These FAQ questions are designed to relate to specific situations where a PLWH might be requesting support about the sharing of their status. For a more general overview of the suggested approach to supporting PLWH about sharing, visit the counselling decision making tool.
See 1 and 2, depending on whether the PLWH is virally suppressed.
Explain the extent to which other doctors can access their medical records as well as when they might (medical practitioners won’t tend to access the infectious diseases history unless directly relevant to the patients treatment/care with them). Discuss the serious implications of inappropriate access or sharing of health information to reassure the client.
Sharing someone’s HIV status without their consent can be a breach of privacy and illegal, and the individual living with HIV has the right to file a complaint and get support from HIV legal services/charities such as:
There is no one way to share one’s status. Below are some steps that can be useful:
U=U: If the patient is on effective treatment, their viral load becomes undetectable and they cannot transmit HIV through sex. Need to know their current viral load.
Modes of transmission: Clarify how HIV is transmitted, and that it cannot be transmitted through casual contact (including kissing, hugging, sharing food/drinks/toilet).
Prevention options for partners: Even if the client is virally suppressed, they may still want to consider using condoms or asking their (HIV-negative) partner to use PrEP.
Rights and Boundaries: People living with HIV are not obligated to share their status with sexual partners if they are virally suppressed, and sharing should not mean or result in a loss of privacy or control.
Treatment: HIV is treatable and manageable with medication.
Further support: Advise clients on where they can access further resources and support.
Legal facts: Ensuring the client understands the law around sharing can help them plan when they share (and help them avoid potential legal risks in certain countries – look here to find information on the law in different countries: https://www.unaids.org/sites/default/files/media_asset/01-hiv-human-rights-factsheet-criminalization_en.pdf).
Emotional/preparation tips: Practice judgment-free empathy, while discussing possible fears and reactions. Remind clients that they are in control and that anxiety and fear are normal.
Here are some factors they may want to consider to help them determine when to share:
Legal concerns: Advise consistent condom use if the sex is unprotected until viral suppression is achieved. Discuss the benefits and effectiveness of PrEP use for sexual partners if viral load is still detectable. For Information on UK law on when to share with a sexual partner, visit: https://www.tht.org.uk/hiv/living-well-hiv/legal-issues/how-law-works, or https://www.unaids.org/sites/default/files/media_asset/01-hiv-human-rights-factsheet-criminalization_en.pdf, for information on international law.
See questions 1 and 2 for further information.
Validate their feelings: Discuss the concerns the client has and remind them that they are not alone. Acknowledge the emotional burden and emphasize that their personal worth is not determined by their HIV status.
Build their confidence: Remind them that they do not have to justify themselves or violate their boundaries. Reduce their fear by discussing or role-playing concerns.
Address internalised stigma: The client may need some space to reflect on and question how they feel about living with HIV. It may be helpful to suggest contact with other people with HIV.
Reassure client: There is no universal ‘right-time’ to disclose, the most important thing is the client feels safe, respected and manageable.
Encourage reflection: If the client is not virally suppressed, earlier sharing to sexual partners before sex may be necessary in reducing the risk of HIV-transmission. Goal-setting can also be a useful tool, and encouraging the client to reflect on why (and to whom) they want to share can facilitate timing and planning.
Sharing with close family members: Offer support and reassurance through recognition of their concerns, and encourage reflection on why they would like to share. Planning whether to share (e.g., is the family member likely to be able to manage the information?) and how to share can also help ease anxiety: timing (is the relationship stable? Is the moment private and calm?) language (simple, effective terms) and goals (trust and security) can be explored.
Sharing with professionals: Reframe sharing their status with health professionals as a health decision rather than a personal confession and clarify when it may be useful to disclose (ex., if sharing their status is beneficial to the client’s health and treatment). Reassure clients that health information is confidential.
In the UK, people living with HIV can be prosecuted for either reckless or intentional transmission.
In England and Wales: An individual may be found guilty of transmission if all the statements below apply:
The Offences Against the Person Act 1861 allows individuals to be prosecuted for reckless transmission (under Section 20) and intentional transmission (under Section 18). HIV must have been transmitted for successful prosecution. Therefore, sharing is not legally required in England and Wales if the individual is virally suppressed or had protected sex.
In Scotland: Individuals can be prosecuted regardless of whether HIV was transmitted under the law offence of Culpable and Reckless Conduct. The law focuses on whether the behaviour was ‘reckless’ rather than if HIV was actually transmitted. Since it may be difficult to prove that the behaviour was not reckless, sharing is strongly recommended regardless of condom usage or viral suppression (and is necessary if the individual engages in unprotected sex and/or is not virally suppressed).
Information on UK law: https://www.tht.org.uk/hiv/living-well-hiv/legal-issues/how-law-works
Information on International law: https://www.unaids.org/sites/default/files/media_asset/01-hiv-human-rights-factsheet-criminalization_en.pdf
Some people that clients may consider telling include:
Sexual/Romantic partners: Sharing with these individuals can help build intimacy and trust, and allow them to make informed decisions about their health.
Close family and friends: Sharing with these individuals may allow the client to build an emotional support system.
Healthcare professionals: Clients may want to consider telling other professionals other than their HIV specialist if it results in a more comprehensive treatment.
Mental health & Support workers: Talking to a mental health professional can help clients manage internalised stigma and other negative emotions, as well as guide them through sharing their status.
Deciding where to share is a very personal choice, and different individuals may choose different settings. Some may have preferences such as:
Ultimately, the PLWH should choose a place where they feel safe, comfortable and supported.
Some useful ways to prepare to share include:
The following strategies could be suggested: