HIV Prevention Act of 1997

Last updated

The HIV Prevention Act of 1997 was proposed U.S. legislation that was not acted on by either house of Congress.

Contents

The bill would have brought policy towards HIV/AIDS, often referred to as 'AIDS exceptionalism', in line with the public health approach used for other infectious diseases. It would have established confidential HIV reporting and partner notification nationwide, required accused sex offenders to be tested for HIV, and allow health-care providers to test for HIV before exposing their employees in the course of an invasive medical procedure. It recommended that States enact laws providing that intentionally infecting others with HIV is a felony. [1] The bill was endorsed by the American Medical News . [2]

Legislative history

Representative Thomas Coburn (R-Oklahoma) introduced it in the House on March 13, 1997, and Senator Don Nickles (R-Oklahoma) introduced it in the Senate. The legislation was referred to the House Committee on Commerce on March 13, 1997, and to its Subcommittee on Health and Environment on March 21, 1997. No further action was taken in either chamber. [3] The Senate referred the legislation to the Committee on Labor and Human Resources. Coburn had introduced similar legislation the year before with similar results. [4]

About the same time as this legislation was introduced, Representative Nancy Pelosi(D-California) introduced the William A. Bailey Comprehensive HIV Prevention Act of 1997 [5] on March 21, 1997. It would have amended the Public Health Service Act to promote activities for the prevention of additional cases of infection HIV. It too was referred to committee and never acted upon.[ citation needed ]

Provisions

The legislation asserted that: [6]

The act proposed amending the Social Security Act:

Concerns

Many concerns emerged that involved the HIV Prevention Act of 1997. Those included medical privacy and economical issues.

Economic concerns

The Association of State and Territorial Health Officers (ASTHO) estimated that implementation of the legislation would require at least 265 statutory or regulatory changes nationwide and cost approximately $420 million a year, though it provided no new money to finance any of these amendments. [7] For individuals, it would not have supplied for following testing and notification with health care and provides no money, for example, to make protease inhibitors available to those who test positive. [8]

Medical privacy concerns

The Act proposed that states report the identity of anyone testing positive for HIV to federal authorities, along with the names of their sexual and intravenous-injection partners. It charged the Centers for Disease Control and Prevention (CDC) with establishing a notification system for sharing these identities with all states to locate and inform individuals who might have been infected with the disease. It required all states to participate notification system despite the fact that some states already have an existing surveillance/identifier system that estimate the number of people infected with HIV from anonymous demographic information. The concern involves privacy issues, along with the fact that no other existing disease is required to be reported and examined by the CDC.[ citation needed ]

The legislation would eliminate anonymous testing options, such as the HIV sample collection kits. Those who appose mandatory names reporting prefer using unique identifiers and sentinel studies, for they believe that national partner notification may even discourage people from being tested in the first place.[ citation needed ]

Some claim that the national partner notification policy would be unnecessary, for it is already required to have partner notification programs in order to receive funds from the CDC for HIV prevention and Control. The Ryan White Care Act Amendments of 1996 also requires states to notify a spouse of a known HIV-infected patient that he or she may have been exposed to HIV and should seek testing. [7] In addition, some criticize the belief that the Bill includes a sense of the Congress urging states to criminalize the intentional transmission of HIV. [8]

See also

Related Research Articles

<span class="mw-page-title-main">HIV/AIDS in the United States</span> Epidemic in the United States

The AIDS epidemic, caused by HIV, found its way to the United States between the 1970s and 1980s, but was first noticed after doctors discovered clusters of Kaposi's sarcoma and pneumocystis pneumonia in homosexual men in Los Angeles, New York City, and San Francisco in 1981. Treatment of HIV/AIDS is primarily via the use of multiple antiretroviral drugs, and education programs to help people avoid infection.

Diagnosis of HIV/AIDS Immunological test

HIV tests are used to detect the presence of the human immunodeficiency virus (HIV), the virus that causes acquired immunodeficiency syndrome (AIDS), in serum, saliva, or urine. Such tests may detect antibodies, antigens, or RNA.

Tropical medicine Interdisciplinary branch of medicine

Tropical medicine is an interdisciplinary branch of medicine that deals with health issues that occur uniquely, are more widespread, or are more difficult to control in tropical and subtropical regions.

Criminal transmission of HIV is the intentional or reckless infection of a person with the human immunodeficiency virus (HIV). This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the cases of spitting and biting, does not include a realistic means of transmission. Some countries or jurisdictions, including some areas of the U.S., have enacted laws expressly to criminalize HIV transmission or exposure, charging those accused with criminal transmission of HIV. Other countries charge the accused under existing laws with such crimes as murder, manslaughter, attempted murder, assault or fraud.

<span class="mw-page-title-main">President's Emergency Plan for AIDS Relief</span> United States governmental initiative

The United States President's Emergency Plan For AIDS Relief (PEPFAR) is a United States governmental initiative to address the global HIV/AIDS epidemic and help save the lives of those suffering from the disease. Launched by U.S. President George W. Bush in 2003, as of May 2020, PEPFAR has provided about $90 billion in cumulative funding for HIV/AIDS treatment, prevention, and research since its inception, making it the largest global health program focused on a single disease in history until the COVID-19 pandemic. PEPFAR is implemented by a combination of U.S. government agencies in over 50 countries and overseen by the Global AIDS Coordinator at the U.S. Department of State. As of 2021, PEPFAR has saved over 20 million lives, primarily in Sub-Saharan Africa.

<span class="mw-page-title-main">Epidemiology of HIV/AIDS</span> Pandemic of Human Immunodeficiency Virus

The global pandemic of HIV/AIDS began in 1981, and is an ongoing worldwide public health issue. According to the World Health Organization (WHO), as of 2021, HIV/AIDS has killed approximately 40.1 million people, and approximately 38.4 million people are infected with HIV globally. Of these 37.7 million people, 73% have access to antiretroviral treatment, and 16% do not know they were infected. There were about 770,000 deaths from HIV/AIDS in 2018, and 680,000 deaths in 2020. The 2015 Global Burden of Disease Study estimated that the global incidence of HIV infection peaked in 1997 at 3.3 million per year. Global incidence fell rapidly from 1997 to 2005, to about 2.6 million per year. Incidence of HIV has continued to fall, decreasing by 23% from 2010 to 2020, with progress dominated by decreases in eastern and southern Africa. As of 2020, there are approximately 1.5 million new infections of HIV per year globally.

<span class="mw-page-title-main">HIV/AIDS</span> Spectrum of conditions caused by HIV infection

Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual may not notice any symptoms, or may experience a brief period of influenza-like illness. Typically, this is followed by a prolonged incubation period with no symptoms. If the infection progresses, it interferes more with the immune system, increasing the risk of developing common infections such as tuberculosis, as well as other opportunistic infections, and tumors which are otherwise rare in people who have normal immune function. These late symptoms of infection are referred to as acquired immunodeficiency syndrome (AIDS). This stage is often also associated with unintended weight loss.

HIV/AIDS in Taiwan

Taiwan's epidemic of HIV/AIDS began with the first case reported in December 1984. On 17 December 1990 the government promulgated the AIDS Prevention and Control Act. On 11 July 2007, the AIDS Prevention and Control Act was renamed the HIV Infection Control and Patient Rights Protection Act.

<span class="mw-page-title-main">Sexually transmitted infection</span> Infection transmitted through human sexual behavior

Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and oral sex. STIs often do not initially cause symptoms, which results in a risk of passing the infection on to others. Symptoms and signs of STIs may include vaginal discharge, penile discharge, ulcers on or around the genitals, and pelvic pain. Some STIs can cause infertility.

Since HIV/AIDS was first reported in Thailand in 1984, 1,115,415 adults had been infected as of 2008, with 585,830 having died since 1984. 532,522 Thais were living with HIV/AIDS in 2008. In 2009 the adult prevalence of HIV was 1.3%. As of 2016, Thailand had the highest prevalence of HIV in Southeast Asia at 1.1 percent, the 40th highest prevalence of 109 nations.

HONOReform – is a patient advocacy organization that seeks to promote adherence to injection safety guidelines and increase governmental oversight of outpatient medical facilities. In addition to promoting lessons learned from outbreaks of hepatitis C, the organization advocates for a more compassionate response to large scale medical disasters.

HIV/AIDS in Canada

HIV/AIDS was first detected in Canada in 1982. In 2018, there were approximately 62,050 people living with HIV/AIDS in Canada. It was estimated that 8,300 people were living with undiagnosed HIV in 2018. Mortality has decreased due to medical advances against HIV/AIDS, especially highly active antiretroviral therapy (HAART).

Sexually transmitted infections in the pornography industry deals with the occupational safety and health issue in the sex industry of transmission of sexually transmitted infections/diseases (STIs/STDs), especially HIV/AIDS, which became a major cause of concern since the 1980s, especially for pornographic film actors. From 2004 to 2009, 22 HIV cases in the U.S. pornography industry were reported; roughly half were among men who work in gay films, and the other half were men and women working in heterosexual productions.

Discrimination against people with HIV/AIDS or serophobia is the prejudice, fear, rejection, and stigmatization of people with HIV/AIDS. Marginalized, at-risk groups such as members of the LGBTQ+ community, intravenous drug users, and sex workers are most vulnerable to facing HIV/AIDS discrimination. The consequences of societal stigma against PLHIV are quite severe, as HIV/AIDS discrimination actively hinders access to HIV/AIDS screening and care around the world. Moreover, these negative stigmas become used against members of the LGBTQ+ community in the form of stereotypes held by physicians.

HIV prevention refers to practices that aim to prevent the spread of the human immunodeficiency virus (HIV). HIV prevention practices may be undertaken by individuals to protect their own health and the health of those in their community, or may be instituted by governments and community-based organizations as public health policies.

Partner notification is the practice of notifying the sexual partners of a person, known as the "index case", who has been newly diagnosed with a sexually transmitted infection that they may have been exposed to the infection. It is a kind of contact tracing and is considered a partner service.

Since reports of the Human Immunodeficiency Virus (HIV) began to emerge and spread in the United States between the 1970s and 1980s, the HIV/AIDS epidemic has frequently been linked to gay, bisexual, and other men who have sex with men (MSM) by epidemiologists and medical professionals. It was first noticed after doctors discovered clusters of Kaposi's sarcoma and pneumocystis pneumonia in homosexual men in Los Angeles, New York City, and San Francisco in 1981. The first official report on the virus was published by the Center for Disease Control (CDC) on June 5, 1981 and detailed the cases of five young gay men who were hospitalized with serious infections. A month later, The New York Times reported that 41 homosexuals had been diagnosed with Kaposi's sarcoma, and eight had died less than 24 months after the diagnosis was made.

Infectious diseases within American correctional settings are a concern within the public health sector. The corrections population is susceptible to infectious diseases through exposure to blood and other bodily fluids, drug injection, poor health care, prison overcrowding, demographics, security issues, lack of community support for rehabilitation programs, and high-risk behaviors. The spread of infectious diseases, such as HIV and other sexually transmitted diseases, hepatitis C (HCV), hepatitis B (HBV), and tuberculosis, result largely from needle-sharing, drug use, and consensual and non-consensual sex among prisoners. HIV and hepatitis C need specific attention because of the specific public health concerns and issues they raise.

<span class="mw-page-title-main">AIDS amendments of 1988</span> US law

AIDS amendments of 1988, better known as the Health Omnibus Programs Extension (HOPE) Act of 1988, is a United States statute amending the Public Health Service Act. The Acquired Immune Deficiency Syndrome amendments were compiled as Title II - Programs with Respect to Acquired Immune Deficiency Syndrome within the HOPE Act of 1988. The Title II Act appropriated federal funding for Acquired Immune Deficiency Syndrome (AIDS) education, prevention, research, and testing. The U.S. legislative title provisioned the establishment of the presidentially appointed National Commission on AIDS. The S. 2889 legislation was passed by the 100th U.S. Congressional session and signed by President Ronald Reagan on November 4, 1988.

HIV in pregnancy is the presence of an HIV/AIDS infection in a woman while she is pregnant. There is a risk of HIV transmission from mother to child in three primary situations: pregnancy, childbirth, and while breastfeeding. This topic is important because the risk of viral transmission can be significantly reduced with appropriate medical intervention, and without treatment HIV/AIDS can cause significant illness and death in both the mother and child. This is exemplified by data from The Centers for Disease Control (CDC): In the United States and Puerto Rico between the years of 2014–2017, where prenatal care is generally accessible, there were 10,257 infants in the United States and Puerto Rico who were exposed to a maternal HIV infection in utero who did not become infected and 244 exposed infants who did become infected.

References

  1. Burr, Chandler (June 1997). "The AIDS Exception: Privacy vs. Public Health". The Atlantic. Retrieved February 15, 2013.
  2. "Policy prescription for HIV". American Medical News. April 28, 1997. Retrieved February 15, 2013.
  3. "Bill Summary & Status - 105th Congress (1997 - 1998) - H.R.1062 - All Congressional Actions - THOMAS (Library of Congress)". Archived from the original on 2016-07-04. Retrieved 2011-03-24.
  4. H.R. 3937 [104th]: HIV Prevention Act of 1996 (GovTrack.us)
  5. H.R. 1219 [105th]: William A. Bailey Comprehensive HIV Prevention Act of 1997 (GovTrack.us)
  6. "Bill Text - 105th Congress (1997-1998) - THOMAS (Library of Congress)". Archived from the original on 2016-01-08. Retrieved 2004-11-05.
  7. 1 2 The Coburn HIV Prevention Act of 1997 - The Body
  8. 1 2 What is the Coburn Bill?