Florida Physical Therapy Jurisprudence Practice Exam

When a patient has a positive HIV result, what is the implication for the licensee regarding disclosure to partners?

1. The licensee is liable for not disclosing

2. A family member can be contacted if identity is undisclosed

3. Five attempts to contact the partner is required

4. No liability for failing to disclose information

The correct answer is: No liability for failing to disclose information

In the context of a positive HIV result, the correct implication for a licensee regarding disclosure obligations is that they have no liability for failing to disclose information about the patient's HIV status to partners. This stems from patient confidentiality laws that protect the privacy of the patient and provide the healthcare provider with certain legal protections. In many jurisdictions, including Florida, there are statutes balancing the need for confidentiality with public health concerns, but healthcare providers are typically not held responsible for failing to notify the partners of a patient regarding their HIV status without the patient's consent. The patient has the right to control who is informed about their health status, including their HIV positive result, which is also aligned with ethical standards in healthcare around patient autonomy and confidentiality. Other options imply responsibilities or actions that are not typically required or recognized under the law. For instance, implying that a family member can be contacted without consent undermines the patient's confidentiality rights. Similarly, requiring five attempts to contact a partner is not a standard legal requirement and could pose legal and ethical issues. Lastly, suggesting liability for non-disclosure does not align with the protections and confidentiality rights afforded to patients regarding their health information.