(1)
Diseases Dangerous to the
Public Health means the following.
See
105 CMR
300.100:
Diseases Reportable to Local
Boards of Health.
(a)
Actinomycosis
(b) AIDS (Acquired
Immune Deficiency Syndrome)
(c)
Animal Bite
(d) Anthrax
(e) Brucellosis (Undulant Fever)
(f) Chickenpox (Varicella)
(g) Cholera
(h) Diarrhea of the Newborn
(i) Diphtheria
(j) Dysentery, Amebic
(k) Dysentery, Bacillary
(Shigellosis)
(l) Encephalitis
(specify if known)
(m) Food
Poisoning by:
1. Botulism
2. Mushrooms and other poisonous vegetable
and animal products
3. Mineral or
organic poisons such as arsenic, lead, etc.
4. Staphylococcal
(n) German Measles (Rubella)
(o) Glanders
(p) Hepatitis, Viral (includes Infectious and
Serum Hepatitis)
(q) Impetigo of
the Newborn
(r) Leprosy
(s) Leptospirosis (including Weil's
Disease)
(t) Lymphocytic
Choriomeningitis
(u)
Malaria
(v) Measles
(Rubeola)
(w) Meningitis (B.
Influenzal, meningococcal, pneumococcal, streptococcal forms)
(x) Mumps
(y) Ophthalmia Neonatorum
(z) Plague
(aa) Poliomyelitis
(bb) Psittacosis
(cc) Rabies - Human
(dd) Rickettsialpox
(ee) Rocky Mountain Spotted Fever
(ff) Salmonellosis (except Typhi and
Paratyphi)
(gg) Salmonellosis:
Typhi and Paratyphi (Typhoid and Paratyphoid Fevers)
(hh) Smallpox (Variola)
(ii) Smallpox Vaccination Reactions -
Generalized Vaccinia, Eczema Vaccinatum
(jj) Streptococcal Infections (including
Erysipelas Scarlet Fever, Streptococcal Sore Throat,
etc.)
(kk)
Tetanus
(ll) Trachoma
(mm) Trichinosis
(nn) Tuberculosis
(oo) Tularemia
(pp) Typhus Fever (including Brills'
Disease)
(qq) Whooping Cough
(pertussis)
(rr) Yellow
Fever
(2)
Consent by Child. If any ward or child in the care or
custody of the Department reasonably believes herself or himself to be
suffering from or to have come in contact with any disease dangerous to the
public health, such child may consent to his or her own medical care or dental
care related to the diagnosis or treatment of such disease. The consent of the
Department is not necessary to authorize medical or dental care related to the
diagnosis or treatment of diseases dangerous to the public health for any ward
or child in the Department's care or custody. See M.G.L. c.
112, ยง 12F.
(3)
Consent by Department or Parent. If a medical provider
refuses to treat the child without parental or Department consent, or if a
child refuses to consent or is not able to consent to medical or dental care
related to the diagnosis or treatment of a disease dangerous to the public
health, the Department may consent.
(4)
AIDS. The
Department shall establish and consult with an AIDS Advisory Board, comprised
of Department personnel, Department of Public Health personnel, a physician
consultant, a legal consultant, a foster parent representative, in making
AIDS-related decisions.
COMMENTARY
Children with AIDS are to be treated as any other children with
serious diseases. However, the Department strongly emphasizes the importance of
confidentiality for these children and families. Additionally, the Department
supports, as policy, the "case by case" review of these infants and children,
due to the constantly emerging knowledge about HIV infection from the medical
and scientific communities.
To achieve this goal, the Department has established a Central
AIDS Review Board comprised of experts in the field of AIDS and representatives
of the Department who will review cases involving testing, placement and other
AIDS issues of any child in the care or custody of the
Department. The Board will evaluate the information and make recommendations to
the Deputy Commissioner, who will make final decisions involving testing and
placement of these children.