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TB Management and Control Laws

Connecticut State Public Health Laws set out the authority and responsibilities of Local Health Departments and Districts (LHDs) for tuberculosis control and management.

 

C.G.S. 19a, Chapters 368a-ll, Secs. 19a-1 to 19a-911: Public Health and Well-Being

Link to full text of the State of Connecticut Public Health Law, Title 19a: Public Health and Well-Being.

 

C.G.S. 19a, Chapter 368e, Secs. 19a-200 to 19a-239: Municipal Health Authorities

Link to full text of State of Connecticut Public Health Law, Municipal Health Authorities section, Title 19a, Chapter 368e.

 

Excerpts regarding: 1) Enforcement of Public Health Code, and 2) Essential public health services included in an LHD’s basic health program.

  • C.G.S. Chapter 368e, Sec. 19a-207. Duties of local health officials. Emergencies. Regulations.
    “The local director of health or his authorized agent or the board of health shall enforce or assist in the enforcement of the Public Health Code and such regulations as may be adopted by the Commissioner of Public Health.”

  • C.G.S. Chapter 368e, Sec. 19a-207a. Basic Health Program.
    “Each district department of health and municipal health department shall ensure the provision of a basic health program that includes, but is not limited to, the following services for each community served by the district department of health and municipal health department: (1) Monitoring of health status to identify and solve community health problems; (2) investigating and diagnosing health problems and health hazards in the community; (3) informing, educating and empowering persons in the community concerning health issues; (4) mobilizing community partnerships and action to identify and solve health problems for persons in the community; (5) developing policies and plans that support individual and community health efforts; (6) enforcing laws and regulations that protect health and ensure safety; (7) connecting persons in the community to needed health care services when appropriate; (8) assuring a competent public health and personal care workforce; (9) evaluating effectiveness, accessibility and quality of personal and population-based health services; and (10) researching to find innovative solutions to health problems.”

Excerpts regarding: 1) Mandatory reporting to LHD of reportable diseases, and 2) LHD communications with reporting health care provider and with patient.

  • C.G.S. Chapter 368e, Secs. 19a-215b. Commissioner’s Lists of Reportable Diseases (…).
    “A health care provider shall report each case of any disease on the commissioner’s list of reportable diseases to The Department of Public Health and to the director of health of the town, city, or borough in which such case resides, no later than twelve hours after such provider’s recognition of the disease…”
  • C.G.S. Chapter 368e, Secs. 19a-215d. Commissioner’s Lists of Reportable Diseases (…).
    “When a local director of health, the local director’s authorized agent, or the Department of Public Health receives [such a report], they may contact first the reporting health care provider, and then the person [case] to obtain such information as may be necessary to lead to the effective control of further spread of such disease.”

C.G.S. 19a, Chapter 368g, Secs. 19a-250 to 19a-268. Lung Disease, Tuberculosis, Chronic Illness and Breast and Cervical Cancer

Link to full text of State of Connecticut Public Health Law, Lung Disease, Tuberculosis, Chronic Illness and Breast and Cervical Cancer section, Title 19a, Chapter 368g.

 

C.G.S. Chapter 386g, Sec. 19a-265. Tuberculosis control. Emergency commitment

Link to full text of State of Connecticut Public Health Law, Tuberculosis control. Emergency commitment (i.e., Tuberculosis Quarantine Laws).


Summary
taken from booklet, “Connecticut’s Tuberculosis Control Law: A manual for local health directors and health-care providers” (1999). This booklet was produced to inform LHDs and health care providers of the 1995 Connecticut Tuberculosis Control Law, with particular reference to the LHD’s authority for protecting the public health of communities—including the authority for final approval of TB patient discharge and treatment plans—and for individual civil liberties.    

“PURPOSE:

  • Helps ensure that people with potentially infectious TB are made noninfectious as quickly as possible.
  • Helps ensure that people with TB complete their prescribed medical regimen.
  • Prevents the emergence and spread of multi-drug resistant TB (MDR-TB).
  • Helps ensure that people who need help to comply with their TB treatment get assistance.

PRIMARY AUTHORITY:

The TB Control Law requires the local health director in the town in which the patient resides to work with the attending physician and the patient to develop and approve:

  • A hospital discharge plan, if the patient has been hospitalized.
  • An outpatient treatment plan.

PROGRESSIVE STEPS:
To be completed by the local health director in collaboration with the state TB control program, the primary physician for the patient, and the patient. Steps must occur in this order. Each step has procedural requirements, with a time frame.

  • Issue a warning for examination.
  • Issue a warning for treatment.
  • Issue a warning for DOT (Directly Observed Therapy).
  • Issue an emergency commitment order for those who do not comply with the above steps.
  • Petition the probate court for a judicial commitment order until therapy is complete.

ASSURANCES FOR THE PERSON WITH TB:

  • A person will not be forced to swallow medications.
  • All warnings and orders will be in a language that the patient can understand.
  • A person subject to a probate court order has the right to appeal to superior court.
  • Any action (for example, a warning for treatment, examination, or DOT) will be supported by proper documentation.
  • All orders, applications and petitions of local health directors shall be kept confidential.
  • A person who cannot afford legal counsel will have it provided for him/her.” 

Public Act No. 95-138. AN ACT CONCERNING TUBERCULOSIS-SPECIFIC CONTROL MEASURES (PA 95-138-sHB 6982)