SB 810 - This act modifies current provisions relating to tuberculosis ("TB") treatment, prevention and commitment by granting more authority to the Department of Health and Senior Services and local public health authorities. Definitions for "directly-observed therapy", "facility", "immediate threat", "isolation", and "targeted testing program" are included. A modified definition for "local public health authority" is included as well. Current law requires a person found to have TB to obtain the required treatment, minimize the risk of infection and allow for a TB patient to be committed under certain circumstances. This act specifies that local public health authorities may institute proceedings to petition for directly observed therapy or commitment of the person with TB. The Department of Health and Senior Services is authorized to contract for the care of any TB patient. These contracts shall provide that state payment shall be available for the treatment and care of such patients only after benefits from all third party payers have been exhausted. It shall be a Class D felony for any individual knowingly infected with active pulmonary or laryngeal TB to expose another person without that person's consent or report to work with active contagious TB and without following the prescribed treatment or by violating the requirements of a commitment order. If a victim contracts TB, it shall be a Class C felony. In performance of the duty to prevent or control TB, the local public health authority or the department, at reasonable times and within reasonable limits, may enter and inspect a public place, any public or commercial means of transportation, or private property and premises to locate and inspect persons who may have active TB. The act specifies the manner in which the inspections shall occur and whether a petition from the circuit court must be granted prior to inspection. All employees and volunteers of a health care facility shall be tested for TB upon employment as recommended by the most recent federal guidelines from the Centers for Disease Control and Prevention. All college or university campuses in this state may implement a TB screening and targeted testing program for all on-campus students upon matriculation. Any entering student of a college or university in this state who does not comply with the TB screening and targeted testing program may not be permitted to maintain enrollment in the subsequent semester. This act is substantially similar to HB 1471 (2012) and to provisions in HCS #2/HB 1490 (2012). ADRIANE CROUSE
|