legal responsibility

good2bbad

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Mar 8, 2006
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When one comes to one of the clinics to be tested for STD's and tests positive for something, is the clinic required to notify anyone or are the results private
 

good2bbad

Banned
Mar 8, 2006
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health nurse?

still looking for an answer.:confused:
 

Health Nurse

Supporting Member
Nov 24, 2004
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When one comes to one of the clinics to be tested for STD's and tests positive for something, is the clinic required to notify anyone or are the results private


Hi good2bbad

There are a number of laws that cover this situation and in reality we make decisions on a case by case basis.

We have a legal duty to keep client information confidential; this means client information cannot be released or disclosed without client consent. The exception to this is that we may be forced to disclose client information to police under a search warrant or to a court under a subpoena.

It also depends on what type of infection the person tests positive for.

Gonorrhea, chlamydia and syphilis are covered by the VD act, in summary this act means that someone who test positive for gonorrhea, chlamydia, or syphilis can be legally forced to receive treatment and any partners they have can be forced to have testing and treatment. I believe that this act has only been used once in the last 20 years.

The reason we really do not need to use the VD act is that most people we find who test positive for one of these infections are usually concerned about possibly transmitting this infection to a partner and want to tell them. They also know that if a steady partner is infected and not treated they will just get it back again. We can help the person find the best way to tell the partner and offer support during this process. We can also inform other partners and in the process keep your identity confidential e.g. “someone who is concerned about you wanted you to know that you are a contact to”.

Another reality is that at our clinics we do not require ID so if someone tests positive and they have not supplied us with a way to get in touch with them or a real name it can be difficult for us to follow up with partners. We also ask who your partners are so if we get no information we are unable to follow up as well, but again as these infections are 100% treatable most people are helpful in informing them if they know who they are.

The VD act does not cover the other sexually transmitted infections like herpes, genital warts, pubic lice etc…

HIV is a different matter again and seems to be changing on a month to month basis as more cases go through the Canadian courts.

The HIV/AIDS legal network has some good information about the current situation. Here is a quick summary.

They state that “People living with HIV have a legal duty to disclose their HIV status before engaging in behaviors that put another person at significant risk of serious bodily harm”. At the moment health professionals do not have a duty under criminal law to report, but as explained above we help work with clients so that partners are informed.

Does this answer your question?

Let me know if it is confusing or if you want me to add more information on a particular area.

Please feel free to comment or ask us to expand on a topic. Remember if you would like to ask me a personal question just send me a PM.

HN
www.stdresource.com
 

SexyBoy

Looking for a Sexy Girl
Oct 2, 2006
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Is that Federal or Provincial?
 
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