Legal and Ethical implications of HIV and Duty to Warn For Counselors: Does Tarasoff Apply?

The Tarasoff decision has been used as a benchmark in the professional literature for arguments on a counselor's duty to warn individuals who are sexually intimate with a client diagnosed as having HIV infection. Implications of the current application of Tarasoff principles to those cases are considered and conclusions are drawn that question such an application. The counseling profession's ethical standards related to these issues and the professional literature are reviewed with regard to current legislative and case law. Potential alternate courses of action that would be indicated by a broad application of Tarasoff are presented. 1995 American Counseling Association