Tarasoff + HIV

Question 1

Legal obligations apply only when three criteria are met

Answer 1

1) Patient has communicated to the therapist
2) A serious threat of physical violence
3) Against a reasonably identifiable victim

Question 2

Tarasoff duty has two components:

Answer 2

1) A reasonable effort must be made to warn the intended victim
2) The police must be notified

Question 3

The California Health and Safety Law States:

Answer 3

Health care providers (doctors, nurses, dentist, lab technicians, paramedics) exposed to possible HIV infected blood may request information about the patients HIV status, the patients physician may disclose the information but must first attempt to obtain patient consent.

Physician and surgeons are permitted, but not required to disclose patients HIV status to the patients partner; disclosure can only occur if the test results have first been discussed with the patient, and an attempt to obtain consent has occurred (consent is not ultimately needed however).

Question 4

Does HIV constitute a Tarasoff?

Answer 4

as therapists, we DO NOT disclose a patients HIV status as it does not constitute a Tarasoff, therefore there is not duty to warn if our patient is intentionally infecting another with HIV

Question 5

Americans with Disabilities Act

Answer 5

Under The American With Disabilities Act (Federal law) it states that providers of mental health services may never breech a patients confidentiality with regard to HIV status. Health professionals must protect a clients HIV status as confidential information when the client does not want this information released because no other party knows his or her status.