AEGiS-AP: Secret HIV Tests Alleged in S.Africa

Important note: Information in this article was accurate in 2000. The state of the art may have changed since the publication date.

Secret HIV Tests Alleged in S.Africa

Associated Press - Saturday August 26, 2000

JOHANNESBURG, South Africa (AP) - More than 50 physicians here are accused of testing people for HIV without their knowledge or consent - and then passing on the result to the patients' employer, media reported Saturday. The University of Witwatersrand's AIDS Law Project has filed complaints against the doctors with the Health Practitioners Association of South Africa. The tests were performed at the request of the patients' employers, the Saturday Star newspaper reported.

Most patients did not receive counseling before or after the test, the group said, adding that in some cases, test results were sent directly to the employer and the patient was not informed about the result.

A positive result meant almost certain dismissal, the group said. In a fifth of the cases, the employee was a domestic worker.

"It's nothing less than total discrimination," said Jennifer Joni, an attorney with the project. "The doctor is not concerned with the well-being of the patient, just the continued loyalty of the employer who wants to know if their employee is HIV positive."

According to the Health Practitioners Association's rules, HIV tests can be performed without a patient's consent only if a health professional has been exposed to infection by a needle-stick injury.

Physicians in violation of the association's rules face a warning, reprimand, a fine of less than $1,450, and suspension or removal from the medical register.

About 4.2 million South Africans - roughly 10 percent of the population - are HIV positive.

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