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KMID : 0986720140220020033
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Korean Journal of Medicine and Law
2014 Volume.22 No. 2 p.33 ~ p.69
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Informed Consent Legislature on HIV / AIDS testing considering medical prognosis change
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Bae Hyun-Ah
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Abstract
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HIV/AIDS testing is one of the sensitive issues such as genetic testing. HIV infection could be a lifelong condition but result in social and economic exclusion unparalleled by other current health conditions. Moreover, advance in treatment means that HIV/AIDS is no longer the death sentence. These changes in prognosis of AIDS should be reflected to AIDS related legislature and needs re-conceptualization of the liability related with HIV/AIDS and consent law in HIV/AIDS testing. The change in legislature such as consent law in HIV testing could affect the quality of public health including HIV/AIDS patients and their families. That is one of the reasons of AIDS exceptionalism that is the notion being diagnosed with HIV is so different from other diagnosis and must be handled very differently.
Although testing for HIV involves social risk and medical benefits unlike testing for other disease, the patient consent in HIV/AIDS test is not legally required more than that of general medical practice in Korea.
By the PREVENTION OF ACQUIRED IMMUNODEFICIENCY SYNDROME ACT, Any doctor or medical institution that has diagnosed an infected person or performed an autopsy of an infected person shall immediately report the fact of such diagnosis or autopsy to the head of the competent public health center, as prescribed by Ordinance of the Ministry of Health and Welfare, inform such infected person, his/her spouse (including a de facto partner; hereinafter the same shall apply) and his/her sexual partner of matters necessary for preventing the spread of AIDS and guide them to comply with such matters. In such cases, such doctor or medical institution shall take the opinions of the infected person into consideration as much as possible.
Although informed consent is a legal concept and it is central values of individual autonomy and dignity, there could be legal barriers to implement consent law in HIV testing those are confidentiality of test results and disclosure of the test results. Therefore public health policy needs to balance benefit to the society as a whole against risks that fall on individuals who are subjected to public health measure.
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KEYWORD
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HIV testing, HIV/AIDS exceptionalism, quality of life, Informed consent
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