AIDS and Confidentiality: Legal Concept and Its Application in Psychotherapy
Abstract
Persons with positive HIV appear to have the same right to confidentiality as other medical psychiatric patients. The ethical and legal duties of practitioners who learn that their HIV positive patients are endangering others is discussed. The essential policies of the CDC, AMA, and APA are reviewed along with the current legal situation. One conclusion reached is that applying the Tarasoff doctrine to warn/protect a third party, if that party may already be infected, is useful only when the third party is moral and sensible enough to cease behavior that would spread the disease to others.
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