Restricting access of human immunodeficiency virus (HIV)-seropositive patients to infertility services: a legal analysis of the rights of reproductive endocrinologists and of HIV-seropositive patients.
OBJECTIVE
To discuss the legal rights of reproductive endocrinologists and HIV-seropositive patients seeking infertility services.


METHODS
Westlaw and LexisNexis commercial legal search engines were used to perform a legal review of statutes and cases pertaining to HIV-seropositive patients seeking health care services.


CONCLUSIONS
Human immunodeficiency virus antidiscrimination laws apply to healthcare providers whether they practice in private clinics or a university setting. Patients infected with HIV cannot be denied access to health services solely on the basis of their HIV status. If proof exists that HIV-seropositive patients will medically benefit by a referral to another provider with more expertise, it is legally permissible to refer these patients to another provider who has more expertise in providing infertility services to HIV-seropositive patients. However, the burden will be on the reproductive endocrinologist to demonstrate that he or she lacks the capability to care for HIV-seropositive patients and that the referral was for the medical benefit of the patient and of the patient's potential offspring.
Phelps
John Y
JY
Department of Obstetrics and Gynecology, Division of Reproductive Endocrinology and Infertility, University of Texas Medical Branch, Galveston, Texas 77555-0587, USA. jyphelps@aol.com
D004704:Endocrinology / Q000331:legislation & jurisprudence*; D005260:Female; D006679:HIV Seropositivity / Q000150:complications / Q000523:psychology; D015497:HIV-1 / Q000276:immunology*; D006287:Health Planning Guidelines; D006297:Health Services Accessibility / Q000331:legislation & jurisprudence*; D006801:Humans; D007247:Infertility, Female / Q000150:complications / Q000276:immunology / Q000628:therapy*; D008297:Male; D008962:Models, Theoretical; D028701:Patient Rights; D011287:Prejudice; D016079:Refusal to Treat / Q000331:legislation & jurisprudence*; D046269:Reproductive Rights; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence* / Q000523:psychology; D012955:Societies, Medical; D014481:United States; D015974:Wrongful Life