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 or submitted by the tuberculosis control officer or the local health officer and approved by the court:

1. Participate in a designated education program.

2. Participate in a designated counseling program.

3. Participate in a designated treatment program.

4. Undergo medically accepted tests to verify the status of the afflicted person.

5. Undergo a program of directly observed therapy.

6. Participate in a program to notify or appear before designated health officials for verification of status, testing or other purposes consistent with monitoring.

7. Comply with an order that the afflicted person refrain from conduct that is a health threat to others or to the community.

8. Comply with an order that the afflicted person undergo isolation or quarantine at an approved facility, location or setting for the period and under the conditions set by the court and as approved by the department, the tuberculosis control officer or the local health officer.

9. Comply with an order that the afflicted person be committed to an appropriate facility for the period and under the conditions set by the court and as approved by the department, the tuberculosis control officer or the local health officer.

10. Comply with any other order the court determines is necessary and appropriate.

B. The court may approve the afflicted person's participation in a voluntary treatment program and may approve and order participation in a voluntary program under the terms prescribed by the court pursuant to this section. A person who accepts a voluntary treatment plan remains under the jurisdiction of the court for the purposes of court ordered examination, treatment, monitoring, isolation or quarantine. The terms prescribed by the court may incorporate the terms of a voluntary treatment plan that shall include provisions for the medically successful complete course of antituberculosis treatment.

C. The court shall order the least restrictive measures that are necessary for the examination, treatment, monitoring, isolation or quarantine of the afflicted person and that will effectively protect the public health and provide appropriate care for the afflicted person. In ordering the least restrictive measures necessary, the court shall also consider input from an afflicted person's parent or guardian, if the afflicted person is a minor or incapacitated person.

D. If the court enters an order pursuant to this section it shall designate a facility or program to supervise the afflicted person and administer the court's order.

E. The director of a facility or program assigned by the court shall only use the services of any person, institution or program that has agreed to provide these services in the afflicted person's case and only if the local health agency or department determines that the person, institution or program is competent to do so.

F. The person, facility or program assigned to supervise the afflicted person pursuant to the court's order issued pursuant to this section shall be notified at least three days before a referral. The petitioner, the tuberculosis control officer or the local health officer recommending the referral and the person, institution or program shall share relevant information about the afflicted person to promote the health and safety of the public and to provide effective intervention and continuity of treatment.

G. On a motion by the director of the afflicted person's assigned institution or program or on a motion by the petitioner, the tuberculosis control officer or the local health officer, the court after a hearing may amend or alter its original order if it determines that any of the following is true:

1. The afflicted person is not complying with the terms of its original order.

2. The designated treatment plan is no longer appropriate.

3. Further observation, examination, treatment, isolation or quarantine is required.

H. If an afflicted person refuses to comply with any order or amended order issued pursuant to this section, the court may issue additional orders necessary to address and correct the afflicted person's noncompliance and may direct a sheriff or law enforcement officer, on the request of the tuberculosis control officer or local health officer, to take the afflicted person into custody and to oversee and ensure the transport of the person to a designated institution or program. At the option of the tuberculosis control officer or the local health officer, an afflicted person may be transported by a health care provider, emergency medical services personnel, a physician, ambulance personnel, an ambulance service, guardian, conservator, parent, custodian, relative or friend to a designated institution or facility. A sheriff or law enforcement agency shall maintain custody of the afflicted person until the afflicted person is delivered to the institution or facility specified in the order or to an alternate institution or facility approved by the department, the tuberculosis control officer or the local health officer.

I. On issuance of an order or an amended order issued pursuant to this section, the afflicted person shall be informed of the right to appeal and the right to consult with an attorney.

J. If any afflicted person who is under court ordered examination, monitoring, treatment, isolation or quarantine issued pursuant to this article is absent without proper authorization from a designated facility or program or if a court order is amended, rescinded or modified, a sheriff or law enforcement officer may be directed by the tuberculosis control officer or the local health officer to take the afflicted person into custody and to oversee and ensure the transport of the afflicted person to a designated and approved institution or program.

K. The period of court ordered examination, monitoring, treatment, isolation or quarantine does not run during any unauthorized absence from the jurisdiction or from any required monitoring or supervision. The period resumes only on the afflicted person's voluntary or involuntary return to the designated facility or program.

L. Except as provided in this section, court ordered examination, treatment, monitoring, isolation or quarantine shall not exceed three hundred sixty-five days.