Politics

Mandatory HIV Testing Coming to the Garden State?

pO157.

Posted to Politics on Mon May 14, 2007 at 12:37:38 AM EST (promoted by port1080). RSS.

Ma'am, you'll have to take the test.

Under a new proposal by the head of the state senate, New Jersey would be the first in the country to require mandatory HIV testing for both the mother and infant. The mother would be required to submit to HIV testing after she becomes pregnant and again during the third trimester.

HIV testing by mandate is not without precedent. Some states require all prison inmates to be tested for it, even though they have a " constitutional right to refuse treatment," and there are bills pending to require this for all federal prisoners. In other places, being a pimp will require a date with the needle, as well.

Nobody doubts the horror of the HIV/AIDS epidemic. However, some disagree with this plan, stating that it violates a woman's right to make childbearing and medical decisions.

The sponsor of the legislation called the proposed plan a "no brainer."  

Tags: edited by Port1080, written by pO157, NJ, New Jersey, AIDS, HIV, testing, pregnancy, welfare, child, mother, disease, virus, government, law, epidemic (all tags)

This story: 35 comments (6 from subqueue)
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9

Quick question

Lou.

Tue May 15, 2007 at 05:32:36 PM EST

5.00 (astute)

I read through the links and probably missed the obvious answer...but is this going to be for all woman...or just those in "risk groups".  Or, to put it bluntly...will the rich white folks have to line up for the test?  I'd like to see that.

It's the end of the world as we know it, and I feel fine

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Re: Quick question

zyxwvutsr.

Tue May 15, 2007 at 08:01:46 PM EST

5.00 (informative)

is this going to be for all woman[?]
No, only the pregnant ones.

...will the rich white folks have to line up for the test?
Only the pregnant ones.

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rimshot

Lou.

Tue May 15, 2007 at 08:32:17 PM EST

none

sooo funny...man, you take me out of context almost as good as a conservative.

It's the end of the world as we know it, and I feel fine

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Re: rimshot

zyxwvutsr.

Tue May 15, 2007 at 09:33:53 PM EST

none

Out of what context? It seemed as if you were implying that, somehow, this proposed law would not apply to rich, white people.

I mean, how absurd is that? Such a law would be unconstitutional on its face.

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Re: rimshot

Lou.

Tue May 15, 2007 at 10:27:41 PM EST

3.00 (obnoxious, obnoxious)

Oh it will be written for all people...rich/poor, white/whatever...but seriously... do you think the good rich ladies of Somerset County New Jersey are going to line up for mandatory HIV testing?

Like I said, I'd like to see that.

It's the end of the world as we know it, and I feel fine

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^ 14

PS

Lou.

Tue May 15, 2007 at 10:38:42 PM EST

5.00 (offtopic)

Rombuu?  Kiss my ass.

It's the end of the world as we know it, and I feel fine

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Re: rimshot

thefadd.

Tue May 15, 2007 at 10:36:45 PM EST

none

My question is how exactly they plan to enforce this. I tried reading in the links but didn't find too many details. Would this be enforced at the ob/gyn level? Lou brings up an excellent point -- most people who have the money and are smart about it will be go for births outside traditional hospital facilities anyway.

make it rain you nappy headed ho's

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Re: rimshot

zyxwvutsr.

Wed May 16, 2007 at 09:12:14 AM EST

none

My question is how exactly they plan to enforce this
That's an excellent question because this is the first law ever that tells doctors that they must do certain things when treating patients. Until now public health measures have been entirely at the whim of physicians, with no legal oversight at all.
Lou brings up an excellent point -- most people who have the money and are smart about it will be go for births outside traditional hospital facilities anyway
That's the craziest thing anyone's written in this discussion. Where do you suppose that wealthy women go to give birth? To a spa? In a high-rollers' area in an Atlantic City casino? In the dressing room at Saks?

Neither you nor Lou is making any sense. Why would a wealthy pregnant woman not want to go to a hospital?

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Re: rimshot

pO157.

Wed May 16, 2007 at 01:36:11 PM EST

none

That's the craziest thing anyone's written in this discussion. Where do you suppose that wealthy women go to give birth? To a spa? In a high-rollers' area in an Atlantic City casino? In the dressing room at Saks?

Neither you nor Lou is making any sense. Why would a wealthy pregnant woman not want to go to a hospital?

'Birthing centers', for one. I am sure there are other alternatives as well. But basically, many of the testimonials (at least to me) scream "I've got money!"

Honestly, at least to me, half of the pitch for one of these facilities is the fact it's not located in some gangwar-torn inner city hell hole and you won't be in an assembly room labor & delivery area surrounded by dozens of women moaning and screaming. So yeah.

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Re: rimshot

pO157.

Wed May 16, 2007 at 08:37:22 AM EST

none

Oh it will be written for all people...rich/poor, white/whatever...but seriously... do you think the good rich ladies of Somerset County New Jersey are going to line up for mandatory HIV testing?

This is a decent point, something I have wondered about myself. On a related note the giant mega hospital where I live (in the inner city heck-hole) teamed up with some local "concerned action (faith based?) group" that was worried about all of the "bad parenting" that was going on. Therefore, every woman who gives birth from now on will be visited at her bedside in the recovery room afterwards by some busybody interlopers from said group and coached with helpful advice on how to be a good parent.

Now, I wondered when I heard this plan: Do you really think the hospital administrators are going to allow these folks to visit/bother the educated, rich mothers who land in hospital to give birth? Or, will they try to protect their revenue (its hard to run an inner city facility on just Medicaid patients!) by not insulting the intelligence of these groups of new parents?

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Re: rimshot

zyxwvutsr.

Wed May 16, 2007 at 09:16:03 AM EST

none

I wondered when I heard this plan: Do you really think the hospital administrators are going to allow [some busybody interlopers] to visit/bother the educated, rich mothers who land in hospital to give birth?
The proposed law is about HIV testing, and has nothing whatsoever to do with "concerned action (faith based?) group[s]."

Why are you guys so paranoid?

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Wrong Question

Lou.

Wed May 16, 2007 at 04:12:00 PM EST

5.00 (astute)

Why are you guys so paranoid?

The question is, are we paranoid enough?

It's the end of the world as we know it, and I feel fine

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Re: rimshot

zyxwvutsr.

Wed May 16, 2007 at 09:01:50 AM EST

none

...but seriously... do you think the good rich ladies of Somerset County New Jersey are going to line up for mandatory HIV testing?
Actually, I don't think anyone will "line up" for HIV testing. It will be done at their physician's office, during routine prenatal checkups, and the pregnant women will almost certainly be seated or supine, in a private setting.

Can you think of any reason whatsoever why "the good rich ladies of Somerset County" (I assume you meant only the pregnant ones - and, by the way, Somerset County is not an especially wealthy area) would not consult with an ObGyn during their pregnancies? Can you think of any reason whatsoever for their doctors not to perform legally-mandated blood tests?

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My bad

Lou.

Wed May 16, 2007 at 04:21:41 PM EST

4.00 (informative)

Somerset County is not an especially wealthy area

Ok, it's not wealthy...but, from the link I so thoughtfully provided...

The median income for a household in the county was $76,933 and the median income for a family was $90,605. Males had a median income of $60,602 versus $41,824 for females. The per capita income for the county was $37,970. The poverty rate is 1.7%, the lowest of any county in the United States with 250,000 or more people..

It's the end of the world as we know it, and I feel fine

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Re: rimshot

pO157.

Wed May 16, 2007 at 10:55:56 AM EST

none

Can you think of any reason whatsoever why "the good rich ladies of Somerset County" (I assume you meant only the pregnant ones - and, by the way, Somerset County is not an especially wealthy area) would not consult with an ObGyn during their pregnancies? Can you think of any reason whatsoever for their doctors not to perform legally-mandated blood tests?

I can see a definite incentive for a doctor to not test in certain cases. Not for the right reasons, mind you. If he/she is a doctor catering to the well-heeled in suburbia, and some upper crust woman comes in to the office pregnant would he risk insulting a wealthy patient/customer by requiring she be tested for HIV? Remember, there is still quite the social stigma attached to this disease and I would wager more than a few healthcare providers would mark the state forms negative rather than risk having a well off client storm out the clinic door in an offended huff.

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Re: rimshot

gerrymander.

Wed May 16, 2007 at 10:46:43 AM EST

none

do you think the good rich ladies of Somerset County New Jersey are going to line up for mandatory HIV testing?

I think this is the first time I've seen anyone suggest that one of the benefits of being rich is to not have all medical needs met.

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couldn't have said it better myself

thefadd.

Wed May 16, 2007 at 06:56:47 PM EST

5.00 (astute)

I think this is the first time I've seen anyone suggest that one of the benefits of being rich is to not have all medical needs met.

Such is the state of profit-driven american medicine today.

make it rain you nappy headed ho's

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^ 14

Re: rimshot

humorlesscretin.

Thu May 17, 2007 at 09:57:43 AM EST

none

The good rich ladies of Somerset County won't even notice one more tube among the bunch they're already getting drawn for standard insurance-mandated prenatal testing.  Their doctors won't call attention to the fact that 1 is for HIV testing, and the women won't bother to read the release they sign explaining it.

I don't really see the issue here.  Are you worried that your wife's precious bodily fluids will be polluted by the testing or something?

Humorless. Cretinous. What'd you expect?

32

^ 31

Re: rimshot

Lou.

Thu May 17, 2007 at 12:29:09 PM EST

5.00 (funny, brilliant)

"I don't really see the issue here.  "

The issue is the idea of mandatory testing.  That's all.  In the realm of things, as long as medical privacy is maintained and the results are used for treatment and prevention, rather than exclusion, then no...no big thing here.

"Are you worried that your wife's precious bodily fluids will be polluted by the testing or something?"

That's kind of a stupid question, don't ya think?  I mean, give me some credit, eh.  And as far as my ex-wife is concerned...she sells small quantities of her blood to rainforest tribesman who dip their arrow heads into the "precious bodily fluid".   You know...cuz it's toxic and all.

It's the end of the world as we know it, and I feel fine

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Re: rimshot

pO157.

Thu May 17, 2007 at 02:19:01 PM EST

none

The issue is the idea of mandatory testing.  That's all.  In the realm of things, as long as medical privacy is maintained and the results are used for treatment and prevention, rather than exclusion, then no...no big thing here.

Preach it, brother! Testify!

34

^ 32

Re: rimshot

humorlesscretin.

Fri May 18, 2007 at 12:45:50 AM EST

none

The issue is the idea of mandatory testing.  That's all.  In the realm of things, as long as medical privacy is maintained and the results are used for treatment and prevention, rather than exclusion, then no...no big thing here.

Of course the results will be used for exclusion if the doctor/hospital wants to do so... this is NJ we're talking about here, ethics is a college course rather than something you do in your daily life.*  In practice it'll just be one more excuse for bill inflation in most cases.  All that said, I would expect an HIV test to be standard procedure for admittance in most cases so the hospital knows if extra precautions are required for that patient; making this law just makes it easier on hospitals.

* My apologies to the horde of honest Jerseyans about to fall on me for that remark, but I've had enough relatives suffer from assorted flavors of medical incompetence in Jersey, only to have it waved off with a breezy "Accidents happen", that I expect nothing remotely resembling ethical behavior from NJ's assorted medical practitioners.

Humorless. Cretinous. What'd you expect?

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Re: rimshot

humorlesscretin.

Fri May 18, 2007 at 12:56:36 AM EST

none

Forgot to respond to this in my previous post, sorry.

"Are you worried that your wife's precious bodily fluids will be polluted by the testing or something?"

That's kind of a stupid question, don't ya think?  I mean, give me some credit, eh.

Well, it was intended as a sarcastic rhetorical question.  You answered it straight, so how much credit do you think you deserve?

Humorless. Cretinous. What'd you expect?

1

R to the I to the D I C U L O U S

pO157.

Tue May 15, 2007 at 09:38:21 AM EST

none

You know, I am all for at-risk people learning their HIV status as much as the next guy, but forcing the mother to go ahead and undergo medical procedures? This sets a horrible precedent.

Why, in a few short years individual genomes will be able to be sequenced for pretty cheap. All you'd need then is the right fancy pants software and enough knowledge about various genes implicated in causing disease and you'd be able to figure out the genetic 'fitness' of each person to raise a child. Sure, forcing each prospective mother (and father?) to undergo these tests would be "for their own good" or "for the greater good" but is this really a road we want to go down?

I vote no.

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^ 1

Re: R to the I to the D I C U L O U S

wetkarma.

Wed May 16, 2007 at 06:20:56 AM EST

5.00 (interesting)


You know, I am all for at-risk people learning their HIV status as much as the next guy, but forcing the mother to go ahead and undergo medical procedures? This sets a horrible precedent.

Phrased that way it does sound pretty appalling. Except in my (albeit nuanced) view a blood test doesn't really rise to the connotation level invokved by saying "medical procedure".

I would assume that an entire battery of tests are performed as de-rigeur for expectant mothers -- gestational diabetes, TB, HIV...it all seems fairly logical to me. You go to a hospital by choice, they have standard scientific medical practices they do -- from checking your blood pressure to shoving pieces of glass up your rectum (sure they SAY its for temperature checking).

In any event when weighing the harm vs. the good -- whats the significant harm here? Lets say that (in the future) based on this precedent you and your kid are automatically subjected to a genetic screening for diseases when you go to a hospital. Isn't it still a big leap to imply that medical actions such as abortion/genetic modifications are going to automatically be taken against the consent of the mother based on those results?

Personally part of the reason I hate hospitals is that they are breeding grounds for all kinds of viruses -- wilfully ignoring the presence of HIV in patients seems like a poor strategy to me. If it were economic, every time someone did a blood test I'd want to see screening for every blood borne disease known to man...not just the biggies.

Memory is a strange bell, jubilee and knell.

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Re: R to the I to the D I C U L O U S

pO157.

Wed May 16, 2007 at 08:29:06 AM EST

none


I would assume that an entire battery of tests are performed as de-rigeur for expectant mothers -- gestational diabetes, TB, HIV...it all seems fairly logical to me. You go to a hospital by choice, they have standard scientific medical practices they do -- from checking your blood pressure to shoving pieces of glass up your rectum (sure they SAY its for temperature checking).

In any event when weighing the harm vs. the good -- whats the significant harm here? Lets say that (in the future) based on this precedent you and your kid are automatically subjected to a genetic screening for diseases when you go to a hospital. Isn't it still a big leap to imply that medical actions such as abortion/genetic modifications are going to automatically be taken against the consent of the mother based on those results?

You know, I agree in part. I would rather see everybody get tested for HIV, etc before they decide to have a child. However, patients of adult age and competent mind should always (except under extremely narrow and limited circumstances) have the right to opt out and refuse treatment. If, for whatever reason, a person does not want to get tested for various diseases then unfortunately that should be their call. We allow this in cases of religious people who believe getting a vaccine for the mumps would be against their belief system, even though it puts humanity at risk of another outbreak (on an unrelated note, would it be possible for me to go into the archive and find an old story that isn't contaminated with reams of junk posts from spam bots?). These tests should certainly be offered to every person when they go see a doctor. Offered, but not required.

Making them mandatory is what bothers me.

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Re: R to the I to the D I C U L O U S

pO157.

Wed May 16, 2007 at 08:50:57 AM EST

none

Lets say that (in the future) based on this precedent you and your kid are automatically subjected to a genetic screening for diseases when you go to a hospital. Isn't it still a big leap to imply that medical actions such as abortion/genetic modifications are going to automatically be taken against the consent of the mother based on those results?

Oh, nuts, I forgot to reply to this part. I don't think I was implying that the hospital would go ahead and "genetically modify" or abort potential offspring without consent. Jesus, that would be scary. In regards to high throughput genetic screening, all I am saying is, there are valid reasons why people would not want to be tested for various diseases. One textbook example, Huntington's disease. Simply, if you have the altered gene that causes it you will ultimately die a slow, horrible, shaky, neurodegenerative death. However, the symptoms may not appear for decades, and as such getting tested for it is something that the patients are often counseled against because the results of such testing before symptoms even appear have destroyed people's lives much quicker than the disease ever would. Imagine being in the recovery room after you deliver your child and the doctor says "Hey, guess what? We ran your genome through the system as a mandatory government service and uhhh, yeah. Don't worry about that retirement fund." Do we really want to go down that road?

2

^ 1

Re: R to the I to the D I C U L O U S

zyxwvutsr.

Tue May 15, 2007 at 11:15:43 AM EST

none

The NJ HIV testing is not "for the greater good" but for the welfare of individual infants. Which really is a road we want to go down, I think.

3

^ 1

Re: R to the I to the D I C U L O U S

gerrymander.

Tue May 15, 2007 at 12:44:58 PM EST

none

but forcing the mother to go ahead and undergo medical procedures? This sets a horrible precedent.

Well, no. It continues the precedent set in the middle of the last century, when forcing medical procedures upon infants all but eliminated polio and other diseases responsible for crippling deformities and high childhood mortality rates. AIDS may not currently have a cure, but it does have a treatment. If "preventative medicine" means anything, it certainly mean identifying treatable illnesses before the patient requires emergency care.

4

^ 3

Re: R to the I to the D I C U L O U S

thefadd.

Tue May 15, 2007 at 02:58:46 PM EST

5.00 (astute)

Check out the small government proponents chiming in to support government intervention when it props up medical industry profits.

make it rain you nappy headed ho's

5

^ 4

Re: R to the I to the D I C U L O U S

zyxwvutsr.

Tue May 15, 2007 at 03:35:29 PM EST

none

Check out the small government proponents...
Most small government proponents I've heard are concerned about the scope of federal power, not state power.

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Re: R to the I to the D I C U L O U S

pO157.

Tue May 15, 2007 at 04:06:51 PM EST

none

Most small government proponents I've heard are concerned about the scope of federal power, not state power.

And all the gun rights groups on the internet moaning and groaning about licensing laws for their pistol permits are complaining about federal power?

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^ 6

Re: R to the I to the D I C U L O U S

gerrymander.

Tue May 15, 2007 at 05:03:55 PM EST

none

When those licensing laws are upheld through the expectation of a "collective-rights" reading of the 2nd Amendment, yes.

10

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Re: R to the I to the D I C U L O U S

zyxwvutsr.

Tue May 15, 2007 at 07:59:07 PM EST

none

And all the gun rights groups on the internet moaning and groaning about licensing laws for their pistol permits are complaining about federal power?
I think they're mostly complaining that their constitutional rights are being violated.

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Re: R to the I to the D I C U L O U S

gerrymander.

Tue May 15, 2007 at 05:02:12 PM EST

none

props up medical industry profits

Except that it doesn't. Vaccinations don't have a lot of profit potential, in no small part because government agencies buy so much of the supply. Remember the flu vaccine shortage from a few years back? That was a side effect of (among other things) too few producers -- something which doesn't happen when there's easy money on the hoof.

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Re: R to the I to the D I C U L O U S

thefadd.

Tue May 15, 2007 at 10:33:03 PM EST

none

Vaccinations

Who said anything about vaccinations?

make it rain you nappy headed ho's

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