AIDS and the Law Page: 6 of 24
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AIDS AND THE LAw
ployees to keep them from claiming such benefits. Similar protection
may also be available under the Americans With Disabilities Act.
TESTING & CONFIDENTIALITY
I'm thinking of getting tested for HIV Should I go to my doctor?
HIV tests performed by your doctor are confidential but not anonymous.
Confidential means that under most circumstances the test result cannot
be released to a third person without your consent. Under certain cir-
cumstances, others could still learn of your HIV status despite its confi-
dentiality. For example, state law requires your doctor to make the test
result part of your permanent medical record, and allows your doctor to
disclose your status to your spouse without your consent. Also, insur-
ance companies could learn of your status through accessing your medi-
cal records, and law enforcement officials could find out if they get a
court order.
An alternative to being tested by your doctor is for you to be tested at a
local clinic that performs HIV testing. The Texas Department of Health
oversees many such clinics across the state, and you can contact them or
your local AIDS service provider for the testing location nearest you. At
your request, an HIV test performed at such a clinic is performed anony-
mously. Because the test is anonymous, the result does not become a
part of your permanent medical record, and is known only to you.
Whether you choose to be tested by your doctor or at a clinic, the law
requires that you receive counseling about the HIV test and the meaning
of a positive test result. In the event you test positive, it's important that
you seek medical treatment. Recent medical advances give your doctor
far more treatment options if the HIV is detected and treated early.
If you're thinking about being tested for HIV, or if you already know that
you're HIV positive, its also important that you seek the advice of an
attorney to help you protect your rights. An attorney can evaluate your
unique situation and advise you how to protect your interests. If you do
not have an attorney, you can call the Texas Human Rights Foundation.
PAGE 6
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.