The author gratefully acknowledges the support of her family and her colleagues at the Legal Action Center especially Felix Lopez, Esq. and Robb Cowie for their editorial assistance and support and Catherine Harries, Law Intern. The author also acknowledges the members of the NYC TB Working Group for their collective contributions and wisdom.Google Scholar

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For example, in Florida, cases of AIDS, STD's and TB must be reported to the Department of Health and Rehabilitative Services county public health unit. F.A.C. Rules 10D-3.097(3), (5), 10D-3.105(1) and 10d-3.098(l)(b)(2). Florida authorizes personal restriction, isolation and compulsory outpatient or inpatient treatment of persons with STDs, Fla. Stat. §§ 384.27, 384.28, and partner tracing and contact in reported cases of STD's and AIDS. Fla. Stat. § 384.26. Florida also authorizes compulsory treatment and hospitalization of persons with TB, FAC Rule 10D-3.109.Google Scholar

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Not long ago, a New York City Department of Health task force issued a draft report recommending the adoption of measures to facilitate the widescale detention of “chronically non-compliant TB patients.” New York City Department of Health, Draft Report (Spring 1992). The report asserted that it was necessary to rehabilitate certain TB patients in secure facilities. The task force proposed several possible detention sites, including “secure” drug treatment programs, nursing homes, “secure” TB shelters, and mental health facilities. The report, which was criticized extensively for focusing on containing the victim, not the disease, was retracted, to the city's credit. See also, Mahon, et al., New York City TB Working Group, “Developing a System for TB Prevention and Care in New York City,” (September 1992) [hereinafter TB Working Group].Google Scholar

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