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HIV Law-Infecting partners in FL

HIV Law-Infecting partners in FL - transmitted diseases the...

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Learning Issue: Laws HIV-MH This was a very hard learning issue to find. Many states have different laws and regulations depending on how they are funded. So, I did my best, and we can discuss further on Monday how we can make this a better learning issue, and I will be glad to do it again. In my reading, I did find that Florida was one of the highest HIV states, and was one of the first to implement a name base system for tracking HIV positive patients. In addition, they have a law for infecting unknowing partners who did not give consent with STD’s. B. INVOLUNTARY MEASURES The ground rules for taking action against someone with HIV infection who endangers the public health are the same as those that apply to someone with a sexually transmissible disease. See §§384.26 to 384.288, F.S. In addition to its independent authority to investigate the source of sexually
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Unformatted text preview: transmitted diseases, the Department of Health also has the power, with the permission of a court, to take an individual into custody, perform an HIV test without consent, hospitalize, and even isolate the person. The law requires the Department to meet increasingly higher burdens of proof as the restrictions on a person's freedom increase. It also gives non-consenting individuals a variety of important due process protections. It bears emphasizing that it is a criminal act for an HIV-infected person to have sexual intercourse with another absent such person knowing about the disease and consenting to the sexual intercourse. §384.24(2), F.S. Resource: http://www.doh.state.fl.us/disease_ctrl/aids/legal/Omnibus_2010.pdf...
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