Can my doctor disclose my HIV status without my consent?
No. Your doctor cannot disclose your HIV status or any HIV-related information without your written informed consent. This is because a doctor is in a fiduciary relationship with you.
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Notes
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A fiduciary relationship is a relationship where one person places complete trust and confidence in another because of that other person’s skills and knowledge , and that other person is expected to act in their best interest. In such a relationship, the person in whom trust is placed has a duty to keep information shared with them confidential.
In the context of the HIV Act, common examples of fiduciary relationships include:
- Doctor & patient
- Counsellor & client
- Lawyer & client