New York's Health Commissioner does not have to list AIDS and HIV
infection as communicable and sexually transmitted diseases, a State
Supreme Court justice in Albany ruled yesterday. Justice F. Warren
Travers ruled that David Alexrod had the discretion to determine whether
AIDS should be placed on the list. Once such a listing is determined,
epidemiological measures, such as mandatory testing and reporting and
contact tracing, begin. The listing would also allow a doctor to test a
patient he or she suspects of being a virus carrier without the patient's
consent. Such an action would contradict a state law passed last summer
that requires informed consent before testing. Currently, only AIDS
cases need be reported, not HIV infection. The Medical Society of the
State of New York and the State Societies of Surgeons, Orthopedic
Surgeons, Obstetricians and Gynecologists petitioned the state. Alexrod
says AIDS is communicable and sexually transmitted, but argues that
listing it would be counterproductive to efforts to fight HIV spread.