§ 32.1-48.02. Investigations of verified reports or medical evidence;counseling; outpatient and emergency treatment orders; custody upon emergencyorder; application of article.
A. Upon receiving at least two verified reports or upon receiving medicalevidence that any person who is reputed to know that he is infected with acommunicable disease of public health significance is engaging in at-riskbehavior, the Commissioner or his designee may conduct an investigationthrough an examination of the records of the Department and other medicalrecords to determine the disease status of the individual and that there iscause to believe he is engaging in at-risk behavior.
B. If the investigation indicates that the person has a communicable diseaseof public health significance caused by a non-airborne microorganism and thatthere is cause to believe he is engaging in at-risk behavior, theCommissioner or his designee may issue an order for such person to report tothe local or district health department in the jurisdiction in which heresides to receive counseling on the etiology, effects and prevention of thespecific disease of public health significance. The person conducting thecounseling shall prepare and submit a report to the Commissioner or hisdesignee on the counseling session or sessions in which he shall documentthat the person so counseled has been informed about the acts that constituteat-risk behavior, appropriate precautions, and the need to use appropriateprecautions. The counselor shall also report any statements indicating theintentions or understanding of the person so counseled.
C. If the investigation, described in subsection A, indicates that the personhas a communicable disease of public health significance caused by anairborne microorganism, such as tubercle bacillus, that causes seriousdisease and can result in death and that the person has refused or failed toadhere to a prescribed course of treatment and, despite counseling, isengaging in conduct that places uninfected persons at risk of contractingsuch airborne communicable disease of public health significance, theCommissioner or his designee may issue an outpatient treatment order for suchperson to report to the local or district health department in thejurisdiction in which he resides to receive appropriate outpatient treatmentand education concerning his disease.
D. If the investigation, described in subsection A, indicates that the personhas a communicable disease of public health significance caused by anairborne microorganism, such as tubercle bacillus, which causes seriousdisease and can result in death and, despite documented and appropriatecounseling, is engaging in conduct that unreasonably places uninfectedpersons at risk of contracting such airborne communicable disease of publichealth significance, such as tuberculosis, and medical data demonstrate thathe poses an imminent threat to the health of others, the Commissioner mayissue an emergency order requiring such person to be taken immediately intocustody and placed, for a period, not to exceed 48 hours, in the leastrestrictive, willing facility providing protection of the health of othersand appropriate treatment to the person upon finding that at least one of thefollowing conditions is met:
1. The person has refused or failed to report to the local health departmentafter having been ordered to do so pursuant to subsection C, for appropriateoutpatient treatment and education concerning his disease;
2. The person has a documented history of failure to adhere to a prescribedcourse of treatment; or
3. Documentation exists that the person has indicated that he will not complywith the prescribed treatment.
If the specified 48-hour period terminates on a Saturday, Sunday or legalholiday, such person may be detained until the next day which is not aSaturday, Sunday, or legal holiday. During this period, the Commissionershall proceed in accordance with § 32.1-48.03.
E. In order to implement an emergency order issued pursuant to subsection Dof this section, all state and local law-enforcement officers are authorizedto take custody of the subject of such emergency order immediately uponissuance of the emergency order by the Commissioner.
F. The provisions of this article shall only apply to communicable diseasesof public health significance and shall not apply to communicable diseases ofpublic health threat.
(1990, c. 958; 1993, c. 705; 2001, c. 837; 2004, cc. 773, 1021.)
§ 32.1-48.02. Investigations of verified reports or medical evidence;counseling; outpatient and emergency treatment orders; custody upon emergencyorder; application of article.
A. Upon receiving at least two verified reports or upon receiving medicalevidence that any person who is reputed to know that he is infected with acommunicable disease of public health significance is engaging in at-riskbehavior, the Commissioner or his designee may conduct an investigationthrough an examination of the records of the Department and other medicalrecords to determine the disease status of the individual and that there iscause to believe he is engaging in at-risk behavior.
B. If the investigation indicates that the person has a communicable diseaseof public health significance caused by a non-airborne microorganism and thatthere is cause to believe he is engaging in at-risk behavior, theCommissioner or his designee may issue an order for such person to report tothe local or district health department in the jurisdiction in which heresides to receive counseling on the etiology, effects and prevention of thespecific disease of public health significance. The person conducting thecounseling shall prepare and submit a report to the Commissioner or hisdesignee on the counseling session or sessions in which he shall documentthat the person so counseled has been informed about the acts that constituteat-risk behavior, appropriate precautions, and the need to use appropriateprecautions. The counselor shall also report any statements indicating theintentions or understanding of the person so counseled.
C. If the investigation, described in subsection A, indicates that the personhas a communicable disease of public health significance caused by anairborne microorganism, such as tubercle bacillus, that causes seriousdisease and can result in death and that the person has refused or failed toadhere to a prescribed course of treatment and, despite counseling, isengaging in conduct that places uninfected persons at risk of contractingsuch airborne communicable disease of public health significance, theCommissioner or his designee may issue an outpatient treatment order for suchperson to report to the local or district health department in thejurisdiction in which he resides to receive appropriate outpatient treatmentand education concerning his disease.
D. If the investigation, described in subsection A, indicates that the personhas a communicable disease of public health significance caused by anairborne microorganism, such as tubercle bacillus, which causes seriousdisease and can result in death and, despite documented and appropriatecounseling, is engaging in conduct that unreasonably places uninfectedpersons at risk of contracting such airborne communicable disease of publichealth significance, such as tuberculosis, and medical data demonstrate thathe poses an imminent threat to the health of others, the Commissioner mayissue an emergency order requiring such person to be taken immediately intocustody and placed, for a period, not to exceed 48 hours, in the leastrestrictive, willing facility providing protection of the health of othersand appropriate treatment to the person upon finding that at least one of thefollowing conditions is met:
1. The person has refused or failed to report to the local health departmentafter having been ordered to do so pursuant to subsection C, for appropriateoutpatient treatment and education concerning his disease;
2. The person has a documented history of failure to adhere to a prescribedcourse of treatment; or
3. Documentation exists that the person has indicated that he will not complywith the prescribed treatment.
If the specified 48-hour period terminates on a Saturday, Sunday or legalholiday, such person may be detained until the next day which is not aSaturday, Sunday, or legal holiday. During this period, the Commissionershall proceed in accordance with § 32.1-48.03.
E. In order to implement an emergency order issued pursuant to subsection Dof this section, all state and local law-enforcement officers are authorizedto take custody of the subject of such emergency order immediately uponissuance of the emergency order by the Commissioner.
F. The provisions of this article shall only apply to communicable diseasesof public health significance and shall not apply to communicable diseases ofpublic health threat.
(1990, c. 958; 1993, c. 705; 2001, c. 837; 2004, cc. 773, 1021.)
§ 32.1-48.02. Investigations of verified reports or medical evidence;counseling; outpatient and emergency treatment orders; custody upon emergencyorder; application of article.
A. Upon receiving at least two verified reports or upon receiving medicalevidence that any person who is reputed to know that he is infected with acommunicable disease of public health significance is engaging in at-riskbehavior, the Commissioner or his designee may conduct an investigationthrough an examination of the records of the Department and other medicalrecords to determine the disease status of the individual and that there iscause to believe he is engaging in at-risk behavior.
B. If the investigation indicates that the person has a communicable diseaseof public health significance caused by a non-airborne microorganism and thatthere is cause to believe he is engaging in at-risk behavior, theCommissioner or his designee may issue an order for such person to report tothe local or district health department in the jurisdiction in which heresides to receive counseling on the etiology, effects and prevention of thespecific disease of public health significance. The person conducting thecounseling shall prepare and submit a report to the Commissioner or hisdesignee on the counseling session or sessions in which he shall documentthat the person so counseled has been informed about the acts that constituteat-risk behavior, appropriate precautions, and the need to use appropriateprecautions. The counselor shall also report any statements indicating theintentions or understanding of the person so counseled.
C. If the investigation, described in subsection A, indicates that the personhas a communicable disease of public health significance caused by anairborne microorganism, such as tubercle bacillus, that causes seriousdisease and can result in death and that the person has refused or failed toadhere to a prescribed course of treatment and, despite counseling, isengaging in conduct that places uninfected persons at risk of contractingsuch airborne communicable disease of public health significance, theCommissioner or his designee may issue an outpatient treatment order for suchperson to report to the local or district health department in thejurisdiction in which he resides to receive appropriate outpatient treatmentand education concerning his disease.
D. If the investigation, described in subsection A, indicates that the personhas a communicable disease of public health significance caused by anairborne microorganism, such as tubercle bacillus, which causes seriousdisease and can result in death and, despite documented and appropriatecounseling, is engaging in conduct that unreasonably places uninfectedpersons at risk of contracting such airborne communicable disease of publichealth significance, such as tuberculosis, and medical data demonstrate thathe poses an imminent threat to the health of others, the Commissioner mayissue an emergency order requiring such person to be taken immediately intocustody and placed, for a period, not to exceed 48 hours, in the leastrestrictive, willing facility providing protection of the health of othersand appropriate treatment to the person upon finding that at least one of thefollowing conditions is met:
1. The person has refused or failed to report to the local health departmentafter having been ordered to do so pursuant to subsection C, for appropriateoutpatient treatment and education concerning his disease;
2. The person has a documented history of failure to adhere to a prescribedcourse of treatment; or
3. Documentation exists that the person has indicated that he will not complywith the prescribed treatment.
If the specified 48-hour period terminates on a Saturday, Sunday or legalholiday, such person may be detained until the next day which is not aSaturday, Sunday, or legal holiday. During this period, the Commissionershall proceed in accordance with § 32.1-48.03.
E. In order to implement an emergency order issued pursuant to subsection Dof this section, all state and local law-enforcement officers are authorizedto take custody of the subject of such emergency order immediately uponissuance of the emergency order by the Commissioner.
F. The provisions of this article shall only apply to communicable diseasesof public health significance and shall not apply to communicable diseases ofpublic health threat.
(1990, c. 958; 1993, c. 705; 2001, c. 837; 2004, cc. 773, 1021.)
