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The Center for HIV Law and Policy (CHLP) accepts the legal and court-affirmed definition of informed consent; therefore, state protocols that call for "opt-out" testing (a patient is tested for HIV unless she/he objects) or that mirror general consent approaches are not counted as "informed consent" laws even in those instances where the state legislature has characterized their state law as requiring "informed consent." In short, CHLP does not consider or count laws that allow a patient's silence or general consent as granting authority to do confidential HIV testing as informed consent laws.
When determining whether conduct constitutes sexual harassment, the Commission considers all the circumstances, such as the nature of the sexual advances and the context in which the alleged harassment occurred (For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.
Focusing on sexual transmission ignores the other ways HIV can be transmitted, including by needles, Faller said."It is akin to trying to end wars by banning swords," he said.
Prosecutors argue the law upholds a compelling state interest in discouraging exposure to and spread of an incurable disease.
Also, the law is fluid, and these summaries may not reflect recent legislative change in a particular state.