Case 16This case presents a very delicate situation which raises numerous legal and ethical questions. Do you tell your brother that his partner is HIV positive? I would tell my brother, but how and when may vary depending on the circumstances. From a professional ethical perspective, it would be unethical to disclose a patient's HIV status without their consent. This would violate the patient's right to confidentiality, as it is up to the patient to choose with whom information can be shared (Beemsterboer, 2010, p. 50). It could also be argued that this is a violation of the principle of non-maleficence. By providing the patient's HIV status to people not bound by HIPAA, you put the patient at risk of discrimination. This could cause mental anguish or psychological problems, therefore essentially causing harm to the patient. The most popular application of non-maleficence is: “No harm should be inflicted” (Beemsterboer, 2010, p. 42). This would trump the ethical argument that you also avoid harming your brother, another less important application of nonmaleficence (Beemsterboer, 2010, p. 42). There is a professional ethical principle which, in my opinion, is applied. This is the principle of paternalism, which states that health care providers should do what they believe is best for the patient based on their abilities and judgment (Beemsterboer, 2010, p. 47). If the patient had a sexual relationship with her brother and did not inform him of her HIV status, she can be arrested for reckless endangerment, according to Pennsylvania law. A case in which an HIV-positive person did not disclose their HIV status to their sexual partner has been brought to the Superior Court of Pennsylvania. According to Pennsylvania law, "Disclosure of HIV status is a defense against...... middle of paper ......w in Dental Hygiene (pp. 39-53). St. Louis, MO: Saunders Elsevier. Commonwealth of Pennsylvania State Board of Dentistry. (2012, September). Section 4.1 Reason for refusal, revocation or suspension of license or certificate. In the Dental Law Act of May 1, 1993, PL 216, No. 76 Cl. 63. Harrisburg, PA, USA: Pennsylvania Department of State. Hanson, J.R. (n.d.). Fraud or confusion? RDH Magazine, 19(4). Retrieved 315/2014 from http://www.rdhmag.com/articles/print/volume-19/issue-4/feature/fraud-or-confusion.htmlSmith, A. (2013). How NOT to commit dental insurance fraud! Excerpted from Amy Smith Consulting LL. : http://www.amysmith.biz/tip-of-the-month/2013/6/25/how-not-to-commit-dental-insurance-fraud.htmlViolations of Public Policy. (2007). Extract from Wrongful Termination: http://www.wrongfultermination.com/index.php?option=com_content&task=view&id=66