Hep C Discussion Forum

Wow, thank you all for the detailed responses!

I will tell all health specialists that I visit. On the other hand I will likely keep to myself with others (unless there is a chance of getting them exposed).

By the way, as far as getting a shave with a barber, they usually use disposable razors (at least to the place I have been to).

Simply put, I agree with Tig 100%.  

My general guideline is to speak up if it is helpful.  Post SVR 12, I am an example of a cure. I am generally more open in an effort to inform, but only if the other person is actually listening, as opposed to gossiping.  If I have a cut, I keep it away from others.  If someone jumps in to help, I back them off.  Remember - no shame! It's a virus.

EricChuckFar1 wrote:

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I have a specialist doctor visit scheduled in a few days and I realized that now I have to disclose to every single doctor I go to that I have HCV. This made me curious. Are there any legal ramifications if HCV is not disclosed? It's not even clear when is it appropriate to do so. For instance, while getting a massage they have a little questionnaire that lists several diseases as well as an "other" field. Do we have to disclose HCV there? What about when getting a shave at the barber?

 

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Greetings,

Each person should consider their own private moral convictions in such matters and follow those as a matter of conscience.

With regard to The Law, in The United States there are few Federal Laws that would apply across the board. They generally however are specific to such activities a Blood Donation and the required testing to ensure a "clean process".

Individual States tend to regulate via State Law in such matters. Almost all have statues which include such crimes as assault and battery, reckless endangerment, and attempted murder. Each of these crimes however are tied to actual intent to do harm.

Only a signed document with an acknowledgement of knowingly providing false or misleading information constitutes Perjury, and could be used against you in a Criminal proceeding. This in regard to that "little questionnaire" you mentioned.

The Health Insurance Portability and Accountability Act (HIPPA) in a nutshell gives YOU the Patient control over use of your Health Information.

To conclude, I would contend that unless it can be proven, beyond a reasonable doubt, that you with malice and forethought intended to do harm to another via transmission of HCV, and let me be clear, intended for them to be infected through direct contact with you, there is no Law and where there is no Law there can be no transgression.

As an example only. A Prostitute once arrested may be tested for Viral Conditions such as HIV and perhaps HCV. If found positive, a Judge would then have to stipulate that future convictions of Prostitution could constitute crimes such as assault and battery, reckless endangerment, and attempted murder. Now in such a case, the intent could be established based on the ruling going forward. 

Now the flip side of the coin. Consider that you do not have an infection.

If you walk into a Dentist Office, a Tattoo Parlor, a Doctor or any other direct contact scenario and you do not see proper procedures in place to protect YOU from an infection, do you feel comfortable running the risk of infection?

The "little questionnaire"in a Massage Parlor is more of a feel good fuzzy sort of thing and proves nothing as it is not fool proof nor legally binding. Some folks look at such things and think "oh good I am safe because they check". To be honest THAT is their sole purpose. To provide a pacifier that means nothing. When in a Doctors Office, such information transfers to Medical Records and in most cases is used to help determine cause and effect.

Common sense in most cases suffice. Consider that Barber and think about that blade. Used on others and may have created a cut that bled. The real question rests with the condition of the blade prior to it being applied to your face. Do YOU know it to be sterile? For an absolute certainty? If not, your own question about the need to disclose should rule. Even if you do, does that ensure the guy before you did?

Now if The Barber has an open wound I consider it less of a matter of do you have to disclose as to the fact that he does not have to do so and you have no idea what he has.

Again, this all points to common sense. HCV is a Blood to Blood Contact condition. If you are likely to come into a Blood to Blood situation, then I believe you are morally responsible to disclose. Unless ordered by a Court however, you are not Legally bound in a Criminal sense.

Keep in mind now that Criminal Law is separated from Civil Law. Just because you can't be tried in a Criminal Case does not necessarily mean you cannot be brought before a Civil Court. This is the difference between Beyond a reasonable doubt and a Preponderance of evidence.

In closing we are not required to wear a "Scarlet Letter" and it must be remembered neither are those we come in contact with. 

 

My comments are with regard to The United States of America and individual Countries may have other requirements in place.

JimmyK

 

 

I too shared it with all practitioners I was a patient of. Yes they are supposed to follow universal precautions but I wanted to do my part. With the privacy laws in place I was never concerned. (this is me and my reasoning) One never knows what we will learn from others or perhaps teach others, so I was quite open with my situation. I regularly got massages during the interferon days as it helped move the Rx thru the system and helped my aches and pains. Went to monthly on harvoni. I am sure you will do what feels comfortable to you and best of luck.