AHF Says 'Op-Out' Clause is Crucial to New Jersey Law Requiring HIV Testing of
Pregnant Women
Goal: Increase Testing While Preserving Choice
SACRAMENTO, Calif., Dec. 26 /PRNewswire-USNewswire/ -- AIDS Healthcare
Foundation (AHF), the operator of the largest non-government HIV testing
program in California, today offered its qualified support for a new HIV
testing protocol signed into law yesterday in New Jersey by Acting Governor
Richard J. Codey. The legislation requires the routine testing of pregnant
women and some newborns for HIV, a policy that has met with criticism from the
American Civil Liberties Union (ACLU) and certain women's groups. AHF, which
has recently spearheaded and partnered in a groundbreaking HIV testing
initiative in California to conduct one million free HIV tests over the next
three years with the City of Los Angeles, notes that the most crucial
component of the New Jersey legislation is a clause in the bill allowing a
woman the choice to opt out of the testing should she so choose.
According to an Associate Press article earlier today, "The bill allows women
to opt out of the HIV testing, but critics contend the screening will deprive
women of their right to make medical decisions." AP also noted that, "New
Jersey has required providers only to offer HIV testing to pregnant women.
Under the new law, HIV testing will be part of routine prenatal care for all
pregnant women, and doctors will provide pregnant woman with information about
HIV and AIDS. It also requires newborns to be tested when the mother has
tested positive or her HIV status is unknown."
"AHF supports the widespread and greatly increased availability of HIV testing
in the US and overseas; however, we are firmly against mandatory testing for
HIV. Our position has been, and remains in support of routine HIV testing with
an 'opt out' clause--as is the current testing protocol for pregnant women
with regard to rubella, hepatitis C, and certain other communicable
diseases--and has now been incorporated into this new law in New Jersey," said
Whitney Engeran, III, Director of Public Health Division for AIDS Healthcare
Foundation. "Requiring a patient to opt out of a test rather than having to
volunteer for a test is a policy and legislative decision that will clearly
result in more women being tested, while also preserving their right to choose
to test or not."
"From a public health perspective, this legislation allows New Jersey to get a
better handle on its HIV incidence while also affording many in need the
chance to access care and services for their HIV disease sooner," said Joseph
Terrill, Acting Director of Public Affairs for AIDS Healthcare Foundation.
"Consistent with recent CDC recommendations, this legislation should help
normalize the process of testing by making HIV screening a routine part of
medical care while preserving the crucial and empowering option of choice in
the process."
Changes in Federal Guidelines on HIV Testing
On September 22, 2006, the Centers for Disease Control and Prevention issued
its "Revised Recommendations for HIV Testing." In that document, the CDC
strongly urged routine HIV screening of all persons in a health care setting.
This new bill will serve to modernize New Jersey law and enable the state to
meet CDC expectations while preserving a woman's right to opt out of testing
should she so choose.
According to the CDC, "HIV infection is consistent with all generally accepted
criteria that justify screening: HIV infection is a serious health disorder
that can be diagnosed before symptoms develop; HIV can be detected by
reliable, inexpensive, and noninvasive screening tests; Infected patients have
years of life to gain if treatment is initiated early, before symptoms
develop; and the costs of screening are reasonable in relation to the
anticipated benefits."
About AHF
AIDS Healthcare Foundation (AHF) is the nation's largest non-profit HIV/AIDS
healthcare, research, prevention and education provider. In California, AHF
operates the largest non-government HIV testing program, which conducts more
than 15,000 HIV tests annually. AHF currently provides medical care and/or
services to more than 61,000 individuals in 19 countries worldwide in the US,
Africa, Latin America/Caribbean and Asia. Additional information is available
at www.aidshealth.org
SOURCE AIDS Healthcare Foundation
Ged Kenslea, +1-323-860-5226, Mobile: +1-323-791-5526, gedk@aidshealth.org, or
Lori Yeghiayan, +1-323-860-5227, Mobile: +1-323-377-4312,
lori.yeghiayan@aidshealth.org, both of AIDS Healthcare Foundation
