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I have a question with respect to my rights of disclosure…

Customer Question
Hello I have a...

Hello I have a question with respect to my rights of disclosure after testing positive for HIV

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

Yes the health department has my records and pushing me to disclose to my wife

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a foreigner in the US on a work assignment and we don’t have family here

Submitted: 6 months ago.Category: Legal
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Answered in 4 minutes by:
1/4/2018
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,876
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

You have a right to not disclose, but under MN law the health department has a right to disclose to persons who may be in danger or at risk of infection. So what that means is that if you do not voluntarily disclose to your spouse, because she is in danger or risk of infection, they could notify her that you have tested positive and legally they would be protected in doing so.

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Customer reply replied 6 months ago
Thank you . Is there any way that I can stop this. Reason being is that I have recently relocated to MN and have no family or friends here as a support to my wife should I disclose . I fear her reaction . I have discussed options with the health dept to have my wife get tested without disclosing my status
Customer reply replied 6 months ago
I meant to say I fear her reaction may be extreme like possible suicide risk
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

Unfortunately, even if she is tested that does not mean she is not at risk from you as your partner. So, legally you could not stop it and if you engage in any sexual contact with her without disclosure you could actually be charged with a felony if she contracts HIV.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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