The Medical Privacy of HIV Patient：Focus on Partner Notification and Minor-HIV-Test Consent

• Main Authors: Chia-Feng Chou, 周佳鋒
• Other Authors: Chih-Jie Yang
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/p3hkt2

碩士 === 國立雲林科技大學 === 科技法律研究所 === 103 === 　　This thesis focuses on the HIV patients and minors of medical privacy issues, especially focuses on the partner notification of the HIV patients, and may minors conduct medical care without parental consent. 　　Society often tags a stigmatized label on AIDS, so AIDS patients in employment, medical care and even other relevant social links relatively have many difficulties, also because society generates a lot of misunderstandings and disgust cognitive on AIDS, so that medical privacy of AIDS patients is particularly important . Medical staff look after HIV patients, should uphold the obligation of confidentiality to safeguard the interests of the patients , or should they violate the obligation of confidentiality so that it could avoid third party being affected? Or should medical units collect medical information of HIV patients in order to take into account of the public interest? Although there are no partner notification laws in our country, but it is clear that the HIV patient's own obligation to inform their spouses or sexual partners, as to whether should the role of medical staff also have to informed the third party? Therefore, in this thesis cited journals and statute, the partner notification of Maryland or Michigan described in the Act clarify that doctors are not necessarily play the roles of informed patients, states imposed duty on doctors also have varying degrees. 　　Whether can mature minors consent to medical care independently? Taiwan society has long-term focused on the controversial discussion. In our country, the regulations did not stipulate perfectly like U.S that discussed every situation, so this thesis also refers to the foreign journals, whether minors can make autonomous consent or not, making a series of discussion.