Human immunodeficiency virus-infected health care workers: the restoration of professional authority
S. Burris
Temple University of School of Law, Philadelphia, PA, USA.
During the first years of the human immunodeficiency virus (HIV) epidemic,
the professional limitation on HIV-infected physicians and other health
care workers were left to the discretion of the infected workers themselves
and the medical institutions in which they worked. In the crisis occasioned
by the report of iatrogenic infection in a Florida dental practice, the
legal system was expected to develop mandatory standards for the management
of an estimated 50 000 American health care workers with HIV. Evaluation of
the legal developments of the past 3 years, including state practice
guidelines, tort law, and disability discrimination law, suggests that
judges and regulators have been unwilling or unable to set a binding
standard. This offers the medical profession a second chance to formulate
and educate the public about a socially responsible, nonrestrictive policy.
