Health Care Legislation and Regulations Regarding Infections Diseases - Research Paper Example

Health Care Legislation and Regulations Regarding Infections Diseases Abstract Given a case scenario regarding Tim, a 23-year-old man who works as a night shift manager in a busy downtown restaurant, who was afflicted with small pox, the following questions would hereby be evaluated and addressed: (1) since this is a suspected act of bioterrorism, does the CDC have the right to force people to get the vaccine? Why or why not? Can someone legally refuse the vaccine? (2) Discuss whether Tim’s identity should be disclosed to alert any persons who may have had contact with him? What measures should the CDC take to protect his confidentiality? (3) Discuss whether or not persons can be placed in quarantine without their consent. (4) As with any vaccine, there are serious risks involved with the smallpox vaccine. Discuss the legal responsibility the CDC has to inform the public of these risks. (5) Determine your own state laws regarding the mandatory reporting of infectious diseases. Which agency (or agencies) is this information reported to? (6) Identify what diseases must be reported in your state. What individuals are required to report infectious diseases? And (7) discuss your views on mandatory reporting of infectious diseases. (1) Since this is a suspected act of bioterrorism, does the CDC have the right to force people to get the vaccine? Why or why not? Can someone legally refuse the vaccine? According to the Center for Disease Control and Prevention (2009), “no one will be forced to be vaccinated, even if they have been exposed to smallpox. Because smallpox was wiped out many years ago, a case of smallpox today would be the result of an intentional act. A single confirmed case of smallpox would be considered an emergency.” In this regard, a person who could be potentially infected with smallpox would be better off with the vaccination. However, he could refuse the vaccine if he opts to as confirmed by CDC under their provisions on “How Public Health Officials will respond to a Smallpox Outbreak”. (CDC 2009) In this regard, the CDC has outlined measures to put anyone who refused to be vaccinated in isolation for at least 18 days. Further, “people placed in isolation will not be able to go to work. Steps will be taken to care for their everyday needs (e.g., food and other needs).” (CDC 2009) (2) Discuss whether Tim’s identity should be disclosed to alert any persons who may have had contact with him? What measures should the CDC take to protect his confidentiality? Tim’s identity should be protected under the privacy law and should not be disclosed without his consent. The National Center for Health Statistics (NCHS) adheres to protecting the privacy of respondents, like Tim, to wit: “Federal law, recently upheld by the Fifth Circuit Court of Appeals**, prohibits NCHS from releasing personal information to anyone without consent -- no matter who they are and no matter how carefully they say they will take care of the information.” (NCHS 2008) (3) Discuss whether or not persons can be placed in quarantine without their consent. Under the CDC’s quarantine authority through Executive Order 13295, “the Centers for Disease Control and Prevention (CDC) are empowered to detain, medically examine, or conditionally release individuals reasonably believed to be carrying a communicable disease. Most of this use was on a voluntary basis and affected small numbers of persons. CDC occasionally detains incoming conveyances temporarily and interviews passengers for health reasons. Breaking a federal quarantine order is punishable by fines and imprisonment.” (CDC 2009) (4) As with any vaccine, there are serious risks involved with the smallpox vaccine. Discuss the legal responsibility the CDC has to inform the public of these risks. According to CDC, “a vaccine, like any medicine, can cause serious problems, such as severe allergic reactions. The risk of smallpox vaccine causing serious harm, or death, is very small.” (CDC 2009) Generally, the CDC through the Smallpox Vaccine: What You Need to Know site in the internet outlines all the needed information about smallpox including risks. There are recommendations for reactions on mild to moderate problems and moderate to severe problems. CDC appropriately informs the public on what measures should be done and the contact numbers for access and immediate information on this matter. (5) Determine your own state laws regarding the mandatory reporting of infectious diseases. Which agency (or agencies) is this information reported to? The Mandatory Reporting of Infectious Diseases by Clinicians (1990) reported that “all states and territories of the United States participate in a national morbidity reporting system and regularly report aggregate or case-specific data for 49 infectious diseases and related conditions to the Centers for Disease Control (CDC) in Atlanta, Ga (3). In some states, authority is enumerated in statutory provisions; in other states, authority to require reporting has been given to state boards of health; still other states require reports both under statutes and under health department regulations. Variation among states also exists among conditions and diseases to be reported, time frames for reporting, agencies receiving reports, persons required to report, and conditions under which reports are required. In many states, including Georgia, local health departments provide epidemiologic services; as a consequence, health care providers in many states are encouraged to report diseases directly to local health departments rather than to the state health department.” Outbreaks or unusual clusters of disease (infectious and noninfectious) must be reported promptly by telephone to the county board of health or to the Department, Division of Public Health. Each county health department shall be responsible for supplying reporting forms, which contain the official list, to the designated reporters. The Board of Human Resources will review any changes of disease which are to be added or removed from the official list of reportable diseases. (Georgia Laws Governing Disease and Injury Reporting) (6) Identify what diseases must be reported in your state. What individuals are required to report infectious diseases? According to Georgia Laws Governing Disease and Injury Reporting (2004), the official list of notifiable diseases would be provided by the Department of Human Resources of the State of Georgia. From among those listed as notifiable diseases in 2007 are: Campylobacteriosis, Chlamydia trachomatis, Cryptosporidiosis, E. coli, Giardiasis, Gonorrhea, Haemophilus influenzae (invasive), Hepatitis A (acute), Hepatitis B (acute), Legionellosis, Lyme Disease, Meningococcal Disease (invasive), Mumps, Pertussis, Rubella, Salmonellosis, Shigellosis, Syphilis - Primary , Syphilis - Secondary , Syphilis - Early Latent , Syphilis – Other, Syphilis – Congenital, and Tuberculosis. (Georgia Epidemiology Report 2008) The persons identified to report such cases are: “every licensed physician to report all cases of notifiable diseases or conditions declared notifiable to the board of health in the county where the report originates or to the Department. Such reports shall also be made by the chief administrative officer, or a designee thereof (thereinafter referred to as reporters), of each hospital, nursing home, clinic, health maintenance organization, university health service, primary health care center, or institution such as a school, day care center, mental health hospital, and detention facility.” (7) Discuss your views on mandatory reporting of infectious diseases. I honestly believe that mandatory reporting should be enforced uniformly in all states of the country. “Reporting of cases of infectious diseases and related conditions has been and remains a vital step in controlling and preventing the spread of communicable disease” (CDC 1990). As such, to prevent confusion and delay in enforcement of necessary measures, irrespective of state legislations, a national legislation and regulations encompassing infectious diseases should be instituted. However, for immediate access to emergency cases, information and relevant data should be provided by the state to all concerned health practitioners and residents. Works Cited Center for Disease Control. (2009). What You Should Know About a Smallpox Outbreak. Retrieved on July 8, 2009 from National Center for Health Statistics (2008). How NCHS Protects Your Privacy. Retrieved on July 8, 2009 from Center for Disease Control. (2009). Questions and Answers on the Executive Order Adding Potentially Pandemic Influenza Viruses to the List of Quarantinable Diseases. Retrieved on July 8, 2009 from Center for Disease Control. (2009). Smallpox Vaccine: What You Need to Know. Retrieved on July 8, 2009 from Center for Disease Control. (2009). What CDC is Doing? Retrieved on July 8, 2009 From < http://www.bt.cdc.gov/cdc/> Center for Disease Control. (1990). Mandatory Reporting of Infectious Diseases by Clinicians. Retrieved on July 8, 2009 from < http://www.cdc.gov/mmwr/preview/mmwrhtml/00001665.htm> Georgia Laws Governing Disease and Injury Reporting. (n.d.) Retrieved on July 9, 2009 from Georgia Epidemiology Report. (2008). Retrieved on July 9, 2009 from Read More