Before 2012, the last time the CDC had updated the policy was in 1991, and officials said the new recommendations reaffirm that hepatitis should not serve as a reason for restricting the practice or study of surgical, dental, medical and allied health fields. The updated policy suggests, among other revisions, that hospitals and schools don't have to pre-notify patients that a clinician suffers from hepatitis. Such discrimination is a violation of the Americans with Disabilities Act. Between 800,000 to 1.4 million in the U.S. have hepatitis B, according to the government.
The letter notes several recent instances where people with hepatitis have been threatened with dismissal or have been fired. The letter also mentioned that the agencies are investigating other discriminatory complaints and that the schools don't have to allow students to participate in particular activities if they pose a direct threat to the health and safety of others: “Schools must make an individualized assessment, based on a reasonable judgment that relies on current medical knowledge or on the best available objective evidence.”
Officials noted a March settlement that stemmed from a case that started in 2011 when two students applied and were accepted to the University of Medicine and Dentistry of New Jersey School. The school revoked their acceptance after discovering they were diagnosed with hepatitis B. Neither student was to perform invasive surgeries, so the Justice Department ruled the school had no basis for revoking the acceptances.
Terms of the March settlement required UMDNJ to adopt a disability-rights policy in step with the updated CDC recommendations, as well as to allow the rejected students to enroll. The school also had to train staff in ADA compliance, as well as pay the students a total of $75,000, including tuition credits.
A spokeswoman for the Department of Education's Office for Civil Rights could not say how many schools will receive letters.
Follow Ashok Selvam on Twitter: @MH_aselvam
