Wednesday, October 20, 2010

What is the state law of Ohio regaurding HIV/AIDs, confidentiality, and duty to warn

What is the state law of Ohio regaurding HIV/AIDs, confidentiality, and duty to warn?
I need to know if counselors in Ohio are required to keep this information confidental or if they can tell third parties
Law & Ethics - 4 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Whether they are obligated or not, if your significant other was HIV positive, wouldn't you want THEM to tell YOU?
2 :
Due to heppa laws, the doctors cannot tell people who personally has the disease, but they can however tell those who have had sexual or blood contact that they have been exposed to the disease so they can get tested. I do think though that if an insurance company asks, they can tell them so the comapny can decide to cover you or not. You can look up the center for diease control, they can give you more definate answers...
3 :
Not sure about Ohio, I know America is rather backwards (much like Australia in some ways) so it wouldn't surprise me if the answer is No for Privacy reasons. In Australia it is a big NO-NO if you don't tell your sex partner you have AIDS (probably HIV too) and a jail sentence if they are infected.
4 :
you didn't say what type of counselor this is. in my experience, only licensed medical and mental health professionals enjoy the doctor / patient privilege. if this is a school counselor, that is not licensed, only their own ethics or school policy will keep them silent. if this was a counselor at an AIDS clinic attached to a medical professional; the privilege would apply to the doctor's employees. ohio probably has specific statutes dealing with sexually transmitted diseases and notifying past contacts, but even then, outside of the "stakeholders" (past intimate contacts) your medical jistory stays private. perhaps for a more definitive answer, you should post on the medical boards. good luck!

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