Testing Public Health Ethics: Why the CDC's HIV Screening Recommendations May Violate the Least Infringement Principle
Version of Record online: 11 MAY 2011
© 2011 American Society of Law, Medicine & Ethics, Inc.
The Journal of Law, Medicine & Ethics
Volume 39, Issue 2, pages 263–271, Summer 2011
How to Cite
Pierce, M. W., Maman, S., Groves, A. K., King, E. J. and Wyckoff, S. C. (2011), Testing Public Health Ethics: Why the CDC's HIV Screening Recommendations May Violate the Least Infringement Principle. The Journal of Law, Medicine & Ethics, 39: 263–271. doi: 10.1111/j.1748-720X.2011.00595.x
- Issue online: 11 MAY 2011
- Version of Record online: 11 MAY 2011
The CDC's HIV screening recommendations for health care settings advocate abandoning two important autonomy protections: (1) pretest counseling and (2) the requirement that providers obtain affirmative agreement from patients prior to testing. The recommendations may violate the least infringement principle because there is insufficient evidence to conclude that abandoning pretest counseling or affirmative agreement requirements will further the CDC's stated public health goals.