Is it illegal to refuse TB treatment?

Asked by: Leone Goldner  |  Last update: February 12, 2026
Score: 4.2/5 (4 votes)

Refusing TB treatment isn't always illegal and is complex, balancing patient rights with public health; however, if an individual with active, contagious TB refuses treatment, public health officials can seek court orders for isolation and mandatory directly observed therapy (DOT), leading to detention to prevent spread, as TB poses a significant community threat. Laws vary, but generally, while adults have the right to refuse treatment, this right can be overridden by public health laws when a person's non-compliance threatens others, often resulting in court-ordered confinement, not involuntary medication, though it enforces treatment adherence.

Can a patient refuse TB treatment?

TB treatment should be provided on a voluntary basis (2). If a patient refuses treatment, this is likely due to insufficient counselling or lack of treatment support.

What happens if you don't get treatment for TB?

Without treatment, 1 in 10 people with inactive TB will get sick with active TB disease. TB disease can spread to others and be deadly. If you have inactive TB, treating it is the best way to protect you from getting sick with active TB disease.

Can an employee refuse a TB test?

Finally, be aware that participation in the employer's skin testing program is voluntary on the part of the employee. OSHA does not require that employees participate in TB skin testing, only that the employer make such skin testing available to employees.

Can you go to jail for tuberculosis?

Of 424 cases of tuberculosis, 20 patients (4.7%) were incarcerated for noncompliance; an additional 21 patients (5.0%) were lost to follow-up prior to completing therapy. Incarcerated patients were predominantly men who were born in the United States and had a history of homelessness and alcohol abuse.

TB Patient Behind Bars For Refusing Treatment

35 related questions found

What states are tuberculosis free?

(a) The following are accredited-free States: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire ...

How much is $20 worth in jail?

With $20 per month, the prisoner could at least purchase soap, quality toothpaste (and a quality toothbrush), and batteries for their radio. Even a single check for $15 could allow a prisoner to purchase a few comforts which would traditionally be outside of their reach.

Can you lose your job because of TB?

Tuberculosis has been considered a disability under the Americans with Disabilities Act (ADA). Protection under the ADA means that an individual who has or has had TB cannot be denied employment or fired because of his or her current or previous infection.

What are the new TB rules?

In short, the new requirements are that:

They must also be moving from a herd that has been tested in the last six months; If they do not fulfil both these requirements, they must then be tested, either within the 30 days prior to movement or within 30 days after movement into the new herd.

What happens if you refuse a drug test?

Non-DOT: Under general employment drug testing guidelines, refusal to submit to a drug or alcohol test is typically treated as a policy violation, which may result in disciplinary action, up to and including termination, based on the employer's internal policies.

What organ is affected first by TB?

Tuberculosis (TB) is an infection that usually affects the lungs. It can be treated with antibiotics but can be serious if not treated.

Why is TB called the White Death?

Part 1 – Phthisis, consumption and the White Plague. In that time it also became known as the great white plague and the white death [4, 5, 24], called “white” because of the extreme anaemic pallor of those affected [4, 25].

What are the first signs of TB in the lungs?

Early signs of pulmonary tuberculosis (TB) often start subtly, including a persistent cough (lasting 3+ weeks), fatigue, weight loss, fever, and night sweats, potentially progressing to chest pain and coughing up blood or phlegm. These general symptoms, along with a general feeling of being unwell, signal the infection is active in the lungs, requiring prompt medical attention to prevent spread.
 

Can a patient legally refuse treatment?

A patient who has decision-making capacity may accept or refuse any recommended medical intervention. To have the physician and other staff respect the patient's privacy and confidentiality.

Can you survive TB without meds?

Tuberculosis (TB) is a bacterial infection that usually affects your lungs. It can also spread to other organs. It's treatable with medications but can be fatal if not treated.

Why does my job want me to take a TB test?

TB tests are used to screen for the presence of the disease so people can be treated and so the spread of the disease can be contained, and many employers require a TB skin test as a condition of employment. You should also be tested for TB if you're at a higher risk for contracting the disease.

How long does a person with TB have to quarantine?

How long will I need to be on Home Isolation? It may be as short as two weeks or longer. This will be based on the results of your sputum tests, x-rays and symptoms.

Does TB qualify for disability?

In order to qualify for disability benefits due to TB under Section 3.02 of the Blue Book, you must provide the following medical evidence to support that you suffer from: A chronic restrictive ventilatory disease that has or will result in respiratory failure, lung restriction, or circulatory problems.

Is TB reported in all 50 states?

All reporting areas (the 50 states, the District of Columbia, New York City, the 5 U.S. territories [American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands], and the 3 freely associated states [Federated States of Micronesia, Republic of the Marshall Islands, Republic of Palau]) report TB ...

How serious is a positive TB test?

A “positive” TB blood test result means you probably have TB germs in your body. Most people with a positive TB blood test have latent TB infection. To be sure, your doctor will examine you and do a chest x-ray. You may need other tests to see if you have latent TB infection or active TB disease.

How long are you contagious with tuberculosis?

The exact length of time will depend on your overall health and the severity of your TB. After taking the medicine for 2 weeks, most people are no longer infectious and feel better. However, it is important to continue taking your medicine exactly as prescribed and to complete the whole course of antibiotics.

When can a TB patient return to work?

Most patients are no longer infectious after approximately two weeks of treatment. Such patients should continue treatment and can return to work; they are not a threat to other employees.

What happens to your bank account when you go to jail?

This depends on the charges on which you've been convicted. For most crimes, your money will remain in your account. However, for some crimes, your accounts may be frozen. Even if you remain in control of your funds, some banks may freeze your account, as a safety feature, if it isn't used for several months.

Is 1 day in jail equal to 2 days?

Sentences to county jail

In other words, for every two days of actual time in custody, four days will have been deemed served, or essentially half-time credit. (§ 4019(f).) The change is made effective for all crimes committed on or after October 1, 2011.