       Document 0925
 DOCN  M95A0925
 TI    California expands the duty to warn patients exposed to and infected
       with HIV. Reisner v. Regents of the University of California.
 DT    9510
 AU    Ferguson RT; Ruehmann SC
 SO    Health Care Law Newsl. 1995 Jun;10(6):5-7. Unique Identifier : AIDSLINE
       AHA/95331693
 AB    There is still no general definitive guide for hospitals and other
       health care providers concerning the extent of their duty to warn third
       parties of a patient's HIV status. However, even in states like
       California that have statutorily eliminated any duty to directly inform
       third parties, the Reisner case clearly indicates that liability to
       third parties may arise indirectly based on a failure to warn
       HIV-exposed or -infected patients of their status and the risks of
       communicating the virus to others. Accordingly, health care providers
       should take several actions: 1. Ascertain, with the assistance of legal
       counsel, the precise dictates of applicable state statutes and case law
       regarding (a) a provider's obligation to warn HIV-exposed or -infected
       individuals of the potential of communicating the virus to others; (b)
       additional statutory requirements such as notification of public health
       authorities; and (c) whether notice to third parties at risk of exposure
       from the patient is required or even permitted. 2. Develop and implement
       written policies regarding notification and counseling of exposed or
       infected patients, including counseling patients on the risks of
       communicating the virus to third parties; and 3. Develop and implement
       written policies regarding permissive or mandatory notification and
       counseling of exposed or infected third parties. In this context,
       providers should be aware that patient confidentiality and privacy laws
       may prohibit disclosure of the identity of exposed or infected patients
       to third parties.
 DE    California  Disease Notification/LEGISLATION & JURISPRUD  Duty to
       Warn/*LEGISLATION & JURISPRUD  Female  Human  HIV Infections/*PREVENTION
       & CONTROL/TRANSMISSION  Liability, Legal  Male  *Physician-Patient
       Relations  Social Responsibility  LEGAL BRIEF  JOURNAL ARTICLE

       SOURCE: National Library of Medicine.  NOTICE: This material may be
       protected by Copyright Law (Title 17, U.S.Code).

