Rights and Duties of HIV Infected Health Care Professionals
Health Care Analysis 10 (1):67-85 (2002)
| Abstract | In 1991, the CDC recommended that health care workers (HCWs) infectedwith HIV or HBV (HbeAg positive) should be reviewed by an expert paneland should inform patients of their serologic status before engaging inexposure-prone procedures. The CDC, in light of the existing scientificuncertainty about the risk of transmission, issued cautiousrecommendations. However, considerable evidence has emerged since 1991suggesting that we should reform national policy. The data demonstratesthat risks of transmission of infection in the health care setting areexceedingly low. Current policy, moreover, does not improve patientsafety. At the same time, implementation of current national policy atthe local level poses significant human rights burdens on HCWs.Consequently, national policy should be changed to ensure patient safetywhile protecting the human rights of HCWs. This article proposes a newnational policy, including: (1) a program to prevent bloodborne pathogentransmission; (2) a responsibility placed on infected HCWs to promotetheir own health and well-being and to assure patient safety; (3) adiscontinuation of expert review panels and special restrictions forexposure-prone procedures; (4) a discontinuation of mandatorydisclosure of a HCW's inflection status; and (5) the imposition ofpractice restrictions if a HCW is unable to practice safely because of aphysical or mental impairment or failure to follow careful infectioncontrol techniques. A new national policy, focused on management of theworkplace environment and injury prevention, would achieve high levelsof patient safety without discrimination and invasion of privacy | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,709 |
| External links |
|
| Through your library | Configure |
Larry Gostin (1990). The HIV-Infected Health Care Professional: Public Policy, Discrimination, and Patient Safety. Journal of Law, Medicine and Ethics 18 (4):303-310.
Chai R. Feldblum (1991). A Response to Gostin, "The HIV-Infected Health Care Professional: Public Policy, Discrimination, and Patient Safety". Journal of Law, Medicine and Ethics 19 (1-2):134-139.
B. M. Meier, K. N. Brugh & Y. Halima (2012). Conceptualizing a Human Right to Prevention in Global HIV/AIDS Policy. Public Health Ethics 5 (3):263-282.
Diana Barrigar, David Flagel & Ross Upshur (2001). Hepatitis B Virus Infected Physicians and Disclosure of Transmission Risks to Patients: A Critical Analysis. BMC Medical Ethics 2 (1):1-10.
Michael J. Meyer (1992). Patients' Duties. Journal of Medicine and Philosophy 17 (5):541-555.
Larry Gostin (1991). CDC Guidelines on HIV or HBV-Positive Health Care Professionals Performing Exposure-Prone Invasive Procedures. Journal of Law, Medicine and Ethics 19 (1-2):140-143.
Timothy F. Murphy (1994). Health Care Workers with Hiv and a Patient's Right to Know. Journal of Medicine and Philosophy 19 (6):553-569.
H. E. Emson (1992). Rights, Duties and Responsibilities in Health Care. Journal of Applied Philosophy 9 (1):3-11.
Stephanie Nann, Jean-Phlippe Dousset, Chanthy Sok, Pisey Khim, Sopheap Y., Paul Sorum & Etienne Mullet (2012). Cambodian Patients' and Health Professionals' Views Regarding the Allocation of Antiretroviral Drugs. Developing World Bioethics 12 (2):96-103.
Leslie London, Phyllis J. Orner & Landon Myer (2008). 'Even If You're Positive, You Still Have Rights Because You Are a Person': Human Rights and the Reproductive Choice of Hiv-Positive Persons. Developing World Bioethics 8 (1):11-22.
Russell Armstrong (2008). Mandatory Hiv Testing in Pregnancy: Is There Ever a Time? Developing World Bioethics 8 (1):1–10.
Meri Koivusalo (2010). Common Health Policy Interests and the Shaping of Global Pharmaceutical Policies. Ethics and International Affairs 24 (4):395-414.
S. Philpott, K. West Slevin, K. Shapiro & L. Heise (2010). Impact of Donor-Imposed Requirements and Restrictions on Standards of Prevention and Access to Care and Treatment in HIV Prevention Trials. Public Health Ethics 3 (3):220-228.
Sofia Gruskin, Shahira Ahmed & Laura Ferguson (2008). Provider-Initiated Hiv Testing and Counseling in Health Facilities – What Does This Mean for the Health and Human Rights of Pregnant Women? Developing World Bioethics 8 (1):23–32.
Lawrence O. Gostin (2001). Health Information: Reconciling Personal Privacy with the Public Good of Human Health. Health Care Analysis 9 (3):321-335.
Monthly downloads |
Added to index2010-09-02Total downloads9 ( #114,230 of 549,671 )Recent downloads (6 months)1 ( #63,425 of 549,671 )How can I increase my downloads? |

