Florida Chiropractic Laws and Rules (FCLR) Practice Exam

Under what circumstance is a practitioner exempt from civil or criminal liability for disclosing confidential information?

1. If the patient provides written consent

2. If the practitioner acts in good faith regarding a positive HIV test

3. If the disclosure relates to billing procedures

4. If the patient is not a minor

The correct answer is: If the practitioner acts in good faith regarding a positive HIV test

The correct circumstance under which a practitioner is exempt from civil or criminal liability for disclosing confidential information is when the practitioner acts in good faith regarding a positive HIV test. This is based on specific laws that aim to protect the public health while also acknowledging the sensitive nature of HIV status. When a practitioner discloses this information in a manner that complies with the law and is done with good faith intentions, such as informing appropriate parties to prevent further transmission or ensure timely medical treatment, legal protections are granted to the practitioner. In contrast, simply obtaining written consent from a patient does not guarantee exemption from liability if the context of the disclosure is not in alignment with legal requirements. While billing procedures may involve sharing certain information, it does not typically provide the same level of protection regarding confidentiality that pertains to sensitive health information. Additionally, the age of the patient (whether the patient is a minor or not) does not directly influence the exemptions regarding liability for disclosures of confidential information related to HIV or other sensitive data.