Academic journal article Research Quarterly for Exercise and Sport

Is It Illegal to Transmit HIV/AIDS? the Laws Health Educators May Not Know about or Teach

Academic journal article Research Quarterly for Exercise and Sport

Is It Illegal to Transmit HIV/AIDS? the Laws Health Educators May Not Know about or Teach

Article excerpt

Health textbooks are often lacking information on legal issues concerning HIV/AIDS. However, health educators have a duty to teach accurate information on HIV/AIDS prevention and transmission. The Centers for Disease Control and Prevention (CDC, 2006) has estimated that 40,000 new cases of HIV/AIDs are reported each year. Approximately 1,280,000 diagnosed individuals in the U.S. have AIDS. Of women who have HIV/AIDS, 78% were infected by heterosexual contact. Among men, 81% were infected through homosexual and heterosexual contact (CDC 2006). Some individuals knowingly transmit the HIV virus to other people. This study investigates the legal aspects of transmitting HIV/AIDS. The study uses standard legal research methodology, including an examination of appellate court decisions, statutes, constitutions, and administrative regulations. A discussion of appellate court decisions is presented that is helpful to the health educator and to the development of school and businesses policy. State statutes are presented. Conclusions are drawn based on standard legal research methodology. The results of the investigation include issues related to assault criminal felony, assault with a dangerous instrument or dangerous weapon, wanton endangerment, child molestation, attempted murder, order to protect and failure of schools to protect. For example, in Ohio a person's failure to disclose being HIV positive and then having sexual intercourse is a felonious assault. …

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