The Case Against Compulsory Casefinding in Controlling AIDS—Testing, Screening and Reporting

Abstract The spread of acquired immune deficiency syndrome (AIDS) demands a comprehensive and effective public health response. Because no treatment or vaccine is currently available, traditional infection control measures are being considered. Proposals include compulsory testing and screening of selected high risk populations. The fairness and accuracy of compulsory screening programs depend upon the reliability of medical technology and the balancing of public health and individual confidentiality interests. This Article proposes criteria for evaluating compulsory testing and screening programs. It concludes that voluntary identification, education, and counselling of infected persons is the most effective means of encouraging the behavioral changes that are necessary to halt the spread of AIDS.

[1]  H. Fineberg,et al.  Screening for HIV Infection: Risks, Benefits, and the Burden of Proof , 1986, Law, medicine & health care : a publication of the American Society of Law & Medicine.

[2]  H. Ginzburg Intravenous Drug Abusers and HIV Infections: A Consequence of their Actions , 1986, Law, medicine & health care : a publication of the American Society of Law & Medicine.

[3]  S. Weiss,et al.  Prevalence of antibodies to HTLV-I, -II, and -III in intravenous drug abusers from an AIDS endemic region. , 1986, JAMA.

[4]  R. Fox,et al.  The Daedalus effect: changes in ethical questions relating to hepatitis B virus. , 1985, Annals of internal medicine.

[5]  Puckett Sb,et al.  Self-reported behavioral change among gay and bisexual men--San Francisco. , 1985, MMWR. Morbidity and mortality weekly report.

[6]  A. Kristal,et al.  Declining rates of rectal and pharyngeal gonorrhea among males--New York City. , 1984, MMWR. Morbidity and mortality weekly report.

[7]  R. Ayres,et al.  Law, psychotherapy and the duty to warn: a tragic trilogy? , 1975, Baylor law review.

[8]  R. Burns Psychotherapist-patient privilege--patient's dangerous condition--confidentiality--legal duty to warn potential victim. , 1975, Akron law review.