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CDC HIV/AIDS/Viral Hepatitis/STD/TB Prevention News Update

Judge Refuses to List AIDS as Sexual Disease




 

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.



 


Copyright © 1988 -CDC Prevention News Update, Publisher. All rights reserved to Information, Inc., Bethesda, MD. The CDC National Center for HIV, STD and TB Prevention provides the following information as a public service only. Providing synopses of key scientific articles and lay media reports on HIV/AIDS, other sexually transmitted diseases and tuberculosis does not constitute CDC endorsement. This daily update also includes information from CDC and other government agencies, such as background on Morbidity and Mortality Weekly Report (MMWR) articles, fact sheets, press releases and announcements. Reproduction of this text is encouraged; however, copies may not be sold, and the CDC HIV/STD/TB Prevention News Update should be cited as the source of the information. Contact the sources of the articles abstracted below for full texts of the articles.



Information in this article was accurate in November 16, 1988. The state of the art may have changed since the publication date. This material is designed to support, not replace, the relationship that exists between you and your doctor. Always discuss treatment options with a doctor who specializes in treating HIV.