Tuberculosis Patient Put In Jail For Refusing Treatment

Armando Rodriguez, 34, of Stockton, California was arrested and ordered to spend time in jail this week when he refused to take medication that would keep his pulmonary tuberculosis from becoming contagious. The disease includes symptoms such as coughing up blood and phlegm which can ultimately lead to death. Pulmonary Tuberculosis can spread through airborne particles.
The arrest was made after Ginger Wick, a nursing director for San Joaquin County sent a letter requesting a warrant when the patient refused to be treated.
According to the warrant request letter, Rodriguez had told Wick that he was on an alcohol binge and taken meth, he believed also taking the tuberculosis drug would hurt his liver.
Following his arrest on Tuesday Rodriquez will be charged with two misdemeanor counts of refusing to comply with a tuberculosis order.
While many people will contract a latent form of tuberculosis, the active form typically only affects adults who abuse drugs or have a compromised immune system.
While the disease can spread through airborne particles members of the health community have argued for years over whether refusing treatment should lead to criminal charges. Georgetown University public health law professor Lawrence Gostin told the Associated Press:
“I think it’s an error to confine someone in the criminal justice system for a public health crime. The whole intention is to protect the public’s health. It’s not to lay blame on someone.”
Opponents of the criminal charges suggest that incentives should instead be given such as free transportation to treatment centers.
In the meantime laws preventing the spreading of tuberculosis have been in place for more than a century according to the Centers for Disease Control and Prevention (CDC).
Tuberculosis while closely monitored still manages to inflict upwards of 12,0000 new patients each year while California witnessed 2,317 new cases in 2011, the states lowest point since record keeping began for the bacterial disease.
Drug resistant strains of the disease have emerged in the last several years, causing bigger headaches for health care professionals.




















May 17, 2012
If his condition is getting to the point of being spreadable, then yes he should be contained and isolated from others. Inevitably this man would put thousands of other at risk of contracting the illness.
May 17, 2012
On a meth and alcohol binge but refused the meds because he thought it would hurt his liver – now that's a brilliant deduction isn't it? Good for the nurse for reporting him and requesting a warrant. He's an inconsiderate SOB and should be jailed!
May 17, 2012
Yes I think if you refuse to get treated on something that's contagious you should have charges brought against you. now on the same foot if you just can't afford the meds it should be supplyed to you.
May 17, 2012
You're right, he has no right to infect others, but the meds should be provided.
May 17, 2012
send him to mexico and let him infect everyone there….
May 17, 2012
I think he should have considered the damage that the meth and alcohol could have done to his liver. Yes if he could infect others he should be considered a threat to society the same as if he had committed a crime.
May 17, 2012
Anything that threatens the out break of a disease like tuberculosis, yes I think jail should be a definite punishment. As well as mothers who don't vaccinate their children
May 17, 2012
I don't think he should be put in jail. I do think though that he should be quarantined. But jail is not fair. Jail is supposed to be for actual crimes and thus far he has not infected someone else. You can't arrest someone that could possibly harm someone else. It brings to mind the movie Minority Report. Also, I am surprised this nurse is not being prosecuted. I was under the impression that it is illegal to share patient medical records.
May 17, 2012
Not saying that this is the case, but there are some religions where they do not take medication. I doubt this guy has insurance and he is probably already in a state hospital (on our tax dollars) getting free medical treatment. My point being that I doubt that the issue here is due to lack of funds for the medication.
May 17, 2012
Of course he should be isolated from the general population until he's no longer contagious. BTW, the state does pay for these meds.
May 17, 2012
He needs to be quarantined one way or another until the risk of infecting others has passed; but treatment shouldn't be forced on him.
May 17, 2012
If he chooses on the basis of his sincerely held religious beliefs, he should not be forced, but he should at the very least be under house arrest. His religion has no right to infringe on other people's health. I understand the right to refuse immunization due to religion especially since some are made from aborted fetuses, but once an illness is contracted and is contagious, take them out of the public.
May 17, 2012
He was drinking and using meth but was afraid the meds would hurt his liver? STOOOPID
May 17, 2012
The Meth will make you cough Blood…A lot of Ppl are false poitives
May 17, 2012
Patients have the right to refuse treatment, but considering the method of transmission, the boundaries blur for the safety of the public.
May 17, 2012
Why don't you volunteer to be the one he infects then? A simple cough in your face should do it. According to your logic, THEN they can prosecute him. If you don't want to do it, have a loved one do it for you. GEEZ!
May 17, 2012
Oook I totally get putting him in jail=) and thumbs up to the nurse for reporting it! What I don't get is the ignorant comment down there about sending him to MEXICO??? WTF DOES THAT HAVE TO DO WITH ANYTHING?
May 17, 2012
When the cops come knocking on your door because you said to someone (jokingly, figuratively or literally) that you are going to kill them then maybe you will understand. In this country, we have rights and are innocent until proven guilty for an actual crime. This man has not committed any actual crime! It is a slippery slope to start arresting and jailing people who have not committed any crime. If you had read my post you would see that I still said there should be some form or quarantine! But not jail! Also, you do realize if this guy goes to a jail he will infect those people as well and your tax dollars will go towards their medical treatment.
May 17, 2012
He is an idiot, his medicine will mess up his liver? I think booze & meth has done scrambled his brain. If he doesn't want his medicine, lock him up in a contained room, feed him through a whole in the door, have a toilet & a shower in there and just leave him till the disease kills him. This way he can't infect any one else. If this sounds harsh too bad I have a low threshold for morons.
May 17, 2012
Hmmmm…. Idk… Own personal choice… In my opinion
May 17, 2012
Why don't you start rounding up all the sick and injured and just execute them? That's what the Nazis did.
May 17, 2012
ugh seriously? why is this guy putting up a fight, sure meds might kill his liver, but his TB will kill his lungs, plus many others, before the liver gives out. idiot.
May 17, 2012
I was merely commenting on Rebecca's post of the patient not taking the meds due to lack of financial reasoning. Not saying that this particular scenario was due to religious rights, but that is another big issue in this country. There are parents making decisions for their infants that could endanger their lives due to their religious beliefs. And it could affect other children their kids come in contact with. Should we start to enforce non-immunized children from public schools and force them into home schooling? It's a hard issue because we all should respect each others rights to choose, but what if it might someday affect someone else? It can be a slippery slope though. We don't force schizophrenics in this country to take anti psychotic drugs, even though there is a possibility the patient could someday harm another person, or not. Again, we should not criminalize people who have not committed any crime.
May 17, 2012
He actually has admittedly committed a crime. He takes Methamphetamine, an illegal substance, that he definately procured through illegal means, and probably stole from some one to be able to afford his drugs, and is most likely just a drain on society anyways. He most likely wouldn't even have TB if it wasn't for his drug problem. So jail or wherever, keep him the heck away from other people.
May 17, 2012
The TB drug can if fact hurt your liver, but he wasn't worried about the booze and the meth. I say tie his butt down and inject him so he can't hurt himself anymore and anyone else!
May 17, 2012
Oh yeah, and I'm sure the nurse followed all necessary HIPAA protocols to report this person. And in matters of public safety there are a different set of HIPAA protocols.
May 17, 2012
If you knowingly are carrying around a contagion, then you are committing a crime. That is different from immunization which is only a possibility. And on the schizophrenics, we do not make them take medicine, but if they hurt someone they are gonna be charged with a serious crime as they were aware of the risks by not taking their medication. If they do not and kill someone, they should be charged with murder, not some kind of manslaughter. They knew full well.
May 17, 2012
well most likely he came from mexico where he contracted the disease its rampid there so I agree send him back so they can keep the disease there not bring it here to infect our country along with other diseases there bringing back here such as leopercy etc etc.These people come here illegally never being health checked and bringinb us there diseases unchecked then omg we hwve to pay for there medical care too when so many americans cant even get med attention like they do its wrong and it neeeds to stop before its to late!
May 17, 2012
That's a totally different story in which I would agree with you. If they are prosecuting for the drug possession (note that admitted past drug use does not count here) then yes, they should take measures. But the article did not mention that is what he is being charged with. And again, we do not arrest people who admit to drug use and accuse them of crimes. We arrest people for possession or distribution. but if he was in the hospital and admitted to use, there is no way to know how he got it and unless he wants to admit to those possible crimes, then there is no reason to prosecute. If you have ever watched Intervention, there are some situations where the addict is given the drugs by loved ones that think they are helping them by not having them on the streets committing crimes in which case the
May 17, 2012
My point exactly. they have an illness that could possibly harm others but we do not force them to take meds or institutionalize them until they do. Do I agree with his decision to refuse treatment, no. But do I agree with arresting him, no. Do I agree with quarantining him, yes.
May 17, 2012
BTW in the USA Today article it stated that this guy is not contagious and the meds they want him to take is to help keep him that way. So in this case, as of now he is not a health risk to the public
May 17, 2012
Alert Homeland Security. He is a terrorist. And stupid, too.
May 17, 2012
Totally agree Ashley. If you noticed, it was a COUNTY nurse that reported it. That means he's already sucking up taxpayer dollars for whatever care he is getting. I have been working for 47 years, paid taxes, for 47 years, NEVER collected a dime of public assistance, and am really sick of seeing my tax dollars go for those who are so irresponsible! As a nurse, I've seen it all and the abuse of the system is incredible. There are MANY people who legitimately need the help, which is what the system was designed to do, and I have no qualms about that. Unfortunately, the leeches always get the help, at our expense, and the working poor go without because they are trying to make a go of it on their own. Some reward huh?
May 17, 2012
Fuck all you people, land of the free my ass.Those willing to trade freedom for safety deserve neither. Benjamin Franklin.
May 17, 2012
Trudy Strand Careful you don't have a disease you should be locked up for – Last time I checked we were still a free country – The g uy may very well be an idiot but what happened to PRO-CHOICE?
May 17, 2012
Crazy!!!
May 17, 2012
You all sound like Nazis. Next thing you know, you'll be locking people up for having a common cold. Are you also advocating jailing people with HIV?
May 17, 2012
According to a different article on the same subject, this guy isn't currently contagious and is no threat to the public!
May 17, 2012
TB is only contagious when the carrier has active disease and is in close, constant contact with others. It's estimated that around 20% of the US population is infected with TB while not necessarily active and infectious. This jailing thing is reminds me of the Japanese internment camps…scary.
May 17, 2012
The other question is this (assuming, for the moment, that everything the authorities claim is true): If this guy is being placed in jail to purportedly protect the general public from infection, what's protecting the other inmates? I understand that they're (at least sometimes) in jail for breaking the law, but why does that mean it's OK to expose them to a potentially deadly disease? I'm no fan of criminals, but they're already paying for their crimes by rotting in jail, without being turned into walking Petri dishes.
May 17, 2012
Once you start on the meds and take them daily, the coughing stops as well as the spitting up. Millions of people walk around with it and don't even know they have it. If someone coughs in your face or sings in your face, or sneezes, that is how you get it. It can't come from using someone's glass or personal items. My husband was infected. But our doctor told us if people would take the medication everyday until finished it won't spread.
May 17, 2012
HIV is not an airborne disease, so no, I do not believe you should lock up people with HIV. The common cold is cureable (in the sense that it goes away on it's own, rarely with any permanent damage to the infected) and generally doesn't kill anyone infected. TB can become active with no notice and no increase or appearance of symptoms. Doctors most likely want to treat him with the antibiotics because a chest xray has shown extensive disease in the lungs. A 6 – 9 month anti biotic regimen is necessary to help clear the lung fields and reduce/eliminate the chance of spread.
May 17, 2012
yes, but meth doesn't cause a positive PPD test and positive chest xray results.
May 17, 2012
Most cases of Leprocy in the US are caused by the infected not having good enough hygiene practices. A lot of drug users get this one too. We can't blame every thing on Mexico.
May 17, 2012
you might nto see it that way but i do and you wont change my mind so dont try
May 17, 2012
The common cold and HIV kill more people than TB does. The man may be an inconsiderate fool but he is free to choose. Sound familiar?
May 17, 2012
I'm not advocating lock up for all diseases, and I hate having to give the government more control, but if a person won't take personal responsibility for a disease they have, like TB, then someone has to be an advocate for those around him/her. What about my rights NOT to be infected by someone who knows they put other people at risk? If you are sitting next to him on an airplane, at a restaurant, on a bus, etc. and he coughs or sneezes and you inhale the droplets, it puts you at high risk of being infected. Would you have the same opinion then? Oh, and BTW, what does PRO-CHOICE have to do with this?
May 17, 2012
oh and ere do ya think there gettin the drugs from ummmm let me guess MEXICO!!!!!!
May 17, 2012
where'
May 17, 2012
There could already be infected people on your bus or restaurant that don't know they are. We don't all wear sandwich boards advertising our health stats. And again, one article stated that he is not contagious but the meds they want him to take that he is to keep his disease from becoming contagious. Do I agree with him and think it is ok to walk around sick, no. But I agree with "shoving a pill down his throat"? No.
May 17, 2012
Booooo Kitty – You're scary and sound kind of ignorant.
May 17, 2012
It is against the law to be non complient when you are under treatment for TB because it can quickly develop into multi drug resistant TB. They are running out of drugs that will treat TB and these drastic measures were put into place for public safety…. its a very serious problem
May 17, 2012
nope that wouldbe you!!!
May 17, 2012
you see im an american who realises whats really going on in this country i dont turn a blind eye to whats goin on here i wont befooled by illegals or our government i for one am tired of supporting these leaches on american society!!
May 17, 2012
You are surrounded by health threats coming at you from everywhere all day long. Just driving your car to the store puts you at more risk than sitting next to a person with TB. Are you going to start jailing people who don't use a turn signal? What do you mean what does Pro-Choice have to do with this? Only everything! Are you familiar with Roe vs Wade? Do you know why abortion is legal? Do you recognize the phrase: "Keep your laws off my body" How about privacy? Freedom to choose to do something to MY body and not have the law tell me what to do with MY body. That's what is has to do with pro-choice. (I happen to be pro-life btw).
May 17, 2012
I understand the public health concern, and like I said, the man may be an inconsiderate fool but he has the right to choose. We can't just be locking people up left and right.
May 17, 2012
Georgetown University public health law professor Lawrence Gostin told the Associated Press:
“I think it’s an error to confine someone in the criminal justice system for a public health crime. The whole intention is to protect the public’s health. It’s not to lay blame on someone.”
Read more at http://www.inquisitr.com/238090/tuberculosis-patient-put-in-jail-for-refusing-treatment/?fb_comment_id=fbc_10150786446342203_21542826_10150787166447203#gYMi6Apv50zzj9vO.99
May 17, 2012
Georgetown University public health law professor Lawrence Gostin told the Associated Press:
“I think it’s an error to confine someone in the criminal justice system for a public health crime. The whole intention is to protect the public’s health. It’s not to lay blame on someone.”
May 17, 2012
Castro locked up HIV patients in the 80-90's ….maybe still does it
May 17, 2012
You have a choice when it is a disease that will only kill you …TB is a serious problem , when I interned in NY 30% of my TB patients were drug resistant . TB , syphillis and small pox whiped out 50% of the native american population in America when the Europeans came . Just because we have it under relative control doesn't diminish the seriousness of the issue . If left unchecked it has a history of whiping out entire populations .
May 17, 2012
"You have a choice when it is a disease that will only kill you …" That's not what Roe vs Wade says.
May 17, 2012
Alcoholism also kills others and the list is endless. I'm suspecting a private prison industry conspiracy.
May 17, 2012
Alcoholism also kills others and the list is endless. I'm suspecting a private prison industry conspiracy.
May 17, 2012
TB has nothing to do with Roe v Wade and pregnancy is not a disease and not contagious .
May 17, 2012
TB has nothing to do with Roe v Wade and pregnancy is not a disease and not contagious .
May 17, 2012
Being put in jail for refusing TB meds has everything in the world to do with choice, privacy, my body, killing an innocent person and Roe v Wade.
May 17, 2012
Being put in jail for refusing TB meds has everything in the world to do with choice, privacy, my body, killing an innocent person and Roe v Wade.
May 17, 2012
While fully acknowledging the dilemma of the public health problem, your arguments would lead to general imprisonment for a wide variety of personal lifestyle preferences that are even more of an immediate public health hazard. Just because we have them in relative check, as you say, does not mean they are not urgent and serious public health issues. Are we going to start jailing everybody now?
May 17, 2012
Measles are highly contagious and yet parents are allowed to choose if they want vaccinations for their kids. There were also articles stating that the CDC wanted to do forced quarantines in Florida and Iowa in 2009 for the H1N1 scare. Maybe when it's your rights that are taken away you will feel differently. Humans have a natural fear of others' illness and is a survival mechanism. I was even taught once by a police safety lecture that if I think someone might attack me I should pretend to vomit. Humans naturally want to get away from that sound (Emetophobia). I am sure in other countries they separate the sick from the herd, but this is America!
May 17, 2012
I think the only way to approach the legal side of this problem is like traffic court, not criminal. One could/should be fined for non-compliance, not imprisoned…but then there's that contempt of court for not paying your fines problem…
May 17, 2012
I can not say I 100% disagree with you. I do believe we need immigration reform, and I do NOT believe that "illegals" (for lack of a better word) should be allowed to receive any form of government assistance (no matter what country they are from (this means you, you crazy Canadians) lol). But I also understand that our drug problem is not Mexico or South Americas fault, any more than it is the fault of the drug dealer on the corner if your kid is an addict. Especially where Meth is concerned. We can originally blame the Japanese for diriving it from epinephrine, but today it is mostly made, distributed and consumed by white American people.
May 17, 2012
Another important thing that has not been mentioned yet is that by arresting this guy, it might deter others from seeking treatment. So someone else is afraid to even go to the hospital and they get sicker and sicker and share it with their friends/family and they spread it….
May 17, 2012
So lets make people afraid to seek treatment and they get sicker and spread the disease to more people before being forced to go to the hospital. In Nazi Concentration camps, prisoners were afraid to cough b/c that meant certain death.
May 18, 2012
Has anyone here actually read the article "he refused to take medication that would keep his pulmonary tuberculosis from BECOMING CONTAGIOUS." He is NOT contagious, are we so scared that we have to quarantine people because the MIGHT become contagious? When will the HIV patients start being rounded up? Slipper slope anyone?
May 18, 2012
There are drug resistant strains of tuberculosis. I'm a firm believer in people keeping their butts home when they are sick, and should not get out into crowds with an infectious disease especially if it is airborne. Contact diseases are just as bad, the last person using that shopping cart could have had the shingles, or they could have put their chicken pox infected kid in the seat. The people refusing treatment, and vaccines for infectious diseases are jackasses that are a threat to everyone they come into contact with, and if it takes a forced quarantine then that's what should be done in all cases… at gun point if necessary.
May 18, 2012
Careful with that gun. When you threaten people's freedom you might find one pointing back at you.
May 18, 2012
People should not have the freedom to spread infectious diseases.
May 18, 2012
…nor the arrogance to imprison the sick. Disease spreads in jail too. Nature is free.
May 18, 2012
…but they do. If he willfully infects you using his disease as a weapon, then there is a crime. Being sick and refusing treatment is his right. You can't jail him for that.
May 18, 2012
If a person with an infectious disease insists on getting out in public then they should be isolated (that's actually the proper term instead of quaranteen until they are no longer infectious. People who refuse vaccines should be heavily fined. It's arrogance for an infectious person to insist on getting out into public.
May 18, 2012
Won't argue with that Steven but the law should lay off of people's private bodies.
May 18, 2012
It's not a private affair when an infectious person goes into public. It's like pointing a firearm at people, and randomly firing off rounds. If they want to keep it private then they need to keep it that way, stay out of public, and stay home until either the infectious state passes, or they die from their disease if they refuse treatment. I'll volunteer to stand outside, and keep them inside at gunpoint if necessary. It only takes one person to start a pandemic, more diseases are becoming drug resistant, and statistically we (humans as a whole) are overdue for one. With the current state of rapid transportation a pandemic won't kill just 21.5 million people like the flu pandemic of 1918-1919. The death toll the next time around will be counted in the hundreds of millions if not a billion or two.
May 18, 2012
Did you even read the article? He was not contagious. And like I said, careful with that gun…kills more people than TB and will get you locked up quicker too.
May 18, 2012
Plus you obviously know little to nothing about TB – It is not highly contagious. It's actually pretty neglectful to live in the same space with someone coughing blood and not get away from them.
May 18, 2012
Evidently my last post was above the head of the moderator.
May 18, 2012
Ignorance and hype are far more dangerous than any infectious disease and statistically, have killed many more people. Read about TB:
http://www.cdc.gov/tb/topic/basics/
May 18, 2012
You are an American that can't spell!!! This country has a bigger problem with the education system than TB patients.
May 18, 2012
Kitty E Stroup Oh, and just because his name is Hispanic, does not mean he is here illegally! Bigot
May 18, 2012
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May 19, 2012
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May 24, 2012
lauren it people like you that add to the problem we have here in the unitd states so if ya dont like what i have to say go back to mexico with your new friend the tb boy ,because i dont care what you think of me i have a right to my opnion so go stuff yer sdlf
May 24, 2012
self
May 24, 2012
if you want to support t hese ass holes that are here in the usa be my guest but i for one am sick of it and want them to go back were they belong so i dont have to support their asses any more!
May 24, 2012
First off I am 3rd generation American so there is no going back anywhere for me. This is my country! Second, what would you have said if this was a story about a Caucasian male who is 5th generation American from North Carolina whose great-great grandfather fought in the Civil War?. Would you tell him to go back to England? Just because this guy is of Hispanic decent, that does not mean he was born in Mexico and is here illegally. Jeez, do you assume that all black people were born in Africa and swam here too? I am not even going to get into immigration with you because I am sure we will not agree and yes you have a right to your opinions on that, but if you are just going to make racial comments/judgements about people with absolutely NO facts (and I am only talking about you saying this guy is here illegally from Mexico which he may be but you have NO proof of that and) then I will tell you off and YOU are the problem not me. Sometimes I am ashamed of being a white woman, because then I get categorized with you. Please don't home school your kids!! Oh, and you still can't spell or use grammar!!
May 24, 2012
you no what lil girl your not worth my time grow up and realise whats going on in this country illegal are destroying this country and people like you ar e helping them do it and i dont give a rats ass what you think of my spelling it dosent matter what you think your just a stupid lil grl who refuses to open her eyes to the truth so f off !!!
May 24, 2012
Umm, I'm 30, but thank you. You need to realize that the federal government is what is screwing up this country. Illegal immigration is an issue and needs to be reformed but you have no idea what you are talking about as it is a drop in the bucket of our 3 trillion dollar deficit. I have friends that are here illegally and they do not commit any crimes and they pay taxes (yes they have a tax ID number and help pay for the roads you drive and the schools your attend, yet they are too afraid to use those schools themselves or call the police when they have been victims of crimes. And yes there are those that take advantage of the system, but so do plenty of Americans). You should be more concerned with the large population of American citizens on welfare that are having multiple children they can't support and are taking your tax dollars. Or maybe you should be concerned about excessive & unnecessary government spending (defense, bailouts, big business lobbyists, ect) And the next thing you should worry about is that this nation is ranked 33 in reading scores (Mexico was 31!!) We are now in a global economy and when your kids go for job interviews for the few jobs that will be available, do you think they are going to get hired when they can't read or do math? Just in your last comment there were 6 spelling/grammar errors and no punctuation except the last three exclamation marks. Yet, you call ME stupid!?!
May 24, 2012
Trust me, getting rid of illegal immigrants will not solve all of America's problems. It will probably make things worse actually.
May 24, 2012
no it wont i see your pretty stupid!! AND I KNOWEXCATLY WHAT IMTALKING ABOUT SO F OFF
May 24, 2012
No you don't. I have a BA and graduated with honors and work for a non-profit charity that helps blind people. You are just a dumb housewife popping out kids and can't see past your own nose. I can't wait for the day that your rights are taken away due to your heritage which you have no control over. Or due to the stupidity of others and stereotypes! You are a racist bigot and I just hope your kids are smarter than you and don't inherit your stupidity!!! Turn off Fox news and read a newspaper with actual journalists. You realize that Rush and Newt and Mitt just tell you what you want to hear. They just perpetuate your stupid racist beliefs.
May 24, 2012
Kitty E Stroup At least I know the difference between Your/You're, There/Their/They're, and No/Know. But here is a little website to help you out: http://theoatmeal.com/comics/misspelling
Jun 23, 2012
But why should the guards at the jail be exposed to his disease, I say put him on hospital arrest let the hospital take care of him where they have what they need to keep other people safe.