
Know Your Rights: HIV/AIDS Rights in Maine
歧視
測試與隱私(跳至章節)
其他與愛滋病毒相關的法律(跳至章節)
HIV/AIDS | Discrimination | Maine
Maine Discrimination Q&A
Does Maine have laws protecting people with HIV from discrimination?
Yes, Maine has enacted anti-discrimination laws protecting people with HIV from discrimination in employment, housing and public accommodations. In addition, there are a number of federal laws that protect people from discrimination based on their HIV status.
People with HIV are protected under laws that prohibit discrimination on the basis of disability. This includes the federal Americans with Disabilities Act (ADA), and Maine disability & anti-discrimination laws.
Who is protected under anti-discrimination laws?
The following people are protected under the Maine Human Rights Act (MHRA) and the Americans with Disabilities Act (ADA):
- 患有愛滋病或愛滋病毒陽性的人,即使他們無症狀且沒有外在或明顯的疾病跡象。
- People who are regarded or perceived as having HIV.
- A person who does not have HIV, but who has a “relationship” or “associates” with a person with HIV—such as friends, lovers, spouses, roommates, business associates, advocates, and caregivers of a person or persons with HIV.
哪些法律保護愛滋病毒感染者免受就業歧視?
People with HIV are protected from employment-related discrimination under the MHRA1 and the federal ADA. Both of these statutes, which are almost identical, prohibit discrimination in employment on the basis of a person’s disability. Maine law covers state and private employers with one or more persons. The ADA covers employers with 15 or more employees.
The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors.
For more information about employment discrimination in Maine, see: Discrimination | Employment | Maine
這些反歧視法禁止什麼?
An employer may not take adverse action against an applicant or employee simply on the basis that the person has a disability such as HIV or AIDS. This means that an employer may not terminate, refuse to hire, rehire, or promote, or otherwise discriminate in the terms or conditions of employment, based on an individual’s HIV/AIDS status.
這裡的重點是愛滋病患者或愛滋病毒感染者是否與其他類似情況下的申請人或員工受到不同的待遇。
以下是非法歧視的例子:
- 雇主不得因擔心愛滋病毒感染者會傳染給其他員工或顧客而拒絕僱用該感染者。
- 雇主不得基於某人將來可能生病而無法勝任工作的可能性或機率而拒絕僱用或做出僱用決定。
- 雇主不能因為這會增加健康或工人賠償保險費而拒絕僱用某人。
Can an employer in Maine ever require an applicant or employee to take an HIV test?
No, an employer may not require an applicant or an employee to submit to an HIV test or disclose HIV status as a condition of employment or to maintain employment.
There is an exception, however, permitting an employer to require an HIV test when based on a “bona fide occupational qualification.” There are few, if any, employment settings in which an employer could prevail in its view that an HIV test is based on a “bona fide occupational qualification.”
Nevertheless, one recent legal development merits special attention here. Some courts have ruled that HIV-positive health care workers who perform invasive procedures can be terminated from employment because of the risk of HIV transmission posed to patients. The AIDS Law Project believes that these cases have been wrongly decided. In light of these cases, however, it is critical that a healthcare worker obtain legal advice or assistance if an employer requires an HIV test as a condition of employment.
What may an employer ask about an employee’s health during the application and interview process?
Under the ADA and Maine law, prior to employment, an employer cannot ask questions that are aimed at determining whether an employee has a disability. Examples of prohibited pre-employment questions are:
- 您曾經住院或接受過醫師的照護嗎?
- 您是否曾經領取過工傷賠償或殘障福利?
- 你吃什麼藥?
After an offer of employment, can an employer require a medical exam? What guidelines apply?
After a conditional offer of employment, the ADA and Maine Law permit an employer to require a physical examination or medical history. The job offer, however, may not be withdrawn unless the results demonstrate that the person cannot perform the essential functions of the job with or without reasonable accommodation. The same medical inquiries must be made of each person in the same job category. In addition, these physical examination and medical history records must be segregated from personnel records, and there are strict confidentiality protections. After employment has begun, the ADA and Maine Law permit an employer to require a physical examination, only if it is job-related and consistent with business necessity.
How have the courts addressed fears that health care employees who perform invasive procedures, such as surgeons, will transmit HIV to patients?
The risk of HIV transmission from a health care worker to a patient is considered so small that it approaches zero. Nevertheless, in cases where hospitals have sought to restrict or terminate the privileges of HIV-positive health care workers who perform invasive procedures, courts have reacted with tremendous fear and have insisted on an impossible “zero risk” standard. As a result, the small number of courts that have addressed this issue under the ADA have upheld such terminations.
The employment provisions in the ADA provide that an employee is not qualified to perform the job if he or she poses a “direct threat to the health or safety of others.” To determine whether an employee poses a “direct threat,” a court analyzes:
- The nature, duration and severity of the risk;
- 風險的機率;以及
- 是否可以透過合理的安排消除風險。
In the case of HIV-positive health care workers, courts have ignored the extremely remote probability of the risk and instead have focused on the nature, duration and severity of the risk. The following excerpt from a recent case is typical of courts’ approach:
“We hold that Dr. Doe does pose a significant risk to the health and safety of his patients that cannot be eliminated by reasonable accommodation. Although there may presently be no documented case of surgeon-to-patient transmission, such transmission clearly is possible. And, the risk of percutaneous injury can never be eliminated through reasonable accommodation … Thus, even if Dr. Doe takes extra precautions … some measure of risk will always exist …” (Doe v. University of Maryland Medical System Corporation, 50 F.3d 1261 (4日 Cir. 1995)).
It is important to note that only a small number of courts have addressed the rights of HIV-positive health care workers. The AIDS Law Project believes that these cases have been incorrectly decided and are inconsistent with the intent of Congress in passing the ADA. Because of the unsettled nature of the law in this area, a health care worker who is confronted with potential employment discrimination should consult a lawyer or public health advocate.
評估雇主的歧視
雖然諮詢律師可能會有所幫助,但以下步驟可以幫助您開始考慮和評估潛在的就業歧視問題。
- Consider the difference between unfairness and illegal discrimination. The bottom line of employment law is that an employee can be fired for a good reason, a bad reason, or no reason at all. A person can be legally fired for a lot of reasons, including a bad “personality match.” What they cannot be fired for is a discriminatory reason specifically outlawed by a statute.
- To prove a discrimination claim (i.e., that you were fired, demoted, etc. because of discrimination and not because of some legitimate reason), you must be able to show the following:
- 雇主知道或得知您是愛滋病毒陽性或患有愛滋病;
- 無論是否有合理的便利條件,您都具備履行該工作基本職責的資格;並且
- Adverse action was taken against you because of your HIV or AIDS status and the pretextual reason given by the employer for the adverse action is false.
- 如果您的雇主知道您感染了愛滋病毒或愛滋病,請明確說明誰知道、他們是如何知道的以及他們何時發現的。如果您沒有告訴雇主,雇主還有其他途徑知道或懷疑您的愛滋病毒狀況嗎?
- 考慮一下您認為自己因愛滋病毒感染狀況而受到區別對待的原因,包括以下方面:
- 處於類似情況的其他員工是否受到了不同的待遇或相同的待遇?
- 您的雇主是否遵守了其人事政策?
- 雇主得知您的愛滋病毒狀況後不久就開始對您進行不利的待遇了嗎?
- 您是否曾因病缺勤過一段時間,且返回工作崗位後是否開始受到不良治療?
- 你的雇主對此事的描述是怎樣的?你該如何證明雇主的說法是錯的?
- Do you have any difficulty fulfilling the duties of your job because of any HIV-related health or medical issue? Does your condition prevent full-time work, or require time off for medical appointments, lighter duties or a less stressful position? You might want to brainstorm to create a reasonable accommodation that you can propose to your employer.
以下是需要考慮的幾點:
- 該公司如何運作?實際的住宿安排如何?
- 站在主管的角度想想,對於你提出的合理安排,主管可能會提出哪些異議?例如,如果你需要在某個時間離開去看醫生,誰來接替你的工作?
What Maine laws prohibit discrimination in housing?
It is illegal under both Maine law14 and the National Fair Housing Amendments of 198815 to discriminate in the sale or rental of housing on the basis of HIV status. A person cannot be evicted from an apartment because of his or her HIV or AIDS status, or because he or she is regarded as having HIV or AIDS.
In addition, a person cannot be discriminated against in housing because of their “association” with a person with HIV. This means a person cannot be discriminated against because their roommate, lover, friend, relative, or business partner has HIV.
For more information about housing discrimination in Maine, see: Discrimination | Housing | Maine
這些法律有例外嗎?
Yes, exceptions to Maine law exist for the rental of a room in an owner occupied building where not more than 4 rooms are rented; and for two family owner occupied buildings. In addition, the Fair Housing Act exempts, in some circumstances, ownership-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker and housing operated by organizations and private clubs that limit the occupancy to members.
Does Maine law protect against discrimination by health care providers, business, and other public places?
Under the ADA and MHRA, it is unlawful to exclude a person with HIV from a public place (what the law refers to as a “place of public accommodation”) or to provide unequal or restricted services to a person with HIV in a public place. Under both statutes, the term “public accommodation” includes any establishment or business that offers services to the public. In addition, the Federal Rehabilitation Act of 19738 prohibits discrimination on the basis of disability in any agency or program that receives federal funding, including hospitals, medical or dental offices, and educational institutions.
Therefore, people with HIV are protected from discrimination in virtually every public place or business, including bars, restaurants, hotels, schools, vocational or other educational programs, taxi cabs, buses, airplanes and other modes of transportation, health clubs, hospitals and medical and dental offices, as long as these facilities are generally open to the public.
In addition, Maine law specifically prohibits discrimination in education based on disability.
For more information about public accommodations discrimination in Maine, see: Discrimination | Public Accommodations | Maine
Is discrimination by health care professionals against people with HIV still a problem?
Believe it or not, yes, people with HIV still face discrimination by hospitals, doctors, dentists, and other health care providers. This discrimination can take the form of an outright refusal to provide medical services or an illegal referral because of a patient’s HIV status.
What types of arguments do doctors who discriminate against people with HIV make, and are they legitimate?
醫生通常試圖用以下兩個論點之一來證明對愛滋病毒感染者的歧視是合理的:
- 「治療愛滋病毒感染者是危險的」(有些醫生因為對愛滋病毒傳播的非理性恐懼而拒絕治療愛滋病毒感染者);
- 「治療愛滋病毒感染者需要特殊的專業知識」(有些醫生錯誤地認為全科醫生沒有資格為愛滋病毒感染者提供護理,因此將患者轉診給其他醫療服務提供者)。
Both an outright refusal to provide medical treatment and unnecessary referrals on the basis of a person’s disability are unlawful under the ADA and Maine law.
法院和醫學專家對這些論點有何反應?
Courts and medical experts have responded to these arguments in the following ways:
- “治療愛滋病毒感染者是危險的”
Doctors and dentists may claim that a refusal to treat a patient with HIV is legitimate because they fear they might contract HIV themselves through needle sticks or other exposures to blood. However, studies of health care workers have concluded that risk of contracting HIV from occupational exposure is minuscule, especially with the use of universal precautions.
因此,1998年,美國最高法院就此案作出裁決 布拉格登訴阿博特案 that health care providers cannot refuse to treat people with HIV based on concerns or fears about HIV transmission (524 U.S. 624 (1998)).
In addition to the legal perspective, both the American Medical Association and the American Dental Association, and many other professional health care organizations, have issued policies that it is unethical to refuse treatment to a person with HIV.
- “治療愛滋病毒感染者需要特殊的專業知識”
在這些情況下,歧視主張的是非曲直取決於基於客觀醫學證據,病人所需的服務或治療是否需要轉診給專科醫生,或是否屬於服務提供者的服務和能力範圍。
在 美國訴莫萬特案,一家聯邦審判法院駁回了一名牙醫的訴求,該牙醫聲稱愛滋病毒感染者需要專科醫生進行常規牙科護理(898 F. Supp. 1157 (ED La 1995))。法院採納了專家的證詞,即除了一般牙醫所具備的技能外,無需任何其他特殊培訓或專業知識即可為愛滋病毒感染者提供牙科治療。法院特別駁回了該牙醫的論點,即他不具備資格,因為他沒有及時掌握治療愛滋病毒感染者所需的文獻和培訓。雖然此案發生在牙科護理的背景下,但它也適用於其他醫療環境。
What are the specific provisions of the ADA that prohibit discrimination by health care providers?
Under Title III of the ADA (42 U.S.C. §§ 12181-12188), it is illegal for a health care provider to:
- 建立接受醫療服務的“資格標準”,往往會篩選出愛滋病毒檢測呈陽性的患者。
- Deny an HIV-positive patient the “full and equal enjoyment” of medical services or to deny an HIV-positive patient the “opportunity to benefit” from medical services in the same manner as other patients.
- 為愛滋病毒陽性患者提供「不同或單獨」的服務,或未能在「最全面的環境中」為患者提供服務。
- 拒絕向已知與愛滋病毒感染者有「關係」或「交往」的人(如配偶、伴侶、子女或朋友)提供平等的醫療服務。
What specific health care practices constitute illegal discrimination against people with HIV?
將上述 ADA 的具體規定應用於醫療保健實踐,以下做法是違法的:
- A health care provider cannot decline to treat a person with HIV based on a perceived risk of HIV transmission or because the physician simply does not feel comfortable treating a person with HIV.
- A health care provider cannot agree to treat a patient only in a treatment setting outside the physician’s regular office, such as a special hospital clinic, simply because the person is HIV-positive.
- A health care provider cannot refer an HIV-positive patient to another clinic or specialist, unless the required treatment is outside the scope of the physician’s usual practice or specialty. The ADA requires that referrals of HIV-positive patients be made on the same basis as referrals of other patients. It is, however, permissible to refer a patient to specialized care if the patient has HIV-related medical conditions which are outside the realm of competence or scope of services of the provider.
- A health care provider cannot increase the cost of services to an HIV-positive patient in order to use additional precautions beyond the mandated OSHA and CDC infection control procedures. Under certain circumstances, it may even be an ADA violation to use unnecessary additional precautions which tend to stigmatize a patient simply on the basis of HIV status.
- A health care provider cannot limit the scheduled times for treating HIV-positive patients, such as insisting that an HIV-positive patient come in at the end of the day.
根據聯邦法律,針對歧視有哪些潛在的補救措施?
To pursue a claim under the Americans with Disabilities Act for employment discrimination, the employer must have at least 15 employees. A person must file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the date of the discriminatory act. A person may remove an ADA claim from the EEOC and file a lawsuit in state or federal court.
To pursue a claim under the Americans with Disabilities Act for discrimination in a place of public accommodation, a person may, without first going to an administrative agency, file a claim in state or federal court for injunctive relief only (i.e., seeking a court order that the discriminatory conduct cease). Money damages are not available for violation of Title III of the ADA unless they are sought by the United States Department of Justice. However, a person may recover money damages under the Federal Rehabilitation Act in cases against entities that receive federal funding.
為了根據《康復法》提出索賠,個人可以向聯邦衛生與公眾服務部地區辦事處提出行政投訴和/或直接向法院提起訴訟。
根據《國家公平住房法》,如需就住房歧視提起索賠,個人可在違規行為發生後一年內向美國住房和城市發展部 (HUD) 提出投訴。個人也可在違規行為發生後兩年內提起訴訟。無論個人是否已向 HUD 提出投訴,均可提起訴訟。
資源
For more information about the MHRC complaint process see:
- File a Complaint | Maine Human Rights Commission
- After a Complaint Has Been Filed With the Maine Human Rights Commission
For information about filing a discrimination complaint under the ADA, see:
案件與辯護
To see HIV/AIDS cases or advocacy which GLAD has been directly involved with in Maine, go to: 案件與辯護 – GLAD and under “By Issue” click on “HIV/AIDS” and under “By Location” click on “Maine.”
新聞與新聞稿
To see news and press releases about HIV/AIDS in Maine, go to: 新聞與新聞稿 – GLAD and under “By Issue” click on “HIV/AIDS” and under “By Location” click on “Maine.”
HIV/AIDS | Testing & Privacy | Maine
Maine Testing & Privacy Q&A
Does Maine have a law for governing informed consent for HIV testing?
Yes. Maine law mandates that an HIV test must be “voluntary and undertaken only with the patient’s knowledge that an HIV test is planned” (5 M.R.S.A §19203-A).
Maine, however, has eliminated its requirement that no HIV test may be conducted without a patient’s specific written informed consent.
The law now requires only that “[a] patient must be informed orally or in writing that an HIV test will be performed unless the patient declines”(5. M.R.S.A. §19203-A). While the title of § 19203-A is “voluntary informed consent required,” Maine’s law is not an informed consent system. Informed consent, whether oral or written, requires that a patient affirmatively assent before a test can be done. Current Maine law simply requires that a patient be notified that a test will occur and places the burden on the patient to opt out.)
The law also requires that the information given to patients before the test include the meaning of positive and negative test results. In addition, the patient must have the opportunity to ask questions.
Maine law authorizes anonymous HIV testing sites (5 M.R.S.A. §19203-B).
Health insurers or healthcare plans requiring an HIV test must still obtain written informed consent to perform an HIV test (5 M.R.S.A. §19203-A (2)).
In addition, Maine law prohibits a health care provider from denying medical treatment solely because an individual has refused consent to an HIV test (5 M.R.S.A. § 19203-A (3)).
What information should a person receiving HIV testing be given?
In 2007, in order to streamline testing procedures, Maine eliminated mandatory pre-test counseling for an HIV test. Patients who test positive for HIV, however, must be offered post-test counseling, unless the patient declines by signing a waiver. The counseling must at a minimum include:
- The reliability and significance of the test results.
- Information about preventive practices and risk reduction.
- Referrals for medical care and support services, as needed (5 M.R.S.A. § 19204-A).
A provider must offer face-to-face post-test counseling, but may provide an alternative means of providing the information if the client declines face-to-face counseling. In addition, a written memorandum summarizing the contents of the post-test counseling information must be provided to the client.
Can a physician test a minor for HIV without consent of a parent or guardian?
A physician may test a minor for HIV without obtaining the consent of the minor’s parent or guardian (32 MRSA § 3292 permits a physician to provide medical treatment for venereal disease to a minor without parental consent. The Maine Department of Human Services has classified HIV as a venereal disease).
In addition, a physician is not obligated to, but may, inform the minor’s guardian or parent of any medical treatment rendered, including HIV test results.
If confidentiality is important to you, it is a good idea to talk to your doctor up front and understand his or her policies on this issue.
Are there specific requirements for the testing of pregnant people?
All pregnant women must be informed orally or in writing that an HIV test will be included in the standard panel of prenatal medical tests, unless the woman declines HIV testing. In addition, a health care provider is mandated to test a newborn for HIV within 12 hours of birth if the health care provider does not know the mother’s HIV status or “believes that HIV testing is medically necessary.” There is an exception to such newborn testing if the parent asserts an objection based on religious or conscientious beliefs.(5 M.R.S.A. § 19203-A(6))
Are there circumstances where Maine law permits HIV testing a person against their wishes?
Yes, Maine law permits involuntary HIV testing in certain limited circumstances, such as testing of a person convicted of a sexual assault crime, and of the source of an occupational exposure.
Are there state laws that protect the privacy of medical information, including HIV?
Maine law prohibits the disclosure of HIV test results to anyone other than the subject of the test without the subject’s authorization. (5 M.R.S.A. § 19203.)
When a medical record contains a person’s HIV status, the patient must elect in writing whether to authorize the release of that portion of the medical record. (5 M.R.S.A. § 19203-D.)
A health care provider who has been designated by the subject of the test to receive HIV test result information may make the results available only to other health care providers working directly with the patient and only for purposes of providing direct medical or dental patient care (5 M.R.S.A. § 19203 (2)).
Are there exceptions to these privacy protections?
HIV status can still be shared in the event of a medical emergency or certain limited threats to others.
愛滋病毒感染者是否享有憲法賦予的隱私權?
Yes, many courts have found that a person has a constitutional privacy right to the nondisclosure of HIV status. Courts have based this right on the Due Process Clause of the U.S. Constitution, which creates a privacy interest in avoiding disclosure of certain types of personal information.
只有當揭露資訊的人是國家或政府行為者(例如警察、監獄官員或州立醫院的醫生)時,才能主張憲法賦予的隱私權。
How do courts determine if a person’s constitutional right to privacy has been violated?
為了確定是否侵犯了隱私權,法院會權衡侵犯個人隱私的性質與政府制定披露政策或做法的合法理由。
Remedy for Unlawful HIV Testing or Disclosure
A person who violates Maine law regarding HIV testing or the confidentiality of HIV test results is liable to the subject for actual damages and costs plus a civil penalty of up to $1,000 for a negligent violation and $5,000 for an intentional violation (5 M.R.S.A. § 19206).
Does Maine have reporting laws that require HIV or AIDS diagnoses to be reported to the Maine Department of Health and Human Services?
Yes. All states require that certain health conditions be reported to public health authorities in order to track epidemiological trends and develop effective prevention strategies. Maine requires that healthcare providers and facilities report the names of individuals diagnosed with AIDS or HIV to the Department of Health and Human Services within 48 hours of the diagnosis (Department of Health and Human Services, Maine Center for Disease Control & Prevention, Chapter 258 (Rules for the Control of Notifiable Disease Conditions), 10-144). Information is kept confidential and may not be disclosed except as permitted by 5 M.R.S.A. § 19203 (Maine’s law on confidentiality of HIV tests).
案件與辯護
To see HIV/AIDS cases or advocacy which GLAD has been directly involved with in Maine, go to: 案件與辯護 – GLAD and under “By Issue” click on “HIV/AIDS” and under “By Location” click on “Maine.”
新聞與新聞稿
To see news and press releases about HIV/AIDS in Maine, go to: 新聞與新聞稿 – GLAD and under “By Issue” click on “HIV/AIDS” and under “By Location” click on “Maine.”
HIV/AIDS | Other HIV-Related Laws | Maine
雇主必須為身心障礙員工提供「合理便利」是什麼意思?
Persons with disabilities, such as HIV/AIDS, may experience health-related problems that make it difficult to meet some job requirements or duties. For example, a person may be exhausted or fatigued and find it difficult to work a full-time schedule.
In certain circumstances, the employer has an obligation to modify or adjust job requirements or workplace policies in order to enable a person with a disability, such as HIV or AIDS, to perform the job duties. This is known as a “reasonable accommodation.”
合理便利的例子包括:
- 修改或改變工作任務或職責;
- 制定兼職或修改的工作時間表;
- 允許在正常工作時間內請假去看醫生;
- 將員工重新分配到空缺職位;或
- 對工作現場的實體佈局進行修改或購買電話放大器等設備,以允許聽力障礙人士完成工作。
一個人怎樣才能獲得合理的住宿?
It is, with rare exception, the employee’s responsibility to initiate the request for an accommodation. In addition, an employer may request that an employee provide some information about the nature of the disability. Employees with concerns about disclosing HIV/AIDS status to a supervisor should contact GLAD Answers.
員工可以申請的便利條件沒有固定的設定。申請便利條件的性質將取決於每位員工的具體情況。
雇主是否必須批准合理住宿請求?
No, an employer is not obligated to grant each and every request for an accommodation. An employer does not have to grant a reasonable accommodation that will create an “undue burden” (i.e., significant difficulty or expense for the employer’s operation). In addition, the employer does not have to provide a reasonable accommodation if the employee cannot perform the job function even with the reasonable accommodation.
在什麼情況下,對員工而言「合理的便利」會成為對雇主而言「過度負擔」?
在確定所要求的便利性是否對雇主造成過度負擔或困難時,法院會審查許多因素,其中包括:
- The employer’s size, budget and financial constraints;
- 實施所要求的住宿的費用;以及
- 此調整如何影響或擾亂雇主的業務。
再次強調,我們會根據具體情況進行審查。
An employer only has an obligation to grant the reasonable accommodation if, as a result of the accommodation, the employee is then qualified to perform the essential job duties. An employer does not have to hire or retain an employee who cannot perform the essential functions of the job, even with a reasonable accommodation.
Can a physician in Maine require an HIV test as a prerequisite for treatment?
No, a health care provider may not deny treatment or care based on the refusal to consent to HIV testing.
What are Maine laws regarding the purchase and possession of needles?
Under Maine law, a person who is 18 years of age or older may purchase a “hypodermic apparatus,” such as a hypodermic syringe and needle, from a pharmacist and other authorized sellers.
An individual, however, may not lawfully purchase or possess more than ten “hypodermic apparatuses” at any one time, unless otherwise authorized by law (such as a physician acting within the scope of employment).
Does Maine allow needle exchange programs?
是的。緬因州法律授權緬因州疾病管制與預防中心認證針頭交換計畫。參與這些計畫的人員可持有的皮下注射針頭數量不受限制。
緬因州是否允許無需處方即可獲得 PrEP 和 PEP?
是的,2021 年 6 月 18 日,州長 Janet Mills 簽署了 LD 1115, 改善愛滋病預防藥物取得途徑的法案, 哪個 擴大訪問範圍 一種簡單、安全、有效的藥物,即愛滋病毒暴露前預防用藥 (PrEP),可將愛滋病毒傳播風險降低近 100%。新法授權藥師在短期內無需處方即可配發 PrEP 以及愛滋病毒暴露後預防用藥 (PEP)。
有關詳細信息,請參閱:For more information, see: 緬因州成為有效愛滋病預防藥物藥房可及性的領導者 - GLAD
緬因州是否有法律禁止保險公司歧視服用 PrEP 的人?
是的。 2019年,緬因州《保險法》進行了修訂,禁止因個人已服用暴露前預防藥物(用於預防愛滋病毒感染)而對人壽、殘疾收入或長期護理保險單進行歧視。更多信息,請參閱 第 24-A 條第 2159 款:不公平歧視-人壽保險、年金和健康保險 .
資源
以下是緬因州愛滋病毒/愛滋病組織的列表,您可以從中獲得支持和資訊: HIV 預防、宣傳和教育 - HIV、性傳染病和病毒性肝炎;緬因州衛生和公共服務部 (MeCDC)
案件與辯護
To see HIV/AIDS cases or advocacy which GLAD has been directly involved with in Maine, go to: 案件與辯護 – GLAD and under “By Issue” click on “HIV/AIDS” and under “By Location” click on “Maine.”
新聞與新聞稿
To see news and press releases about HIV/AIDS in Maine, go to: 新聞與新聞稿 – GLAD and under “By Issue” click on “HIV/AIDS” and under “By Location” click on “Maine.”