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Tuberculosis, public health, and civil liberties.

The resurgence of tuberculosis confronts policy-makers with difficult legal and ethical questions about the proper use of state power and resources to protect public health. This chapter examines the implications of expanded use of invasive or coercive measures-including directly observed therapy, involuntary detention of noncompliant patients, and forced administration of medications--designed to reduce the risk of tuberculosis transmission and to ensure that those with TB are fully treated. These measures focus attention on the limitations of government power and obligation and on the delicate balance between the demands of civil liberty and the demands of public health.

Civil Rights↗

The prevention of acquired immunodeficiency syndrome in the United States. An objective strategy for medicine, public health, business, and the community.

Human immunodeficiency virus (HIV) is one of the most virulent infectious agents ever encountered. This virus, estimated to kill up to a half of those infected, has spread to more than 1 million Americans. There is no safe and effective treatment. Nor is there a vaccine. From our understanding of HIV transmission, further spread of the virus can be stopped by the use of various techniques. The combined use of education-motivation-skill building, serologic screening, and contact tracing/notification could eliminate or substantially reduce transmission. To accomplish this reduction an immense concerted effort by physicians, public health practitioners, business, and community organizations is required to get across the simple prevention messages. Those messages are: Any sexual intercourse (outside of mutually monogamous or HIV antibody-negative relationships) must be protected with a condom. Do not share unsterile needles or syringes. All women who may have been exposed should seek HIV-antibody testing before becoming pregnant and, if positive, avoid pregnancy. Only through a concerted, vigorous, and sustained prevention program that deals frankly with this problem will those individuals at risk be reached and motivated to take personal responsibility to protect themselves. Without such an effort, acquired immunodeficiency syndrome will continue to kill ever-increasing numbers of Americans.

Acquired Immunodeficiency Syndrome↗

Implementing a voluntary, nonregulatory approach to nitrogen management in Tampa Bay, FL: a public/private partnership.

Participants in the Tampa Bay Estuary Program have agreed to adopt nitrogen-loading targets for Tampa Bay based on the water-quality and related light requirements of underwater seagrasses. Based on modeling results, it appears that light levels can be maintained at necessary levels by "holding the line" at existing nitrogen loadings; however, this goal may be difficult to achieve given the 20% increase in the watershed"s human population and associated 7% increase in nitrogen loading that are projected to occur over the next 20 years. To address the long-term management of nitrogen sources, a nitrogen management consortium of local electric utilities, industries, and agricultural interests, as well as local governments and regulatory agency representatives, has developed a consortium action plan to address the target load reduction needed to "hold the line" at 1992 to 1994 levels. To date, implemented and planned projects collated in the Consortium Action Plan meet and exceed the agreed-upon nitrogen-loading reduction goal. An example of the success of the private partnership aspect of this program can be seen in three phosphate fertilizer mining and manufacturing companies with facilities located on Tampa Bay. These companies are participants in the Estuary Program and the Nitrogen Management Consortium to provide support and input for a program that advocates voluntary, nonregulatory cooperation to reach environmental goals.

Cooperative Behavior↗

Exposing the myths surrounding preventive outpatient commitment for individuals with chronic mental illness.

Using New York's "Kendra's Law" as an illustrative vehicle, this article addresses the principal criticisms lodged by opponents of preventive outpatient commitment. The authors argue that preventive outpatient commitment is a useful adjunct to conditional release or placement in the least restrictive alternative that has neither produced revolutionary change in psychiatric commitment standards nor will be used inappropriately to assert governmental control over mentally ill citizens. The authors contend additionally that preventive outpatient commitment does not violate federal constitutional norms or represent bad policy making. The authors acknowledge, however, that the coercion inherent in outpatient commitment schemes may produce certain undesirable side effects. Thus, they explore an alternative approach currently in development in Australia that promotes community-based treatment for chronically mentally ill persons without judicial intervention.

Australia↗

Outpatient civil commitment: a dangerous charade or a component of a comprehensive institution of civil commitment?

This article examines three criticisms frequently directed toward preventive commitment as one form of outpatient commitment. These criticisms contend that preventive commitment (a) abandons the dangerousness criteria for civil commitmnet, (b) promotes unwarranted inpatient commitment of those who do not meet civil commitment criteria, and (c) undermines important individual liberties by diluting the right to refuse treatment. Understanding and evaluating these criticisms requires analysis of the intersection among empirical, conceptual, and justificatory claims. According to the analysis presented here, advocates of preventive commitment can defend a legitimate role for preventive commitment. This analysis applies to preventive commitment as a dispositional alternative within a comprehensive institution of civil commitment involving distinct parens patriae and police power components.

Civil Rights↗