Public Health Law Map - Beta 5 - Medical and Public Health Law Site

include nurses, dentists, veterinarians, laboratories, school officials, administrators of
institutions, and police officials. Failure to report a reportable disease may constitute
a criminal offense, and it creates civil liability if someone is hurt by it. Required
reporting is exempt from confidentiality limitations and physician–patient privilege.
The patient’s right of privacy gives way to the societal need to prevent the spread of
disease. However, physicians must not abuse this privilege and unnecessarily divulge
a patient’s medical information.
a) Reportable Diseases
Exhibit 12–1 lists diseases that are commonly reportable. Most of these are
reportable in all jurisdictions; the remainder are of public health interest irrespective
of their reportability in a given jurisdiction. They are divided into categories
according to the mode of spread or the programs used to control them. This list is
not comprehensive. State-specific information on what to report and to whom can
be obtained from the state health department. Generally, if a disease is affecting an
unusually large number of people or if it is a disease that may become epidemic, it
should be reported. Except for HIV, most health departments accept reports for
diseases that are not on the state list of reportable diseases. The health department
may choose not to act on the reports, but physicians have no legal liability for
making a report that is not required.
b) Complying with Reporting Duties
Irrespective of personal beliefs, physicians must comply with reporting laws. A
physician should never withhold information or give false information to protect a
patient’s privacy. Although violators are seldom prosecuted, interfering with a
public health investigation is a crime in most states. There is a much greater chance
that a failure to comply with a reporting duty will result in a medical malpractice
lawsuit. Failure to report an infectious person or a dangerous condition can make
the physician liable for any harm to the patient or anyone else that compliance with
the reporting duty would have prevented.
Legally required disease control reporting is not subject to informed consent; the
patient has no right to veto the reporting. The reportability of a disease should not
be part of the informed consent for laboratory tests. Information about the
reportability of a disease might deter some patients from consenting to testing.
Although this might protect the patient’s autonomy, it can threaten the public’s
health. Also, the physician does not need a medical records release for disease
reporting because neither the physician nor the patient has the right to refuse the
release of information.
Physicians must never knowingly report false information to public health
authorities. The physician is liable for any injuries occasioned by the false report.
This does not mean that the physician must personally investigate the information
that patients provide. It does mean that the physician must truthfully report what is
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