Abstract

KIE: At the British Medical Association's 1987 conference, members approved a statement, contrary to the Association's official policy, that testing for human immunodeficiency virus (HIV) infection "should be at the discretion of the patient's doctor and should not necessarily require the consent of the patient." Brahams considers whether the practice is unlawful. General consent for treatment that requires blood tests could include HIV tests if not expressly excluded, but might be invalid if deception was involved. The mentally incompetent may be tested as good medical practice demands. Brahams also discusses the legal aspects of confidentiality and disclosure of HIV status to various third parties, and the legal liability and legal claims of HIV infected persons. She concludes that the law could be used to control the spread of AIDS by regulating behavior.