Testing Public Health Ethics: Why the CDC's HIV Screening Recommendations May Violate the Least Infringement Principle

  1. Matthew W. Pierce1,
  2. Suzanne Maman2,
  3. Allison K. Groves3,
  4. Elizabeth J. King4,
  5. Sarah C. Wyckoff5

Article first published online: 11 MAY 2011

DOI: 10.1111/j.1748-720X.2011.00595.x

Issue

The Journal of Law, Medicine & Ethics

The Journal of Law, Medicine & Ethics

Volume 39, Issue 2, pages 263–271, Summer 2011

Additional Information

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

Author Information

  1. 1

    Research Associate at the University of North Carolina Injury Prevention Research Center.

  2. 2

    Associate Professor in the Department of Health Behavior and Health Education at the University of North Carolina Gillings School of Global Public Health in Chapel Hill, North Carolina.

  3. 3

    Doctoral student in the department of Health Behavior and Health Education at the University of North Carolina Gillings School of Global Public Health in Chapel Hill, North Carolina.

  4. 4

    Postdoctoral fellow with the Center for Interdisciplinary Research on AIDS at Yale University.

  5. 5

    Doctoral student in the Department of Health Behavior and Health Education at the University of North Carolina Gillings School of Public Health in Chapel Hill, North Carolina.

Publication History

  1. Issue published online: 11 MAY 2011
  2. Article first published online: 11 MAY 2011

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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.

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