1. Kentucky laws on reporting and controlling TB
Kentucky statutes regarding tuberculosis
215.540 Recalcitrant tuberculosis patient control. KRS 215.540 to 215.580 may be referred to as the “Kentucky Recalcitrant Tuberculosis Patient Control Law.” The General Assembly hereby recognizes and declares that persons with active tuberculosis have a legal duty and responsibility to the public to take reasonable precautions to prevent the spread of the disease. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 4, effective July 15, 1996. — Created 1970 Ky. Acts ch. 133,
215.550 Responsibilities of persons diagnosed with active tuberculosis. (1) A person diagnosed with active tuberculosis which can be communicated from person to person shall have a legal responsibility to take reasonable precautions to prevent the transmission of the infection to others. (2) No person diagnosed as having active tuberculosis for which further examination or treatment is determined to be necessary shall, when informed of the need for examination or treatment, refuse to submit to the examination or treatment upon the reasonable request of the cabinet or a local health department. (3) A person diagnosed with active tuberculosis shall take all precautions, as prescribed by the cabinet or a local health department, for the prevention of transmission of that infection. The precautions shall be the least restrictive to the person which are possible without sacrificing the efficacy of protection. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 5, effective July 15, 1996. — Amended 1974 Ky. Acts ch.
215.560 Affidavit of failure to comply — Administrative and judicial action. (1) Whenever a person has reasonable cause to suspect that an individual with active tuberculosis has knowingly failed to comply with the provisions of KRS 215.520 to 215.600, the person may file an affidavit with the local health department serving the jurisdiction where the individual resides or where the alleged violation occurred. The affiant shall state the details of the violation as completely and accurately as possible and the local health department shall, with the assistance of the cabinet, if necessary, conduct an appropriate investigation and, if indicated, shall order the violator in writing to submit to the needed precautions, including quarantine, in order to isolate and restrict activities, examination, or treatment. If the local health department determines in the course of providing services that a violation has occurred, it may issue an order regardless of the presence of an affidavit. (2) If a person refuses to comply with an order of a local health department pursuant to subsection (1) of this section, the health department shall, if the public health need for intervention still exists, file a verified petition for relief with the District Court in the county of its principal office. The health department shall include all pertinent details in its petition. The defendant shall have the right to be represented by counsel and the case shall be handled in the same manner as a civil case in every other regard. If the court finds from a preponderance of the evidence or upon admission by the defendant that the defendant is in violation of provisions in KRS 215.520 to 215.600, the court shall enter an order that the appropriate precautions, examinations, or treatment be carried out. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 6, effective July 15, 1996. — Amended 1980 Ky. Acts ch. 188, sec. 210, effective July 15, 1980. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 205, effective January 2, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). — Created 1970 Ky. Acts ch. 133, sec. 7.
215.570 Violation of court order — Penalties. (1) If the court, subsequent to an order of the court as described in KRS 215.560(2), finds a person in violation of that order, the defendant shall be guilty of a misdemeanor and shall be subject to the penalties set forth in subsection (2) of this section. If, however, a course of treatment for active tuberculosis in an inpatient facility or less restrictive treatment alternative is available and is recommended by the cabinet, the court may prescribe a course of treatment in lieu of penalties, and place the defendant on probation. Failure to enter the facility as prescribed, departure from the facility against medical advice, or failure to adhere to a less restrictive treatment alternative shall be grounds for immediate revocation of probation. (2) A person who is found to be in violation of an order issued by the court under KRS 215.560(2) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or shall be imprisoned for not less than six (6) nor more than twelve (12) months, or both. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 7, effective July 15, 1996. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec
215.590 Responsibility to report active tuberculosis cases and results of drug susceptibility tests on tubercle bacilli. (1) A health service or health facility required to be licensed pursuant to KRS Chapter 216B or KRS Chapter 333, a health provider required to be licensed pursuant to KRS Chapters 311, 312, 313, 314, 315, or 320, or any other person who has knowledge of a person who has active tuberculosis, shall report the case to the local health department in accordance with the administrative regulations of the Cabinet for Health and Family Services promulgated pursuant to KRS Chapter 13A. (2) Physicians, hospitals, laboratories, or other institutions which perform related drug susceptibility tests on tubercle bacilli shall report the results of the testing to the local health department in accordance with the administrative regulations of the Cabinet for Health and Family Services promulgated pursuant to KRS Chapter 13A. All reports of drug-resistant tubercle bacilli shall be made regardless of previous reports. (3) No legal action shall lie against any physician, hospital employee, laboratory employee, or other person who, in good faith, reports a case of tuberculosis or the isolation of the tubercle bacillus as provided in this section, KRS 215.511, 215.520, 215.531, 215.540, 215.550, 215.560, 215.570, 215.580, and 215.600. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 472, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 426, sec. 417, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 33, sec. 9, effective July 15, 1996. –Amended 1980 Ky. Acts ch. 188, sec. 212, effective July 15, 1980. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). — Created 1970 Ky. Acts ch. 133, sec. 10.
2. Do we really arrest people for having TB?
3.Kentucky laws on reporting and controlling HIV. Before reading the statues read the first link which details the fascinating history of what was known and thought about the disease before 1986.
Kentucky statutes regarding HIV
214.995 Penalties for disclosure of HIV test results or identity of person upon whom test is performed — Exceptions. (1) A person who discloses, intentionally in violation of KRS 214.181(5)(d) or 214.625(5)(c), the identity of a person upon whom has been conducted a test to detect human immunodeficiency virus infection shall be guilty of a Class A misdemeanor. (2) A person who intentionally releases any name or other identifying information in violation of KRS 215.645(3)(j) shall be guilty of a Class A misdemeanor. Effective: July 13, 2004
311.282 Disclosure or failure to disclose confidential information under specified circumstances not to create civil or criminal liability. (1) A physician licensed pursuant to KRS Chapter 311 shall not be civilly or criminally liable for the disclosure of otherwise confidential information under the following circumstances: (a) If a patient of the physician has tested positive for human immunodeficiency virus discloses to the physician the identity of a spouse or sexual partner with whom the patient has cohabitated for more than one (1) year; and (b) The physician recommends the patient notify the spouse or sexual partner of the positive test and refrain from engaging in sexual activity in a manner likely to transmit the virus and the patient refuses; (c) If, pursuant to a perceived civil duty or the ethical guidelines of the profession, the physician reasonably and in good faith advises the spouse of the patient or sexual partner with whom the patient has cohabitated for more than one (1) year of the positive test and facts concerning the transmission of the virus; and (d) The physician reports information about HIV status to the Cabinet for Health and Family Services pursuant to administrative regulations promulgated by the cabinet. (2) Notwithstanding the foregoing, a physician licensed pursuant to KRS Chapter 311 shall not be civilly or criminally liable for failure to disclose information relating to a positive test result for human immunodeficiency virus of a patient to a spouse. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99,
Query: How do you feel about Ebola? What lies ahead for rules regarding Zitka?
Assignment for lesson two
Do either assignment A or Assignment B
Physicians diagnosing a patient with HIV and physicians diagnosing a patient with TB must report to the state the name of the patient and other identifying information. After that the laws begin to look different.
1. Compare and contrast the way we approach these two communicable diseases
2. Why have we treated these two diseases differently?
The pathology of some diseases is not fully understood at the time they appear as a public health issue, this was the case with HIV and many would argue has been the case with the response to the Ebola disease arriving on the shores of the United States in the fall of 2014. Assume that a new heretofore unkown disease was discovered six months ago in the jungles of South America. Further assume that since the discovery of the disease 80% of the people infected have died. Thus far in South America the death toll is approximately 600 people. The disease has not been reported outside of the jungle. It is unclear how the disease is transmitted between humans, but the early evidence strongly suggests that the disease can spread from one human to another. Among the symptoms is a persistent cough.
An American nurse who has been on the ground in South America treating those with the disease has come down with the disease and wants to return to the Bowling Green to be with her family and her husband. You should assume that no rules exist covering how this particular disease should be dealt with. The governor asks you to write emergency rules to deal with the arrival of the nurse. Would your rules require she be quarantined? If yes why and under what kinds of restrictions? If not, why not? What other rules or restrictions would you create to deal with this issue. You should presume the nurse will be arriving in 48 hours and presume that in that period of time medical science will not have any additional evidence about how the disease passes from person to person.