In New York State, HIV testing for health care workers is voluntary. All health providers, either under contract or in health maintenance organizations, should not be subjected to compulsory HIV testing. The law provides that any health work has a right to withhold their HIV status. I agree with this law because I believe that HIV testing is a sensitive matter, and utmost confidentiality is necessary (“The center for HIV law and policy”).
In health care organizations, there are practices implemented to restrict individuals with HIV from exposure-prone procedures. The panel that is involved in determining the health care workers evaluates through a medical criterion that focuses on physical and mental conditions. The panelist seeks to identify factors that may hinder one from performing their duties and any health condition that significantly poses a threat to patients. It is only through reasonable evidence that the panel will establish that the worker cannot perform specific duties. I agree with this because hospital management must ensure it upholds its patients’ care. Patients are at risk if the institution subjects them to the incompetent health practitioner, and that is why it is necessary for medical evaluation. However, other health care workers need not go through the procedures because they do not pose a threat to patients.
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Consent for testing applies to minors based on their maturity and the current circumstances. Post testing is unnecessary for those who go for HIV testing as it only applies to an individual with HIV. Besides, anonymous testing is available. Partner notification is essential because it allows their partners of possible risks.
The minors are only allowed to consent for HIV testing without their parent’s knowledge if the physician establishes that the minor is mature enough to react positively to the results. I believe that there should be an age range for a minor who go for HIV testing. The physicians are required to inform the parents of the test results if they are both in the agreement or when the physician feels that it is necessary given the circumstance present.
Reference
The center for HIV law and policy. Retrieved 7 th November 2019 from
https://www.hivlawandpolicy.org/states/new-york
