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CONTROLLING THE RESURGENT TUBERCULOSIS EPIDEMIC: A FIFTY-STATE SURVEY OF TB (TUBERCULOSIS) STATUTES AND PROPOSALS FOR REFORM

NCJ Number
145174
Journal
JAMA Volume: 269 Issue: 2 Dated: (January 13, 1993) Pages: 255-261
Author(s)
L O Gostin
Date Published
1993
Length
7 pages
Annotation
This article reports on a 50-State survey of TB (tuberculosis) laws and general communicable-disease statutes.
Abstract
The survey found that TB control is largely governed by antiquated laws that predate modern views of constitutional law and public health powers. All States have mandated police power to control the spread of communicable diseases, including TB. Ten States have enacted or significantly revised public health statutes relevant to TB within the last 7 years. State officials generally have a variety of powers to control the spread of TB. These include medical examination, treatment, emergency detention, commitment to a State facility, isolation, and quarantine. States also impose criminal penalties for violation of a public health order or the intentional or knowing transmission of a communicable disease. This report recommends that TB control focus on policies that promote compliance with State public health policies. Such policies may include incentives, social support, education, counseling, drug treatment, housing and employment programs, and better interpersonal communication. States should consider assigning public health case workers to patients to ensure that they receive the support and services necessary for compliance with treatment plans. Coercion is still necessary, however, for that minority of patients whose behavior endangers public health. 125 references

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