Sexually Transmitted Infections FBDOKONI 03/07/2013

Learning outcomes describe the ethical-legal issues that may arises when nursing clients. explain the health policies regarding sexual transmitted infection.

Whatever, in connection with my professional practice or not, in connection with it, I see or hear, in the life of men, which ought not to be spoken of abroad, I will not divulge, as reckoning that all such should be kept secret. 

THE DUTY OF CONFIDENTIALITY GENERALLY

What Constitutes Confidential Information Confidential information is defined as information disclosed to another in circumstances which give rise to a duty on the part of the confidant not to make unauthorised disclosure of information. Information may be expressly made confidential by agreement.

The nature of the relationship between the people (such as a doctor patient or lawyer client relationship) or the subject matter and the circumstances in which the information has come in the hands of a person may also make information be classified as confidential. Protection of confidentiality applies to personal information and information of a private nature, even though the disclosure of this type of confidential information may not lead to pecuniary loss. Incomplete information that may nonetheless give away someone’s identity is also confidential.

The legal basis of medical /nursing practitioner’s duty of confidentiality The legal basis of the duty to maintain confidentiality arises from both statute and common law. Statutes can make it an offence to disclose patient’s information to a third party common law the duty developed in cases where patients sued medical practitioners who have allegedly disclosed confidential information without justification.

CHECKLIST 1 – PUBLIC HEALTH LAW 1. Does the legislation empower public health authorities to provide the following comprehensive prevention and treatment services: Information and education Voluntary testing and counselling STD, sexual and reproductive health services Access to means of prevention e.g. condoms and clean injecting equipment Access to HIV medication, including ART, treatment for opportunistic infections, and medication for pain prophylaxis?

HIV ETHICS & HUMAN RIGHTS Review of legislation of Fiji Islands

Human rights principles The principles of Human Rights relevant to HIV include— The right to non-discrimination, equal protection and equality before the law; The right to life; The right to the highest attainable standard of physical and mental health; The right to liberty and security of the person; The right to freedom of movement; The right to seek and enjoy asylum; The right to privacy; The right to freedom of opinion and expression and the right to freely receive and impart information; The right to freedom of association; The right to work; The right to marry and found a family; The right to equal access to education; The right to an adequate standard of living; The right to social security, assistance and welfare; The right to share in scientific advancement and its benefits; The right to participate in public and cultural life; The right to be free from torture and cruel, inhuman or degrading treatments or punishment. Particular attention is paid to the rights of women and children.3

HIV POLICY FRAMEWORK PUBLIC HEALTH LAW CRIMINAL LAW PRISONS/CORRECTIONAL LAWS ANTIDISCRIMINATION LEGISLATION EQUALITY OF LEGAL STATUS OF VULNERABLE POPULATIONS PRIVACY/CONFIDENTIALITY LAWS EMPLOYMENT LAWS THERAPEUTIC GOODS, CONSUMER PROTECTION LAWS ETHICAL HUMAN RESEARCH ASSOCIATION, INFORMATION, CODES OF PRACTICE

ETHICAL LEGAL ISSUES NURSING CARE Client privacy Client confidentiality The human right to accessibility of care without discrimination from the health care provider

Whatever, in connection with my professional practice or not, in connection with it, I see or hear, in the life of men, which ought not to be spoken of abroad, I will not divulge, as reckoning that all such should be kept secret. (Hippocratic Oath).

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