(A) When it is brought to the attention of a Department of Health and Environmental Control health officer that a person with active tuberculosis is unable or unwilling to conduct himself so as not to expose others to danger, the department shall issue an emergency order pursuant to Section 44-31-105 or file a petition in the probate court of the county in which the person resides or is situated seeking commitment of the person to a facility for isolation and treatment. In case of the absence of the health officer or the department's failure to act, any other interested person may petition the probate court for commitment of the person for isolation and treatment. A petition seeking commitment must be based on proper records and affidavits.
(B) The probate court may waive the requirement of notice to the person who is the subject of the emergency order or petition seeking commitment if the health officer demonstrates that the person is:
(1) hiding from the health department staff;
(2) evading attempts by health department staff or law enforcement to serve notice of the proceedings; or
(3) refusing to accept service of pleadings or motions.
HISTORY: 1962 Code Section 32-631; 1952 Code Section 32-631; 1948 (45) 1934; 2011 Act No. 53, Section 1, eff June 14, 2011.
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