NCJ Number
116089
Journal
Saint Louis University Law Journal Volume: 32 Issue: 4 Dated: (Summer 1988) Pages: 1145-1169
Date Published
1988
Length
25 pages
Annotation
This article examines tuberculosis codes in 20 States that have complete code chapters and considers whether such laws are applicable to the AIDS epidemic.
Abstract
The statutes within the chapters address six elements: definitions of tuberculosis and persons who must comply with the chapter, testing, reporting, coercive measures, financial assistance, and public education. An important difference between tuberculosis and AIDS is that AIDS, unlike tuberculosis, cannot be transmitted casually. The more coercive elements of the tuberculosis statutes would not, therefore, be applicable to AIDS, such as required testing, reporting, isolation, and quarantine. Many of the less coercive elements of the tuberculosis chapters, however, would not unduly burden constitutional guarantees and would help slow the spread of AIDS. Legislation aimed at informing the public about how to protect itself from the AIDS virus would be an appropriate model. Because of public ignorance about AIDS, AIDS chapters should define the illness that causes a person to come under State regulation. Legislators must decide whether they want to regulate only those with full-blown AIDS or all those who test positive for the viral infection. Legislators should also develop a financial plan to address the enormous health care costs for AIDS patients. Legislators must be careful not to fuel nor cater to public hysteria. Legislation must accurately reflect current medical knowledge about the nature and transmission of the disease. 179 footnotes.