ISSN: 0022-1198
CODEN: JFSCA
Page Count: 8

A Proposed Exception to the AIDS Confidentiality Laws for Psychiatric Patients
Gross, BH
Assistant professor of clinical psychiatry, assistant professor of clinical psychiatry, and assistant professor of psychiatry, University of Southern California, Department of Psychiatry, Los, CA

Weinberger, LE
Assistant professor of clinical psychiatry, assistant professor of clinical psychiatry, and assistant professor of psychiatry, University of Southern California, Department of Psychiatry, Los, CA

Botello, TE
Assistant professor of clinical psychiatry, assistant professor of clinical psychiatry, and assistant professor of psychiatry, University of Southern California, Department of Psychiatry, Los, CA

(Received 20 March 1989; accepted 21 June 1989)

Abstract

The authors offer psychotherapists a proposed exception to strict acquired immune deficiency syndrome (AIDS)-related confidentiality laws. The proposal is based on previously established exceptions to the psychotherapist-patient privilege. The recommended breach of confidentiality applies only to cases that meet all of the following criteria: (1) A patient knows that he or she has a human immunodeficiency virus (HIV) positive blood test and has been informed of AIDS-related safety precautions, (2) the HIV-positive patient has a mental disorder, and (3) it is reasonable to believe that the mental disorder has significantly impaired or may significantly impair the patient's ability and behavior to follow AIDS-related safety precautions.

Keywords:
psychiatry, acquired immune deficiency syndrome (AIDS), doctor-patient privilege

Paper ID: JFS12871J
DOI: 10.1520/JFS12871J
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