PRINTER'S NO. 1429
No. 1148 Session of 2001
INTRODUCED BY GREENLEAF, COSTA, KITCHEN, BOSCOLA AND KUKOVICH, OCTOBER 12, 2001
REFERRED TO PUBLIC HEALTH AND WELFARE, OCTOBER 12, 2001
AN ACT 1 Amending the act of April 23, 1956 (1955 P.L.1510, No.500), 2 entitled, as amended, "An act providing for the prevention 3 and control of communicable and non-communicable diseases 4 including venereal diseases, fixing responsibility for 5 disease prevention and control, requiring reports of 6 diseases, and authorizing treatment of venereal diseases, and 7 providing for premarital and prenatal blood tests; amending, 8 revising and consolidating the laws relating thereto; and 9 repealing certain acts," further providing for the prevention 10 and control of tuberculosis. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 7 of the act of April 23, 1956 (1955 14 P.L.1510, No.500), known as the Disease Prevention and Control 15 Law of 1955, amended September 11, 1959 (P.L.865, No.343), is 16 amended to read: 17 Section 7. Examination and Diagnosis of Persons Suspected of 18 Being Infected with Venereal Disease[, Tuberculosis] or any 19 other Communicable Disease, or of Being a Carrier.-- 20 Whenever the secretary or a local qualified medical health 21 officer has reasonable grounds to suspect any person of being
1 infected with a venereal disease[, tuberculosis] or any other 2 communicable disease, or of being a carrier, he shall require 3 the person to undergo a medical examination and any other 4 approved diagnostic procedure, to determine whether or not he is 5 infected with a venereal disease[, tuberculosis] or any other 6 communicable disease, or is a carrier. In the event that the 7 person refuses to submit to the examination, the secretary or 8 the local qualified medical health officer may (1) cause the 9 person to be quarantined until it is determined that he is not 10 infected with a venereal disease[, tuberculosis] or any other 11 communicable disease, or of being a carrier, or (2) file a 12 petition in the court of common pleas of the county in which the 13 person is present, which petition shall have appended thereto a 14 statement, under oath, by a physician duly licensed to practice 15 in the Commonwealth, that such person is suspected of being 16 infected with venereal disease[, tuberculosis] or any other 17 communicable disease, or that such person is suspected of being 18 a carrier. Upon filing of such petition, the court shall, within 19 twenty-four hours after service of a copy thereof upon the 20 respondent, hold a hearing, without a jury, to ascertain whether 21 the person named in the petition has refused to submit to an 22 examination to determine whether he or she is infected with 23 venereal disease[, tuberculosis] or any other communicable 24 disease, or that such person is a carrier. Upon a finding that 25 the person has refused to submit to such examination and that 26 there was no valid reason for such person so to do, the court 27 shall forthwith order such person to submit to the examination. 28 The certificate of the physician appended to the petition shall 29 be received in evidence and shall constitute prima facie 30 evidence that the person therein named is suspected of being 20010S1148B1429 - 2 -
1 infected with venereal disease[, tuberculosis] or any other 2 communicable disease, or that such person is a carrier. The 3 examination ordered by the court may be performed by a physician 4 of his own choice at his own expense. The examination shall 5 include physical and laboratory tests performed in a laboratory 6 approved by the secretary, and shall be conducted in accordance 7 with accepted professional practices, and the results thereof 8 shall be reported to the local health board or health department 9 on forms furnished by the Department of Health. Any person 10 refusing to undergo an examination, as herein provided, may be 11 committed by the court to an institution in this Commonwealth 12 determined by the Secretary of Health to be suitable for the 13 care of such cases. 14 Section 2. The act is amended by adding a section to read: 15 Section 7.1. Tuberculosis.-- 16 (a) (1) A person shall submit to an examination to detect 17 an active case of tuberculosis whenever, in the opinion of an 18 officer of the department, an examination is necessary to 19 preserve and protect the public health. 20 (2) An examination under this section shall be by written 21 order of the officer of the department and shall include the 22 name of the person to be examined and the time and place of the 23 examination. The person to be examined shall be personally 24 served with a copy of the order within a reasonable time before 25 the examination is scheduled to take place. An examination under 26 this section shall be conducted by a physician licensed in this 27 Commonwealth. 28 (b) (1) A physician who detects an active case of 29 tuberculosis shall report such case to the department. 30 (2) An officer of the department shall take steps to ensure 20010S1148B1429 - 3 -
1 that an infected person is meeting all the requirements of a 2 physician's direction for treatment. 3 (3) For the purposes of this section, it is understood that 4 treatment approved by the department or by a local board shall 5 include treatment by an accredited practitioner of a well 6 recognized church or religious denomination which relies on 7 prayer or spiritual means alone for healing if requirements 8 relating to sanitation, isolation or quarantine are satisfied. 9 (4) If upon inspection, an officer of the department finds 10 that an infected person is not fulfilling the infected person's 11 treatment provision, the officer may by written order isolate 12 the infected person in an appropriate facility for a period not 13 to exceed ninety-six hours. The infected person shall be 14 personally served with a copy of such order. 15 (5) In conjunction with that order the officer of the 16 department may also file a petition in the court of common pleas 17 to have an infected person committed for treatment in an 18 appropriate facility for a period not to exceed six months. The 19 infected person shall be personally served with a copy of that 20 petition and any related judicial order that results from that 21 petition. 22 (c) (1) The costs for examination and treatment as ordered 23 in subsections (a) and (b) of this section shall be borne by the 24 infected person. If the person is deemed unable to pay, the 25 department shall provide and pay for any services after any 26 insurance, workers' compensation, retirement plan or other 27 benefits accruing to the patient has been exhausted. 28 (2) The diagnosis, control and treatment of tuberculosis 29 shall be under the supervision and authority of the department 30 and shall be available to all persons, regardless of their 20010S1148B1429 - 4 -
1 ability to pay. 2 (3) The department shall request a separate appropriation to 3 cover any costs incurred in the enforcement of this section. 4 (d) (1) An employe of a public or private elementary 5 school, secondary school or licensed day care center shall be 6 tested annually to detect active cases of tuberculosis. 7 (2) Any such employe who refuses to submit to the test shall 8 be suspended until the employe has been tested. 9 (3) The district superintendent, principal, day care center 10 director, or chief administrative officer shall collect the 11 results of those tests and shall forward a report to the 12 department. 13 (e) The department shall promulgate regulations concerning 14 the testing methods and reporting methods necessary for the 15 enforcement of this section. The regulations may prescribe 16 reasonable exceptions to this section and shall designate or 17 describe the procedure for designating the isolation or 18 treatment facilities provided for under clauses (4) and (5) of 19 subsection (b) of this section. 20 (f) A person commits a misdemeanor of the third degree if 21 that person refuses to comply with an order issued pursuant to 22 this section. 23 Section 3. This act shall take effect in 60 days. I7L35DMS/20010S1148B1429 - 5 -