| The purpose of this study was to complete a critical review of the literature concerning AIDS and the ethical and legal considerations of the psychotherapists' decision to warn or not to warn the partner of a client who tested positive for HIV, who refused to disclose his/her status, and who continued to engage in unprotected sex with an identified partner. This critical review of literature had relevance to both ethnical and legal issues of psychotherapy, theory, research, and practice. The theoretical foundation of this research was a systems theory approach to epistemology and axiology. The scope of this critical review of literature was cross-disciplinary, including psychology, law, and sociology. This review included journals, books, and legal cases beginning in 1982, when AIDS was first identified. The conceptual variables in this review included confidentiality and the legal exceptions made to confidentiality. Ethnical codes of professional organizations were reviewed, as well as their disciplinary standards for violations of such codes. The relevant state regulatory disciplinary procedures and lawsuits were examined. The necessity of a disclosure statement and the implications of managed care were explored. Privilege was described, and the Tarasoff v. Regents of University of California case was reviewed. Levels of risk were evaluated. Global, federal, and state responses were examined. Civil liability and the necessity of note taking were discussed. Relevant therapeutic issues were presented, and training concerns and prejudice/bias were explored. A summary of the findings was presented. Finally, a proposal towards social policy was submitted as an invitation to inquiry, and recommendations for future research were made. |
