Counselor+Interview

Home HIV Case  Confidentiality and HIV Literature Review  Ethical Issues and Legal ConsiderationsCounselor Interview Decision Making Model

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 * Bryan Stephens, LPC, CPCS, is the Ethics Chair for the Licensed Professional Counselor Association of Georgia's Board of Directors. He can be reached at****LPCACPCS@gmail.com****.**

"What if instead of HIV, she was planning to use a knife to cut him, and you knew if you told the man, he would get angry and be abusive. Would you still hesitate to warn him? What if she planned to kill him? What if she planned to poison him?" "Then it would be a duty to warn and I would be required both ethically and legally to inform him. But is there a way to do it that maintains the client-counselor relationship and keeps her (and me) safe from him?" "The agency that did the test can be informed of his name, I would wonder if they might call and say he had been exposed by someone that says they were his partner."
 * Bryan:**
 * Skye:**
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 * Todd Love, Attorney at Law, MBA, Psychology/Counseling Doctoral Student, is a member of the Licensed Professional Counselor Association of Georgia's Ethics Committee. He can be reached at todd@toddlovepsych.com. **

According to Georgia law, it is a Felony for the client in the case study to continue to have unprotected sex with her boyfriend after discovering she is HIV+ without first disclosing to him (see OCGA below). Thus, the counselor is at legal risk if they remain silent while the client continues to commit crimes. Generally, only attorneys & clergy have this level of privilege. While it is not the counselors duty to report, per se, a suit for neglecting a Duty to Warn others against potential harm (Tarasoff) could feasibly be brought against the client.

The medical doctor or other medical professional does have a the disclosure requirement.

You could theorize that the competent counselor has already addressed this in their Informed Consent via "If you reveal that you have committed or are contemplating the commission of a crime, I may report that to the appropriate authorities."

//TITLE 16. CRIMES AND OFFENSES// //CHAPTER 5. CRIMES AGAINST THE PERSON// //ARTICLE 4. RECKLESS CONDUCT//

//O.C.G.A. § 16-5-60 (2012)//

//§ 16-5-60. Reckless conduct causing harm to or endangering the bodily safety of another; conduct by HIV infected persons; assault by HIV infected persons or hepatitis infected persons//

//(b) A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.//

//(c) A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:// //(1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to that intercourse or sexual act;//

//is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years.// ////

//ACA CODE//

//B.2. Exceptions//

//B.2.a. Danger and Legal Requirements//

//The general requirement that counselors keep information confidential does not apply when disclosure is required to protect clients or identified others from serious and foresee- able harm or when legal requirements demand that confidential information must be revealed.//

//B.2.b. Contagious, Life-Threatening Diseases//

//When clients disclose that they have a disease commonly known to be both communicable and life threatening, counselors may be justified in disclos- ing information to identifiable third parties, if they are known to be at demonstrable and high risk of con- tracting the disease. Prior to making a disclosure, counselors confirm that there is such a diagnosis and assess the intent of clients to inform the third parties about their disease or to en- gage in any behaviors that may be harmful to an identifiable third party.//

//**These professionals conclude, and we concur, that even though there is no legal or ethical requirement to tell Javier that he may be HIV positive, there is a value-based duty to warn. We believe it will be best to give Javier's name to the clinic where Norma was diagnosed and let them inform Javier of his possible exposure to the virus.**//