My personal opinion is we should get the consent from the with good explanation why we should make aware the partners. You as the therapist should not approach the partners at once.

I found some information in this web link

http://nationalpsychologist.com/2009/03/tarasoff-%E2%80%9Cduty-to-warn%E2%80%9D-clarified/101056.html.

Just my opinion, and I am not a counselor: if the partners ever sleep with the clients, then yes, break confidentiality to protect the health of the counselors. Otherwise, HIV-risking behavior is the private concern of the client and anyone who sleeps with, shares needles with, or will use blood donated by the client. Confidentiality provides a friendly atmosphere for clients to share their concerns, and is the cornerstone of counseling. The group practice should consult a specializing lawyer about the legal implications, if it feels there are any.

The answer of this question is applicable according to the awareness level of the community and whether the society stigmatized the people suffering from HIV/ AIDS.Exchanging of information regarding HIV case is now told when most of the PLHIV seeking Anti Retro viral Therapy from ART clinic. ICTC, Targetted Interventions for High risk group also play to cut the stigmatization of HIV/ AIDS among the general population also.No doubt counselor should be trustworthy and he/she should maintain the confidentiality. But more important is to prevent the spread of disease, hence disclosure should be necessary. But it depends on the policy of every country.

In the UK one can be prosecuted as it is a criminal offence.. This was copied and pasted.

"The laws used to prosecute criminal HIV transmission developed from existing assault laws – recklessly or intentionally inflicting grievous bodily harm in England and Wales and reckless endangerment and reckless or intentional injury in Scotland. The law in Northern Ireland is similar to that in England and Wales but there have been no prosecutions so far" 

Counsellors have a duty of care to protect the client and others from harm. Whilst it would not be appropriate to inform the clients partners perhaps it would be possible to inform the police. This may raise some eyebrows but ultimately if a client informed the counsellor s/he was going to stab a partner would they maintain confidentiality.,,one would hope not! Therefore knowing you have aids and wilfully having unprotected sex without informing the person is a criminal offence and the counsellor would be neglecting their duty if maintaining confidentiality.

There are ethical dilemmas, both theoretical and practical, surrounding several kinds of revelations that can arise when one chooses to work as a counselor, a doctor, or a similar profession. There is no simple answer to an ethical dilemma--that is exactly why it is called a dilemma. Great caution should be used when recommending simple solutions to ethical dilemmas to others, even when that advice is limited to a particular situation or locale.

My understanding is, if breech in confidentiality in cases when the clients create a danger to themselves or somebody is stated in your informed consent form, you can get the police involved to stop the client and cooperate with them on informing the partners safely and confidentially without consulting the client first (=Kitchener's principle of nonmaleficence). Look at your state's regulation on what is reportable, to make sure the police or social services actually know how to cooperate with you. If you do not cover harm to self or others in your consent form, I would consider calling a special meeting with the client and working out a plan of informing the partners (=principle of autonomy); you might not even be able to trace all the partners, stating that they have to be informed anyway, but you want to protect the client from possible repercussions from the partners as much as possible. You do not want your client shot for being a carrier, but you do not want dozen people die of AIDS either.

Look here: http://www.counseling.org/docs/default-document-library/university-of-central-florida--masters.pdf?sfvrsn=2

It depends upon the law on disclosure in your state.  California does not permit such disclosure, but this situation poses a dilemma for the therapist that is at the intersection of law and ethics.  If the therapist chooses to disclose to protect others, they may risk legal sanction but may also be supported by appealing to a higher standard.

This is a very sensitive issue.  In the first session in which a counselor meets with a client, the limits of confidentiality must be spelled out. These concerns would include all legal and possible duty bound requirements of the profesion

It would be highly advisable for the counselor to have an open discussion with the importance of the client being aware of the the consequences of  potential harm behaviors to include possible prosecution.  It is very important for the counselor to document the session and identify the assessment process and the reason why confidentiality was broken or kept.

In must jurisdictions it is going to be left to the counselor to make the decision. It would be best to seek guidance from governing license authorities, supervisors, legal counsel, and professional organizations.  Most professional organizations provide a place to call or email ethics questions such as these.  

 In my understanding via the various U.S. organizations: NAADAC  (Addictions) and the NASW  (Social Work) the ethics and requirements of confidentiality are very strong.  Only if there is imminent danger of death to an identified person(s) would the Tarasoff  decsion be a basis for breaking confidentiality. 

• As retrieved from http://projects.propublica.org/tables/penalties

New Jersey e N.J. Stat. Ann. § 2C: 34-5

Crime of the Third Degree

A person is guilty of a crime of the third degree if, knowing that he or she is infected with HIV, he or she commits an act of sexual penetration without the informed consent of the other person.

New Jersey's focus is on prevention and on treatment for those who test positive. Early detection is key to getting into treatment, managing HIV and having the best quality of life. There are highly effective treatments available which can dramatically improve longevity and quality of life for those living with HIV. I encourage everyone to get tested and learn their status .More than 140 rapid HIV test sites are available around New Jersey. Approximately 100,000 HIV tests were performed at these sites last year. Testing sites include community-based organizations, hospitals, health departments, federally qualified health centers and other health facilities that make getting tested easy and convenient. The U.S. Centers for Disease Control and Prevention recommends that all health care providers offer HIV testing to patients between the ages of 13 and 64 as part of routine medical care.

Donna Leusner

Director of Communications

New Jersey Department of Health