Feds Rule for Barbers, Masseuses with HIV

DOJ Says State Policies Denying Licenses or Training to Those Groups Are Discriminatory

(AP)  Aspiring barbers, masseuses, and home health care aides cannot be denied professional licenses because they have AIDS or HIV, federal authorities said Thursday.

The Justice Department is advising state authorities that it is a violation of the Americans with Disabilities Act to stop someone with the HIV virus from getting such licenses or not admitting them to occupational training schools.

For instance, some states require cosmetologists be free from contagious, communicable or infections diseases. The government says that type of regulation is outdated and was not intended to bar people with HIV.

The original goal of such a rule was to prevent the spread of tuberculosis and other diseases, not prevent people with the HIV virus from working in certain fields. Because HIV is not spread through casual contact, barring people with the virus from such professions is discriminatory, officials said.

"People with HIV or AIDS should not be denied access to their chosen profession because of outdated laws or unfounded stereotypes and fears," said Loretta King, the acting head of the Justice Department's Civil Rights Division.

The Supreme Court has found people with AIDS or HIV are covered under the law barring discrimination against people with disabilities.

[avigil2]

Jeez... most of you people on here really need to educate yourselves on the transmission of HIV. It's no one's business if one is HIV+ or not UNLESS you're going to have sexual intercourse with them. Admitting to be HIV+ has no revelance on beauticians and barbers in doing their jobs. If they do happen to cut themselves using sheers and drops of blood falls onto your skin, there's no way that you would contract ANY disease. HIV doesn't penetrate through your skin nor is it transmitted as such.

And to DiVacar5: your insensitive comment that this is a "Gay disease" is so wrong, I just you would fall off the face of the Earth. Many heterosexual people are HIV+, you just don't know it.

[cameraphone]

I believe the government should recall all sharp objects to protect Americans from HIV! :)

[Yeah-Me]

For those of you who are scoffing at this, and the possibility of infection, you do realize that we still have medical professionals still working. Don't you?

[Sloughfoot]

You have got to be kidding me!

[Stupidityisus]

You know, I am not a hard ass, but this is beyond. In a health-care setting Transmission from patient to health-care worker or vice-versa - via accidental sticks with contaminated needles or other medical instruments - can occur, but this is rare. I don't care how rare, they should NOT be in a health care setting. AND...health care workers have voiced concerns and HIV infected individuals are tagged so that workers know they have to be extra careful with these people. SO, I ask: Why is it that the patient is NOT informed if a health care worker has HIV?

[John_Merritt]

I would hope they could be taken out of 'direct patient contact' setting if they are active. There are many outlets for healthcare workers that do not require direct patient care. It is not insensitive nor prejudicial, it is just cautious. There is nothing wrong with that. I 'had' many gay and HIV friends in healthcare, but they have since passed because of their disease. I was always cautious when working with them in rapid movement settings, emergency room, etc. But that did not mean I thought any less of them. They were truly friends and I think of them often. I just thought more of my safety at that point.

[John_Merritt]

I agree with the court decision to not discriminate from a person being able to have a gainful employment opportunity. However, I also believe that 'customers' should be notified of any disease process a person carries they could be in contact with, i.e., Hep-C or HIV/AIDS.

Having worked in the medical environs for many years, accidents occur in the workplace and people do contract diseases because of those accidents. It happens more than people realize.

[DaVicar5]

This is just another consession to allow the Gay to spread their disease!
- Disgusting, indeed.

[sassalin31]

I agree with the ruling but the customer should be informed and they can make the decision if they want to take the risk. These professions do work with sharp objects and being cut is a possibility.

[mrs_happilymarried]

Personally, I think that would want to know before using them to provide a service. There are plenty of ways their fluids could come in contact with someone elses.

[credibility2]

So a barber with this disease, can cut someone (razor, clippers, shears) and perhaps their sweat or other bodily fluid droplets (sputum, etc.) then gets into the open wound of the customer and contaminates that person's tissue. Does this mean then that the injured person is assured that they're not exposed to the disease? I would want to know about a person having this to avoid this type of individual. If I see someone coughing or sneezing, I avoid them. There's no difference with this. Sexual contact isn't the only means this disease is transmitted.

[jankebenzone]

Thats what they say, but then the health experts have been known to be wrong before.

[earlysaid]

You can't contract AIDs or HIV from people unless they bite you and even then it is very unlikely to be passed on. A barber or beautician would be no risk at all to people. How many barbers of beauticians have bled around you, probably none? The main way to spread this disease is sexual contact.

[John_Merritt]

Not true expert.

[ToolMangler1]

If 'you have HIV and cut yourself with the same razor that you are using to shave someone, They have a 50/50 chance of getting HIV directly from you.

[jankebenzone]

I think that the public should have the right to know if someone has HIV so they can make their own decision whether or not to make contact.
Biased? perhaps, but I'd rather be safe than sorry.

[ToolMangler1]

I agree.. Let me know my risks and once I am informed, let me take my chances. Don't you dare 'hide' the truth from me.

[debinok1]

Great, now we have another place to worry about contracting this disease. Barbers and cosmetologists do get cut while working on customers, now the customers will be placed at risk.

[Yeah-Me]

Most excellent... another "bar" has been lifted for people living with this affliction.