Human Immunodeficiency Virus-Infected Health Care Workers: The Restoration of Professional Authority

Abstract

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.