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Main Forums => Living With HIV => Topic started by: Blixer on January 08, 2009, 03:01:15 pm

Title: I always expected this call....
Post by: Blixer on January 08, 2009, 03:01:15 pm
Three years ago this week I received my HIV diagnosis.  As many of you can confirm, the first year is pretty rough, but I found some good friends and got on a good treatment routine.  Early on I was told to expect a contact from the state health department.  Well, that call never came... until today...

I didn't really anticipate my reaction to the call.  I'll admit that it has shaken me up a bit and actually having trouble focusing.  And it's really not a big deal. They didn't tell me anything I didn't already know.  I'm not sure why it has bothered me so much.  Maybe just being faced with it again....

I find it almost sad that it has taken the department of health three years to get around to calling me.  Her comment was... "well, I suppose you know you are HIV."  I simply said, "yes, I've known for quite a while."  She asked if my partners had been tested and I told her I had notified everyone I had contact with.  She went on to say that she needed to meet with me so she could read a statement about the law to me and have me sign a paper.  She offered to drive over to where I lived this afternoon so we could sign the papers.  I didn't want to do that.  So I've scheduled a "parking lot" meeting with her in another town next week.  Of course, they blamed the "oversight" on someone not reporting when they were supposed to.  And the doctor that supposedly reported my status was no doctor that I've even seen.

I had always expected to receive that call, but goodness... 3 years after my diagnosis.  I guess probably what has thrown me for a loop more than anything now is knowing that I'm listed by name in the state database.  And who knows what other "oversight" could lead to that information being compromised.  But it's not under my control and I just need to get back on track and focused again.

But at any rate.  My "HIV" call finally came.......

Title: Re: I always expected this call....
Post by: bear60 on January 08, 2009, 03:28:10 pm
What a horrible anniversary present....but on the bright side, you are in such a better "place" now than you were then.
Dont be intimidated by them.  Its their job. 
I will add that this is why the gay community fought so hard for anonymous testing and reporting.  The stigma is stil there and to pretend that HIV is "just another" disease will not advance the need to get everyone to test.
Title: Re: I always expected this call....
Post by: Florida69 on January 08, 2009, 04:07:21 pm
You are so lucky all you got was a call, they chased me down within 2 days after I found out my diagnosis.  The lady was constantly leaving messages on my door at home, I mean she was acting like I had committed a criminal act.  Anyways, I know how disappointed that feeling can be that you have to now deal with the state department, and now knowing that your name is on a list.  It does suck, and not in the good way.  The legal aspect is if you ever have sex with someone (I know you are in a relationship) that is not positive, and you do not have some type of protection (like in writing) then they can charge you criminally with a crime.  I agree that is archaic, but most laws are.  HUGS..  D
Title: Re: I always expected this call....
Post by: YaKaMein on January 08, 2009, 04:12:44 pm
Three years is certainly quite a lapse of time.

I was contacted via a 'confidential' letter taped to my door about three months after diagnosis in 06. Was quite peeved at that approach. When I called to inform them of my distaste of how I was I contacted, she explained it was to see if there were any needs not being met. i.e. was I in care, any partners to contact, ??'s, etc. Didn't like it then and am still not sold on the idea. I think the intent is good to make sure we get into care, but the method sucks to do it through some third party bureaucrat. Don't really know if all states or US territories have an Office for HIV Surveillance, I know mine does.

There's been more pressure to do 'confidential' vs anonymous testing where one's identity is concealed. When I agreed to testing with my physician, she informed me that state law required reporting of all confirmed HIV positive results. So. like you, I expected future contact or at least knew my poz status would appear on some list associated with my name. I think such laws discourage people to get tested.  I've also since realized this mirrored some reasons why i didn't report my sexual assault. Who wants to be hassled while dealing with traumatic news or events?

My only contact was my phone response to that damn letter. So, I'd think again about signing anything or meeting with them. At least, consult with your ASO, viz. legal services for advise or counsel.

Anyway, if the purpose of HIV Surveillance is EIS [Early Intervention Services] and Outreach, we can still do that without legal violation of personal health information. EIS & OR are the underfunded stepchildren of HIV prevention and we see how well that's working!!
Title: Re: I always expected this call....
Post by: denb45 on January 08, 2009, 04:52:50 pm
humm.......I would find out what is this so-called paper that they need you to sign, sounds a bit suspicious to me, I would also ask them about this, and why this is so important that you do sign such a document, the last time someone ask me to sign something, I wanted to know WHY? and when they didn't have a good enough answer, I told them to take a hike  , all I'm saying is, Read something and understand  just what you are signing, don't just sign it thinking it's ok to do so.........
Title: Re: I always expected this call....
Post by: Blixer on January 08, 2009, 05:17:17 pm
Missouri requires documentation that all HIV+ individuals have been contacted and notified that it is a felony if they engage in sexual activity without disclosing their HIV status.  The signature form is to confirm that I have been informed of the law.  Missouri has had some high profile HIV non-disclosure cases recently and several individuals have been sentenced to prison for non-disclosure.  For a while, it was contingent upon the aggrieved to demonstrate somehow that they were not informed.  But in recent cases it seems that judges in Missouri are taking a different track and it is almost like the accused has to prove that they disclosed.  Like D said you almost need it in writing.  It is a bit scary sometimes.  In Missouri it is a felony not to disclose no matter whether you use protection or not and no matter if the virus is passed or not.  It puts all of the burden of "proof of innocence" on the accused.

Title: Re: I always expected this call....
Post by: 072508 on January 08, 2009, 05:27:01 pm
i live in florida and they contacted me by phone, made an appt, came down and talked to the guy at the health dept who was + as well and shared his story, but i never had sign any paper. never really heard of that before, although i am new to the whole hiv thing.
Title: Re: I always expected this call....
Post by: YaKaMein on January 08, 2009, 05:53:28 pm
Very scary Blixer,
Sounds like there's no benefit to you to sign anything. Just sayin' I would consider myself contacted and notified and be done with it. Does MO law compel you to sign? Any consequences if you don't? Such 'documentation' serves you no purpose IMHO.

[Edit: This really gets my goat!~ I'd not meet with the dept worker, let 'em read to ya, sign it her/himself to document you've been contacted and notified then can file it up her/his you know what ~ ] :(

One still has to prove disclosure either way. I'd seek legal advice on the matter.
Title: Re: I always expected this call....
Post by: mecch on January 08, 2009, 05:54:13 pm
Missouri requires documentation that all HIV+ individuals have been contacted and notified that it is a felony if they engage in sexual activity without disclosing their HIV status.  The signature form is to confirm that I have been informed of the law.  Missouri has had some high profile HIV non-disclosure cases recently and several individuals have been sentenced to prison for non-disclosure.  For a while, it was contingent upon the aggrieved to demonstrate somehow that they were not informed.  But in recent cases it seems that judges in Missouri are taking a different track and it is almost like the accused has to prove that they disclosed.  Like D said you almost need it in writing.  It is a bit scary sometimes.  In Missouri it is a felony not to disclose no matter whether you use protection or not and no matter if the virus is passed or not.  It puts all of the burden of "proof of innocence" on the accused.
Well that is pretty DAMNED icky and heavy.  But, I suppose I can't be 100% against obligatory disclosure.  But such a LAW nevertheless, as you explain, puts law-abiding, disclosing HIV positive people in horribly vulnerable positions anyway, if a partner later regrets their actions.  

So do you make someone sign a sex release or something?

Oh, how delicate and disagreeable.
Title: Re: I always expected this call....
Post by: denb45 on January 08, 2009, 08:02:04 pm
Missouri requires documentation that all HIV+ individuals have been contacted and notified that it is a felony if they engage in sexual activity without disclosing their HIV status.  The signature form is to confirm that I have been informed of the law.  Missouri has had some high profile HIV non-disclosure cases recently and several individuals have been sentenced to prison for non-disclosure.  For a while, it was contingent upon the aggrieved to demonstrate somehow that they were not informed.  But in recent cases it seems that judges in Missouri are taking a different track and it is almost like the accused has to prove that they disclosed.  Like D said you almost need it in writing.  It is a bit scary sometimes.  In Missouri it is a felony not to disclose no matter whether you use protection or not and no matter if the virus is passed or not.  It puts all of the burden of "proof of innocence" on the accused.



That's  BULL SHIT, I'm glad I don't in Missouri , I wouldn't sign such a document, I don't give a SHIT what they tell me  ??? I'd challenge that at the State Level, get some protesters, bring on the 6 o'clock news.........FUCK THAT SHIT..I'm not down on disclosure, I always tell someone I'm POZ+, but I don't need to sign any document to that effect, if that's not against the law (you not signing that document) why in the HELL give them your signature...........tell them you refused outta protest.......
Title: Re: I always expected this call....
Post by: Ric Wilke on January 08, 2009, 08:24:58 pm
Blixer,

DON'T sign a damned thing.  It's none of their business.  They cannot force you to sign their rotten piece of paper.  Tell them to FO and leave you alone.

I got the same call from some a-hole here in Milwaukee and I told him to leave me alone.  I did not want to meet with him and told him to never contact me again.  End of story.

These dipwads may try to badger you but you have a right to your privacy.  Tell them to KYA.

Hugs, Ric
Title: Re: I always expected this call....
Post by: hotpuppy on January 08, 2009, 08:29:13 pm
Missouri requires documentation that all HIV+ individuals have been contacted and notified that it is a felony if they engage in sexual activity without disclosing their HIV status.  The signature form is to confirm that I have been informed of the law.  Missouri has had some high profile HIV non-disclosure cases recently and several individuals have been sentenced to prison for non-disclosure.  For a while, it was contingent upon the aggrieved to demonstrate somehow that they were not informed.  But in recent cases it seems that judges in Missouri are taking a different track and it is almost like the accused has to prove that they disclosed.  Like D said you almost need it in writing.  It is a bit scary sometimes.  In Missouri it is a felony not to disclose no matter whether you use protection or not and no matter if the virus is passed or not.  It puts all of the burden of "proof of innocence" on the accused.

I would still insist on having an attorney review it.  Here in Houston I know a few attorneys who do probono work in the poz community.  They will meet with any HIV+ person, free, for up to 30 minutes to discuss anything related to their status or that could be related.

An attorney can advise you of your rights and keep you from signing something stupid.  You might also be able to arrange to meet at the attorney's office and that will keep Ms. Gestapo on her best behavior.  Not that you or I would have anything to fear. 

It is sad that they took 3 years.  So far I've never been contacted and it's been a year.  Maybe one day. 
Title: Re: I always expected this call....
Post by: jabez on January 08, 2009, 08:39:42 pm
Three years!  Good heavens.    A few days after I got my diagnosis from my doctor, the health department visited me at home and left some crazyass letter taped to my front door.  They stuck the letter to my door sometime around noon, advising me that I had an URGENT appointment at the health department two hours later.   Of course, I didn't even receive the letter until late that evening, way after the health department had closed.   The following day, they pulled the same stunt, leaving me a notice that I should appear at the health department within the hour.   I found the letter about 12 hours later.   They were closed.   Then they started calling me on the phone and harrassing me.   It was horrible.   I saw them at my earliest convenience, and they offered no comfort at all --- only a bunch of nosey questions and stuff.   I realize it's their job, but they didn't handle it very well.   (But at least they didn't wait 3 years, lol.)   
Title: Re: I always expected this call....
Post by: RapidRod on January 08, 2009, 09:06:09 pm
I liked my talk better Blixer. They asked how I was feeling, was in IDICCU at the time had IVs going in everywhere, I would of thought they would have known by looking and they ask if I knew all the programs available to me and if I would need or like for them to contact anyone for me and they left a note book full of programs, a contact card and that was all there was to it.  Never to hear from them again. It was kinda of funny, cause they never contacted me when I was first diagnosed. They waited till I had an OI and AIDS diagnosis. That was 21 years later.
Title: Re: I always expected this call....
Post by: BT65 on January 08, 2009, 10:42:52 pm
I have never been contacted by anyone since the time of my diagnosis in 1989.  I don't know if it's because I live in Indiana (if anyone else lives here and has been contacted, correct me), or if it was because I was diagnosed in Michigan, who knows. 

I wouldn't sign anything either, Blixer.  I agree with Ric.
  Luv,
Betty
Title: Re: I always expected this call....
Post by: positively_me on January 08, 2009, 10:47:21 pm
I live in California and found I was positive at the end of 2000. I've never had a phone call from anyone! I had no idea that some states tracked you down. I guess I just thought that if you received an AIDS diagnosis that you went into a database somewhere but didn't really give it too much thought. Is there a website that gives information on each state and what the laws are?

I'm sorry you have to go through this Blixer.  :'(
Title: Re: I always expected this call....
Post by: joemutt on January 08, 2009, 11:18:55 pm
Wow! That sounds like persecution. What s the rationale behind these measures?
Title: Re: I always expected this call....
Post by: Miss Philicia on January 08, 2009, 11:28:49 pm
I have never been contacted by anyone since the time of my diagnosis in 1989. 

Me either.  I've always just assumed that the health departments weren't doing such things back then.
Title: Re: I always expected this call....
Post by: lonewolf on January 08, 2009, 11:34:33 pm
Here in Minnesota, they met me at a Starbucks in the Twin Cities, the Stat4e Rep drove 95 miles from his offrice to meet me.

Asked a few "standard questions" and that was about it.   Gave me the "red resource book" and haven't been bothered since,  but obviously am now on the statistic list.   Or  should I say, the "positive list"  don't think it is right, but, what can you do in this society.


  Wish I know where all this information about me is posted,"non=discretely" of course.
H
Title: Re: I always expected this call....
Post by: leatherman on January 08, 2009, 11:37:28 pm
I had to really stretch my brain to remember, but I know I have my copy of the paper I signed somewhere in one of the few boxes of memorabilia from mine and Randy's life together. Back in 1993 living in OH, we were contacted by the county health dpt a week after I received my poz diagnosis from the city health dept. I figured that's how they were counting HIV cases and informing past sexual partners. I could have cared less about rights or disclosure back then as Randy was very sick and would be dead in just over a year's time.

A few days after I got my diagnosis from my doctor, the health department visited me at home and left some crazyass letter taped to my front door.  They stuck the letter to my door sometime around noon, advising me that I had an URGENT appointment at the health department two hours later.
They asked how I was feeling, was in IDICCU at the time had IVs going in everywhere, I would of thought they would have known by looking
Then when Jim was diagnosed this last March in the hospital, I had some "urgent" notice from the health dpt. stuffed in our screen door. Two days later, after another trip of running back and forth to the hospital, there was another "urgent" and more cyptic note. I left several messages on their answering machine and finally ran into the health dpt official in, of all the places, the hospital. When I explained to her how gravely ill Jim was and showed her how incoherent he was so that I was currently making all his medical decisions (another time I had to whip out my Medical POA), she quietly left - sans Jim's signature. ;)
Title: Re: I always expected this call....
Post by: Buckmark on January 08, 2009, 11:42:10 pm
Missouri requires documentation that all HIV+ individuals have been contacted and notified that it is a felony if they engage in sexual activity without disclosing their HIV status.  The signature form is to confirm that I have been informed of the law. 

...

But in recent cases it seems that judges in Missouri are taking a different track and it is almost like the accused has to prove that they disclosed.  Like D said you almost need it in writing.  In Missouri it is a felony not to disclose no matter whether you use protection or not and no matter if the virus is passed or not.  It puts all of the burden of "proof of innocence" on the accused.

Blixer,

Even though the call you received was about 3 years late, I'm still sorry you had to receive it.  I'm sure it brought back some memories that you might not have wanted to remember.

As far as this paperwork, and Missouri's disclosure laws, it's like adding insult to injury.  I'd be very curious to know what kind of papers they want you to sign.  And, more importantly, what happens if you don't sign them?  It's hard to imagine how signing such papers would benefit you, and so easy to see how they could be used against you.  Geesh.

I'm beginning to think I should become a notary public, so I can have a potential partner sign an affadavit that I've disclosed my status before having sex (hey, it's been years since I've had sex, but it *could* happen some day).  Talk about removing the spontaneity and spoiling the moment:

"Please show me your driver's license, and sign here, here, and here.   Oh, damn, where's my notary stamp and ink pad?  Oh, right here by the condoms and lube."

 ::)

Hugs,

Henry
 
Title: Re: I always expected this call....
Post by: David_CA on January 09, 2009, 08:32:31 am
What a sucky birthday present!  I also had a 'Confidential' letter taped to my front door.  It was to let me know I'd be listed as a contact by a person who tested positive for syphilis and HIV.  The Dept. of Health wanted to test me for both, but I only allowed them to test me for syphilis (I was already waiting for the results of my own HIV test).  For some reason, they can force me to be tested and treated for syphilis but not HIV.  Fortunately, NC doesn't have HIV criminalization laws like many other states.  Still, when I disclose online, I save that IM or email just in case.  I sure don't recall signing anything for any govt. agency.  I remember another member from NC mentioning that he had to sign something, but I think it was more like acknowledging that HIV transmission, etc had been explained to him, and that he'd notify partners (but I may be wrong about these details.) 

I can understand and appreciate that these agencies are compelled to discuss HIV with us.  Many newly diagnosed HIV+ folks aren't as up on it as we (members of Aidsmeds) are.  I don't appreciate the methods used, though.  An envelope stamped 'Confidential' on my front door was bad enough, but imagine if one lived in an apartment, duplex, etc with others around who might be nosy or looking for ways to embarrass (or worse) us.  I realize they're just 'doing their job', but they can do it well or sloppily, which sounds like the norm.

David
 
Title: Re: I always expected this call....
Post by: Blixer on January 09, 2009, 09:52:58 am
I will say that the lady that called was very nice.  The original message she left just identified herself as being from the Department of Health and said she had a couple of questions to ask me.  As it turns out, those questions were to determine my identity and to ask if I had been informed of my positive HIV test.  I'm thinking...  "well yes... 3 years ago."  She asked about partner notification and I told her I had already taken care of all of that.  So I doubt there will be any push for names of people I had contact with.  So the method of contact here was better than just those confidential letters taped to a door that many of you mentioned.  I agree that protecting others from infection with HIV is a noble goal.  Unfortunately, when states pass criminalization laws such as the one Missouri has, there is no motivation for testing.  The motivation is to NOT be tested.  If you don't know, you don't fall under the law.  You can only be prosecuted once you know you are HIV positive.  The lady wasn't trying to make a big deal of all of this and she said she was willing to meet anywhere to take care of the notification she was required to provide.  The paperwork is more for their documentation so they can verify to the Missouri Legislature that they are doing what they have been charged with.  Yes, this whole process makes me very uncomfortable.  But I also realize that there are individuals who don't take responsibility and who don't seek out the services they need.  There are people who choose to ignore the fact they are HIV+ and just go on like they were not.  So while I don't agree with the criminalization laws, I do feel that the Dept. of Health in my state has tried to make HIV services available.  I work in a very small town in a very rural part of the state even though my house is in St. Louis.  According to official statistics, in the entire southeast portion of the state there are only 150 HIV+ cases.
Title: Re: I always expected this call....
Post by: Dachshund on January 09, 2009, 10:41:18 am
I remember testing through the health dept. many moons ago. I kept putting off (denial) going in for my results, despite several calls from the health dept. I relented when I received a call from them saying, either come in today for your results or we will send the sheriff to provide you transportation. Needless to say I hightailed it down there for the good news.

Of course no one from the health dept. offered me any counsel on what I should do.

I figure by this stage of the game I'm in every HIV database around the world. Que sera sera.
Title: Re: I always expected this call....
Post by: PeteNYNJ on January 09, 2009, 11:38:05 am
I tested positive 3 or 4 years ago in NYC and never got a call from the Health Dept.  I brought it up to my doctor and said that he notified them - but didnt give a name, just a patient had tested positive. 

It is silly each state has a different rule regarding it.   Oh, and I wouldnt sign shit!
Title: Re: I always expected this call....
Post by: LordBerners on January 09, 2009, 01:02:26 pm
Excuse me for not know much about all this, but how did the health department of the state of Missouri find out you had hiv?
Title: Re: I always expected this call....
Post by: Blixer on January 09, 2009, 01:16:40 pm
Missouri (and I'm sure many other states) has very strict HIV reporting requirements.  In Missouri, state law requires that positive HIV tests be reported to the state health department.  Actually, every single time a doctor runs an HIV test, they are required to report the name of the person if the test is positive. 

After some thought going back 3 years I actually recall that there were 2 doctors and a nurse practitioner in the practice I used when I got my diagnosis.  I was actually seeing the Nurse Practitioner and had used her for years.  The doctor that reported my status to the state was one of the other doctors in that practice.  Now, I'm still baffled why it took 3 years for my info to get through the system.

In reality, meeting with the health dept rep in southeast Missouri may not be a bad thing.  I don't intend to reside in southeast MO very long.  So, that means any contact information they currently have, will soon be outdated.  In a sense, that makes me feel better for what it's worth!

Edited to remove incorrect speculation....
Title: Re: I always expected this call....
Post by: RapidRod on January 09, 2009, 01:35:25 pm
April 2008, was when it went into full compliance for all 50 states or the states would have lost federal funding.
Title: Re: I always expected this call....
Post by: BlueMoon on January 09, 2009, 04:51:27 pm
I too was surprised to not hear from either the state or local health department.  I originally tested anonymously, but had blood testing done under my name a month later.  That was over a year ago.  I'm receiving ADAP assistance so the state knows about my infection.

I was contacted by the city health department over a positive syphilis test.  I declined to meet with the rep, and she didn't pursue it further.

I would be wary of signing anything. 
Title: Re: I always expected this call....
Post by: LordBerners on January 11, 2009, 05:27:58 am
Wow, thanks for the information, guys.  I knew the US was a police state, but I had not been aware of this witch-hunt for hiv positive people.  Another reason to avoid returning to the US if at all possible.
Title: Re: I always expected this call....
Post by: leatherman on January 11, 2009, 11:46:59 am
I knew the US was a police state, but I had not been aware of this witch-hunt for hiv positive people.  Another reason to avoid returning to the US if at all possible.
I think "witch-hunt" is a little strong of a word for what we're discussing; and it's not just for HIV. Most of the states track sexually-transmitted and/or infectious diseases to inform potentially infected partners and to try to limit the spread of these diseases (http://std.about.com/od/prevention/f/contacttracing.htm) To be labeled "witch hunt", I think this process would have to include at least containment/restrictions, if not "punishment". ;)

We could debate the issues surrounding "partner notification" programs; but like "quarantines", there will always be some steps, right or wrong and no matter what we think, that governments might/could/would take to contain the spread of an infectious disease. "Rounding up" infected people and detaining them would definitely be more of an action by a police state.

In the long run, I signed a piece of paper years ago saying I understood I had an infectious disease, and would inform my sexual partners that they needed to be tested due to possible exposure. And I officially became part of the number of people infected with HIV in the state of Ohio (which does help with my state allocate its own resources, along with obtaining federal $$$ for HIV services). I've never heard from the health dpt again.

he he he. and as to "police state", don't I wish! ;D Maybe then they'd finally bust the crack dealer next door and get his sorry ass outta my neighborhood.
Title: Re: I always expected this call....
Post by: pozguy75 on January 11, 2009, 12:12:21 pm
I got a call two years ago here in NC, had to meet the Health Department and sign a paper saying it was a felony to engage in unprotected sex.

Here in NC it is illegal to have unprotected sex if you are HIV positive and carries with it a 7 year prison sentence if convicted.
Title: Re: I always expected this call....
Post by: LordBerners on January 11, 2009, 01:27:30 pm
I think "witch-hunt" is a little strong of a word ...To be labeled "witch hunt", I think this process would have to include at least containment/restrictions, if not "punishment".

Apparently there are restrictions and punishments:

Here in NC it is illegal to have unprotected sex if you are HIV positive and carries with it a 7 year prison sentence if convicted.
Title: Re: I always expected this call....
Post by: denb45 on January 11, 2009, 01:40:35 pm
I got a call two years ago here in NC, had to meet the Health Department and sign a paper saying it was a felony to engage in unprotected sex.

Here in NC it is illegal to have unprotected sex if you are HIV positive and carries with it a 7 year prison sentence if convicted.


I think what you mean is Non-Disclosuer ( Having sex without telling of your status is against the law, (in most States) not just having sex or the actual sex act between consenting Adults) if this is true and I don't think it is,  I think you may have misinterpreted THIS:  according to this website there in No such law on the books in NC, scroll down and look under NC..and if any one of you are interested in what ANY OTHER State say, it's also very good read, a very informative website

http://www.statehealthfacts.org/comparetable.jsp?ind=569&cat=11
Title: Re: I always expected this call....
Post by: Basquo on January 11, 2009, 05:38:46 pm
debb45, it looks to me like that table addresses transmission itself, not anything like disclosure or unprotected sex. I know it says "No"for Texas but this state damn sure will prosecute you for attempted murder or anything else they can dig up if they (they meaning "not me.")

I've never gotten the call about HIV. I did get a call after getting the clap in the 90's.
Title: Re: I always expected this call....
Post by: denb45 on January 11, 2009, 05:50:23 pm
debb45, it looks to me like that table addresses transmission itself, not anything like disclosure or unprotected sex. I know it says "No"for Texas but this state damn sure will prosecute you for attempted murder or anything else they can dig up if they (they meaning "not me.")

I've never gotten the call about HIV. I did get a call after getting the clap in the 90's.

No State in the USA will do that to you, if you disclose your status before you have sex, with any consenting Adult with a condom, (safe sex) were talking about non-disclosure is against the law in most States , having sex isn't against the law anywhere, that I know of........that's just silly.........the best thing you can do for yourself and non- HIV- sex partners is Safe Sex plain and simple, if you do that you'll be fine  ;D
Title: Re: I always expected this call....
Post by: David_CA on January 11, 2009, 06:03:19 pm
I got a call two years ago here in NC, had to meet the Health Department and sign a paper saying it was a felony to engage in unprotected sex.

Here in NC it is illegal to have unprotected sex if you are HIV positive and carries with it a 7 year prison sentence if convicted.

I'd be curious as to where I could find this 'law'.  One of the reasons I ask this is due to the well publicized case of the 23 year-old DJ from Raleigh that was convicted for the second time (I'm not totally sure of all the details) of non-disclosure for unprotected sex.  He was 'punished' by house arrest.  The Lambda Legal's website makes no mention of NC laws nor does the link in denb45's post below.  Neither D or I signed anything mentioning a felony.  I'd like to know where I can find out NC's HIV/AIDS laws, though. 
Title: Re: I always expected this call....
Post by: denb45 on January 11, 2009, 06:07:21 pm
I'd be curious as to where I could find this 'law'.  One of the reasons I ask this is due to the well publicized case of the 23 year-old DJ from Raleigh that was convicted for the second time (I'm not totally sure of all the details) of non-disclosure for unprotected sex.  He was 'punished' by house arrest.  The Lambda Legal's website makes no mention of NC laws nor does the link in denb45's post below.  Neither D or I signed anything mentioning a felony.  I'd like to know where I can find out NC's HIV/AIDS laws, though. 

Me to, I couldn't find it anywhere, not even on that website, that person must have had unsafe sex with somone, and infected them, and didn't disclose his status while doing so, now, I know that's against the law in most States, even if you don't infect them , but having sex isn't .......in his case having sex again, might not be a good thing for him, after being convicted for the same thing......but, like you I don't have all the details

David, you might want to go to the Library, and look it up, also, a current NC-State- Book of penal codes  ( the unabridged version) might help as well, or your local Law enforcement office, I'm sure they would be happy to help, all you have to do is ask them, and they'll tell you what they are  ;D also a District Attorney ( if you know one) would help too
Title: Re: I always expected this call....
Post by: Assurbanipal on January 11, 2009, 07:05:38 pm
Got a letter saying I MUST call a number in the state capital about 3 months after the hospital.

Called, they weren't there, they call back, I call back, they call back ...and start by demanding a Social Security number before they will say why they are calling.

So ...
once we get through that, a pretty odd conversation.  Never actually mentioned HIV or AIDS.  Something like:

So, you know you are sick, right?
Yeah
And you know what you have, right?
Um, yeah
We have to make sure you know what you have.
Ok
All right then...



New Jersey, land of the Sopranos
_________________________

Back to the main topic, in your shoes I wouldn't sign anything unless you need something from them.  And it doesn't hurt to run it by a lawyer before you sign.
Title: Re: I always expected this call....
Post by: denb45 on January 11, 2009, 07:12:14 pm
I wouldn't give out my Social Security Number over the phone like that, If I were you.........
ID thieves love to get that info, any way they can, just to ruin your Good Credit and your Good Name
 that has taken you YEARS to get right.......next time, be more careful than that...........you were lucky this time.......... ???
Title: Re: I always expected this call....
Post by: MarcoPoz on January 12, 2009, 08:23:08 am
Ahh, the intricacies of Partner Services!!!  I just finished reading the new CDC guidance on these--yes ima geek.  PLEASE remember, Partner Services are to be VOLUNTARY and NON-COERCIVE!  I live in Michigan and our laws are very similar to those in Missouri, however all Partner Services have to fall under direction of the CDC guidelines.  So, every bit of it is VOLUNTARY.

Partner Services when approached and provided correctly in my view, can be a very important and positive support to the person with HIV.  Provided incorrectly and you sit there with the sex disease Nazis.

The fact that it took years for them to contact you is simply bullshit.
Title: Re: I always expected this call....
Post by: Assurbanipal on January 12, 2009, 09:01:48 am
I wouldn't give out my Social Security Number over the phone like that, If I were you.........
ID thieves love to get that info, any way they can, just to ruin your Good Credit and your Good Name
 that has taken you YEARS to get right.......next time, be more careful than that...........you were lucky this time.......... ???
Oh, no fear, ... I made him hang up and called him back at the number on the official state letterhead (which I had verified through a reverse phone lookup)
Title: Re: I always expected this call....
Post by: clsoca on January 12, 2009, 11:41:38 am
I recently tested positive and I live in California. Does anybody know if I can expect a phone call and/or visit from the health department. I was thinking if they are required to make contact with me, I will be a little proactive and make contact with them first in an effort to fend off a suprise visit.

I am new to this and very greatly to you all for providing such meaningful information and dialogue on this important web site.
Title: Re: I always expected this call....
Post by: denb45 on January 12, 2009, 12:05:11 pm
I recently tested positive and I live in California. Does anybody know if I can expect a phone call and/or visit from the health department. I was thinking if they are required to make contact with me, I will be a little proactive and make contact with them first in an effort to fend off a suprise visit.

I am new to this and very greatly to you all for providing such meaningful information and dialogue on this important web site.


I lived in Calif. all of my adult life, I tested POZ way back in 87, I moved outta Calif. in 2001, to date, I never got any call form the local health department or any ASO for that matter, not sure what they do now, as I haven't live there in over 6 1/2 yrs. perhaps, other currently residing West Coasters will chime-in.........
Title: Re: I always expected this call....
Post by: Robert on January 12, 2009, 12:31:50 pm

Last fall, when I had my blood drawn, they inexplicitly tested for syphllis.  I discovered this when I got the results back and said I had tested positive.  The thing is, my exposure was 30 years ago. (atl least I know for sure it really does stay in your system.)

Shortly after that, I got a call from the local county department of health about my syphillis reading.  I wasn't at all upset and explained it to the good lady.  We had a nice chat and that was that.

I never recall hearing from anyone about my HIV diagnosis. But a lot of what happened during that period is very, very hazy.

Off hand, I would expect a call.

robert
Title: Re: I always expected this call....
Post by: MarcoPoz on January 12, 2009, 02:43:11 pm
Okay crazy idea coming...

So if the 'knock at the door' is to be expected...doesn't it make sense that it would be proactive and a bit empowering to knock at THIER door.  I mean contact THEM?  At least it's on own own terms and we control where and when.

Just a spastic-after-lunch brain twitch.  Forgive me if its nuts.
Title: Re: I always expected this call....
Post by: Blixer on January 12, 2009, 11:19:24 pm
Marco, being proactive probably all depends on where you live.  In Missouri we have county health departments in every county and the city of St. Louis.  That's like 113 of them.  But one good thing is that only certain health departments deal with HIV issues (6 of them).  That keeps the number of people who could potentially have access to an individuals HIV status to a minimum and is supposed to provide the required confidentiality.  So in my case, my HIV+ test was confirmed in one county, I live in another county, and the follow up comes from a 3rd county.  For  while, I wasn't sure if St. Louis was going to be doing the contacting or the Southeast Missouri unit.  (that's because I have two addresses... one in the town where I work and stay during the week and one in St. Louis where I own a house).  And as in my case, it took 3 years for the information to filter though the system. Had I called prior to that they wouldn't have even had anything in their system.  I believe that in order to get HIV funds from the CDC that all states now have to do name based reporting and they have to have some sort of follow up to do that.  A few states resisted the name based reporting but the last I heard, all were coming into compliance.  But exactly how they do it varies from state to state.

Of course, due to privacy and HIPPA issues, only certain people in any health department are supposed to have access to the HIV status information.  So that might be an issue in being proactive.  You may be disclosing to someone you don't really need or want to disclose to in the process.
Title: Re: I always expected this call....
Post by: MarcoPoz on January 13, 2009, 08:32:52 am
Blixer, we have a very similar system here in Michigan.  My advocacy for being proactive is reliant upon people inside the state health department and whoever is charged with partner services, to get the word out to PLWH/A's about who is doing PS work and whart their geographical areas are.  Currently we have PWA advocates who either work for the state health department or advize them through community planning processes which could be utilized to educate the PLWH/A community about PS services.

I've always been a fan of taking our issues onto ourselves and being proactive about them.

Title: Re: I always expected this call....
Post by: randym431 on January 13, 2009, 09:20:14 am
I was told in the beginning there would be a follow up, for my benefit and their concern with any issues I have.
 Never got a call or anything.
But as to
Quote
Missouri requires documentation that all HIV+ individuals have been contacted and notified that it is a felony if they engage in sexual activity without disclosing their HIV status. 
The signature form is to confirm that I have been informed of the law.

I find that totally discussing. I would never sign anything. Let them threaten to do whatever.
Sounds like a good us supreme court case. And it would be in your favor.
Ask then about a gun owner, or licensed driver, or someone in a bar taking a drink.
They too could cause harm to others. Do they need to sign something proving the guy at the bar
could cause injury or death if they drive after drinking?
Or the gun owner might shoot the neighbor while cleaning his/her gun?

THis sounds as something from back in the 1980's when little was known and unreasonable fear was high
in the population due to a lack of education on the subject.

Totally bible belt stupidity!!!
I'd tell them I'd sign just after they blow me...!   ;D
Title: Re: I always expected this call....
Post by: denb45 on January 13, 2009, 10:26:52 am

Totally bible belt stupidity!!!
I'd tell them I'd sign just after they blow me...!   ;D


Yeah, I agree, after 25 yrs. you would think, people wouldn't feel that way about HIV/AIDS, and being educated ( like most everyone is now-a-days) but ,it all depends on where you live  ???
Title: Re: I always expected this call....
Post by: MarcoPoz on January 13, 2009, 10:58:42 am
Ahh...no matter what State, the Partner Services guidelines STILL say that PS is to be voluntary and non coercive--I guess that would go with asking them to blow ya' too ;-)
Title: Re: I always expected this call....
Post by: pos2007 on January 14, 2009, 11:10:01 pm
Blixer, we both  tested  pos.  in 2007.  We also  live  in S.E.   Mo   and  haven't  heard  from  the state either  and  wouldn't   have  heard  from  the  county  if  we  hadn't   contacted  them after  giving  up   on  them.  They all  have  their heads  in  the sand   and  are  in  denial  down  here.  They  haven't  even  updated  the  number  of cases since 2002  I  understand.  Expect to  have  to sign  papers every  3  months  for the rest  of  your  life. People  come  by  and  give  us the  3rd degree and  and  make  us  sign a  whole  folder  of  papers every  3  months.   We  have  been  told  by  many we would be much  better  off  if  we  moved to St  Louis  or  Kansas City because  the programs  are 100%  better   in those 2  areas  ,  but  it  is  not  that easy.   We do  go  to Washington  University  for  our  care though and  it  is far superior  to  that   in S.E.  mo.  ,  Especially   considering that  we were  miss  diagnosed  for  years down  here and  no body ever suggested  or  gave  us an  HIV  test because we  "  had  none  of  the  normal  risk  factors";  e.g  white,   long  term  monogomus  marriage,   no   drug use,   but  it  does  seem  they  do  give  HIV  infected  blood down  here,  but  still  no  testing.   Expect  the  humility  to continue as we regularly get asked  if  we want  to  change  our story about  how we  may  have been  infected.    If  there was  any way  I  could  leave  this area I would ,  but  since we  have   ended up  going  from a very  comfortable  lifestyle   to  being  medicaid recipients  due to  this  disease and years  of many  S. E.  Missouri  Drs.   with their  head  in the sand,  I can't see  how  we  can  now.   Just  be  glad   you are  healthy and  didn't   have a viral  load  of 600,000 and  zero  cd4 and  near  death  before    a Dr. ever brought  up  the  idea  of  giving  you  and  HIV  test after going  to  Drs.  for   years  to  try to  find  out  why  our  health was  failing  and were were  having  so  many  complications ( Pneumonia,  Infections,  ,Thrush,  Shingles, Cancer) . We  have  found  out no aspect  of   our  private  life  is  private  any  more and   it  is invaded  upon all  the  time and we are  continually  reminded that we can  go  to  prison    for  having sex with  anyone  else  by  the public  health  locals.  I  am  sure  criminals  are treated  better.  The  health  care system  here  is  very  demeaning.   Good  luck  to  you.
Title: Re: I always expected this call....
Post by: Blixer on January 15, 2009, 03:08:52 pm
Thanks for sharing that information pos2007.  I was lucky that I had a very good doctor even though I was in Southeast MO.  I had very few symptoms, but she was very sharp.  I can't say my first experience in St. Louis with an HIV doctor was very good.  But now that I've found the Washington University ID clinic I'm in good hands and doing quite well.

I do know what you mean about this area of the state.  From the very beginning I sought out services in St. Louis because I did not want to deal with the backwardness of this area.  I was hoping that even my state contact would come through St. Louis.

I did have my meeting yesterday and it was a very low key meeting.  The "Disease Intervention Specialist" said she didn't have a clue how I fell through the cracks.  It seem to cast suspicion on the whole process though.   Luckily, my meeting was very different from your experience.  I didn't have to provide any personal information.  I had one form to sign that confirmed that I had received initial counseling and that I understood the Missouri disclosure law and that was it.  They do have my mailing address, but they don't have my residence address.  That would be easy enough to get, but overall it was kind of like "we have done what we are required to do.  Here is our card.  Call us if we can be of any assistance."  I'm lucky that I'm currently in a clinical trial and have good private insurance.

I know the disease does cause extreme financial burdens and can be very devastating.  The processes in place do make you feel like a second class citizen and is often very demeaning.  It seems that it is only after much effort and you hit rock bottom that you can really get much in the way of services.  I know there are some states with really good programs, but I don't feel Missouri is one of them.

Anyway, I'll be on the lookout for any signs of follow up to this.  Hopefully I'm done with them and can get back to my somewhat hectic life and keep a bit of privacy.