HIV and AIDS: How Has It Developed? :: HIV AIDS Diseases Health Essays

How Has It Developed? Only within the last two decades have HIV and AIDS become largely visible in the United States and across the globe. It may appear that there is virtually a void in legislation dealing with HIV and AIDS because of the relatively recent increase in public awareness. Perhaps, though, this lack of legislation should not be surprising considering the fact that almost no other specific illnesses are the target of direct legislation. The rights of patients are often the topic of new laws; however, exact diseases or disorders are not usually expounded upon in these broader forms of legislation. The situation involving the possible transmission of HIV to Kimberly Bergalis from her dentist provoked many calls for specific legislation requiring medical professionals to be tested for HIV. Additionally, some suggest that if a health care provider tests HIV positive that he or she should be required to disclose this information to all involved patients. Since there is no preexisting legislation on mandated HIV testing for health care professionals, one must apply broader, more ambiguous interpretations of the Constitution in order to mount cases both for and against the implementation of required HIV testing [Notre Dame J. of Law]. The Amendments of the Constitution that are most applicable to the debate over required HIV testing are the Fifth and Fourteenth Amendments, which contain elements of the right to equal protection, and the fourth amendment, which contains elements of the right to privacy. The Fifth Amendment involves the role of the federal government, as opposed to th e Fourteenth Amendment which addresses the role of state governments [Notre Dame J. of Law]. An excerpt from the Fourteenth Amendment of the Constitution is given below: "†¦No state shall†¦deny to any person within its jurisdiction the equal protection of the laws." (The Constitution of the United States of America can be viewed in its entirety at http://www.publicadministration.net/resources/the-united-states-constitution/ ) The Fourteenth Amendment states rather clearly that citizens have the right to equal protection, but the Fifth Amendment does not express this right in such an explicit manner. However, Supreme Court rulings have cited the Fifth Amendment as a source of the right to equal protection through due process in various cases [Notre Dame J. of Law]. An American citizen's fundamental right to privacy is supplied by the Fourth Amendment. This amendment, as stated below, is traditionally known as the Search and Seizure Amendment. "The right of HIV and AIDS: How Has It Developed? :: HIV AIDS Diseases Health Essays How Has It Developed? Only within the last two decades have HIV and AIDS become largely visible in the United States and across the globe. It may appear that there is virtually a void in legislation dealing with HIV and AIDS because of the relatively recent increase in public awareness. Perhaps, though, this lack of legislation should not be surprising considering the fact that almost no other specific illnesses are the target of direct legislation. The rights of patients are often the topic of new laws; however, exact diseases or disorders are not usually expounded upon in these broader forms of legislation. The situation involving the possible transmission of HIV to Kimberly Bergalis from her dentist provoked many calls for specific legislation requiring medical professionals to be tested for HIV. Additionally, some suggest that if a health care provider tests HIV positive that he or she should be required to disclose this information to all involved patients. Since there is no preexisting legislation on mandated HIV testing for health care professionals, one must apply broader, more ambiguous interpretations of the Constitution in order to mount cases both for and against the implementation of required HIV testing [Notre Dame J. of Law]. The Amendments of the Constitution that are most applicable to the debate over required HIV testing are the Fifth and Fourteenth Amendments, which contain elements of the right to equal protection, and the fourth amendment, which contains elements of the right to privacy. The Fifth Amendment involves the role of the federal government, as opposed to th e Fourteenth Amendment which addresses the role of state governments [Notre Dame J. of Law]. An excerpt from the Fourteenth Amendment of the Constitution is given below: "†¦No state shall†¦deny to any person within its jurisdiction the equal protection of the laws." (The Constitution of the United States of America can be viewed in its entirety at http://www.publicadministration.net/resources/the-united-states-constitution/ ) The Fourteenth Amendment states rather clearly that citizens have the right to equal protection, but the Fifth Amendment does not express this right in such an explicit manner. However, Supreme Court rulings have cited the Fifth Amendment as a source of the right to equal protection through due process in various cases [Notre Dame J. of Law]. An American citizen's fundamental right to privacy is supplied by the Fourth Amendment. This amendment, as stated below, is traditionally known as the Search and Seizure Amendment. "The right of