Ethical And Legal Issues in Treating HIV Clients 

1. 
Ethical Issues 
The manual describes ethics in part as a moral approach to intellectual issues: 
A true B false 
2. 
Advocates for persons with HIV have fought for years to: 
A maintain confidentiality C both of these 
B promote mandatory reporting D neither of these 
3. 
The ongoing struggle between legislating morality for public good and fighting to retain individual autonomy 
rights is an ethical dilemma exemplified by SEP’s (syringe exchange programs): 
A true B false 
4. 
What reasons are given for ethics issues being rarely covered in orientation sessions or continuing education 
activities with agencies: 
A these issues can be quite personal C both of these 
B there are no right or wrong answers in D neither of these 
many case examples 

5. 
A policy that sets a standard for each new client to receive an intake interview within 24 hours is an example of the 
basic ethical principle of _______________: 
A justice D nonmaleficence 
B autonomy E fidelity 
C beneficence 
6. 
In determining an individual’s ability to decide and act autonomously, a counselor must: 
A establish that the individual is competent C both of these 
B ensure the individual has the necessary D neither of these 
information to make a sound decision in 
an unbiased manner 


7. 
In “doing good” for a client, it is deemed unwise for the clinician to take the client’s viewpoint and cultural context 
into account: 
A true B false 
8. 
Sexual and financial exploitation of a client by a clinician is a blatant violation of which basic ethical principle: 
A justice D nonmaleficence 
B autonomy E fidelity 
C beneficence 
9. 
The example of the client who shows up late and is terminated or transferred by the clinician only because he is the 
third client to show up late that day is a subtle example of a violation of which basic ethical principle: 
A justice D nonmaleficence 
B autonomy E fidelity 
C beneficence 
10. 
Telling the truth and keeping promises is at the core of which basic ethical principle: 
A justice D nonmaleficence 
B autonomy E fidelity 
C beneficence 
11. 
Confidentiality contracts may be breached for: 

A suicidal or homicidal client intentions suicidal or homicidal client intentions C 
the breaking of certain agency rules by the 
client 


B instances of reported child abuse D 
all of the above 

12. 
Every time a clinician takes morally correct action in a “duty-to-treat” situation, they and their agency are legally 
protected: 
A true B false 
13. 
If a client has HIV but has not informed his partner about his HIV status, a counselor could be held liable in a civil 
lawsuit for knowing and not telling the client’s partner: 

A true B 
false 

14. 
It is extremely rare for a legal judgement to be made against a clinician who was following appropriate procedures 
and standards for her profession and institution in which she worked: 
A true B false 
15. 
Which is true for dual relationships where a provider may have had contact with a client in a social or sexual 
context as well as in a professional role: 
A clinician should not assume a professional B clinician should take advantage of the dual 
role with that client if possible 
relationship and insist upon serving as 
counselor for that individual 


16. 
Which is not a step for working through ethical issues as outlined by NASW’s Ethical Issues training manual: 
A identify clinical, legal, system, cultural C list all possible options and examine their 
and ethical issues pros and cons 
B review what principles are at stake with D all of these are outlined steps 


questions such as “Is harm being done by 

or to the client?” 

17. Which are given as additional resources for ethical problem solving: 
A consultation with other providers in the C seek pro bono or reduced rate legal 
community who understand the culture consultation 
and what the clinician does 

B 
consult professional standards or codes of D all are mentioned 
ethics documents for your profession 


18. 
Legal Issues 
Many legal issues have ethical implications: 
A true B false 
19. Which are examples cited where legal questions may arise regarding access to treatment and issues of 
discrimination: 
A a hospital is unwilling to admit a D a business fires a secretary when it 
potentially relapsing client with a history discovers she was once treated for 
of drug or alcohol use alcoholism 
B a long term care facility is reluctant to E all examples above are mentioned 
accommodate a methadone-maintained 
client 

C 
a school refuses to hire an HIV positive 
teacher 


20. 
An alcohol abuser whose drinking results in assaultive episodes that endanger elderly residents at a long-term care 
facility qualifies as an example of a condition under which the facility can legally exclude that individual: 

A 
true B false 

21. 
Which examples listed below correctly state the protocol service providers may follow with respect to current 
illegal drug users: 
A a hospital specializing in treating burns C both of these 
could refuse to treat a burn victim because 
he uses illegal drugs 
B a homeless shelter could refuse to admit D neither of these 
an abuser of illegal drugs 


22. 
In 1998, the Supreme Court held that asymptomatic HIV is a “disability” under the ADA (Americans with 
Disabilities Act): 
A true B false 
23. 
What conditions must exist to protect individuals living with HIV/Aids from discrimination according to the 
Bragdon vs. Abbott decision: 
A the individual must be “qualified” for C both of these 
service 
B the individual must not pose a “direct D neither of these 
threat” to the health or safety of others 


24. 
In cases where a public accommodation could argue that an HIV-positive individual poses a direct threat, it would 
also have to show that the threat could not be eliminated by a modification of policies, practices, or procedures, or 
by the provision of auxiliary aids or services: 
A true B false 
25. 
The 2 Federal Acts would not protect an alcoholic secretary who binges on weekends but reports to work sober and 
performs her job safely and efficiently: 
A true B false 
26. With respect to alcohol, the ADA permits employers to: 
A prohibit alcohol use in the workplace C require employees who abuse alcohol to 
maintain the same qualifications for 
employment, job performance and 
behavior that it requires of other 
employees 

B 
require all employees to be free from the D all of these 
influence of alcohol at work 


27. 
With respect to illegal drugs, the ADA permits employers to: 
A administer drug testing C require its employees to be free from 
illegal drug influence at work 
B prohibit use of illegal drugs at work D all of these 


28. 
The Drug-Free Workplace Act requires employers to establish an ongoing substance-free awareness program for 
its employees: 
A true B false 
29. 
Current abusers of drugs have no protection against discrimination in employment, even if they are “qualified” and 
do not pose a “direct threat”: 
A true B false 

30. 
Where can one find a useful “Q & A” about the ADA’s protections for persons living with HIV/Aids: 

A the back of this TIP manual C all employers have a copthe back of this TIP manual C all employers have a copy 
B Civil Rights Division of the U.S. Dept. of D all of these 
Justice web site given in the manual 


31. 
For employment discrimination complaints, which avenues offer the advantage of being inexpensive and not 
requiring an attorney: 
A EEOC (equal employment opportunity C State Attorney General 
commission) 
B US Dept. of Justice D all of the above 


32. 
With respect to confidentiality of information about clients, Federal law applies throughout the country and 
preempts less restrictive State laws: 
A true B false 
33. 
With respect to the Federal Government, which item below must be contained in a proper consent form for the 
release of confidential information: 
A signature of the client D statement that the client may revoke the 
consent at any time, except what has 

already been acted on 
B purpose or need for disclosure E all of the above 
C how much and what kind of information 


will be disclosed 

34. 
One strategy for releasing only information about substance abuse but not information about HIV/AIDS is: 
A a narrowly drafted consent form C both are mentioned 
B program-maintained filing systems that D neither is mentioned 
isolate the 2 different issues 

35. 
Which is not a method complying with state laws mandating the reporting of TB and HIV/AIDS cases if client 
identifying information must be reported: 
A obtain client consent D report under the audit and evaluation 
exception 
B use a code rather than the client’s name (if E all methods are mentioned 
state law permits) 
C report through a QSOA (qualified service 
organization agreement) 


36. 
Suppose an HIV-infected client tells his counselor that he has had unprotected sex or shared syringes with 
someone. How can programs notify the Public Health Dept. without violating confidentiality: 
A sign a QSOA with the Public Health D obtain a court order after consulting state 
Depts. law 
B obtain direct client consent E all are mentioned 
C notify the Public Health Dept. in a way 


that does not identify the client as a 
substance abuser 


37. 
HMOs or MCOs can review client records or request information about treatment at any time: 
A true B false 
38. 
Federal regulations do not apply to any disclosure of information that would identify a deceased client as a 
substance abuser: 
A true B false 

39. 
Medical emergency exceptions permit only disclosure to medical personnel: 
A true B false 
40. Which is not an additional rule regarding confidentiality given at the end of the segment: 
A Federal confidentiality regulations require C Federal regulations require programs to 
programs to notify clients of their right to keep written records in a secure room 
confidentiality 

B 
programs can never decide when to permit D all are mentioned 
clients to view or obtain copies of their 
records 


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