US Lawyer Database

§ 36-726 – Petition for court ordered examination, monitoring, treatment, isolation or quarantine

36-726. Petition for court ordered examination, monitoring, treatment, isolation or quarantine A. The tuberculosis control officer, the local health officer or a designated legal representative may petition the superior court for court ordered examination, monitoring, treatment, isolation or quarantine of an afflicted person who presents a substantial danger to another person or to the community […]

§ 36-727 – Hearings; procedure; confidentiality

36-727. Hearings; procedure; confidentiality A. The afflicted person or, if a minor or incapacitated person, the afflicted person’s parent or guardian and that person’s attorney have the right to be present at all hearings, subject to any conditions or procedures that are deemed appropriate or necessary by order of the court to protect the health […]

§ 36-728 – Judicial action

36-728. Judicial action A. If the court finds by clear and convincing evidence that a person is an afflicted person and presents a substantial danger to another person or to the community, the court shall order the afflicted person to do any one or more of the following pursuant to a written treatment plan developed […]

§ 36-729 – Amended orders for intervention and transport of afflicted persons

36-729. Amended orders for intervention and transport of afflicted persons A. If the tuberculosis control officer or the local health officer determines that an afflicted person who is not currently detained is in need of immediate and acute intervention or care because the afflicted person’s behavior is dangerous to another person or to the community, […]

§ 36-730 – Appointment of guardian or conservator

36-730. Appointment of guardian or conservator A. If the court determines that the afflicted person is or may be in need of a guardian or conservator, or both, it shall order an investigation concerning the need for a guardian or conservator and shall appoint a suitable person or agency to conduct the investigation. B. If […]

§ 36-731 – Confinement; selection; jails; prohibition

36-731. Confinement; selection; jails; prohibition A. After an afflicted person has been taken into custody pursuant to this article, the tuberculosis control officer or local health officer is responsible for selecting a facility or quarters suitable for the comfortable, safe and humane confinement of the afflicted person, if the person is not otherwise admitted or […]

§ 36-732 – Early release from court ordered treatment

36-732. Early release from court ordered treatment A. An afflicted person under court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article may be released before the expiration of the period ordered by the court if the petitioner or the medical director of the designated institution or program upon advice and consent from […]

§ 36-733 – Choice of physician and mode of treatment

36-733. Choice of physician and mode of treatment This article does not allow a private or public facility or agency to restrict an afflicted person’s right to choose a physician or to select the mode of treatment within the terms determined by the tuberculosis control officer or the local health officer as available and necessary […]

§ 36-734 – Treatment; exemption

36-734. Treatment; exemption A. An afflicted person is not required to undergo treatment under this article if that person depends exclusively on prayer or spiritual means for healing in accordance with the tenets and practices of a recognized church or religious denomination and claims an exemption on that ground. The requirements of this article regarding […]

§ 36-735 – Notification of rights

36-735. Notification of rights A. An afflicted person who is ordered to receive court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article or, if a minor or incapacitated person, the afflicted person’s parent or guardian shall be informed in writing of the following rights: 1. The right to appropriate care and treatment […]