Healthcare staff may claim they have a ‘right to know’ a patient’s HIV status to ‘protect themselves or others from infection’.  There is no legal ‘right’ for a health professional to know a person’s medical diagnosis. Further, it is well established that the consistent use of Standard Precautions is the best way to protect staff in healthcare settings from infection (29).  

PLHIV are not legally obliged to disclose their HIV status to health professionals. Disclosure without consent can only be justified ethically and legally in certain circumstances: if there is an imminent risk to another person’s health or safety or if it is directly needed for the treatment or care of that person, in accordance with local laws (30). 

Conversely, it is beneficial for treating professionals to have the full clinical picture to provide optimal treatment and avoid, for example, drug interactions or missed diagnoses of HIV-related conditions (30).  Best practice involves creating a supportive environment in health services, where people can feel safe and confident in disclosing their HIV status.   

 For further information on this topic including clarification of legal aspects in the Australian setting on a state-by-state basis, see Cameron, 2014 (31).