Objectives

1. To become familiar with laws that mandate the creation and use of some ethicscommittees.

2. To become familiar with the areas of law that afect ethics committees’deliberations.

3. To understand the importance of becoming familiar with your own state’s law.

Case

Tina is an 11-year-old HIV+ girl. She acquired her HIV at birth, from her infected mother, Barbara.(Barbara had not sought medical care during her pregnancy.) Barbara and Tina movedinto the community shortly after Tina’s birth, and since then Barbara has been bringing Tina tothe hospital’s outpatient pediatrics clinic for HIV treatment and drugs. (Barbara sees a differentphysician.)

Tina’s viral load is well controlled. Because Tina has been visiting the clinic since beforeshe can remember, she regards her trips there as a normal part of life, and has never questionedthem. The clinical team has asked for an ethics consult because Barbara has nevertold Tina the nature of her illness, and has forbidden the team from informing her, either.Tina’s physicians are concerned that Tina may soon become sexually active; they want her tounderstand about her HIV status and the risks of transmission. They also point out that Tinais approaching the age at which she could consent on her own to simple medical treatments;they argue that she ought to know her HIV status in order to be able to communicate it tocaregivers.