Chapter 3: Patient Care and Rights

Highlights

In this chapter you will discover information and tips for helping out a HIV patient. You may never know if a client has HIV, but in the event that you learn you will be one step ahead. We will discuss particular laws that affect HIV patients, what the client may do or not do, and how you can ease the transition if HIV discovery is made.

It takes a variety of strategies and initiatives to address this pandemic. It's about life and death and the survival of humanity.

– US Representative, Barbara Lee (D-CA)

HIV Patient Reactions Vary

HIV patients usually don't know they are infected until it is too late. The sudden surprise of this will be shocking. Patients will question what they did, who they trusted, if they will be ok and who will accept them. Anger and sadness can occur, but patients vary. As a health care worker you are not legally allowed to inform others about the patient's condition, unless they consent to it. So, until permission is given, your job is to educate and answer questions for your patient. Implied consent should be treated carefully.

How to Handle an HIV Patient

It is not good to say, "It will be okay." HIV is manageable, but it will take a lot for the patient to get used to, if they do at all. Your best approach is to offer information to help the patient cope, and to leave doors open for questions. It is possible that they have given or received the virus from someone. Loved ones may need to be tested. Time may also be needed to take this revelation in. Stay calm and ask the patient if they would like to know more. If they do not want information remind your patient that you are here to provide that to them. It keeps the door open for the patient, and helps avoid unnecessary conflict.

Questions and HIV Patient May Ask

HIV patients will want to know what resources are available to them when the time comes. Be ready to answer questions such as:


With Permission

With permission from the patient you may discuss your patient's HIV status with family members or friends. This can be done in order to help ease the transition. If you have not been permitted, you are liable for any unnecessary disclosures. It is important to teach HIV acceptance, that HIV is not easily spread and that the patient can still express love safely through hugs and kisses.

Resident Rights

Patients have the same rights as any other person.

Patients have the same rights as any other person. They can make legal decisions for themselves, they can travel where they want to and they can be around whoever they want to. They may still have consensual sex (as long as the client acknowledges their status to avoid legal/criminal complications), and they may still have children. They can work anywhere, so long as there is not a heavy occupational risk of transferring HIV. This does not stop someone from making food or working in the medical industry for example. These jobs require gloves, which helps prevent HIV and hepatitis.

Other Rights


Help

Help can be found through local health departments. Case managers will provide this if requested.

National HIV/AIDS and STD Information (English & Spanish):

HIV patients are protected by two primary laws:


Employers must provide a discrimination-free workplace.

In the Event of Discrimination

Employers are required by law to provide a discrimination-free workplace. If discrimination exists, you must inform your employer. If no action is taken, you may report your claim to the Office for Civil Rights or your state's Human Rights Commission within 180 days of your alleged encounter, regardless of a work setting.

Exceptions

HIV/AID patients may not apply for the Peace Corp, Job Corp, or the army. HIV information can be transmitted to insurance agencies (only when it is necessary), the local health department, in life or death emergencies, and between other healthcare workers. An intentional disclosure is a misdemeanor and carries fines up to $10,000. Medical workers must report HIV status to the local health department, like other STIs. This is for public health benefit purposes. Names are not publicly made available. Refer to your employer policy.

Changes

In 2010, the US redefined its view on national HIV policy. It no longer considered HIV a nationwide communicable threat. As a result, the travel ban was lifted for incoming and outgoing visitors with HIV. There are several key changes that occurred from this definition change:


Reasoning Behind Change

Worldwide there are unnecessary isolationist policies regarding HIV migrants, especially in places such as China. HIV as not as communicable as the flu and is relatively easy to treat and prevent. While this change in the US is a great step forward, many countries do not necessarily embrace this same policy. It is currently being pursued by the UN.



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