FOR IMMEDIATE RELEASE/February 12, 1998 CONTACT: Michael Stewart [202/651-7048]; Sara Foer [202/651-7023]; http://www.nursingworld.org ANA Supports Treatment Rights of HIV-Positive Dental Patient in Case Pending Before U.S. Supreme CourtWashington, D.C. -- The American Nurses Association (ANA) will participate as a "friend of the court" in a precedent-setting case now pending before the United States Supreme Court to consider whether discrimination against people with human immunodeficiency virus (HIV) is prohibited under federal law. The court will consider the case of a dentist who has refused to treat HIV-positive patients, alleging that to do so poses a "direct threat" to him. He lost his case in federal trial court and in the Court of Appeals. The ANA, a national labor and professional organization for registered nurses (RNs), consists of 53 state and territorial constituent organizations with approximately 180,000 members. ANA agreed to participate in Randon Bragdon, D.M.D., v. Sidney Abbott et al. as an amicus curiae because the issue before the court directly involves not only the protection of individuals who are HIV-positive under the Americans with Disabilities Act (ADA), but has significant ramifications for the provision of early intervention and treatment of HIV. ANA has been at the forefront of organizations that advocate for protection of patient confidentiality and for assuring that all individuals have full access to health care. There is consensus among the ANA, other national professional health care organizations, and federal and state health officials that patients with HIV are safe to treat as long as universal precautions are employed consistently. The amicus brief will argue that courts should not overlook such clear consensus about the appropriate handling of a public health concern in deference to a health care provider's decision not to treat a patient based on unfounded fears of infection rather than on the provider's informed judgment on appropriate patient care. Given that registered nurses comprise the largest health care profession, with 2.6 million RNs nationwide, the ANA feels the perspective of organized nursing is particularly credible and appropriate in this case. The ANA has taken an active role to reduce the risks of transmission of HIV and other bloodborne pathogens to health care workers by needlestick and sharps injuries, especially through its support of the Health Worker Protection Act of 1997 (H.R. 2754), which mandates use of safer needlestick devices. The amicus brief also will address the adverse public health consequences that would result from the court's tolerance of discriminatory refusals to treat HIV-positive patients, such as delays in the provision of essential health care, and discouragement of both voluntary testing for HIV and the disclosure of one's HIV status to health care providers. If health care professionals are permitted to refuse routine treatment to someone with an infectious disease based on an unfounded fear of infection, infectious diseases of significant threat to the public would go untreated and would pose an increased risk to public health.
|
