Menu of Suggested Provisions For State Tuberculosis Prevention and Control Laws

Penalties/Immunity

Descriptive Note: Penalties for patients with TB who are nonadherent generally are levied only after use of incentives and enablers and other measures designed to achieve adherence have failed. States may consider granting immunity to public health officials and others involved in patient care who act in good faith – this section contains two examples of such provisions.

• Unless otherwise provided in this chapter, a person who knowingly violates any provision of this chapter, or of the rules of the department or a local board, or any lawful order, written or oral, of the department or board, or of their officers or authorized agents, is guilty of a simple misdemeanor. Iowa Code § 139A.25 (2009).
• Inasmuch as the order provided for by [statutory provision on powers and duties of health officers] is for the protection of the public health, any person who, after service upon him or her of an order of a health officer directing his or her treatment, isolation, or examination as provided for in [statutory provision on powers and duties of health officers], violates or fails to comply with the same or any provision thereof, is guilty of a misdemeanor, and, upon conviction thereof, in addition to any and all other penalties which may be imposed by law upon such conviction, may be ordered by the court confined until such order of such health officer shall have been fully complied with or terminated by such health officer, but not exceeding six months from the date of passing judgment upon such conviction: PROVIDED, That the court, upon suitable assurances that such order of such health officer will be complied with, may place any person convicted of a violation of such order of such health officer upon probation for a period not to exceed two years, upon condition that the said order of said health officer be fully complied with: AND PROVIDED FURTHER, That upon any subsequent violation of such order of such health officer, such probation shall be terminated and confinement as herein provided ordered by the court. Wash. Rev. Code Ann. § 70-28-033 (LexisNexis 2009).
• Any health care facility, provider agency, or agent, employee, administrator, physician, or other representative of such health care facility or provider agency who in good faith provides or fails to provide notification, testing, or other action as required by [disease control provisions] shall have immunity from any liability, either criminal or civil, that might result by reason of such action or inaction. Neb. Rev. Stat. Ann. § 71-513 (LexisNexis 2009).
• Immunity. A public health official, disease prevention officer, peace officer, physician, licensed health professional, or treatment facility that acts in good faith under this section is immune from liability in any civil, administrative, disciplinary, or criminal action for acting under this section.