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HIV AND FAMILY THERAPISTS' DUTY TO WARN: A LEGAL AND ETHICAL ANALYSIS
Author(s) -
Schlossberger Eugene,
Hecker Lorna
Publication year - 1996
Publication title -
journal of marital and family therapy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.868
H-Index - 68
eISSN - 1752-0606
pISSN - 0194-472X
DOI - 10.1111/j.1752-0606.1996.tb00184.x
Subject(s) - duty to warn , confidentiality , autonomy , psychology , duty to protect , professional responsibility , negotiation , duty , law , medicine , political science
In the absence of definitive legal precedents, family therapists must decide whether to warn sexual partners of HIV‐positive clients when clients themselves refuse to do so. Deciding whether to break confidentiality reaises both legal and ethical issues. Legally, the Tarasoff ruling requires therapists to warn potential victims of illegal dangers posed by clients but does not require therapists to warn potential victims of dangers posed by their clients' legally permissible actions. unless the behavior of the seropositive client is proscribed by state law, warning the clients' partners does not fall within the scope of the Tarasoff ruling. Ethically, therapists must negotiate and adhere to a disclosure policy that balances considerations of respecting autonomy, maintaining integrity (avoiding fraud and betrayal), benefiting clients, and fostering responsibility. Some therapeutic and ethical aspects of these considerations are discussed.