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Consent and Duty to Warn

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Consider the limits of confidentiality that you delineated in Question I. Had those limits been discussed and an informed consent signed at the onset of treatment, please discuss how you would respond to your client disclosing his intention to have unprotected sex, despite positive HIV status, with an identified other. A complete answer should make reference to cases in the past that have set precedence with respect to a clinician's duty to warn. A complete response should also indicate what conflicting ethical considerations were weighted in coming to your conclusion. (Please see CCA and CCPA)

I appreciate if you can answer sooner than 3 days and let me know ASAP if you can't make it ready at all. Thanks.

Source: Canadian Counselling and Psychotherapy Association Code of Ethics

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Solution Summary

This solution describes the legal mandate of "duty to warn: and discusses the landmark case of Tarasoff vs. University of California.

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*Consent and duty warn

Consider the limits of confidentiality that you delineated in Question I. Had those limits been discussed and an informed consent signed at the onset of treatment, please discuss how you would respond to your client disclosing his intention to have unprotected sex, despite positive HIV status, with an identified other. A complete answer should make reference to cases in the past that have set precedence with respect to a clinician's duty to warn.
In this case, legal considerations and state mandates related to those legal considerations emerge within this dilemma. If professional practitioners are provided with information that a client will bring harm to him or herself or other, the practitioner has a duty to warn others of the impending danger. The case involved a male student who attended the University of California. The student became romantically involved with a female student, who did not return the great affection that he had for her. Her rejection of his advances left him depressed and despondent, and resulted in his ...

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