New Law Lets Wis. Teachers Force HIV Tests

AP ^ | 4-16-04 | TODD RICHMOND

[Indy Pendance]

MADISON, Wis. (AP) -- Gov. Jim Doyle signed first-of-its-kind legislation Friday that requires students to get tested for HIV if teachers think they were exposed to contaminated blood.

Privacy advocates say the law infringes on students' medical privacy and could lead to discrimination against gays. Simon Davies, director of Privacy International, called the law "a wild exaggeration" of HIV fears.

"It's appalling," Davies said. "My first reaction was it can play to the worst ignorance and bigotry of people."

Republican Sen. Carol Roessler introduced the bill after a student at an Oshkosh alternative school cut his hand on a window and splattered blood in a teacher's eye in 2001.

The teacher asked the student to submit to a blood test, but his parents refused, said Bob Geigle, director of pupil services for the Oshkosh Area School District. The teacher, who ultimately tested negative for HIV, had to get a court order for the student to get tested.

Geigle said the law is a necessary precaution for teachers, who too often face violence or emergencies.

"They are front line personnel, so to speak," Geigle said. "They're as likely as first responders to come into contact with someone who is HIV infected."

But Davies said the circumstances in which a teacher might be infected with HIV from a student's blood are so "exceptional, they're almost nonexistent."

The law is the first of its kind in the country to specifically list school district employees in the same class as emergency workers who, in many states, can make people take blood tests if they think they have had contact with contaminated blood, according to the National Conference of State Legislatures.

Wisconsin law allows emergency personnel such as firefighters and prison guards to force someone to submit to an HIV test if the worker is significantly exposed to that person's blood.

The workers must have taken precautions against exposure, must get a doctor's written proof that they were significantly exposed and have an HIV test themselves before they can force someone to take a test. The new law makes teachers subject to the same criteria as other emergency workers.

[cyborg]

huh? Maybe they know something I don't know. HIV is most transmittable through anal so... forcing students to get an AIDS test? What?

[Ruth A.]

But Davies said the circumstances in which a teacher might be infected with HIV from a student's blood are so "exceptional, they're almost nonexistent."

And so teachers act as though everyone has HIV when a student bleeds for any reason.

[Lunatic Fringe]

If I were exposed to ANY teenager blood, I'd want an AIDS test done on them. It's not discrimination against gays, it's a blanket judgement on dirty, skanky, sex-crazed teenagers!

[mean lunch lady]

Some blood-borne pathogens are transmitted through mucous membranes, which includes the eye so if the blood went into the teacher's eye, I could understand the concern there, maybe.

[cyborg]

You may be right. I think if I was in the same situation I'd want to know.

[admiralsn]

I am a high school teacher and have been exposed to blood while breaking up a fight. I was certainly very concerned, not necessarily about AIDS, but about a vast array of many other disease possibilities. Can't say it is with every kid, but as promiscuous as many of them are today, this really isn't a bad idea, IMO.

[mean lunch lady]

I hate to say it, but you are right, I have heard that Hepatitis is much more contagious than AIDS. Don't know if that is accurate but it is something to think about. When the school board I work for offered to pay for the Hep B series for any staff who wanted it, I went and got mine.

[ServesURight]

HIV is extremely difficult to catch heterosexually. It is the equivalent of smoking industrial hemp to get a high.

Thank you, Ed Thompson, for running as the Libertarian candidate in 2002 and throwing the race to Bingo Doyle.

[cyborg]

I was not even aware not everyone could force such a test. I was wrong. Sheesh... it stinks that things could be so bad that a teacher would suspect a student has AIDS.

[Ben Chad]

Well today the PORN industry went lockdown because of HIV dissemination to stars of both genders.

[spunkets]

"HIV is extremely difficult to catch heterosexually"

It is the primary mode of transmission in the world, especially in Africa were it originated.

[spunkets]

"things could be so bad that a teacher would suspect a student has AIDS."

The incident happened in an alternative school. That's were the miscreants attend, because they are too disruptive to attend regular school. There was probably something about the kids history that was cause for worry.

[cyborg]

Homosexual closet cases having sex then having sex with their wives is what fuels the AIDS in Africa. Same way it is here and how it got spread in the first place. I was just talking to my friend about AIDS last night (she lives in SA). A Xhosa man will be married to one wife but can have up to six wives, and all is needed is one person to have AIDS. Also, rape too... a lot of women are afraid to admit rape and they could have AIDS (that's sad) and not tell anyone. BTW, read Mark Mathabane's Kaffir Boy... you can read where he narrowly escaped a male gang rape while living in a apartheid era township.

[spunkets]

"what fuels the AIDS in Africa"

Fidelity to one's spouse is not a part of African culture.

[cyborg]

And it's part of this culture? You don't know what you're talking about.

[cyborg]

I thought it was cute you snipped one little half sentence out of my whole post, but in case you need a reality check, read the erotic services section of craigs list sometime. Or perhaps read the news.

[spunkets]

It's well documented in the epidemiological lit. Brazil is also a place where fidelity is not held in high regard.

[cyborg]

I am not convinced considering what passes for popular culture in America. Point to me where in American popular culture fidelity is being held up as a moral standard? It's not.

[spunkets]

"where in American popular culture fidelity is being held up as a moral standard? It's not."

The difference is that in American culture infidelity usually leads to divorce. Outside of marriage sex is usually part of some committed relationship. Yes the divorce rate is high and there is a tremendous push for relaxing moral stds. The point I was making though, was that hetrosexual sex is a primary mode of transmission.