Scenario#1 The invasiveness and permanence makes this procedure one that requires parental consent. Additionally most insurance companies would require preauthorization for this procedure and potentially a 30day documented wait period.
When I worked in research none of the OB's I encountered would perform sterilization on women under 21-25 even those infected with HIV.
Scenario#2 and #3 In my state HIV cases are reported with unique identifiers. The health department doesn't do compliance follow up like they do with TB cases. However there has been criminal action taken against spouses who were aware of their disease state refused treatment and failed to inform their spouse of their status, and charges pressed against those who were HIV+ a found guilty of assault and/ or rape. The burden to disclose lies with the infected individual not the health care provider.
(a) The department of health, acting pursuant to § 68-10-109, shall promulgate rules
regarding transmission of human immunodeficiency virus (
HIV). Such rules shall
include specific procedures for quarantine or isolation, as may be necessary, of any
person who clearly and convincingly demonstrates willful and knowing disregard for the
health and safety of others and who poses a direct threat of significant risk to the health
and safety of the public regarding transmission of HIV.
(b) The department is authorized to quarantine or isolate such person within a secure
facility, after exercising other appropriate measures, if the person continues to pose a
direct threat of significant risk to the health and safety of the public. Any such person so
quarantined or isolated within a secure facility, who intentionally escapes from such
facility, commits a Class E felony.
39-13-109
. Criminal exposure to HIV - Defenses - Penalty.
(a) A person commits the offense of criminal exposure of another to human
immunodeficiency virus (
HIV) when, knowing that such person is infected with HIV,
such person knowingly:
(1) Engages in intimate contact with another;
(2) Transfers, donates, or provides blood, tissue, semen, organs, or other potentially
infectious body fluids or parts for transfusion, transplantation, insemination, or other
administration to another in any manner that presents a significant risk of HIV
transmission; or
(3) Dispenses, delivers, exchanges, sells, or in any other way transfers to another any
nonsterile intravenous or intramuscular drug paraphernalia.
(b) As used in this section:
(1) "
HIV" means the human immunodeficiency virus or any other identified causative
agent of acquired immunodeficiency syndrome;
(2) "Intimate contact with another" means the exposure of the body of one person to a
bodily fluid of another person in any manner that presents a significant risk of HIV
transmission; and
(3) "Intravenous or intramuscular drug paraphernalia" means any equipment, product, or
material of any kind which is peculiar to and marketed for use in injecting a substance
into the human body.
(c) It is an affirmative defense to prosecution under this section, which must be proven
by a preponderance of the evidence, that the person exposed to
HIV knew that the
infected person was infected with HIV, knew that the action could result in infection
with HIV, and gave advance consent to the action with that knowledge.
(d) Nothing in this section shall be construed to require the actual transmission of HIV
in order for a person to have committed the offense of criminal exposure of another to
HIV
.
(e) Criminal exposure of another to HIV is a Class C felony.