Man held in jail after testing positive for tuberculosis

FRESNO, Calif. (KFSN) -- A Fresno County man is in jail because county officials say he's a potential health risk to the community. County health officials say he's infected with tuberculosis.

They're not sure if the infection has turned into the contagious disease yet. And they won't know until he gets a chest X-ray, which the man is refusing.

"It's a very severe disease," said Dr. Kenneth Bird, the county's interim health officer. "50 percent die if it's not treated."

Dr. Bird says the man's name, age or where he's from cannot be released because of confidentiality laws. He said the man's doctor reported him after testing positive on a TB skin test.

"We know he's been infected," Bird said. "We also understand that he declined treatment for that infection when it was diagnosed as an infection and we know also that recently he's developed symptoms that could indicate that he has the disease."

Bird says the man faces up to a year in jail if it's found he violated the health order for further testing. He was taken into isolation after a 7-day grace period to comply or appeal the order. He'll see a judge soon to determine if he'll remain in jail.

ABC30 legal analyst, Tony Capozzi, says the county has every right to isolate the man. "You have to weigh the individual rights as to society's rights," he said. "And the protection of society and the protection of public safety, that trumps the individual right in this case."

15 years ago a Laotian refugee was held for 10 months in a Fresno County cell because she refused TB treatment. The attorney that prosecuted the case tells Action News a translator inadvertently convinced the woman the treatment could kill her.

A judge later ruled she was wrongfully held. After her release, she sued the county and won.

These cases are rare. Two other Fresno County residents have been held for refusing TB treatment in the past 8 years.

The county hopes this man being held here tonight will decide to get the chest x-ray and treatment, if needed.

The health department cannot force anyone into treatment.