Doctors and health care workers are required to report a positive HIV test or a diagnosis of AIDS to Public Health. In some other specific situations — such as a legitimate concern that someone else is at risk of harm — the law may allow the release of confidential medical information without your consent. Treatment
Full Answer
Do licensed psychotherapists have a duty to report HIV?
This includes duty to warn, protect, and treat laws as well as those relevant to reporting HIV. Some states do not all require the reporting of HIV or AIDS status by licensed psychotherapists (e.g. Wisconsin) while other states require the reporting of it (e.g. Washington).
What is a “duty to warn” against HIV?
Some states also have laws that require clinic staff to notify a “third party” if they know that person has a significant risk for exposure to HIV from a patient the staff member knows is infected with HIV. This is called “duty to warn.”
What are the policies and procedures for HIV disclosure?
HIV Disclosure Policies and Procedures. Some states also have laws that require clinic staff to notify a “third party” if they know that person has a significant risk for exposure to HIV from a patient the staff member knows is infected with HIV. This is called “duty to warn.” The Ryan White HIV/AIDS Program requires that health departments...
Do all states require the reporting of HIV/AIDS?
The importance of state's law and HIV/AIDS reporting. This includes duty to warn, protect, and treat laws as well as those relevant to reporting HIV. Some states do not all require the reporting of HIV or AIDS status by licensed psychotherapists (e.g. Wisconsin) while other states require the reporting of it (e.g. Washington).
Who are patients with HIV required to inform about their diagnosis?
In 10 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 3 states require disclosure to needle-sharing partners. The maximum sentence length for violating an HIV-specific statute is also a matter of state law.
Can you get in trouble for lying about having HIV?
A person who simply failed to disclose their HIV status could be charged with a misdemeanor. But a state house committee led by Chip Baltimore, a Republican from Boone, inserted an amendment into the bill that also makes the failure to disclose a class D felony.
What is the reporting protocol for HIV?
California law requires health care providers to report by name suspected Acute HIV infections within 1 working day (by telephone) and to report cases of HIV infection and AIDS by name within 1 week.
Does your doctor have to tell you if you have HIV?
No. The law does not require that you tell health care providers your HIV or AIDS status. You may want to tell your doctor or dentist however, so he or she can provide you with better medical care. Do I have to tell people that I have sex or share needles with that I'm HIV positive or that I have AIDS?
Will the doctor call you if you have an STD?
An STD diagnosis might be confirmed after the physical exam, but in most cases, the samples must go to a lab to confirm a diagnosis. It normally takes a few days for the results to come back from the laboratory. The urgent care office will call with the results at that time.
Will doctors call if your results are negative?
Most people assume their doctor will call them if they get a bad test result. But new research shows that doctors frequently fail to inform patients about abnormal test results.
How long can you be in prison for HIV?
Some states have a maximum sentence length up to life in prison, while others have maximum sentence lengths that are less than 10 years. However, only 9 states have laws that account for HIV prevention measures that reduce transmission risk, such as condom use, and antiretroviral therapy (ART).
How many states require HIV disclosure?
In 21 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 12 states require disclosure to needle-sharing partners. The maximum sentence length for violating an HIV-specific statute is also a matter of state law.
Why did many states implement HIV-specific criminal exposure laws?
During the early years of the HIV epidemic, many states implemented HIV-specific criminal exposure laws to discourage behavior that might lead to transmission, promote safer sex practices, and, in some cases, receive funds to support HIV prevention activities.
Which states have modernized their HIV laws?
Since 2014, at least nine states have modernized or repealed their HIV criminal laws: California, Colorado, Illinois, Iowa, Michigan, Missouri, Nevada, North Carolina, and Virginia. Changes include removing HIV prevention issues from the criminal code and including them under disease control regulations, requiring intent to transmit, actual HIV transmission, or providing defenses for taking measures to prevent transmission such as viral suppression or being noninfectious, condom use, and partner PrEP use.
Do states have HIV laws?
For this analysis, only HIV-specific laws are captured for states with both HIV-specific laws and STD/communicable/infectious disease laws. Only HIV or STD/communicable/infectious disease laws are captured for states with both HIV or STD/communicable/infectious ...
Is the information presented here legal advice?
The information presented here does not constitute legal advice and does not represent the legal views of the Centers for Disease Control and Prevention or the Department of Health and Human Services, nor is it a comprehensive analysis of all legal provisions relevant to HIV. This information is subject to change and does not contain measures implemented by counties, cities, or other localities. Use of any provision herein should be contemplated only in conjunction with advice from legal counsel.
Is HIV a criminal offense?
Criminalization of potential HIV exposure is largely a matter of state law, with some Federal legislation addressing criminalization in discrete areas, such as blood donation and prostitution. These laws vary as to what behaviors are criminalized or what behaviors result in additional penalties.
What is a loc map for HIV testing?
HIV Diagnostic Tests LOINC Map#N#excel icon#N#[XLS – 254 KB]#N#To increase semantic interoperability for HIV laboratory reporting, the Division of HIV/AIDS Prevention, HIV Incidence and Case Surveillance Branch at CDC participated in a pilot project to develop a LOINC map for all FDA-approved HIV diagnostic tests. The standardized mapping was developed in coordination with Association of Public Health Laboratories, the Regenstrief Institute, Inc., and the Division of Laboratory Systems at CDC. The benefits of the LOINC map is in providing a concise document that defines LOINC codes for use with specific tests.#N#Intended Audience: Diagnostic laboratory personnel, public health surveillance personnel and in vitro diagnostic developers.
What is the purpose of the NCHHSTP report?
The purpose of this report is to help public health agencies and others understand and interpret their responsibilities under the Privacy Rule.
What is the decisive factor in the discussion of confidentiality in HIV cases?
The decisive factor, which emphasizes the need of such a discussion about confidentiality in HIV cases, is the character of the HIV: HIV is incurable, causes the danger of fatal outcome , discrimination etc. The aim of the paper is to explore the limits of confidentiality, as there is a duty to warn the third party about the danger ...
What is the ethical obligation of a physician to keep confidential information?
Generally, physicians have a legal and ethical obligation of keeping confidentiality regarding their communications with patients. So, the most complicated ethical and legal questions arise when the HIV-infected person deliberately avoids to report to the interested individuals about the possibility of HIV transmission. The decisive factor, which emphasizes the need of such a discussion about confidentiality in HIV cases, is the character of the HIV: HIV is incurable, causes the danger of fatal outcome, discrimination etc. The aim of the paper is to explore the limits of confidentiality, as there is a duty to warn the third party about the danger of HIV transmission in that case on the part of the physician, even when the HIV-infected individual categorically refuses doing so. The paper analyses some specificities of confidentiality keeping in HIV pandemia, the responsibilities of a physician concerning the third party and his duty to warn him/her. Special attention is paid to those cases, when the fact of HIV infection has to be reported upon the patient's death or when the disclosure of the confidential information is connected with the possibility to start the post-exposure prophylactics. The paper presumes that confidentiality is not an absolute value, when there exists a real danger to the third party (e.g. a spouse, a care-taking relative, a victim).
What is the Tarasoff ruling?
The Tarasoff rulings set legal precedent. But, over the years as states have passed laws to address these issues, the precedent has been codified into law. Yet, various states’ laws are different in their requirements. Some states have duty to warn statutes, some have duty to protect statutes, some have duty to warn and protect statutes, and some include treatment in their statutes. For example, in Maryland , the law is the duty to warn, protect, or treat. That is, if treatment can prevent harm to another person from occurring , it should be used first. Confidentiality should only be breached in these situations when treatment is ineffective or is not possible.
Why is it important to know the laws in your jurisdiction?
So, knowledge of the relevant laws in one’s jurisdiction is essential. It is also important to keep in mind that breaching confidentiality due to harm to others has strict limitations. The harm must be threats of harm in the future, not in the past or ongoing.
What is the duty to warn?
Some states have duty to warn statutes, some have duty to protect statutes, some have duty to warn and protect statutes, and some include treatment in their statutes. For example, in Maryland , the law is the duty to warn, protect, or treat. That is, if treatment can prevent harm to another person from occurring , it should be used first.
What is the so-called duty to warn?
Mills, M. (1984). The so-called duty to warn: The psychotherapeutic duty to protect third parties from patients’ violent acts. Behavioral Sciences & The Law, 2 (3) , 237-257.
Why is it important to keep in mind the requirements of your state's laws?
This includes duty to warn, protect, and treat laws as well as those relevant to reporting HIV.
Do psychotherapists have to call police?
But, if one’s state law allows for this the psychotherapist should always consider treatment as the first option. These laws do not require that the psychotherapist make a call to the intended victim and to the police the moment a client discloses such a threat.
What is the right to be fully informed about medical procedures?
You have the right to be fully informed about medical procedures or treatment you will receive, including an HIV test, so that you can give informed consent. You also have the right to refuse medical treatment.
Do doctors have to report HIV?
This means they cannot release your medical information without your consent unless the law orders them to do so. Doctors and health care workers are required to report a positive HIV test or a diagnosis of AIDS to Public Health. In some other specific situations — such as a legitimate concern that someone else is at risk of harm — the law may allow the release of confidential medical information without your consent.
Can a hospital refuse to treat a patient?
In an emergency situation, a hospital cannot refuse to treat a patient unless the hospital does not have the proper facilities. In that case, the hospital has to assist the patient in getting emergency service elsewhere.
What happens when HIV is disclosed?
Once disclosure has occurred, children often benefit from interactions with other HIV-infected children who are aware of their diagnosis to discuss coping and future disclosures with others. Policy makers need to be acutely aware of the questions and nuances involved pertaining to HIV disclosure.
What is disclosure of HIV?
Disclosure of HIV entails telling children that they have a potentially life-threatening, stigmatized, and sexually transmittable illness. Thus, parents and healthcare providers often disagree about the timing and appropriateness of disclosure. The American Academy of Pediatrics (AAP) recommends that all adolescents know their HIV status and that disclosure be considered for school-age children as soon as is developmentally appropriate.3However, the AAP provided few concrete guidelines to support providers and families in this process (that is, whenand howexactly to tell, how to decide, how to weigh psychosocial effects of disclosure, and whether full disclosure is ever notappropriate).
How many children in the US have HIV?
Worldwide, 2.2 million children live with HIV, with 640,000 infected each year.1In the U.S., more than 9,000 children live with perinatal HIV.2Early in the epidemic, when HIV-infected children faced very short life expectancies, few providers were concerned about disclosing the diagnosis to children. However, since the advent of antiretrovirals (ARVs) and their use in children, increasing numbers of HIV-infected children are living longer, often into adolescence and young adulthood. Thus, children are reaching a level of cognitive development that allows them to understand their HIV diagnosis and to participate in treatment decisions, which could affect adherence to often complex medication regimens. Furthermore, older children and adolescents are reaching a level of physical and emotional development that can lead to sexual activity and sexual transmission risks. Sexual transmission is of particular concern among adolescents who may have little sexual experience, and thus be less familiar with safer sexual practices. If perinatally infected youth are nonadherent, they could potentially transmit drug-resistant virus. Thus, providers or other legal guardians/caregivers or parents (all of whom we will refer to below as “parents”) of children with perinatally acquired HIV face the difficult tasks of someday telling their child that he or she is HIV infected.
How old is Maria from HIV?
Maria, a 36-year-old HIV-infected Latino woman, gave birth to an HIV-infected daughter, Amelia. Maria does not want Amelia to know that either of them has HIV. Amelia is now 10 years old. Amelia has been told she takes medications for “a problem in her blood.” Recently, Amelia says she does not like taking the medication, and occasionally misses doses. The clinic staff have raised the issue of whether Amelia should be told about her diagnosis. In the near future, she will be at the age at which girls often become more interested in boys or sexual behavior. Also, her social worker feels that if Amelia knew her diagnosis, she might be more adherent to her medications.
When should parents disclose their children's medical history?
Commonly, parents delay disclosure until children are at least 10 years old , providing some information about the illness beforehand, without using the terms “HIV” or “AIDS.”4One study, for example, reports that 50 percent of staff, caregivers, and patients thought disclosure should occur before age 12.5Prior research has reported that some parents try to protect their children by attributing the need for medical care to other, more benign, or less stigmatized conditions (for example, asthma or cancer). When full disclosure does occur, the psychological impact on the child and family is not clear. In fact, studies results differ dramatically as to whether a higher incidence of psychological and behavioral problems occur among children who have notbeen told about their diagnosis versus children who have been formally told.6Moreover, critical questions emerge of not just how clinicians areaddressing these issues, but how clinicians shouldproceed in these cases. How should clinicians think about balancing the rights of the child versusthe mother, especially as children grow older? Do the rights of the child ever trump those of the parent, and if so, when and why? Who should disclose the diagnosis to the child? One study found that the majority of patients thought they were told at the right time and by the right person, if the latter were a family member, rather than a healthcare provider.7
Can a child be told about HIV?
Legally, there is no clear mandate concerning most of these disclosure dilemmas. Federal and state laws do not appear to address diagnosis disclosure to children explicitly. Many state laws do protect the privacy of information regarding a person’s HIV status, except in very specific circumstances;12and these laws may prevent HCWs from informing a child that he or she was perinatally infected with HIV, as such a disclosure would result in violating the confidentiality of the mother’s HIV diagnosis. In at least one state (that is, Georgia) a physician may be warranted in telling a child that he or she was perinatally HIV infected, as the law supports a physician’s disclosure of a mother’s HIV diagnosis to a child, given reasonable belief that the child is at risk of being HIV infected.13
What ethical dilemma do health professionals face when working with HIV-infected clients?
An ethical dilemma that health professionals working with HIV-infected clients currently face is the issue of maintaining patient confidentiality vs. the professional's duty to warn persons at potential risk for acquiring the virus. Multiple factors are involved when trying to resolve what a health …
When are multiple factors involved when trying to resolve what a health professional's obligations are?
Multiple factors are involved when trying to resolve what a health professional's obligations are when he or she becomes aware of a risk to another individual. Professional standards require that patient confidentiality be maintained in order to promote a helping relationship.
When will HIV patients fall asleep?
on June 22, 2020. At some point in time, all of us will have had problems falling asleep. For some people living with HIV, other factors can seriously compound sleeping issues. Whether it be the effects of certain HIV drugs or conditions like night sweats that can sometimes occur, the inability to fall asleep can often chip away at ...
What is the meaning of depression in HIV?
Depression is characterized by an inability to fall asleep or stay asleep during the night. For people with HIV, negative feelings about their treatment or future can fuel feelings of despair. To make matters worse, some medications used to treat depression can themselves impact your ability to get a good night's rest.
What is the pain of sleep apnea?
These include the sometimes painful sensations of peripheral neuropathy, as well as the damp, clammy nuisance of night sweats. Sleep apnea is a condition characterized by periods of absent breathing while sleeping. People with sleep apnea wake themselves choking and gasping for air.
Why is sleep important?
A disruption in the amount or quality of sleep we get takes a toll on mood, energy levels, and concentration. Sleep also plays an important role in the state of our immune system, with chronic insomnia and sleep depletion often correlating to a poorer immune response . 2 . A typical night's sleep is comprised of many stages ranging in length ...
How long does it take for HIV to go away?
Most of these effects, however, are known to resolve within one to several weeks of starting the drug. HIV-associated symptoms can often profoundly impact one's ability to sleep.
How long does it take to sleep?
A typical night's sleep is comprised of many stages ranging in length from five minutes to a couple of hours. Each stage starts with light sleep, a stage where you can be awakened quite easily. From there, as your brain waves slow and you gradually progress to what is known as REM sleep, your body movement slows and you are able to achieve deep, ...
Does HIV keep you up at night?
The simple fact is that HIV costs money, even for those who have insurance and are enrolled in drug assistance programs. The stress associated with the financial impact of the disease can interfere with our ability to sleep well.
Tarasoff 1974 and 1976
- In 1974 in the initial ruling the court opined that “where a psychotherapist had reason, arising out of a professional relationship with a patient, to believe, or reasonably should have believed, that the patient was intending to harm a specific victim, that a duty existed to warn that victim” (Mills, 1984). In 1976 the court revised and updated its opinion, adding to the obligation to warn the int…
State's Law
- The Tarasoff rulings set legal precedent. But, over the years as states have passed laws to address these issues, the precedent has been codified into law. Yet, various states’ laws are different in their requirements. Some states have duty to warn statutes, some have duty to protect statutes, some have duty to warn and protect statutes, and some include treatment in their statu…
Duty to Warn Specific to HIV and Aids
- With regard to the issue of a client with HIV or AIDS disclosing engaging in unprotected sex with other individuals this is of course a very serious concern that will hopefully be addressed in treatment. With regard to breaching confidentiality there are several issues of relevance and great importance. First, it is essential that we always include...
The Importance of State's Law and HIV/AIDS Reporting
- Thus, it is important to keep in mind the requirements of your state’s laws. This includes duty to warn, protect, and treat laws as well as those relevant to reporting HIV. Some states do not all require the reporting of HIV or AIDS status by licensed psychotherapists (e.g. Wisconsin) while other states require the reporting of it (e.g. Washington). So, knowledge of the relevant laws in o…
Important Disclaimers
- I hope this is helpful to you. I do not represent myself as an attorney or an expert on every jurisdiction’s laws, and I do not know all the details of your case. But, I do hope this provides some issues for consideration and discussion. Please feel free to share your comments and any additional thoughts. I also welcome other members sharing their thoughts and perspectives on t…