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HIV-AIDS Testing

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Speakers - Arena The Hon Franca; Dyer The Hon Ron
Business - Questions Without Notice

HIV-AIDS TESTING

The Hon. FRANCA ARENA: I ask the Minister for Community Services, Minister for Aged Services, and Minister for Disability Services, representing the Deputy Premier, Minister for Health, and Minister for Aboriginal Affairs a question without notice. I am sure that the Minister shares the concern of members of this House about today's reports that a New South Wales teaching hospital is breaking national guidelines and laws by testing patients for HIV without telling them and allegedly using AIDS funding for other services. Will the Minister inform the House what truth there is in the above allegation. If it is true, what will the Government do about it?

The Hon. R. D. DYER: The honourable member's question relates to a study about the care and treatment of HIV-AIDS patients in a New South Wales teaching hospital. I am advised by my colleague the Minister for Health, the Hon. Dr. Andrew Refshauge, that the study, conducted in 1993, reflected the hospital's willingness to be examined. The hospital acknowledged the need for change when problems were identified. The study's methodology involved anecdotal reports from anonymous sources, which reflect different perceptions and different levels of knowledge. The Department of Health is supportive of this study and its methodology, which allows both full and frank discussions. The health system as a whole benefits from the results of such discussions.

Mandatory HIV testing of patients is not supported by NSW Health. The department's policy clearly states that HIV testing of patients should be undertaken only when clinically necessary, voluntarily and with appropriate pre-test and post-test counselling. The Department of Health advises that HIV-AIDS funding is allocated within New South Wales according to identified needs. Funds are allocated for approved purposes only and are subject to audit and annual review. It should be noted that much work has been done on HIV-AIDS policy since 1993 when this study was undertaken. The New South Wales Department of Health has revised comprehensively its 1992 infection control policy. The revised policy accords with international best practice and sets out a framework to enable health-care facilities to provide and maintain a safe environment for patients and health-care workers.

The policy is based on universal precautions, which require health-care workers to treat all patients the same, regardless of known or unknown infections. The specific infection control responsibilities of individual health-care workers are now clearly set out in infection control regulations under professional
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registration Acts. In 1994 an amendment was made to the Anti-Discrimination Act 1977 to address discrimination against people with HIV on the grounds of disability. NSW Health has issued guidelines on the legal responsibilities of health-care workers regarding HIV confidentiality. A number of health-care worker education initiatives include the provision of information on HIV-related discrimination and infection control practices in the workplace.





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