ERIC Number: ED323713
Record Type: RIE
Publication Date: 1990-Feb
Reference Count: N/A
HIV Liability & Disability Services Providers: An Introduction to Tort Principles. AIDS Technical Report, No. 2.
Harvey, David C.; Decker, Curtis L.
This technical report is part of a series on AIDS/HIV (Acquired Immune Deficiency Syndrome/Human Immunodeficiency Virus) and is intended to help link various legal advocacy organizations providing services to persons with mental illness or developmental disabilities. This report focuses on liability issues from worker and client exposure to HIV. General principles of law are applied to findings of liability that might be brought against an agency or facility on claims of negligent transmission between clients or workers in the following situations: failure to provide a safe environment; negligent worker or client exposure; failure to maintain confidentiality; and failure to protect or warn. Agencies are encouraged to minimize their potential liability by policies which include: (1) an infection control policy and implementation procedures; (2) a sexual behavior policy and procedures for counseling and intervening with recalcitrant clients; (3) a record keeping policy and procedures on confidentiality; (4) an HIV testing policy and informed consent procedures; and (5) creation of a professional advisory committee with multi-disciplinary members that include disability attorneys, physicians, social workers, etc. to advise on policy development and ongoing issues. Contains 33 references and 12 additional resources. (DB)
Descriptors: Acquired Immune Deficiency Syndrome, Adolescents, Adults, Advocacy, Agencies, Communicable Diseases, Confidentiality, Developmental Disabilities, Legal Problems, Legal Responsibility, Mental Disorders, Policy Formation, Public Health, Recordkeeping, Sexuality, Torts
National Association of Protection and Advocacy Systems, 200 Eye St., N.E., Suite 150, Washington, DC 20002 ($10.00 each, $40.00 series of 5).
Publication Type: Guides - Non-Classroom; Reports - General
Education Level: N/A
Sponsor: Robert Wood Foundation, Chevy Chase, MD. AIDS Prevention and Service Program.
Authoring Institution: National Association of Protection and Advocacy Systems, Washington, DC.
Note: For related documents, see EC 232 141-145.