Quantcast

Subscribe to:
POZ magazine
Newsletters
Join POZ: Facebook MySpace Twitter Pinterest
Tumblr Google+ Flickr Instagram
POZ Personals
Sign In / Join
Username:
Password:
Welcome, Guest. Please login or register.
October 25, 2014, 09:27:49 AM

Login with username, password and session length


Members
  • Total Members: 23785
  • Latest: corydon
Stats
  • Total Posts: 643521
  • Total Topics: 48966
  • Online Today: 191
  • Online Ever: 585
  • (January 07, 2014, 02:31:47 PM)
Users Online

Welcome


Welcome to the POZ/AIDSmeds Community Forums, a round-the-clock discussion area for people with HIV/AIDS, their friends/family/caregivers, and others concerned about HIV/AIDS.  Click on the links below to browse our various forums; scroll down for a glance at the most recent posts; or join in the conversation yourself by registering on the left side of this page.

Privacy Warning:  Please realize that these forums are open to all, and are fully searchable via Google and other search engines. If you are HIV positive and disclose this in our forums, then it is almost the same thing as telling the whole world (or at least the World Wide Web). If this concerns you, then do not use a username or avatar that are self-identifying in any way. We do not allow the deletion of anything you post in these forums, so think before you post.

  • The information shared in these forums, by moderators and members, is designed to complement, not replace, the relationship between an individual and his/her own physician.

  • All members of these forums are, by default, not considered to be licensed medical providers. If otherwise, users must clearly define themselves as such.

  • Forums members must behave at all times with respect and honesty. Posting guidelines, including time-out and banning policies, have been established by the moderators of these forums. Click here for “Am I Infected?” posting guidelines. Click here for posting guidelines pertaining to all other POZ/AIDSmeds community forums.

  • We ask all forums members to provide references for health/medical/scientific information they provide, when it is not a personal experience being discussed. Please provide hyperlinks with full URLs or full citations of published works not available via the Internet. Additionally, all forums members must post information which are true and correct to their knowledge.

  • Product advertisement—including links; banners; editorial content; and clinical trial, study or survey participation—is strictly prohibited by forums members unless permission has been secured from POZ.

To change forums navigation language settings, click here (members only), Register now

Para cambiar sus preferencias de los foros en español, haz clic aquí (sólo miembros), Regístrate ahora

Finished Reading This? You can collapse this or any other box on this page by clicking the symbol in each box.

Author Topic: Under State of Texas, Health and Safety Code, I order you to...  (Read 2436 times)

0 Members and 1 Guest are viewing this topic.

Offline WillyWump

  • Member
  • Posts: 7,202
  • Fall is in the air!
Saw this piece on the news last night, it's about a guy who knowingly infected another guy with HIV..

http://www.ksat.com/video/23625167/index.html

Sad story, but the interesting thing I found in the clip is a letter from Bexar County MetroHealth that anyone found to be HIV+ (by Metrohealth) is supposed to read and sign. The letter states, among other things, that you are ordered to disclose your status to any sexual partner before sexual contact occurs, and if you fail to do so court proceedings and possible quaratine may result.

Copy of letter:
"Dear [NAME]
I have reasonable cause to believe tha tyour diagnosis, based on information available at this time, is probably Human Immunodeficiency Virus (HIV), which is a serious communicable disease. By the Authority given to me by the State of Texas, Health and Safety Code, section 97.8, I hereby order you to do the following:
1. Notify any prospective partner of your positive HIV status before any sexual contact occurs.
2. Do not engage in any type of oral, anal or vaginal sex without using a latex condom.
3. Do not share needles for intravenous or intramuscular injection with any other person.

If you fail to follow these orders, court proceedings may be initiated against you as dictated by State Law. After a hearing, the Court may order you to be quarantined at the The Texas Center for infectious Diseases in San Antonio or another facility. The court proceedings could also include having you placed in the custody of the BExar County Sheriff until the hearing."

I'm sure this is something that is being done across the US and not only here in San Antonio, but Ive never signed a letter, and never heard of the letter.

All very interesting, Has anyone had to sign one of these?

-Will
POZ since '08

Last Labs-
6/3/14 CD4- 736, UD 34%
6/25/13 CD4- 1036, UD,
2/4/13, CD4 - 489, UD, 28%

Current Meds: Prezista/Epzicom/ Norvir
.

Offline dixieman

  • Member
  • Posts: 889
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #1 on: May 21, 2010, 01:58:37 PM »
No... I'm sorry Ive never witnessed anything like this... but, I am aware of people intentially spreading this virus in the past and some even today? The United States is the Leader in the Industrial Countries as having the highest incidence in STD'S ... that's one reason I'm on pozpersonals... I do not want to have to explain about being poz to others... its just a given fact!

Offline mecch

  • Member
  • Posts: 11,930
  • red pill? or blue pill?
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #2 on: May 21, 2010, 03:01:01 PM »
2. Do not engage in any type of oral, anal or vaginal sex without using a latex condom.

So, one could be in a relationship and there could be consent to oral sex without condoms, and then the relationship goes to hell, and then the ex could have one prosecuted for oral sex without a condom???
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline tednlou2

  • Member
  • Posts: 4,988
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #3 on: May 21, 2010, 03:31:07 PM »
I can't believe they are making people sign a legal document that says you will not have unprotected sex.  It makes no mention about whether the other person knows and consents to unprotected sex.  That is getting a little too over the top.  I've talked about my partner wanting to perform oral on me as it is a very low risk.  He has done the research and knows that it is very rare to contract that way.  So, I could be hauled away for that?  I don't like him doing it anyway and I try to move things where I'm the one performing oral on him.  However, he consents to do it.

We had a discussion about these issue just a few weeks ago on the forums.  How would you prove you told the person?  I suggested video-taping the disclosure.  I said it sounds very silly and paranoid..not to mention would ruin the mood, but with legal documents like this, it seems very rational.  And, how would you prove you used a condom?  If someone was pissed at you and lied, it would be your word against theirs.  If they were HIV poz as well, how could you prove they must have already had it or got it later from someone else?  But as we've seen with the guy from Indiana, the person doesn't have to test poz.  As far as I know (unless new info as come to light), none of the women that man was with has tested poz.  I believe he is still in jail awaiting trial.

Offline Joe K

  • Global Moderator
  • Member
  • Posts: 3,795
  • 31 Years Poz
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #4 on: May 21, 2010, 04:46:29 PM »
This would be funny if it was not so seriously deranged. If he has the power to compel pozzies, then why does he need you to sigh a letter? Also, since he is threatening everyone required to sign the letter, with prosecution, your signature would be done under duress and generally not legally binding. Further, how does this bozo know, that every person he is sending a letter to is HIV poz. The wording is very suspicious and what happens when he sends one to a non-poz person? How will he explain his violation of HIPPA laws, because there is no law aimed at negative people, so he has violated their medical privacy.

I would suggest that Texas pozzies, start to make some noise, because rules/laws like these are only there to demonize poz folks and I'm sure these tactics would never stand up, under legal scrutiny.

Offline Buckmark

  • Member
  • Posts: 1,532
  • Would you like to tie me up with your ties, Ty?
    • Henry's Home Page
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #5 on: May 21, 2010, 06:36:25 PM »
If this guy is going around infecting people, knowingly and deliberately, that's despicable.

It's sad that the guy he infected believed him when he said he had no STDs, and used that in his decision to have unprotected sex with him.  What if the guy didn't know he was postive? 

There are disclosure laws in many US states, and I had thought Texas was one of them.  Disclosure is one thing.  However, signing a letter from the health department which "orders" you to follow certain procedures during sex, is something else entirely.  I don't know how a government official can make you sign such a letter, and I certainly wouldn't.  Is it really against the law for an HIV+ person to have sex without a condom?  I don't believe so.

I've never seen any communications like this up here in Williamson county, although I can well imagine Williamson jumping on the band wagon.  ::)

Forget about helping a person who is HIV+.  The first thing the government wants to do is demonize them, and make sure they can place blame.

Regards,

Henry


"Life in Lubbock, Texas, taught me two things:
     One is that God loves you and you're going to burn in hell.
     The other is that sex is the most awful, filthy thing on earth and you should save it for someone you love."
- Butch Hancock, Musician, The Flatlanders

Offline WillyWump

  • Member
  • Posts: 7,202
  • Fall is in the air!
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #6 on: May 21, 2010, 06:52:24 PM »
I'm still trying to verify the existence and use of this letter in Bexar County. The few (poz) people Ive talked to here knew nothing about it. None of them has signed anything like this.

The part that is somewhat worrisome is the statement  "quarantined at the The Texas Center for infectious Diseases in San Antonio or another facility" for failure to follow the order. If there is a Governement document that threatens Quarantine based on failure to follow an "order" in a situation that would be difficult to prove, then there is great room for abuse. (Visions of concentration camps flit through my mind)

I agree this order would be near impossible to enforce, but I'm still wondering why BExar County would be behind something like this.

@BuckMark, I'm actually surprised Williamson County isnt on board with this yet, of course their remedy for failure to comply would be simply "Get a Rope".

-Will
« Last Edit: May 21, 2010, 06:55:26 PM by WillyWump »
POZ since '08

Last Labs-
6/3/14 CD4- 736, UD 34%
6/25/13 CD4- 1036, UD,
2/4/13, CD4 - 489, UD, 28%

Current Meds: Prezista/Epzicom/ Norvir
.

Offline Hellraiser

  • Member
  • Posts: 4,136
  • Semi-misanthropic
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #7 on: May 21, 2010, 09:08:56 PM »
I was required to sign 6 bullets in Mississippi...


1 of them stated that I must always use condoms with sexual partners
1 of them stated that I must always disclose to any sexual partners
1 of them stated that if I was found to be the party responsible for infecting anyone I would be potentially jailed and/or quarantined

I can't make this shit up.  In another thread I mentioned that the interview with the health department was the worst part of the entire ordeal and I stand by that statement.

The guy was well intentioned but I felt like I had committed a crime by being infected.

Offline madbrain

  • Member
  • Posts: 1,208
  • No longer an active member
    • My personal site
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #8 on: May 21, 2010, 09:28:14 PM »
I'm sure this is something that is being done across the US and not only here in San Antonio, but Ive never signed a letter, and never heard of the letter.

All very interesting, Has anyone had to sign one of these?

-Will

Never had to sign this in California.

Offline madbrain

  • Member
  • Posts: 1,208
  • No longer an active member
    • My personal site
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #9 on: May 21, 2010, 09:31:03 PM »
Is it really against the law for an HIV+ person to have sex without a condom?  I don't believe so.

No. But in many places, it is against the law to do it without disclosing HIV status first.

Offline tednlou2

  • Member
  • Posts: 4,988
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #10 on: May 22, 2010, 12:05:13 AM »
Oh Texas, thank you for taking all the jokes away from Kentucky.  I just saw on the news tonight that Texas is going ahead with plans to rewrite text books.  They are down-playing slavery, civil rights movement, etc.  What is so bad is that many of those books end up in other states, because Texas is the biggest text book buyer.  I guess I'm getting off topic here, but they seem to be more and more nutty.  I believe a poll of Texans show a majority are in favor of breaking off into their own country.  If it wasn't a majority, it was at least half.


Offline weasel

  • Member
  • Posts: 1,686
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #11 on: May 22, 2010, 10:33:33 AM »
 

                   I had to do the  same as  Hellraiser !

                 That was in LAS VEGAS , NEVADA  ! When  I registered with the health Dept.
                 ALSO  I had to sign  in   POPLAR BLUFF , MISSOURI .
                  I find it gives the caseworkers   CONTROL of your life , Or so they think !
                  It is elleagle  to  pass HIV on  knowingly . I think we all know that !
                 OH YA , If you don't LISTEN to your case worker OR say anything they do not
                  like YOU LOOSE ! Simple as that .

                                                        Carl , The one that spoke out and lost my Ryan White
                 

               

                 
" Live and let Live "

Offline Basquo

  • Member
  • Posts: 3,260
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #12 on: May 24, 2010, 08:02:12 PM »
Never heard of that; never had to sign a letter; never ever was contacted by any health authority.

I googled "The Texas Center for infectious Diseases" and it looks like a quarantine center for TB patients. Not much about HIV. It does mention "AIDS."

Offline aztecan

  • Member
  • Posts: 5,399
  • 29 years positive, 57 years a pain in the butt
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #13 on: May 25, 2010, 12:35:44 AM »
Yikes! We New Mexicans are trapped between Texas and Arizona!

Talk about being trapped between a rock and a hard place! :o :o :o

I may live in a banana republic, but at least its a benevolent banana republic. For the record, there are no such letters here.

HUGS,

Mark
"May your life preach more loudly than your lips."
~ William Ellery Channing (Unitarian Minister)

Offline PozBrian

  • Member
  • Posts: 200
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #14 on: May 25, 2010, 02:50:32 AM »
I managed to find the the Texas Health and Safety Code statues and guess what, Title 2, Subtitle D, Chapter 97, Section 97.008 does not exist. Chapter 97 is titled "Arthritis Control and Prevention" and only goes up to section 97.007.

There is a chapter on HIV but it is Chapter 85. Lots of subchapters and sections but none of them seem to require anything like this letter. I didn't read all of it however. Most of what I did read seemed reasonable. That said, I'm not a lawyer and even though the letter says the "Texas Health and Safety Code" it could be really be some where else.

My guess, that's a bunch of BS.

Health and Code:
http://www.statutes.legis.state.tx.us/?link=HS

Chapter 85: ACQUIRED IMMUNE DEFICIENCY SYNDROME AND HUMAN IMMUNODEFICIENCY VIRUS INFECTION
http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.85.htm

Chapter 97: ARTHRITIS CONTROL AND PREVENTION
http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.97.htm

However, I do know that active duty Sailors are ordered to use condoms. I would assume that it is the same for the other services. There was a recent thread about a Sailor who was disciplined for that. It doesn't matter if HIV status was disclosed or not. The military is a different case.
3/8 CD4: 495, 31%, VL UD
2/1 CD4: 564, 20%.VL UD, switching to Issentress & truvada
10/11 CD4: 446, 29%, VL UD
7/11 CD4: 873, 35%, VL UD
4/11 CD4: 573, 34% VL 0
12/10 CD4: 405, 30% VL UD
9/10 CD4: 416, 31% VL UD
5/10 CD4: 393, 29% VL: UD
02/10 CD4: 423, 37% VL: UD
11/09 CD4: 379, 25% VL: UNDETECTABLE!!
10/09 CD4: 245, 25% VL: 87
9/09 CD4: 246, 24% VL: 49!
8/09 CD4: 277, 26% VL: 115
7/09 CD4: 346, 24% VL: 221
6/09 started Atripla
5/09 CD4: 326, 16%  VL:125000
4/09 HIV +, CD4: 397, 16%  VL:195000, PPD reactive

Offline WillyWump

  • Member
  • Posts: 7,202
  • Fall is in the air!
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #15 on: May 25, 2010, 02:03:27 PM »
I managed to find the the Texas Health and Safety Code statues and guess what, Title 2, Subtitle D, Chapter 97, Section 97.008 does not exist.

My guess, that's a bunch of BS.
 


HA! that's hillarious that the section doesnt even exist.

My guess is this is some letter that is stuck in someones file cabinet and they trot it out for Photo ops but they never really use it. I've yet to find someone here in SA that has signed anything close to this.

-Will
POZ since '08

Last Labs-
6/3/14 CD4- 736, UD 34%
6/25/13 CD4- 1036, UD,
2/4/13, CD4 - 489, UD, 28%

Current Meds: Prezista/Epzicom/ Norvir
.

Offline Ann

  • Administrator
  • Member
  • Posts: 28,140
  • It just is, OK?
    • Num is sum qui mentiar tibi?
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #16 on: May 25, 2010, 02:29:49 PM »

HA! that's hillarious that the section doesnt even exist.


It's pretty creepy, actually. If I lived in Texas, I'd be having someone's guts for garters for this false propaganda. It's an outrage. It's bad enough that someone created the document and is peddling it to the media, but that they couldn't even cite real statutes is beyond the pale. Sickening. Makes me think of witch-hunts.
Condoms are a girl's best friend

Condom and Lube Info  



"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for." Kofi Annan

Nymphomaniac: a woman as obsessed with sex as an average man. Mignon McLaughlin

HIV is certainly character-building. It's made me see all of the shallow things we cling to, like ego and vanity. Of course, I'd rather have a few more T-cells and a little less character. Randy Shilts

Offline WillyWump

  • Member
  • Posts: 7,202
  • Fall is in the air!
Re: Under State of Texas, Health and Safety Code, I order you to...
« Reply #17 on: May 25, 2010, 02:47:19 PM »
Makes me think of witch-hunts.

Much agreed!

-Will
POZ since '08

Last Labs-
6/3/14 CD4- 736, UD 34%
6/25/13 CD4- 1036, UD,
2/4/13, CD4 - 489, UD, 28%

Current Meds: Prezista/Epzicom/ Norvir
.

 


Terms of Membership for these forums
 

© 2014 Smart + Strong. All Rights Reserved.   terms of use and your privacy
Smart + Strong® is a registered trademark of CDM Publishing, LLC.