Document 0982
 DOCN  M9570982
 TI    In re Application of Gribetz.
 DT    9506
 SO    New York Supplement, 2d Series. 1994 Jan 31 (date of
       deci834-8;605:834-837. Unique Identifier : AIDSLINE KIE/45592
 AB    New York's Rockland County Court held that there was a compelling need
       to disclose the human immunodeficiency virus (HIV) status of a woman who
       bit her mental health worker in order to determine her state of mind for
       criminal proceedings. The woman was charged with reckless endangerment
       and attempted assault, and the State needed her test results to prove
       that she had acted with depraved indifference to human life or grave
       risk of death to the victim.  In addition, the court found that the
       defendant had effectively waived her privacy interest in the test
       results by allegedly proclaiming publicly that she was HIV positive,
       threatening to use that status to commit a crime. The court did not
       attach significance to the fact that the health worker's skin was not
       broken since it has been found that a mouth can be used as a deadly
       weapon regardless of HIV status. (KIE abstract)
 DE    AIDS Serodiagnosis  *Confidentiality  *Criminal Law  Health Personnel
       *HIV Seropositivity  *Liability, Legal  Mental Disorders  New York
       Occupational Exposure  *Patients  Risk  Social Control, Formal  *Truth
       Disclosure  *Violence  COURT DECISION

       SOURCE: National Library of Medicine.  NOTICE: This material may be
       protected by Copyright Law (Title 17, U.S.Code).