36-723

36-723. Investigation of tuberculosis
cases

A. When a local health officer is notified that an afflicted person is within the
officer's jurisdiction, the local health officer shall immediately initiate an
investigation. In performance of the duty to prevent or control tuberculosis, the
tuberculosis control officer or local health officer at reasonable times and within
reasonable limits may enter and inspect:

1. A public place in the performance of that person's duty to prevent or control
tuberculosis. For the purposes of this paragraph, "public place" means all or any
portion of an area, lands, building or other structure that is generally open to the
public or to which the public has access and is not used primarily for private
residential purposes.

2. Any public or commercial means of transportation or common carrier, including a
vehicle, watercraft or aircraft in the performance of that person's duty to prevent or
control tuberculosis.

3. Private property and premises to locate and inspect persons who may be afflicted
persons. The tuberculosis control officer or the local health officer shall first
identify the officer to an occupant of the building or premises and shall seek the
consent of an adult occupant to enter the building or premises to enforce the provisions
of this article. If consent is refused or if it is not possible to reasonably obtain
consent, the tuberculosis control officer, the local health officer or a designated
representative may obtain a search warrant to enter the building or premises to locate
the afflicted person and to inspect the building or premises for other persons who may be
at risk of exposure to active tuberculosis. The scope of the search shall be limited to
those areas in which the afflicted person or other persons who may be at risk of exposure
to active tuberculosis may reasonably be found. any search warrant sought by the
tuberculosis control officer or local health officer shall be obtained in compliance with
section 13-3912.

B. A local health officer who conducts an investigation pursuant to this article
shall immediately notify the tuberculosis control officer of the existence and nature of
the disease and of the measures taken to control tuberculosis. The local health officer
shall keep the tuberculosis control officer informed of the prevalence of the disease as
prescribed by the department.

C. The tuberculosis control officer may take charge of the investigation and
suppression of a suspected or actual case, outbreak or epidemic of tuberculosis if the
officer reasonably believes that the public health and welfare require this action. In
that event the control officer or the control officer's designee has exclusive authority
over the case, outbreak or epidemic.

D. A treating, screening or attending health care provider as defined in section
36-661, a clinical laboratory as defined in section 36-451 or an operator of a homeless
shelter who knows of an afflicted person shall notify the tuberculosis control officer or
the local health officer and cooperate in any investigation conducted as a result of the
notification. The notification shall include, if known, the name, address and physical
location of an afflicted person. If the person reporting is a licensed physician, the
physician shall report on the condition of the afflicted person and the status of the
disease as often as required by the tuberculosis control officer or the local health
officer.

E. An institution or health care provider shall promptly report to the tuberculosis
control officer or the local health officer if an afflicted person ceases or refuses to
accept treatment or fails or refuses to comply with medical recommendations for voluntary
examination, isolation, monitoring, quarantine or treatment for active tuberculosis. The
initial disease notification report and subsequent reports shall include if known the
afflicted person's name, address and physical location, date of birth, tuberculin skin
test results and pertinent radiologic, microbiologic and pathologic reports, whether
final or pending, and any other information as required by the tuberculosis control
officer or the local health officer.