New York State Society of Surgeons v. Axelrod, 77 N.Y.2d 677 (1991)
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Public health officials have discretion in determining which communicable or sexually transmissible diseases to list in the Sanitary Code, based on their assessment of the effectiveness and practicality of control measures and the potential impact on public cooperation.
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Summary
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The New York State Society of Surgeons petitioned to compel the Commissioner of Health to list HIV infection as a communicable and sexually transmissible disease. The Commissioner refused, arguing it would be counterproductive. The Court of Appeals affirmed the lower courts’ dismissal of the petition, holding that the decision to list a disease is discretionary. The Court found the Commissioner’s decision rational, considering the unique challenges of controlling HIV and the potential for mandatory measures to undermine public cooperation, which is crucial for voluntary testing and counseling.
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Facts
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The New York State Society of Surgeons, representing physicians, requested the Commissioner of Health to add HIV infection to the list of communicable and sexually transmissible diseases. The Commissioner denied the request, stating that designating HIV would be counterproductive to public health. The Commissioner reasoned that listing HIV would discourage cooperation from affected individuals and compromise confidentiality. HIV is transmitted through sexual contact, intravenous drug use, or infected blood. There is no known cure for AIDS, the disease caused by HIV.
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Procedural History
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The Society initiated a CPLR article 78 proceeding challenging the Commissioner’s decision. Supreme Court dismissed the petition. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal and affirmed the Appellate Division’s order.
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Issue(s)
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1. Whether Public Health Law §§ 225(5)(h) and 2311 impose a mandatory duty on the Commissioner of Health to list HIV infection as a communicable and sexually transmissible disease.
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2. Whether the Commissioner’s decision not to list HIV infection as a communicable and sexually transmissible disease was arbitrary and capricious.
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Holding
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1. No, because the language of the statutes uses permissive terms like