Authorities in California took the unusual step of jailing and charging a tuberculosis patient who they say refused to take medication to keep his disease from becoming contagious.

Health officials said Armando Rodriguez, 34, of Stockton has active pulmonary tuberculosis, which can include coughing up blood or phlegm and can spread through the air.

Rodriguez has been noncompliant with his treatment and could become contagious as a result, Ginger Wick, nursing director for San Joaquin County, said in a letter requesting a warrant for Rodriguez’s arrest.

After failing one time to give himself the drugs, Rodriguez told a nurse he had gone on an alcohol binge and taken methamphetamine and didn’t want to hurt his liver, Wick said in her letter.

Rodriguez was arrested Tuesday and is expected to be arraigned Thursday on two misdemeanor counts of refusing to comply with a tuberculosis order to be at home at certain times and make appointments to take his medication.

He will likely be appointed a public defender.

Tuberculosis is a bacterial infection that usually attacks the lungs. Many people have a latent form, and the active form usually only affects adults whose immune systems are compromised, which can happen from drug use.

Public health experts are divided on the issue of mandatory treatment and criminal charges for patients who don’t comply with treatment orders.

Many of those who do support criminal prosecution in the rarest of cases when public health is in jeopardy oppose the jailing of patients.

“I think it’s an error to confine someone in the criminal justice system for a public health crime,” said Lawrence Gostin, a Georgetown University public health law professor who drafted a model law adopted by several states struggling with the issue. “The whole intention is to protect the public’s health. It’s not to lay blame on someone.”

Implementing mandatory treatment should be a last resort, and prosecuting someone for disobeying a public health order is unhelpful and sends the wrong message if protecting public health is the intent, Gostin said.

Instead, the afflicted should be given incentives such as transportation to and from treatments rather than punishment as an incentive to take their medicine, he said.

The Centers for Disease Control and Prevention said laws to control the spread of tuberculosis have been in use for more than a century, though regulations differ in each state.

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