Menu of Suggested Provisions For State Tuberculosis Prevention and Control Laws

J. Grants of Authority to Take Any “Necessary” Action to Protect Public Health

Descriptive Note: States may consider incorporating general and broad authority into their statutes to ensure that TB control programs may take any reasonable action necessary to protect the public’s health.

• Each health officer knowing or having reason to believe that any case of the diseases made reportable by regulation of the department, or any other contagious, infectious or communicable disease exists, or has recently existed, within the territory under his or her jurisdiction, shall take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases. Cal. [Health & Safety] Code § 120175 (Deering 2009).
• The order of the [health official] or the health officer may also contain such other conditions as the [health official] or the health officer believes are necessary to protect either the health of the infected individual or the public health. Md. Code Ann., Health-Gen. § 18-324 (LexisNexis 2009).
• Each and every provision of this subchapter shall be constructed liberally in aid of the powers vested in the public authorities looking to the protection of the public health, comfort, and welfare and not by way of limitation. D.C. Code § 7-144 (2009).
• [TB control statutory provisions] of this title are in addition to any other statutes relating to communicable diseases generally or to tuberculosis specifically and shall not abrogate or repeal those other statutes unless in direct conflict therewith, in which case the provisions of such sections shall control. Vt. Stat. Ann. tit. 18, § 1061 (2009).