patient with hiv, does the doctor have to report to spuse?

Moreover, the Supreme Court said that since the spouse/fiancé of the person has Right to Know and Right to Live a Healthy Life, which is also a fundamental right guaranteed under Article 21 of The Constitution of India, therefore, the doctors disclosing the HIV positive reports to the spouse/fiancé of the patient would not be considered illegal.

Full Answer

Should physician-patients talk about HIV disclosure?

Physicians must be cognizant of their patients' circumstances and the sensitivities surrounding the discussion of HIV disclosure. This means that they should know their patients well and follow the well-worn aphorism to treat the patient as an individual, rather than as simply a disease.

Do you have to report new cases of AIDS?

All 50 states require both physicians and laboratories to report to local or state health departments the names of persons newly diagnosed with Centers for Disease Control-defined AIDS [1]. However, because AIDS cases represent onset of the disease caused by HIV, HIV data is necessary to monitor the epidemic.

Do doctors have to report HIV cases in New York State?

Beginning June 1, 2000, doctors and laboratories are required to report to the State Health Department all cases of HIV infection and HIV illness -- as determined by CD4 and viral load testing -- in New York State. Since 1983, doctors and laboratories have been required to report AIDS cases.

What do doctors need to know about HIV testing?

Doctors and labs must report to the Health Department the names of persons with HIV infection, HIV illness and AIDS. Doctors must also report the names of sex and needle-sharing partners of people who test HIV positive that are known to the doctor. What's Voluntary? Getting an HIV test.

Does a doctor have to tell a spouse about HIV?

Many states and some cities have partner-notification laws—meaning that, if you test positive for HIV, you (or your healthcare provider) may be legally obligated to tell your sex or needle-sharing partner(s). In some states, if you are HIV-positive and don't tell your partner(s), you can be charged with a crime.

Do you have to report HIV to your partner?

HIV and STD Criminalization Laws 2021 In 12 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 4 states require disclosure to needle-sharing partners. The maximum sentence length for violating an HIV-specific statute is also a matter of state law.

Do doctors have to disclose their HIV status?

Doctors generally need a patient's written consent to disclose HIV-related information to employers and others requiring medical forms. These consent requirements are in HIPAA and many state laws, including New York's.

What is the reporting protocol for HIV?

ACUTE HIV INFECTION REPORTING Labs and health care providers may call (213) 351-8516 to report a case of acute HIV infection. California law (17 CCR §2505) requires laboratories to report positive tests for syphilis, gonorrhea, chlamydia trachomatis infections, including lymphogranuloma venereum.

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Why is it important to disclose your HIV status?

It's important to disclose your HIV status to your sex partner (s) and anyone you shared needles with, even if you are not comfortable doing it. Communicating with each other about your HIV status means you can take steps to keep both of you healthy.

What do you need to know about HIV?

Health Care Providers. Your health care providers (doctors, clinical workers, dentists, etc.) have to know about your HIV status in order to be able to give you the best possible care. It's also important that healthcare providers know your HIV status so that they don't prescribe medication for you that may be harmful when taken with your HIV ...

What is the stop HIV campaign?

If you're nervous about disclosing your test result, or you have been threatened or injured by a partner, you can ask your doctor or the local health department to help you tell your partner (s) that they might have been exposed to HIV. This type of assistance is called partner notification or partner services.

Can HIV test results be released?

Your HIV test result will become part of your medical records so that your doctor or other healthcare providers can give you the best care possible. All medical information, including HIV test results, falls under strict confidentiality laws such as the Health Insurance Portability and Accountability Act's (HIPAA) Privacy Rule and cannot be released without your permission. There are some limited exceptions to confidentiality. These come into play only when not disclosing the information could result in harm to the other person.

Do you have to disclose your HIV status?

Some states require you to disclose your HIV-positive status before you receive any health care services from a physician or dentist. For this reason, it's important to discuss the laws in your state about disclosure in medical settings with the healthcare provider who gave you your HIV test results. Your HIV test result will become part of your ...

Can an employer discriminate against you for HIV?

All people with HIV are covered under the Americans with Disabilities Act. This means that your employer cannot discriminate against you because of your HIV status as long as you can do your job. To learn more, see the Department of Justice's ADA.gov/HIV website.

Can an employer know if you have HIV?

Employers. In most cases, your employer will not know your HIV status unless you tell them. But your employer does have a right to ask if you have any health conditions that would affect your ability to do your job or pose a serious risk to others.

What does the health department do for HIV?

Health department staff tell your current and former partners that they may have been exposed to HIV. The health department will provide your partners with testing, counseling, and referrals for other services. Partner Services programs are available through health departments and some medical offices and clinics.

Who can help you with HIV?

Your family and friends can help you deal with an HIV diagnosis.

Do I have to share my HIV status?

Am I legally required to share my HIV status with others? In some states, there are laws. external icon. that require you to share your HIV status with your sex or injection partners. Sharing your status with anyone else is your choice.

Do you have to tell your employer about your job?

You do not have to tell your employer.

Can you tell your partner you have HIV?

Sex or Injection Partners. Telling your partners that you have HIV before you have sex or inject drugs may be uncomfortable. But doing so protects you under the law. It also allows your partners to make decisions that can protect their health.

Who must report HIV?

Doctors and labs must report to the Health Department the names of persons with HIV infection, HIV illness and AIDS. Doctors must also report the names of sex and needle-sharing partners of people who test HIV positive that are known to the doctor.

When did doctors have to report HIV?

Beginning June 1, 2000, doctors and laboratories are required to report to the State Health Department all cases of HIV infection and HIV illness -- as determined by CD4 and viral load testing -- in New York State. Since 1983, doctors and laboratories have been required to report AIDS cases. Since people usually live for many years ...

What to do if your partner is exposed to HIV?

Your doctor and/or the PNAP/CNAP counselor will talk with you about how you think your partner may react to learning he/she has been exposed to HIV. You should tell your doctor about any concerns you have. If telling your partner will seriously affect your health or safety or the health or safety of someone close to you, notification of the partner can be delayed or deferred. In these cases, your doctor or the PNAP/CNAP counselor will refer you to counselors that can help you plan for your safety.

How to contact AIDS hotline?

For general information about HIV and AIDS, referrals to PNAP sites near you, and referrals to HIV counseling and testing sites near you, call: New York State AIDS Hotline: 1-800-541-AIDS.

What is the number to call for HIV testing in New York?

For information about Contact Notification Assistance Programs in New York City, call: CNAP: 212-693-1419.

Why should women get tested if they are pregnant?

Women should get tested if they are pregnant or planning to get pregnant because there are medicines that greatly reduce the chance that a woman will pass HIV on to her baby.

Who can notify your partner of HIV?

Consider the three options for partner notification and discuss them with your doctor or with the counselor who conducted your HIV test. PNAP/CNAP counselors can notify your partner for you if you provide some basic identifying information about your partner. PNAP and CNAP counselors can help you and your doctor with partner notification.

What is HIV counseling?

Providing services to people with HIV or other STDs, including risk-reduction counseling and referrals for medical care and other services (e.g., psychosocial support and prevention interventions). Ensuring that sexual and drug injection partners of people with HIV or other STDs are notified of their potential exposure, ...

What is the best treatment for HIV?

Discuss the importance of taking HIV medicine, or antiretroviral therapy (ART), to treat HIV as soon as possible. Viral suppression, or having an undetectable viral load, is the best thing people with HIV can do to stay healthy.

What are the most common reportable infections?

The list of reportable infections varies from state to state, but it typically includes HIV, syphilis, gonorrhea, and chlamydia. Other infections may also be reportable, and it is important for you as a health care provider to know which ones are reportable in your area.

What is the purpose of a STD presentation?

Presents an opportunity for you to identify behaviors that increase your patients’ risk of transmitting HIV or another STD and helps you initiate discussions with patients about how to reduce those behaviors.

What is a PrEP for HIV?

PrEP is a powerful HIV-prevention tool and has been shown to be about 99% effective in reducing the risk of sexual HIV transmission.

What happens if a patient tests positive for a test?

If your patient tests positive for one of these infections, he or she will likely be contacted by someone from the health department. Therefore, it is important to let patients know that the health department may contact them if they test positive for one of the reportable infections and that this is a normal procedure.

How does reducing the amount of virus in the body help?

Another benefit of reducing the amount of virus in the body is that it helps prevent transmission to others through sex or syringe sharing, and from mother to child during pregnancy, birth, and breastfeeding. Refer your patient directly to the Partner Services program.

Why do we need to develop laws to determine the boundaries of liability and reporting in HIV and AIDS?

Laws to determine the boundaries of liability and reporting in HIV and AIDS will have to be developed because, clearly, there are conflicting legal doctrines at work in the mandatory reporting case law that judges have made.

Which states have code based HIV reporting?

Forty-three state (including New York, Florida, Texas, Ohio, and New Jersey,) and local health departments have implemented confidential name-based HIV reporting [5], while approximately 14 other state and local health departments use code-based or name-to-code reporting methods [6]. States that use name-to-code systems include Oregon and Washington; California and Massachusetts use a code-only system [7]. Some states, Texas and Kentucky, for example, that once used code-based HIV reporting, have changed to name-based systems.

Why is public policy important for HIV testing?

Public policy encourages high-risk groups to submit to HIV testing because those individuals who know they are HIV-positive are more likely to seek treatment and take precautions that may prevent transmission of the virus.

What is the legal protection of patient privacy and confidentiality?

Legal protection of patient privacy and confidentiality depends on whether or not public health concerns outweigh the interest in preserving the doctor-patient privilege. The balancing of these interests is a particular challenge when it comes to privacy concerns associated with HIV status. A core legal dilemma in the case ...

What is the legal dilemma in HIV/AIDS?

A core legal dilemma in the case of HIV/AIDS is determining when the need to protect others, such as sex partners to whom the patient is likely to transmit HIV, supersedes the patient's right to confidentiality .

What should a physician do if a seropositive patient is endangering a third party?

If a physician knows that a seropositive individual is endangering a third party, the physician should, within the con straints of the law (1) attempt to persuade the infected patient to cease endangering the third party; (2) if persuasion fails, notify authorities; and (3) if the authorities take no action, notify the endangered third party [16].

When a patient threatens to inflict serious bodily harm to another person or to him or herself,?

Where a patient threatens to inflict serious bodily harm to another person or to him or herself and there is a reasonable probability that the patient may carry out the threat, the physician should take reasonable precau tions for the protection of the intended victim, including notification of law enforcement authorities [15].

Do you have to disclose VA health information?

Yes , provided the disclosure is required by state law, has been requested in writing by a properly authorized Public Health official, and does not create undue administrative burden for the VA facility. While VA is a Federal Department and is not required to comply with state laws on this issue, it is certainly an important part of our mission to cooperate with state health departments and facilities are encouraged to provide important public health information. In cases where there are questions about whether the appropriate conditions have been met for release of protected information to state officials, consult your Regional Counsel's office for guidance.

Should HIV test results be included in medical records?

Yes. HIV test results are important medical information and should be included in the electronic medical record.

Can HIV testing be released?

Release of information related to testing or treatment for HIV can only be released with the written permission of the patient. The permission for release of information must specifically state that HIV-related information will be released, and must identify the party to whom it will be released.

Can you get HIV test results from a health care provider?

As with all personal health information, patients' HIV test results should be available to health care providers only on a "need to know" basis. Usually this means that only providers directly involved in the patient's health care should seek information about HIV status. Exceptions exist for certain regulatory, quality improvement, research, and public health activities. Questions about access to personal health information can be addressed to local Privacy Officers.

Sex Or Injection Partners

See more on hiv.gov

Health Care Providers

Family and Friends

Employers