Privacy rights and HIV testing in the hospital setting: a medicolegal quagmire for administrators

The results of HIV testing must protect public health while preserving individual rights against unnecessary intrusions. To determine whether actual risks justify mandatory testing and reporting, the best possible objective medical information must be considered. Legislators and courts must not cave in to public sentiment and fears. Courts must scrutinize HIV testing legislation carefully to ensure that the legislative history is accurate and the primary goal is concern for public health, not for discriminating or creating scapegoats.