Abstract：
OBJECTIVES:The detention of patients infected with tuberculosis has recently been the subject of significant professional and public interest. In Ireland, the power to detain and isolate probable sources of infectious disease is found in the Health Act 1947. The objective of this study was to describe the use of the power to detain, and to examine relevant legal implications. STUDY DESIGN:Cohort survey. METHODS:Respiratory and infectious disease physicians practising in the public sector were invited to complete a self-administered postal questionnaire. RESULTS:Of the 44 clinicians surveyed, 33 responded, representing a total of 356 years of specialist practice (mean 10.8 years). Although 70% of respondents had made use of threats of formal detention in dealing with non-compliant patients, only one formal detention under statutory powers was identified. Infrastructural and legal concerns with the use of detention were common. There was widespread support for a broadening of the range of additional public health powers, including a power of prolonged detention in the setting of multi-drug-resistant tuberculosis. CONCLUSION:Detention and isolation of non-compliant tuberculosis patients remains in active use. Physicians detaining, or threatening to detain, patients continue to expose themselves to legal liability because of the outdated legal framework underlying those powers.
journal_name
Public Healthjournal_title
Public healthauthors
Duffy STdoi
10.1016/j.puhe.2008.09.001subject
Has Abstractpub_date
2009-01-01 00:00:00pages
81-5issue
1eissn
0033-3506issn
1476-5616pii
S0033-3506(08)00254-0journal_volume
123pub_type
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