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Partner Notification: The Duty of the Physician or Counselor
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Page 16
Many countries authorize physicians or counselors to conduct partner notification. Partner notification usually is voluntary, but occasionally can be done without the consent of the index patient. A physician's duty to disclose a patient's HIV status to the patient's partners who may be at risk of infection emanates from the legal concept of "duty to warn." In order to warn the partners of an HIV-infected patient, the physician may be authorized under law to obtain the partners' names from the patient, confidentially tell the partners they may be infected, and provide the partners with HIV counseling and access to testing and other services when available. Physicians and other providers must conduct partner notification in a confidential manner to avoid violations of their patient's right to privacy and reduce possible stigma and discrimination.
In many countries, legal authority to conduct partner notification exists at multiple levels. Most countries that sanction partner notification have encouraged persons who are HIV-infected to disclose their status to partners or imposed a duty to do so (seeTopic 1.4). Many of these countries have implemented additional mechanisms to authorize physicians, counselors, or other health providers to engage in partner notification when voluntary methods are insufficient or in cooperation with patients. In determining whether to employ partner notification, health care professionals must balance opposing factors.The privacy violations and potential harm, discrimination, abandonment, or stigma that the index patient may face as a result of the disclosure to partners must be weighed against the risk that, absent these efforts, HIV may be transmitted to these partners and beyond. In practice, many health care professionals avoid an active role in partner notification when patients are willing to notify their partner themselves. Only when the patient refuses or is unwilling to engage in partner notification will the physician proceed without consent. Still, a physician may determine that in light of the circumstances, such as potential abuse or other factors, partner notification may not be appropriate. Health care professionals/counselors usually retain the discretion to notify and counsel identified partners after weighing the harms and benefits to all parties.
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Request your trial- Legal Aspects of HIV/AIDS. A Guide for Policy and Law Reform
- Public Health Policies and Practices
- Surveillance, Screening, and Testing for HIV and AIDS
- Prevention of Mother to Child Transmission of HIV (PMTCT)
- Disclosure of HIV Information
- Partner Notification: The Responsibility of the Patient
- Partner Notification: The Duty of the Physician or Counselor
- Partner Notification: The Powers of Government Agencies
- Isolation and Quarantine
- Blood/Tissue/Organ Supply
- Universal Infection Control Precautions
- Postexposure Prophylaxis
- Access to the Technical Means of Prevention (Condoms)
- Male Circumcision
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