Direct Threat Law and Legal Definition

Direct threat is defined as a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aides or services. A court must ask whether treating the infected patient without precautionary techniques would pose a significant risk to the heath or safety of others. Whether a particular risk is significant depends on: a) the nature of the risk (how the disease is transmitted), (b) the duration of the risk (how long is the carrier infectious), (c) the severity of the risk (what is the potential harm to third parties) and (d) the probabilities the disease will be transmitted and will cause varying degrees of harm. [Bragdon v. Abbott, 524 U.S. 624, 662 (U.S. 1998)]