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Table of Contents

Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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43. Reportable Infections & Illnesses


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Tis not always in a medical practitioner’s power to cure the sick; at times, the disease is more potent than trained art.
~ Ovid


Abstract

The reporting of reportable infections and illnesses in America is divided into four categories: written, telephone, number of cases, and cancer registry. Medical practitioners have a patient-centered obligation to maximize the patient’s best interests while adhering to the principles of beneficence (do good) and nonmaleficence (do no harm). The practitioner must disclose their legal and professional obligation to report to the patient, but if informed consent is not obtained, the practitioner must report the minimum information required to the proper authorities. Public policies ensure individual rights and liberties are protected and promote equitable opportunities for all citizens. Failure to report a communicable infection is a misdemeanor punishable with a fine and up to 90 days imprisonment. The medical practitioner must balance their duty to promote patient autonomy and confidentiality with their legal obligation to report and warn those at risk of harm.

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Think 

[43:1] Every state in America have a list of more than 70 reportable infections and illnesses.

[43:2] Reportable infections and illnesses are divided into four main groups; written, telephone, number of cases, and cancer registry.

1. Written
    A report of the infection must be made in writing.
    Examples are gonorrhea and salmonellosis.

2. Telephone
    The provider must make a report by phone.
    Examples are rubeola (measles) and pertussis (whooping cough).

3. Number of cases
    Examples are chickenpox and influenza.

4. Cancer Registry
    Cancer illness cases are reported to the state Cancer Registry.

Assess
Patient: 1) Autonomy

[43:3] Patients have a patient-practitioner relationship with the medical practitioner, which creates the environment necessary for the patient to provide informed consent. Confidentiality and privacy are central to this relationship, giving the patient the trust necessary for disclosing protected health information (PHI) to the practitioner. This high regard for confidentiality and privacy contributes significantly towards maximizing the patient’s best interests.

[43:4] Reportable infections have a significant negative social impact, and as a result practitioners have a legal, professional, and ethical duty to mitigate those adverse effects without breaching the patient-practitioner relationship. This has been accomplished by including the categories of mandated reporting to be part of the patient-practitioner social contract. 

[43:5] The medical practitioner’s legal and professional requirement to report must be disclosed to the patient as soon as possible. The goal is for the patient to understand the practitioner’s responsibility and for the patient to consent to report voluntarily. However, if the patient does not provide informed consent to report, then the practitioner is obligated by legal mandate, professional duty, and moral analysis to report the minimal amount of information required to the proper authorities. Mandatory reporting is not a breach of the patient-practitioner relationship; rather, it is an expectation of that relationship.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[43:6] Medical practitioners have a professional patient-centered obligation to maximize the patient’s best interests as determined by the patient’s reasonable goals, values, and priorities using the professional principles of beneficence (do good) and nonmaleficence (do no harm).

[43:7] If a patient has exposed others to a communicable infection, then the practitioner should either counsel the patient to notify, offer to inform contacts, and notify the health department, all while assuring patient confidentiality.

  • 1. Counsel the Patient: Encourage the patient to notify their contact(s) voluntarily. Beneficence (do good)
  • 2. Offer to Inform Contact(s): If, after counseling, the patient is emotionally or otherwise still unwilling to notify their contact(s), then the practitioner should offer to inform the contact(s) for the patient without revealing the patient’s identity. Beneficence (do good) and nonmaleficence (do no harm)
  • 3. Notify the Health Department: If the patient still refuses, then the practitioner must notify the health department and provide the minimum necessary information to accomplish the intended purpose. The health department will then request a voluntary interview with the patient to construct a list of contacts to be notified. There is no legal penalty for patient noncompliance. Nonmaleficence (do no harm)
  • 4. Confidentiality: The patient must know that their identity as the source-patient will always be kept confidential. Nonmaleficence (do no harm)

Public Policy: 4) Justice

[43:8] Public policies are legislated to protect individual rights and liberties within a general structure that promotes equitable opportunities for all citizens as a matter of justice (be fair). Not reporting these designated reportable infections and illnesses is a violation of individual rights and liberties and therefore requires legislation, as a matter of justice (be fair), to bring back into balance the unequal distribution of benefits and burdens.

[43:9] It is unfair not to disclose exposure to those who have been exposed to a communicable infection. Therefore, if a patient refuses to notify a contact, and the practitioner knows who their contact is, although it is not mandatory to notify the contact, the practitioner has legal protection if they notify the contact. Regardless, the practitioner must inform the contact or ask the health department to notify the contact. Not following this process is a practitioner’s failure of the public policy duty of justice (be fair), making the practitioner legally liable for harms that occur because of the failure to report.

[43:10] Failure to report a communicable infection or illness is a misdemeanor punishable with a fine between $50-$1,000 and up to 90 days imprisonment.

Conclude

[43:11] The medical practitioner must balance the duty of promoting patient autonomy and patient confidentiality with the legal mandate to report reportable infections and illnesses to the appropriate agencies and to warn those who are at risk of harm.

[43:12] In summary, medical practitioners must find a balance between upholding patient autonomy and confidentiality while adhering to their legal obligation to report infections and illnesses. By disclosing their responsibility to report and working with patients to ensure the appropriate parties are informed, practitioners can help minimize the negative social impact of reportable infections and illnesses, promoting both public health and individual well-being.

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43. Review Questions

1. Reportable infections and illnesses, that the practitioner must report should be disclosed to the patient as soon as possible.

2. For reportable infections the goal is for the patient to understand the practitioner’s responsibility and for the patient to consent to report voluntarily.

3. If the patient does not provide informed consent for the practitioner to report a reportable infection, then the practitioner in accordance with the patient-practitioner relationship must keep patient confidentiality and privacy and not report.

4. Mandatory reporting is a legal and professional requirement that is part of the patient-practitioner relationship, and not reporting would be the practitioner’s violation of the patient-practitioner relationship, a form of professional misconduct.

5. If a patient has exposed others to a communicable infection, then

6. If a patient with a reportable infection refuses to notify a contact(s), then the practitioner does not have legal protection to inform the contact(s), and the practitioner must respect the patient’s decision and not report to authorities.

7. A practitioner’s failure to report a reportable infection or disease is a violation of the public policy duty of justice (be fair), making the practitioner legally liable for harms that occur because of the failure to report.

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43. Clinical Vignettes

1. Ms. Tiffany Rodriguez, a 35-year-old office worker, presents to the clinic with a persistent cough, fatigue, and shortness of breath. On examination, her oxygen saturation is low, and she is diagnosed with tuberculosis (TB). Which of the following is the most appropriate action for the medical practitioner to take?

2. Ms. Abigail Myers is a 50-year-old accountant who presents to the clinic with fever, malaise, and joint pain. On examination, she is diagnosed with Lyme disease, a reportable infection. However, Ms. Lee refuses to consent to the reporting of her illness. Which of the following is the most appropriate action for the medical practitioner to take?

3. Mr. Jerry Johnson is a 35-year-old accountant who presents to the clinic with a fever, chills, and a painful rash. He reports having unprotected sexual contact with a new partner a week ago. Clinical examination reveals a rash on his genitals, mouth sores, and swollen lymph nodes. Clinical differential diagnosis includes herpes simplex virus (HSV) infection, syphilis, or human immunodeficiency virus (HIV) infection. What is the practitioner's ethical responsibility in reporting communicable infections, and how can they balance their duty to promote patient autonomy and confidentiality with their legal obligation to report and warn those at risk of harm?

4. Mr. James Peterson is a 35-year-old plumber comes to your clinic complaining of fever, headache, and a rash on his arms and legs. He tells you that he spent the past week camping in a wooded area with friends. On examination, you notice a red rash that is flat and non-itchy on his extremities, torso, and palms of his hands. He also has a low-grade fever and enlarged lymph nodes in his neck. You suspect that Mr. Peterson may have contracted Rocky Mountain spotted fever, but there is a differential diagnosis that includes other tick-borne illnesses like Lyme disease and ehrlichiosis. What is the ethical question regarding the reporting of reportable infections and illnesses that arises in this case?

5. Ms. Abigail Johnson is a 30-year-old chef who presents to the emergency department with severe abdominal pain and bloody diarrhea. She reports that her symptoms began 2 days ago and have gradually worsened. Upon physical examination, the patient is found to be severely dehydrated, and laboratory tests show an elevated white blood cell count. The working diagnosis is E. coli O157:H7 infection. What is the ethical obligation of the medical practitioner in reporting the E. coli O157:H7 infection to the proper authorities?

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43. Reflection Vignettes 

Dr. Jane Smith, a 35-year-old family medicine practitioner, sees a patient who presents with symptoms of a communicable infection. After performing a thorough examination, Dr. Smith diagnoses the patient with a sexually transmitted infection (STI). During the patient's counseling session, Dr. Smith emphasizes the importance of notifying their partners and contacts of their exposure to the infection to prevent further spread. However, the patient becomes emotionally distraught and refuses to inform their partners and contacts. As a medical practitioner, Dr. Smith is bound by ethical and legal obligations to protect public health and prevent the spread of communicable infections. Failure to report a communicable disease can result in harm to others and even death in some cases. Therefore, Dr. Smith must take action to ensure that the patient's partners and contacts are notified and provided with appropriate testing and treatment. Dr. Smith must explain to the patient the importance of notifying their partners and contacts and the potential harm that can result from not doing so. She can also offer to assist the patient in notifying their partners and contacts or refer them to a public health agency to facilitate the process. If the patient continues to refuse, Dr. Smith may be legally required to report the case to the local public health department, which can take steps to identify and notify the patient's partners and contacts of their exposure to the infection. In addition to protecting public health, Dr. Smith must also prioritize patient confidentiality and privacy. She must explain to the patient the importance of maintaining confidentiality while also notifying partners and contacts of the exposure. Dr. Smith can work with the patient to develop a plan that respects their privacy while also notifying partners and contacts.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Dr. Heidi Dunn, a 38-year-old general practitioner, meets with a patient who presents with clinical symptoms consistent with a reportable communicable infection. The patient requests to be treated but only under the condition of strict confidentiality and privacy, meaning that Dr. Dunn should not disclose any information to the state or local health department, the patient’s sexual partners, or any other contacts. The differential diagnosis suggests a few different possibilities, including bacterial vaginosis, chlamydia, gonorrhea, or syphilis. While the patient has the right to confidentiality, Dr. Dunn understands the importance of reporting communicable infections and the potential harm to others if left untreated. Dr. Dunn counsels the patient on the importance of reporting the infection, explaining that reporting is necessary to prevent further transmission and ensure proper treatment. Dr. Dunn also informs the patient that the identity of the patient will remain confidential, but the patient’s partners and contacts will need to be notified for their own health and safety.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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