Take Action to Oppose Kansas HIV Quarantine Bill

Send to: kansas-kdhe-leg@hivlawandpolicy.org

I write to you to express my concern about Substitute for HB 2183. Over thirty years into the epidemic, HIV remains a highly stigmatized disease and recent research demonstrates that there are still significant myths and misunderstandings about modes of HIV transmission, many of which are evident in public policy and practice.

Substitute for HB 2183 as written perpetrates stigma against people living with HIV and does not accurately reflect current medical and scientific knowledge about how HIV is and is not transmitted. It violates the rights of people living with HIV.

Further, it fails in the stated intention to strengthen protections for individuals who may be occupationally exposed to HIV, who should have timely access to post-exposure prophylaxis in those very rare situations where occupational exposure and a risk of transmission may have actually occurred, regardless of the individual's test result, because it can take several months after infection before an HIV-positive person's antibody test is reactive.

In addition, Substitute for HB 2183 does not define which settings occupational exposure is restricted to, thus allowing for any employee in any setting to claim occupational exposure and demand testing under the circumstances where they are exposed to any bodily fluid, including saliva, which does not transmit HIV. Further, the bill does not provide for counseling of individuals who are tested for HIV, referrals to necessary medical and mental health services if they are diagnosed HIV-positive, nor for protections of confidentiality upon diagnosis.

For these reasons, I urge you to reject Substitute for HB 2183 as written, or at minimum to include the following amendments:

• Section 1.E. Add clarifying language that "potentially infectious materials" should reflect current medical and scientific knowledge about the disease being tested for and the mode of exposure.
• Section 2. B. Add that testing should be voluntary and that the secretary of health and environment should clarify the minimum factors required to seek involuntary testing, which must be reasonable and medically necessary, based on current medical and scientific knowledge.
• Section 2. B. Add: "The authority for isolation or quarantine shall not extend to infectious diseases or conditions that do not pose a significant transmission risk through casual contact."
• Section 2.B. Add: "The authority for involuntary testing shall not extend to infectious diseases or conditions that do not pose a significant transmission risk through occupational exposure or casual contact."
• Section 2.B. Remove the phrase "afflicted with or exposed to such diseases" and replace with "living or exposed to such diseases."
• Section 2.C. Add clarifying language that "potentially infectious materials" should reflect current medical and scientific knowledge about the disease being tested for and the mode of exposure.
• Section 2. Add language to provide for counseling when HIV testing takes place, regardless of test result, protections to assure confidentiality, and referrals to medically necessary services as well as mental health and other services if an HIV test is positive.

Thank you for your consideration.

Sincerely,

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