007.15.3-X. Control, Prevention and Procedures for Isolation.
AR ADC 007.15.3-XArkansas Administrative CodeEffective: January 27, 2020
Effective: January 27, 2020
Ark. Admin. Code 007.15.3-X
Formerly cited as AR ADC 007.15.3-XIII
007.15.3-X. Control, Prevention and Procedures for Isolation.
1. When the state, county, or city health officer shall have reasonable grounds to believe that any person has tuberculosis in active state or in a communicable form and who will not voluntarily seek a medical examination or treatment, the health officer is authorized to cause the person to be apprehended and detained for the necessary tests and examinations, including an approved chest X-ray, sputum examination, and other approved laboratory tests to ascertain the presence of tuberculosis.
1. If the health officer finds that the circumstances are not suitable for proper isolation or contagion control of the case by any type of local quarantine and the person will not voluntarily seek medical treatment and is a source of danger to others, then the health officer shall petition the probate court of the county where the person is found to order the admission of the person to any state-owned and operated hospital or any other hospital that is equipped to treat tuberculosis under the conditions enumerated in Ark. Code Ann. ยง 20-15-707(a).
2. The health officer shall set forth in a petition a summary of the factual basis of the determination that the circumstances are not suitable for proper contagion control of the case as an out-patient and that the person will not voluntarily seek medical treatment and is a source of danger to others.
1. Upon receiving the petition, the court shall fix a date for a hearing on the petition and shall cause notice of the petition, with the time and place for hearing to be served personally at least seven (7) days before the hearing, upon the person who is afflicted with tuberculosis and alleged to be dangerous to others.
The petition shall be heard in open court, and the respondent to the petition shall have the privilege of counsel of his own selection.
1. If upon hearing of the petition, the court finds that the circumstances are not suitable for proper isolation or contagion control of the case by any type of local quarantine and that the person will not voluntarily seek medical treatment and is a source of danger to others, the court shall order the commitment of the person to a hospital as petitioned for.
2. The superintendent of the institution may file a complaint in the municipal or justice of peace court against a person committed to the institution under the provisions of this subchapter who willfully violates the rules of the institution or who conducts himself in a disorderly manner. A person so charged shall have the legal procedural rights of a person charged with disorderly conduct.
1. The superintendent of the institution to which a person has been committed under this subchapter may discharge the person so committed upon signing and placing among the records of the institution a statement that the person has obeyed the rules of the institution and that for the reasons set forth in the statement, in his judgment the person may be discharged without danger to the health and life of others.
2. Any person committed to an institution pursuant to this subchapter, who shall leave or attempt to leave the institution without being properly discharged by the superintendent of the institution or his authorized agent, shall be guilty of a misdemeanor and upon conviction shall be imprisoned for a period of not less than six (6) months nor more than one (1) year.
Credits
Eff. Aug. 20, 2009. Amended Jan. 27, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.15.3-X, AR ADC 007.15.3-X
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