Wondering what my/our responsibility is in this case

[Maevish, ASN, RN]

I realize this should maybe go in the Patient Safety forum, but I need the info in regards to California so I thought this might be ok.

I had a patient in our ICU who was sedated and not doing very well at all (he still isn't, but I'm not there tonight). The docs had a conference with the family who came from the East Coast to see him and told the family that when the pt wakes up (if he does), he's going to have to tell his current gf of about 8 years his diagnosis of HIV/AIDS. His family didn't even know til this last week when the doctor told them.

My question is, I heard that the doctor would give the pt an ultimatum saying that when he "comes out of it" he'll have so long to tell his gf before someone else does. I never spoke with the gf (only actually saw 2 family members), but since the doctor came out and told the family, I guess I don't see why someone couldn't call the gf and tell her. Isn't that part of our "mandated reporting"?

And, since the pt isn't from here, do the California laws apply or the state where he's from (not sure)?

[NickiLaughs, ADN, BSN, RN]

I believe California laws apply since the patient is currently in this state. I am not certain how HIPPA factors in to this. I would definitely get risk management involved. Although it doesn't sound like your battle, it would definitely be helpful for the girlfriend to help in any way you could.