Oregon to Begin Collecting Names of People Who Test Positive for HIV

Starting on Monday, health officials in Oregon will begin collecting names of people who test positive for HIV, despite fears that officials won't be able to protect their privacy. General, non-identifying information about the person will be collected for broad demographic use about overall HIV infection rates. In addition, the state will make sure health providers make patients aware of available HIV care and prevention services. The code for patients will remain in a computer that is not connected to other computers or to the Internet. Access to the codes will be limited to a few state officials. The name itself will be permanently deleted from the state database within 90 days, to provide enough time to compile the reports. "So in a matter of just a few days, but in any case no more than 90 days, a person's name is completely erased from any HIV-related record held by the state," said Dr. Mark Loveless, chief of the reporting program.

A number of leaders of HIV prevention programs say the reporting system will discourage testing, regardless of how much the state reassures people about security. "We feel this will just stop us in our tracks," said Billy Russo, executive director of the Douglas County AIDS Council in Roseburg. People in rural areas will be especially reluctant to get tested if their names are submitted to a database, Russo said. Loveless emphasized that people still can be tested anonymously if they choose. "We have had anonymous testing for years, and we will continue to have anonymous testing," Loveless said. Steve Henson of North Bend, one of the 15 members of the state Public Health Advisory Board, said the reporting requirement may widen the window of opportunity for HIV infection because people will delay or avoid testing. The majority of the board backed the reporting requirement, which found support among some state lawmakers who initially were skeptical about ensuring privacy. "I think many more people will become infected as a consequence of this law, and it will become a burden on the health care system," Henson said. Henson also noted that state law protects confidentiality but it lacks any enforcement power. If a name is accidentally or deliberately released, the only recourse is to sue the state, which will make the person's name public.

"What's important is that we have to move forward," said state Sen. Avel Gordly, (D-Portland). "We have to keep educating people about HIV and get people tested." Loveless said the state Health Division and the attorney general's office are jointly considering new enforcement laws, including automatic dismissal for any state official who releases a name.

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