Topic: State Department of Health

The State Department of Health is concerned about an apparent significant increase in the rate of hepatitis B infections among teenagers and young adults. To prevent further spread of the infection, the department promulgates new regulations requiring public schools to give students mandatory testing for the disease; suspend students who test positive; report the name, address, and age of any students who test positive; and require students under the age of 18 to report the name, address, and age of any sexual partner. The regulation also authorizes the department to request from all healthcare providers a list of patients known to be infected and to conduct unannounced inspections of healthcare providers to discover names of infected persons.

Consider the following:

1. Do you believe this new regulation is valid? Why or why not?
2. What constitutional issues do you believe are raised by the new regulation?
3. Town Free Clinic has refused to supply a list of infected patients. On what grounds might the clinic refuse to comply? Do you think it will be successful? Why or why not?