₦airaland Forum

https://www.tiktok.com/video/7602326788701768980?_r=1&_t=ZS-93bhDJCyW9c

I was on social media earlier when I saw this above video.

It is the question of if as an health worker, you can tell the spouse of an HIV positive person the status of the partner.

In the comment section which has an understandably health worker population, they all seemed to want to not tell as they fear it is unethical as the patient might report to the hospital or the medical regulators and you might lose your license.

Firstly this should be considered.

Section 26. Deliberate transmission of HIV or any other life threatening sexually transmitted disease

(1) Any person who, having actual knowledge that he or she is infected with HIV or any other life threatening sexually transmitted disease intentionally, knowingly and wilfully does anything or permits the doing of anything which he or she knows or ought to reasonably know will infect another person with HIV or any other life threatening sexually transmitted disease; is likely to lead to another person being infected with HIV or any other life threatening sexually transmitted disease;.will infect another person with any other sexually transmitted disease, shall be guilty of an offence, whether or not he or she is married to that other person, and shall be liable, upon conviction, to imprisonment for a term of not less than twenty years but which may be enhanced to imprisonment for life.

It is a crime to know that you are living with HIV and do anything that can lead to the infection of someone else including but not limited to sexual intercourse. Seeing as the patient himself is committing a crime, the health worker can tell the spouse.

This matter has been death with by the Nigerian government since 2014 under the HIV and AIDS (Anti Discrimination) Act too which says the spouse or sexual partner has a right to know the status of the sexual partner especially if you suspect the patient is not likely to tell the partner

In Nigeria, disclosing a patient's HIV status to a spouse without consent is generally a breach of confidentiality, but it may not be a crime if done to protect the partner from infection. The HIV and AIDS (Anti-Discrimination) Act, 2014 permits informing a spouse if they are at risk of infection, while unlawful disclosure by individuals or institutions can result in fines and imprisonment.

Key Legal and Ethical Considerations:
Confidentiality Breach: Medical professionals are bound by duty to keep patient records confidential. Unauthorized disclosure can attract a 2-year prison sentence or a 500,000 Naira fine for individuals, and 1,000,000 Naira for institutions.

Spousal Right to Know: According to the 2014 Act, a partner in a marriage or co-habiting relationship has the right to be informed of their partner's HIV status if they consider themselves at risk.

Criminalization of Non-Disclosure: While disclosing may be tricky, it is a crime in Nigeria for a person living with HIV to not disclose their status to a sexual partner, with potential penalties ranging from 15 years to life imprisonment.

Exceptions: Information can be shared if the patient consents, or when it is legally required or in the public interest to prevent harm.

In summary, for healthcare providers, it is safer and legally required to obtain consent, but the law provides a framework for protecting spouses from exposure.

Yes pls....

Personally I think this will help to reduce further damage but looking at it on the other hand ... This could discourage people with spouses from taking the test

Nope
The right to disclosure lies only with the patient ..
A health worker can only encourage the patient to disclose their status to their spouse

Mynd44:
✓ I was on social media earlier when I saw this above video.
It is the question of if as an health worker, you can tell the spouse of an HIV positive person the status of the partner.
In the comment section which has an understandably health worker population, they all seemed to want to not tell as they fear it is unethical as the patient might report to the hospital or the medical regulators and you might lose your license.
Firstly this should be considered.
It is a crime to know that you are living with HIV and do anything that can lead to the infection of someone else including but not limited to sexual intercourse. Seeing as the patient himself is committing a crime, the health worker can tell the spouse.
This matter has been death with by the Nigerian government since 2014 under the HIV and AIDS (Anti Discrimination) Act too which says the spouse or sexual partner has a right to know the status of the sexual partner especially if you suspect the patient is not likely to tell the partner

You has better consult applicable primary laws before you proceed. 🥱🥱🥱

No! For confidential reason. However the healthcare worker should encourage the patient to let his or her spouse know the situation.

DoctorAyukebot:
Nope
The right to disclosure lies only with the patient ..
A health worker can only encourage the patient to disclose their status to their spouse

I hope you realize the law is in such a way that the health worker can report the patient to the police too.

The health worker is only preventing a crime from happening.

The law is clear

Racoon:
No! For confidential reason. However the healthcare worker should encourage the patient to let his or her spouse know the situation.

There is no confidentiality reason here. The law is clear on the matter. The status can be disclosed.

Confidentiality only applies in matter of non-sexual contact.

When the risk of sexual transmission is involved, confidentiality is ou

Morality vs ethics is not a topic for public debate.

With consent and permission that is how it should be professionally, moreso, in such situation a good hearted spouse should be bold to open up for his or her spouse because hidding it and the spouse later discover it wallahi hell will let loose and much damage must have be done...

the question is why would a patient hide such health related issue to the partner.....for me, it is deal breaker

No...totally against the hippocratic oath!the confidentiality of patient's privacy is utmost.

Mvnster:
Morality vs ethics is not a topic for public debate.

This has always been a bone of contention. Which one prevails please, and can you explain in details?

Nope. Clear breach of Patient/Client confidentiality.

hmm i am here to learn.
any

Lts's even ignore the ethics of the case sef for now.

The wife already knows the name of the meds, can't she utilize her access to the Internet to acquire the information she needs?

That's literally the least she can do.

AustineE1:
No...totally against the hippocratic oath!the confidentiality of patient's privacy is utmost.

The hippocratic oath is not superior to the constitution. The law is the law.

The health worker can tell the spouse. Confidentiality ends when you are about to commit a crime.

Psychologists are mandated to report to the police if they believe their client/patient is abut to go commit a violent crime

Angel55555:
Nope. Clear breach of Patient/Client confidentiality.

Cases like this are excluded in the patient/doctor confidentiality.

It doesn't.apply

Professionalism is a big issue in Nigeria.

In Nigeria they dump your test results with the secretary, the secretary will read it and tell you your result.

As a professional,your job is to only tell the person that took the test and refer them for professional counseling if anything is wrong

Mynd44:
The hippocratic oath is not superior to the constitution. The law is the law.

The health worker can tell the spouse. Confidentiality ends when you are about to commit a crime.

Psychologists are mandated to report to the police if they believe their client/patient is abut to go commit a violent crime

Well you have made a salient point,more like 'your right stops when the right of others begins'.

Mynd44:
Cases like this are excluded in the patient/doctor confidentiality.

It doesn't.apply

I believe this should be an exception to the general rule. We learn everyday. Thank you.

Part of your job as a health worker is containment and preventing spread of diseases
If they are a couple it’s important to let the other party know
Bery

You don't even know the law and you are speaking as if you do.

Mynd44:
I hope you realize the law is in such a way that the health worker can report the patient to the police too.

The health worker is only preventing a crime from happening.

The law is clear

Keep a patient's medical records confidential, even if their partner may be potentially affected.

You know say your partner dey piom piom piom from one place to another, but you choose to marry such persons because they have funds or they have large derriere.

Greedy people

Every man/woman is the architect of their misfortunes.

No go put sand sand for another man garri.

Mynd44:
I hope you realize the law is in such a way that the health worker can report the patient to the police too.

The health worker is only preventing a crime from happening.

The law is clear

Prevent a crime u say...if the health worker dares it...they will loose their licence and will be sued heavily...

Do they have prove that a crime will be committed?? Or u think its by hearsay ... u really don't understand law

DoctorAyukebot:
Nope
The right to disclosure lies only with the patient ..
A health worker can only encourage the patient to disclose their status to their spouse

Na man you be. God bless you.

Racoon:
No! For confidential reason. However the healthcare worker should encourage the patient to let his or her spouse know the situation.

God bless you. Na man you be.

by standards NO..
only the patient has the right to disclose her status..

cr7lomo:
Prevent a crime u say...if the health worker dares it...they will loose their licence and will be sued heavily...

Do they have prove that a crime will be committed?? Or u think its by hearsay ... u really don't understand law

The same law that has been passed since 2014.

YES.

There are three instances where the Code of Confidentiality doesn't apply:

1) When the individual poses a risk to himself/herself

2) When the individual poses a risk to others

3) In cases where the individual health information is legally required, such as during pandemics.

The question you pose is a clear example of the 2nd point.

The patient should ideally be the one to inform the spouse. Upon refusal or stalling, the health provider have the responsibility to do so.

DoctorAyukebot:
Nope
The right to disclosure lies only with the patient ..
A health worker can only encourage the patient to disclose their status to their spouse

There are limitations to Right to Privacy and Code of Confidentiality.

This is a clear limitation.

Mynd44:
The same law that has been passed since 2014.

A law that u can't interpret