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Questions for nurses /Doctors..Does a nurse have a legal obligation to tell anyone of an HIV diagnosis other?


than the patient

Actually, the other answerers are incorrect on this point. I worked in HIV education and testing for a while and there are some limited circumstances in which an HIV test result can be disclosed to someone other than the patient.

It varies by state (if you're in the United States), but some testing sites are required to submit test results to a state department of health. If the test you're getting is "anonymous" this doesn't occur, but "confidential" tests may be reported. This information is generally kept on file for public health reasons, not because it will be used with reference to you personally. Additionally, HIV testing information may be reported to a health care worker who has been exposed to your body fluids. If, for example, a nurse taking a sample of your blood accidentally sticks herself, an HIV test can be performed and the nurse will be notified of the results. In my locality, the parents of children who got tests and the legal spouses of people who were tested could request the results. This probably varies from place to place, and it isn't generally the case that anyone from the clinic would seek out spouses and parents to notify them, but they do have a right to see the test results if they request them. Judges can also issue court orders that require test results to be disclosed.

The upshot is that in some limited circumstances HIV test results can be given out. It is illegal under the Health Information Privacy Protection Act (HIPPA) to give out test results generally, but there are some legal contexts in which this can occur. Before you're given an HIV test, a counselor should sit down with you and clarify exactly how the test results are going to be treated and who could possibily have access to them. Don't let that stop you from getting tested though. In many places you have a variety of options and you should pick the one which makes you feel most comfortable.

absolutely not - they are called HIPPA laws

no it's protected by hippa there not soppose to tell anyone but the person with it . but they do tell there staff sometimes to be more cautious

No, it's illegal to do that. HIPPA laws regulate this.

Actually, due to HIPPA, we have NO legal obligations to tell anyone of any diagnosis or any information relating to any Pt. without the Pt's consent.

No! That is protected health information and falls under HIPAA regulations. As a former HIPAA officer, if a nurse did that she would be fired and can also face criminal charges, jail and a hefty fine. Her/his license would be in jeopardy. The only thing that nurses are oblige to report is abuse. They are legally responsible to to report ANY suspected and known abuse to social services. If they don't report it they can again be in violation of the law.

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