Donald T. Dickson, HIV, AIDS, and the Law.Hawthorne, NY: Aldine de Gruyter, 2001. $49.95 hardcover, $24.95 papercover Dickson attempts to integrate two fields of knowledge (law and social work) by choosing selectively those laws having particular relevance to social work practice in the area of HIV/AIDS HIV/AIDS Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome . The book is divided into three parts. The first part presents foundation material on both the epidemiology of HIV/AIDS and on the legal and social policy context. The second part discusses ethical and legal bases for practice in the HIV/AIDS area by covering privacy, confidentiality, civil rights, and discrimination. The third part discusses families and children issues such as criminal law; worker liability; workplace testing and discrimination; insurance; and corrections. The chapters describe variations in laws by drawing upon court cases and statutes from across the country. The first part of this book dealing with foundations addresses the epidemiology and the legal and social policy context of HIV/ AIDS. It addresses worldwide data on the pandemic pandemic /pan·dem·ic/ (pan-dem´ik) 1. a widespread epidemic of a disease. 2. widely epidemic. pan·dem·ic adj. Epidemic over a wide geographic area. n. and characteristics of the epidemic on special populations in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. using recent federal data. The chapter looks at epidemiological changes over time, changes in case conversions to AIDS, and changes in medications. The critical Supreme Court decision that asymptomatic HIV infection asymptomatic HIV infection AIDS A state in which HIV is present in a person without signs of clinical disease; AIDS may follow infection by HIV by up to 10 yrs. See AIDS, HIV. is a disability is noted. The second foundations chapter addresses basic legal and social policy foundations which provides for unique treatment of HIV/AIDS under the laws--sometimes called "AIDS exceptionalism ex·cep·tion·al·ism n. 1. The condition of being exceptional or unique. 2. The theory or belief that something, especially a nation, does not conform to a pattern or norm. ". This policy distinction discusses how AIDS is viewed separately from other public health threats covered by laws. The chapter also covers a basic overview of the sources and types of laws and of methods for conducting legal research. The second section of the book covers ethical and legal aspects of HIV/AIDS laws that impact social work practice. Policy issues are reflected in laws on privacy and confidentiality in the context of civil rights and discrimination. Two critical areas of disabilities law (Americans with Disabilities Act Americans with Disabilities Act, U.S. civil-rights law, enacted 1990, that forbids discrimination of various sorts against persons with physical or mental handicaps. and Section 504 of the Rehabilitation Act) cover protections from discrimination for those with disabilities. This section also addresses how ethics and law come together to inform practice, and notes as well ways that ethics and laws diverge. The third section of the book covers a panoply pan·o·ply n. pl. pan·o·plies 1. A splendid or striking array: a panoply of colorful flags. See Synonyms at display. 2. of HIV/AIDS issues where laws and social policies intersect with social work practice. Covered are children and family issues such as mandatory testing, mandatory treatments, school-based issues, and custody issues. Approaches to control and penalize pe·nal·ize tr.v. pe·nal·ized, pe·nal·iz·ing, pe·nal·iz·es 1. To subject to a penalty, especially for infringement of a law or official regulation. See Synonyms at punish. 2. transmission of HIV HIV (Human Immunodeficiency Virus), either of two closely related retroviruses that invade T-helper lymphocytes and are responsible for AIDS. There are two types of HIV: HIV-1 and HIV-2. HIV-1 is responsible for the vast majority of AIDS in the United States. receive attention. Criminal offenses, enhanced sentencing, and involuntary testing laws are summarized. The practitioner's legal liability is discussed. Privacy, confidentiality, and duty to warn duty to warn AIDS A legal concept indicating that a health care provider who learns that an HIV-infected Pt is likely to transmit the virus to another identifiable person must take steps to warn that person have been persistent questions important to practitioners as the pandemic persists. AIDS in the workplace issues also impact practice, and legal issues such as hiring practices, workplace testing, and infected workers are discussed. Lastly, HIV/AIDS and health coverage and HIV/AIDS in correctional settings are briefly noted. For social work practitioners who want a very general overview of how laws intersect with HIV/AIDS services, this excellent text provides just the kind of brief summary of laws that they will find useful. It encapsulates legal issues and gives guidance to trends in laws from a national perspective. The chapters are pithy pith·y adj. pith·i·er, pith·i·est 1. Precisely meaningful; forceful and brief: a pithy comment. 2. Consisting of or resembling pith. and to the point and written in a language that gives clear focus on the laws without detailing the debates or controversies behind the laws. Even when court decisions are cited, the quotes clarify decisions and avoid general debates over legal and social policy controversies. This text is not meant for practitioners who want to examine philosophical controversies behind the laws impacting specific practice decisions. This text does not address practitioner questions on specific cases--it suggests general directions in HIV/AIDS law. What this text does well is to summarize general laws relative to various topics where social policy and social work practice intersects in the HIV/AIDS arena. It suggests that broader social policy (such as AIDS exceptionalism or public health protections) may guide the philosophy of the laws. The critical reader will want to go beyond these legal summaries to examine how each piece of the puzzle provided in law contributes to the overall policy debate. These summaries tangentially tan·gen·tial also tan·gen·tal adj. 1. Of, relating to, or moving along or in the direction of a tangent. 2. Merely touching or slightly connected. 3. bring the policy arena to the fore for critical analysis. As the worldwide HIV/AIDS pandemic continues to mount, social policies, which coherently promote health and human rights, are essential to social development. A human rights analysis of laws is essential. This text's summaries do not analyze how the laws may contribute to well being or ways they may mire mire (mer) [Fr.] one of the figures on the arm of an ophthalmometer whose images are reflected on the cornea; measurement of their variations determines the amount of corneal astigmatism. mire n. people in further suffering. Without critical analysis, laws can be instruments of coercion and power, not health and well being. Ronald J. Mancoske Southern University at New Orleans |
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