October 19, 2007
WOULD YOU TAKE THIS ADVICE?
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AAC member Bill Viscovich and his boss Nettie Mayersohn with Bush Surgeon General Carmona |
The New York State AIDS Advisory Council hasn't played much of a role in HIV/AIDS policymaking and funding for over a decade. In the early years of the epidemic, the Advisory Council was a vital force for the provision of advice and counsel to executive and legislative officials who were desperate for effective measures to combat AIDS and save lives.
But in recent years the Council has lost much of its force and effectiveness: It often can't muster a quorum for its meetings, and has been widely criticized for its lack of diversity (though more than 80 percent of people living with AIDS in New York are people of color, the Council has a majority-white membership, and a majority of HIV-negative members as well).
Last week the Council—after just barely mustering a quorum— tried to assert its relevance by voting 6-3 to get rid of legal protections ensuring full consent for HIV testing in New York.
Observers and activists were skeptical that the vote would have much impact. Vince Marrone, a veteran lobbyist for the New York AIDS Coalition, said, "It's disappointing that the AIDS Advisory Council would vote to eliminate the right of patients to consent, in writing, to this very important health care decision. However, given the reduced role the Council has played in recent years in setting state policy, I don't expect their vote to be decisive."
Last year's legislative session ended without significant action on a range of proposed changes to Article 27-F, the section of New York law that safeguards consent to HIV testing and ensure the confidentiality of HIV-related information. But it's expected that renowned HIV experts like Assembly Member Nettie Mayersohn will take another run at destroying the protections next year—and the Council could be on their side.
Here's the full text of the Council resolution:
The requirement for written informed consent for HIV testing in medical settings should be removed. HIV testing in medical settings should be preceded by patient education about HIV prior to testing and patient informed consent obtained with a notation in the medical record as to whether the patient consented to testing or did not consent. HIV testing must in all cases be voluntary.
We believe this change in HIV testing may prove to be useful in bringing more persons with HIV infection into treatment. However, its adoption can in no way diminish the critical need for greater investment by all levels of government in programs of public education, prevention and treatment, that effectively reach and support communities of color, women, youth at risk, and people who are homeless, mentally ill or incarcerated.
And the vote tally was as follows:
In favor:
Conrad Fischer
Lambert King
Keith Krasinski
Edwin Mirand
William Viscovich
Megan McLaughlin
Against:
Joe Pressley
Jeffrey Reynolds
Marjorie Hill
Not present when vote was taken:
Senator Tom Duane (he arrived after the vote was taken)
Tracie Gardner (not present at this AAC meeting)
Barbara Williams (not present at this AAC meeting).