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CDC HomeHIV/AIDS > Topics > Prevention Programs > Comprehensive Risk Counseling and Services > CRCS Resources > HIV Prevention Case Management Guidance

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6.0 Ethical and Legal Issues
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All of the following issues have critical ethical and legal implications for PCM programs.

STANDARDS FOR ETHICAL AND LEGAL ISSUES

Confidentiality Organizations must have well-established policies and procedures for handling and maintaining HIV-related confidential information that conform to state and federal laws. These policies and procedures must ensure that strict confidentiality is maintained for all persons who are screened, assessed, and/or participate in PCM. Most states have well-established and stringent confidentiality laws specifically related to information about HIV/AIDS.

Voluntary and Informed Consent A client’s participation must always be voluntary and with the client’s informed consent. Documentation of voluntary, informed consent must be maintained in the client’s file. In addition, a client’s informed consent is required before a prevention case manager may contact another provider serving that same client.

Cultural Competence Organizations must make every effort to uphold a high standard for cultural competence, that is, programs and services provided in a style and format respectful of the cultural norms, values, and traditions that are endorsed by community leaders and accepted by the target population. Cultural appropriateness and relevance are critical to the success of any HIV prevention activity.

Professional Ethics PCM must be governed by the same general professional ethics that govern most human service fields such as social work, counseling, and clinical psychology (For example, Hepworth, D. H. and Larsen, J. 1986).

Discharge Planning Organizations must make efforts to ensure that clients have received appropriate referrals and are adequately receiving needed services at the time of discharge (graduation).

Duty to Warn Organizations must be familiar with state and local procedures/requirements related to duty to warn other individuals at risk or in physical danger.

Go to 7.0 Technical Assistance

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Last Modified: July 13, 2006
Last Reviewed: July 13, 2006
Content Source:
Divisions of HIV/AIDS Prevention
National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention
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