Public Health Ethics Legal Analysis - 1758 Words

Brian Dominguez GPH – 704 Public Health Ethics – Legal Analysis (Patient w/Tuberculosis) Introduction: In the fall of 2005, a homeless man from another state arrived in Maine who has been incompletely treated for tuberculosis (TB). He had several incarcerations within the next year and exposed the disease to other inmates. In addition, he exposed the disease to people at the homeless shelter; more than 100 persons were exposed between the shelter and county jail and transmission to 6 homeless men was manifested. Maine public health officials work with him to educate him on TB and how they will administer the necessary treatment in a comfortable/secure environment. The patient did not want to receive the treatment; however public†¦show more content†¦Chapter 250, Section 810 explains that the health department can detain a subject by showing convincing evidence to the District Court that he or she is a public health threat: â€Å"Upon the department s submission of an affidavit showing by clear and convincing evidence that the person or property which is the subject of the petition requires immediate custody in order to avoid a clear and immediate public health threat, a judge of the District Court or justice of the Superior Court may grant temporary custody of the subject of the petition to the department and may order specific emergency care, treatment or evaluation.†1 In addition, Chapter 250, Section 812 of the Maine statues states that, â€Å"If, based upon clear and convincing evidence, the court finds that a public health threat exists, the court shall issue the requested order for treatment or such other order as may direct the least restrictive measures necessary to effectively protect the public health.†2 If the health department deems it is necessary to continue treatment for an individual that is an immediate public health threat, Chapter 250, Section 813 will allow them to petition to the District Court to continue further treatment for the subject. If the court finds that a public health threat would continue in the absence of a public health measure, they will consider the treatment necessary; provided that no treatment order exceeds 180 days without further