TOWN HALL – TEXAS HIV CONFIDENTIALITY STATUE

Texas HIV Confidentiality Statue

LIVE will be hosting a town hall forum to discuss the idea of repealing the Texas HIV Confidentiality Statute during the upcoming legislative session. In light of the advancements in HIV care, we believe such a law serves to perpetuate HIV-related stigma.

Although the Texas statute was well intentioned when originally passed, there are now laws in place to protect people with HIV from all forms of discrimination and through education and understanding; persons with HIV are no longer considered to be threats to society. Additionally, HIV most often does not lead to death, if properly treated. HIV is a manageable disease for most people in the USA.

It is important for the community to understand why LIVE is considering the repeal and also for us to hear what the community has to say about such a repeal. We welcome the community’s input on this important matter!
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Where and When

The town hall forum is to be held on: Wednesday, January 16, 2013 6:30PM-8:00PM Montrose Counseling Center, Event Room 107 401 Branard Street Houston, Texas 77006
For more information, please feel free to call our office at (713) 861-5483 or send us an email at contact@liveconsortium.org

http://www.liveconsortium.org

Information from LIVE CONSORTIUM:

LIVE CONSORTIUM is a Texas 501 (C) (3) non-profit organization whose purpose is to work towards the elimination of all HIV-related stigma. In that regard, the Texas HIV Confidentiality Statute makes it a crime and civil law violation for anyone to disclose another person’s HIV test result without that person’s consent. Such law is believed to be based on a time when being HIV positive was considered such a horrible disease that it warranted such secrecy due to the extreme discrimination and physical violence being directed at people who were HIV positive.

Although the statute was well intentioned when originally passed, there are now laws in place to protect people with HIV from all forms of discrimination and through education and understanding; persons with HIV are no longer considered to be threats to society. Additionally, HIV most often does not lead to death, if properly treated.  HIV is a manageable disease for most people in the USA.

As such, the LIVE board is considering seeking the repeal of the Texas HIV Confidentiality statute in the Texas Legislature.  HIV is the ONLY disease with a specific law which makes disclosure to any third party a civil law violation (punishable by a $10,000 civil penalty) and is a criminal law violation. This sends the message to the public that being HIV positive must be SO BAD that there needs to be a law to protect such a person from telling anyone else about it – hence, we think it actually fosters stigma instead of helping to minimize it.

HIV test results and all HIV medical information should be treated like any other medical information and should be (and is) protected by federal and state medical privacy laws. There is no legitimate reason (any longer) for making it seem like having HIV is any worse than any other medical condition, such as having cancer, diabetes, or any other medical condition. This law simply sends the wrong message about having HIV, and it may be time to repeal it.

Prior to proceeding with a repeal effort, LIVE will be sponsoring a town hall meeting to receive feedback from the Houston community regarding the proposed repeal of the HIV Confidentiality statute. It is important for the community to understand WHY we are considering the repeal and also for us to hear what the community has to say about the repeal before we proceed with repeal efforts.

There is still a lot of fear about being HIV positive and a lot of that is due to the stigma which we are trying to change. Obviously, with the Texas legislature about to start, we need to move quickly. Please join us for this important discussion.

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TEXAS SOCIAL WORKERS – PAY ATTENTION

ACTION MUST BE TAKEN NOW!

The HB 3331 passed the committee and is now out to the entire Texas Legislature for vote.

It may not seem like much of an issue, but it is the idea that certain people can be exempt from the testing for licensing, which discredits the profession of the social worker.

Here are some comments from the LinkedIn discussion:

George Anderson, MSW, BCD, CEAP • I previously served as Vice Chair of the California Board of Behavioral Science. We enchanted as issue in which many faculty failed the exam. With worked with NASW and the Society for Clinical Social Work to teach anyone interested in the content needed to pass the exam. Rather than exempting the faculty from the need to pass the exam, why not teach them how to succeed in passing the exam.

Rachel Lebowitz LMSW • NO NO NO! I don’t think you should be hired to teach social work if you haven’t passed the social work license! That is a horrible idea! I agree with George Anderson! Teaching those who can’t pass, shows social work value. As is, our profession is looked down on enough! Now we want to parade around saying our teachers don’t have to pass the exam? Think about how this will affect the progress we have made as a profession. I only see the negative here. We talk so much about support, educate, empowerment and that is how we should be reacting to those teachers who are having a hard time passing the test. Would we ever say to a client, “Hey, you are having a hard time with your parenting skills? That’s ok! Don’t worry about parenting classes you’ll figure it out!” NO!

Stacey Cook • Ah a big NO! We have become the elite profession we are by putting specific standards in place to demonstrate that social work is a “practice” and an evidence based one at that – one that is much more than tree hugging and friendly visitors. I’m not sure that not requiring professors to take the exam is going to help to continue to professionalize the business of social work.

Sarah Jo Twitchell, PhD, LISW-S • How can teachers be expected to guide students in passing their license exams if they’ve been unable to pass them themselves? As an LISW-S teaching as an adjunct faculty at the college level, I say absolutely no.

Judith Barr • No, why would that be a consideration? Privilege is a misused/misguided dynamic. Social workers/teachers have no excuse/reason to be exempt from any license requirements. Who would even suggest such a thing and why?

M. Shaffield • I also think this is absolutely absurd – who wants to go into practice learning from professors who themselves are not licensed social workers!

Kerry L. Tuttle, LCSW • I think it is absurd to exempt one who is teaching others to become social workers from taking the exam that would qualify them as a social worker. How could someone teach something they aren’t even qualified to be?? Social workers struggle to be taken seriously as professionals and appropriately compensated for their services. This bill simply works against the profession.

After reading these opinions, how can you not take action on this issue?

Contact your State Representative and tell them to vote against HB 3331!

If you don’t know who represents you, see the link below to find out:

Who Represents Me?

Find out who you need to contact and send them an email or fax to let them know how detrimental this Bill would be to the profession of social workers!

Send something today!

This is a sample of a letter that I have mailed to the Human Services Committee, it is merely a suggestion for consideration for you to send to your representatives. Please take pride in your profession and send something to your State Representative. Our profession can not experience this set back!

SAMPLE LETTER TO STATE REP

In service of the profession of Social Workers,

Sonya G. Adams, LMSW

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