Initiative of New England and Harvard Vanguard Medical Associates.”
It’s always nice to get opinions and proposed legislation from people who know what they’re talking about and have no conflicts of interest.
This entry was posted on 2009/10/08 at 5:17 pm and is filed under experts, HIV risk groups, HIV skepticism, HIV tests, Legal aspects, uncritical media. Tagged: Audrey Serrano, “HIV” tests in Massachusetts, Calvin Cohen, informed consent, informed consent for "HIV" test, Karri Stokely, Patricia Jehlen, universal “HIV” testing. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.