Re: NRC Proposed Fine and Severity Level 1 Violation

[Chuck Cooper <cooperc@teleport.com>]

I just went over the "authority to detain" issue in a SARS related 

policy development initiative. Only the local govt public health 

authority has the legal ablility to detain/isolate an individual who may 

present a health threat from an "exposure to the public" situation.



Chuck Cooper

EH&S

Portland State University



BLHamrick@AOL.COM wrote:



> In a message dated 5/15/2003 11:35:02 AM Pacific Standard Time, 

> FloodJR@NV.DOE.GOV writes:

>

>> Perhaps I'm being a bit naïve here, but does the hospital have the legal

>> authority to compel a patient to stay?  If the patient chooses to go 

>> home or

>> to hospice care, can the hospital prevent this?  Would this be 

>> imprisoning a

>> person for medical reasons?

>

>

>

> This is an excellent question, and has been faced on occasion or two.  

> In the two cases I am aware of, the hospitals have declined to 

> "imprison" the patients.  In most people's opinions, they are not 

> under no regulatory obligation to do so.  The regulations require that 

> they not "release" a patient without the proper assessment of dose to 

> the public, and proper instruction, but if a patient decides to leave 

> AMA, there does not appear to be any regulatory obligation to restrain 

> them (nor, in my personal opinion should there be).

>

> Barbara L. Hamrick





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