TB Control and the Law
Public health officials in California are re-examining their duties and responsibilities for tuberculosis (TB) control in light of two recent cases regarding the civil detention of a non-compliant TB patient in a county jail. The first case cost the county $1.2
million in settlement funds, and the second resulted in an appeals court decision ordering the county to cease using jail as a civil detention site for persistently nonadherent TB patients. These cases highlight the need for public health professionals to understand the statutory and constitutional limitations on their ability to manage TB patients who are resistant to public health mandates. Public Health Law & Policy has responded to this need by providing a set of reference materials for health officers, their staff, and their attorneys.
Materials
This packet contains a model Civil Order
of Detention for Tuberculosis, along with several related forms.
It is essential to read the Introduction and Overview and to consult
with legal counsel before using the forms. Form fields marked with
a blue underline may be completed online and then printed for signature.
California
Tuberculosis Control Law
This 26-page paper summarizes the legal
underpinnings of communicable disease control, describes California’s
statutory scheme for TB control, and points out some areas of uncertainty
relating to the TB control statute.
Memo on Procedural
Due Process Requirements for Recipients of TB-Control-Related Home Isolation and Work
Exclusion Orders
This memo discusses the due process rights of
patients in the context of TB home isolation and work exclusion orders. It
provides practical suggestions for giving appropriate deference to individual
rights without compromising the fundamental commitment to stop the spread of
communicable disease.
The first two FAQ sheets provide clear
and concise answers to questions that often arise around
civil and criminal commitment. The third fact sheet provides a
point-by-point comparison of the main steps involved in civil
versus criminal detention processes.
Frequently
Asked Questions on Civil Commitment
Frequently
Asked Questions on Criminal Commitment
Frequently
Asked Questions on the Comparison Between Civil and Criminal
Commitment
This one-page document enumerates the
various types of health orders that the TB control
statute allows health officers to issue.
Types
of Health Orders Related to TB Control
These one-page checklists are designed
to make it easy for health officers and their
staff to ensure that they are following the statutory requirements
when they issue health orders and when they civilly detain persistently
nonadherent TB patients.
Checklist
on the Required Contents of Health Orders
Checklist
on the Legal Rights of Civil Detainees
These first three of these one-page
flow charts depict the stepwise procedures that govern civil detention,
release from civil detention, and criminal detention. The final
flow chart provides a visual comparison of the differences between
the civil and criminal detention procedures.
Flow
Chart on Civil Detention
Flow
Chart on Procedures for Release
Flow
Chart on Criminal Detention
Flow
Chart on Comparison of Civil and Criminal
Detention
This three-page paper describes the facts
behind the Fresno litigation involving the civil detention of a
Laotian immigrant in the county jail. It concludes with a few questions
that invite the reader to apply statutory and constitutional principles
to the facts at hand.
Souvannarath
Case Study
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