Your Legal Obligation with HIV Disclosure

Sexually transmitted diseases can seem embarrassing and difficult to discuss. Also, it’s easy to come up with excuses to avoid being tested for STD’s. You might also believe there’s no possibility that you’ve come into contact with an STD.

The fact is, the majority of sexually active individuals are fully aware of the dangers and effects of STDs. Still, they aren’t taking the necessary steps to get tested. Well if a person isn’t aware of whether or not they have an STD, they can’t get treated for it. They also won’t be aware of whether they are passing it along to someone else. However, in some instances you have a legal obligation to tell your sexual partners about a positive test result. Particularly when it comes to HIV..

 

What happens once you’ve tested positive for HIV?

If your test result is found to be positive, the testing site or clinic will then report those results to your state’s health department. The reason for this is for public health officials to monitor the HIV epidemic in your city and state.

You don’t need to worry about this information being shared because your personal information (name, address, health records, etc.) are removed being the information is sent to the CDC (Centers for Disease Control).

 

What are my legal obligations with HIV?

Many states and cities across the U.S. have what is called partner-notification laws. This means that if you test positive for HIV, you are legally obligated to tell your sexual partner(s). In some states, it is considered a crime and you can be charged if you do not share this information. Similarly, health care providers are required to report the name of your sexual partner(s) in some cases, even if you don’t report that information

 

What is duty to warn?

You may have heard of the duty to warn in some states. This is a law requiring clinic staff to notify a “third party” when they know that a patient has a significant risk to becoming exposed to HIV. This typically happens when a staff member knows that a patient who is infected with HIV has the potential to put their partner(s) at risk. Typically these efforts are put into place to notify marriage partners of an HIV or AIDS patient. While duty to warn sounds like simply “good faith,” it is a law.

We strongly encourage anyone who is sexually active to be tested regularly for any type of STD. It can strongly affect your health as well as the health of your sexual partner(s) and loved ones. The more aware you are of your current health, the sooner you could treat any positive results and let your partner(s) know so they may also be treated. In some cases like this one, you may be legally obligated to do so.

For any questions or for more information on taking action to receive HIV testing and STD testing, contact your local ARCpoint Labs today!