discussion reply 126

Good afternoon, Dr. Morancy and fellow classmates,

An issue that illustrates implication of ethical decision-making is the nurse who cannot reveal a patient’s HIV status to the patient’s family and friends. With the Health Insurance Portability and Accountability Act (HIPPA) keeping her HIV status hidden is not a big issue. The patient’s health information is protected. If the patient does not want to disclose her diagnosis with those close to her then the nurse must respect that. The bigger issue sits in disclosing this information to the patient’s new sexual partner. What is the nurse’s obligation to him as he has no idea of her HIV status? The nurse is in the middle of an ethical dilemma of maintaining her patients right to privacy and that of making the partner aware that he too may be infected. As a Florida licensed Registered Nurse my Nurse Practice Act states that I am under the obligation to promote wellness, maintenance of health, and prevention of illness of others. Let’s answer the question of“When should the practitioner’s duty to maintain the patient’s right to confidential medical treatment be overridden by risk of harm to known third parties?” (Florida’s omnibus aids act, pp 31-34). According to the FLORIDA’S OMNIBUS AIDS ACT: A BRIEF LEGAL GUIDE FOR HEALTH CARE PROFESSIONALS nurses have ‘no duty to warn’ and they will be protected from civil or criminal liability. By the same token, if nurses feel ethically obliged to inform the partner, then they must follow a protocol (“Partner Notification Protocol for Practitioners”) prescribed by the Department of Health. §456.061(1), F.S. and Rule 64D-2.003(2)(l), F.A.C. If this protocol is followed, the practitioner is safeguarded from civil and criminal liability. However, failure to follow the protocol correctly may result in loss of that protection. It is imperative that Nurse’s be well knowledgeable of their states policies and laws as this will help guide them in making their ethical choices.

Florida Department of Health (2013). Florida’s Omnibus Aids Act: a brief legal guide for health care professionals. Retrieved January 20, 2020, from http://www.floridahealth.gov/

Lewenson, S., & Truglio-Londrigan, M. (2015). Right or wrong: Policy, Legal and Ethical Issues, and Decision-Making. Decision-making in nursing: thoughtful approaches for leadership (pp. 33-49). Burlington, MA: Jones & Bartlett Learning.

The Florida Nurse Practice Act, Chapter 464, Florida Statutes, was… nurse practicing in Florida meets minimum requirements for safe practice. … CHAPTER 6. (2008). Retrieved from http://spotidoc.com/doc/305849/the-florida-nurse-practice-act–chapter-464–florida-stat…