Changing Positions and Entrenched Polemics: A Brief History of the Association to Benefit Children's Views on Pediatric HIV Testing, Counseling and Care

Assemblywoman Mayersohn first explains the reasons behind her support for the so-called “Baby AIDS” bill; namely, that over one thousand babies in New York State tested positive for AIDS or HIV antibodies every year but medical professions were not allowed to reveal the results to anyone, including the mother. After the introduction of the bill, the author details how she received criticism and opposition from activist organizations that she had previously supported. In conclusion, the “Baby AIDS” bill is a success because it no longer treated infected infants as some sort of statistical tool and ensures the infants receive the care they need. THE "BABY AIDS" BILL Assemblywoman Nettie Mayersohn* To begin with, I want to express my thanks to the Fordham University School of Law for giving me the opportunity to share with you the background of the "Baby AIDS" Bill,' a very controversial piece of legislation I introduced in 1993. The legislation adds a new section, § 25004, to the Public Health Law requiring the New York State Commissioner of Health to establish a comprehensive program for the testing of newborns for the Human Immunodeficiency Virus (HIV) or the presence of HIV antibodies. 2 In addition, the Health Commissioner will be required to promulgate regulations governing testing implementations, counseling, tracking, disclosure of results pursuant to § 2783 of the Public Health Law, follow-up reviews and educational activities. The testing of newborns envisioned under this bill is specifically exempted from the informed consent requirements of Public Health Law § 2781, which requires pre-test counseling and written consent.4 These two requirements are obviously inappropriate for newborns. Under this bill, the Health Commissioner will be free to conduct the required HIV testing in the same manner as, and in conjunction with, the mandatory testing already done on newborns for seven other diseases pursuant to Public Health Law § 2500-a. Those diseases include PKU, sickle cell trait, syphilis, and hepatitis.6 The story begins with a meeting that I had with the State Medical Society. A representative from the State Medical Society told me that he had an issue that would make everything else I was doing pale in significance. He then proceeded to tell me about AIDS babies. Every child born in the state of New York is tested * In 1977, Ms. Mayersohn was the New York State Delegate to the International Women's Conference and the recipient of the National Conference of Christians and Jews "Builders of Brotherhood" Award. In 1989, Assemblywoman Mayersohn was awarded "Legislator of the Year" by the New York State Chapter of the National Organization for Women. Immediately prior to her election to the Assembly, Ms. Mayersohn was the Executive Secretary to the New York State Crime Victims Board. 1. Assembly Bill 6747 (1993 Legislation) (on file with author). 2. N.Y. PUB. HEALTH LAw § 2500-f (McKinney Supp. 1997). 3. See id. 4. N.Y. PUB. HEALTH LAW § 2781 (McKinney 1993). 5. N.Y. PUB. HEALTH LAW § 2500-a (McKinney 1993).