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HIV positive man refused dental care

Thu 10 Sep 2015 In: New Zealand Daily News View at Wayback View at NDHA

The Human Rights Review Tribunal has ruled it was fine for a dental technician to refuse an HIV positive man care – but only because the technician was inexperienced. New Plymouth clinical dental technician Tom Zhou refused to provide Aaron Jacobsen with a quote for dentures when he revealed he had HIV. He told Zhou he was HIV positive when he was in the dentist chair, and says the technician's attitude changed "instantly" - he ripped off his gloves and refused treatment, saying "I can't do any work with you with HIV". Jacobsen says he explained there was no risk to Zhou, but the dental technician said "I can't do any work with serious health problem" and started packing up his equipment. Jacobsen says this left him embarrassed and angry. Zhou claims his attitude did not change on learning Jacobsen was HIV positive, he just felt he was too inexperienced to take him on and referred him to another practice. The Human Rights Commission has ruled there was a risk if Zhou took Jacobsen on as a client, because of his inexperience, he would be acting well beyond his experience and skill level, exposing the patient to harm. "It follows that Mr Zhou did not unlawfully discriminate against Mr Jacobsen by taking into account his HIV positive status," the tribunal says. Zhou has since told Fairfax he was neither a dentist nor a doctor of medicine and didn't feel confident in taking on any patient who had a serious medical condition. "It's like a GP can not do brain surgery." Jacobsen is planning to appeal. "It's unacceptable" - NZAF The New Zealand AIDS Foundation says the case is an example of the stigma HIV positive people face with dentists and other health and personal care professionals. "It is unacceptable that 30 years into the epidemic there is still so much ignorance and stigma around HIV," it says. "You cannot contract HIV from saliva. Those working in dental care are at extremely low risk of contracting HIV from any patient and any normal common sense hygiene in the event of a cut reduces the risk to microscopic. "It is about time that the dental industry lifted its game so that people living with HIV are treated without discrimination."    

Credit: GayNZ.com Daily News staff

First published: Thursday, 10th September 2015 - 9:03am

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