The legal aspects of treating and being treated by an individual infected with human immunodeficiency virus.

Since the first AIDS case was reported in 1981, the AIDS epidemic is spreading dramatically in the United States. In dealing with the prevention of HIV transmission, we need to carefully balance the protection of civil rights that may be devastated by the disclosure of HIV-infection and the protection of public health against HIV infection in the health care setting. Recognizing the need of guidances in this regard, the CDC has issued recommendations regarding the prevention of HIV transmission in the health care setting on the basis of scientific data. In order to assure the acceptance of CDC guidelines in the health care setting, Congress recently passed a law that requires every state to institute CDC guidelines or its equivalent within 1 year. It is hoped that this requirement will ensure that HIV infection control measures are uniform throughout the nations and help HCWs and patients know their legal rights and obligations. Most importantly, the law regulating HIV-infection control will from now on rely on scientific data rather than on the irrational fear of the general public.