{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-48.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-48.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-48.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-48.02.html"}],"law_id":61048,"edition_id":1,"section_id":61048,"structure_id":15825,"section_number":"32.1-48.02","catch_line":"Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatment orders; custody upon emergency order; application of article","history":"1990, c. 958; 1993, c. 705; 2001, c. 837; 2004, cc. 773, 1021.","full_text":"A\n\nUpon receiving at least two verified reports or upon receiving medical evidence that any person who is reputed to know that he is infected with a communicable disease of public health significance is engaging in at-risk behavior, the Commissioner or his designee may conduct an investigation through an examination of the records of the Department and other medical records to determine the disease status of the individual and that there is cause to believe he is engaging in at-risk behavior.B\n\nIf the investigation indicates that the person has a communicable disease of public health significance caused by a non-airborne microorganism and that there is cause to believe he is engaging in at-risk behavior, the Commissioner or his designee may issue an order for such person to report to the local or district health department in the jurisdiction in which he resides to receive counseling on the etiology, effects and prevention of the specific disease of public health significance. The person conducting the counseling shall prepare and submit a report to the Commissioner or his designee on the counseling session or sessions in which he shall document that the person so counseled has been informed about the acts that constitute at-risk behavior, appropriate precautions, and the need to use appropriate precautions. The counselor shall also report any statements indicating the intentions or understanding of the person so counseled.C\n\nIf the investigation, described in subsection A, indicates that the person has a communicable disease of public health significance caused by an airborne microorganism, such as tubercle bacillus, that causes serious disease and can result in death and that the person has refused or failed to adhere to a prescribed course of treatment and, despite counseling, is engaging in conduct that places uninfected persons at risk of contracting such airborne communicable disease of public health significance, the Commissioner or his designee may issue an outpatient treatment order for such person to report to the local or district health department in the jurisdiction in which he resides to receive appropriate outpatient treatment and education concerning his disease.D\n\nIf the investigation, described in subsection A, indicates that the person has a communicable disease of public health significance caused by an airborne microorganism, such as tubercle bacillus, which causes serious disease and can result in death and, despite documented and appropriate counseling, is engaging in conduct that unreasonably places uninfected persons at risk of contracting such airborne communicable disease of public health significance, such as tuberculosis, and medical data demonstrate that he poses an imminent threat to the health of others, the Commissioner may issue an emergency order requiring such person to be taken immediately into custody and placed, for a period, not to exceed 48 hours, in the least restrictive, willing facility providing protection of the health of others and appropriate treatment to the person upon finding that at least one of the following conditions is met:1\n\nThe person has refused or failed to report to the local health department after having been ordered to do so pursuant to subsection C, for appropriate outpatient treatment and education concerning his disease;2\n\nThe person has a documented history of failure to adhere to a prescribed course of treatment; or3\n\nDocumentation exists that the person has indicated that he will not comply with the prescribed treatment.\n\t\t\t\tIf the specified 48-hour period terminates on a Saturday, Sunday or legal holiday, such person may be detained until the next day which is not a Saturday, Sunday, or legal holiday. During this period, the Commissioner shall proceed in accordance with § 32.1-48.03.E\n\nIn order to implement an emergency order issued pursuant to subsection D of this section, all state and local law-enforcement officers are authorized to take custody of the subject of such emergency order immediately upon issuance of the emergency order by the Commissioner.F\n\nThe provisions of this article shall only apply to communicable diseases of public health significance and shall not apply to communicable diseases of public health threat.","order_by":null,"text":{"0":{"id":223223,"text":"Upon receiving at least two verified reports or upon receiving medical evidence that any person who is reputed to know that he is infected with a communicable disease of public health significance is engaging in at-risk behavior, the Commissioner or his designee may conduct an investigation through an examination of the records of the Department and other medical records to determine the disease status of the individual and that there is cause to believe he is engaging in at-risk behavior.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223224,"text":"If the investigation indicates that the person has a communicable disease of public health significance caused by a non-airborne microorganism and that there is cause to believe he is engaging in at-risk behavior, the Commissioner or his designee may issue an order for such person to report to the local or district health department in the jurisdiction in which he resides to receive counseling on the etiology, effects and prevention of the specific disease of public health significance. The person conducting the counseling shall prepare and submit a report to the Commissioner or his designee on the counseling session or sessions in which he shall document that the person so counseled has been informed about the acts that constitute at-risk behavior, appropriate precautions, and the need to use appropriate precautions. The counselor shall also report any statements indicating the intentions or understanding of the person so counseled.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":223225,"text":"If the investigation, described in subsection A, indicates that the person has a communicable disease of public health significance caused by an airborne microorganism, such as tubercle bacillus, that causes serious disease and can result in death and that the person has refused or failed to adhere to a prescribed course of treatment and, despite counseling, is engaging in conduct that places uninfected persons at risk of contracting such airborne communicable disease of public health significance, the Commissioner or his designee may issue an outpatient treatment order for such person to report to the local or district health department in the jurisdiction in which he resides to receive appropriate outpatient treatment and education concerning his disease.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":223226,"text":"If the investigation, described in subsection A, indicates that the person has a communicable disease of public health significance caused by an airborne microorganism, such as tubercle bacillus, which causes serious disease and can result in death and, despite documented and appropriate counseling, is engaging in conduct that unreasonably places uninfected persons at risk of contracting such airborne communicable disease of public health significance, such as tuberculosis, and medical data demonstrate that he poses an imminent threat to the health of others, the Commissioner may issue an emergency order requiring such person to be taken immediately into custody and placed, for a period, not to exceed 48 hours, in the least restrictive, willing facility providing protection of the health of others and appropriate treatment to the person upon finding that at least one of the following conditions is met:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":223227,"text":"The person has refused or failed to report to the local health department after having been ordered to do so pursuant to subsection C, for appropriate outpatient treatment and education concerning his disease;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":223228,"text":"The person has a documented history of failure to adhere to a prescribed course of treatment; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":223229,"text":"Documentation exists that the person has indicated that he will not comply with the prescribed treatment.\n\t\t\t\tIf the specified 48-hour period terminates on a Saturday, Sunday or legal holiday, such person may be detained until the next day which is not a Saturday, Sunday, or legal holiday. During this period, the Commissioner shall proceed in accordance with § 32.1-48.03.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":223230,"text":"In order to implement an emergency order issued pursuant to subsection D of this section, all state and local law-enforcement officers are authorized to take custody of the subject of such emergency order immediately upon issuance of the emergency order by the Commissioner.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"8":{"id":223231,"text":"The provisions of this article shall only apply to communicable diseases of public health significance and shall not apply to communicable diseases of public health threat.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15825,"edition_id":1,"name":"Isolation of Certain Persons With Communicable Diseases of Public Health Significance","identifier":"3.01","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 04:00:10","date_modified":"2026-06-26 04:00:10","permalink":{"id":202029,"object_type":"structure","relational_id":15825,"identifier":"3.01","token":"32.1\/2\/3.01","url":"\/32.1\/2\/3.01\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73733,"structure_id":15825,"section_number":"32.1-48.01","catch_line":"Definitions","url":"\/32.1-48.01\/","token":"32.1\/2\/3.01\/32.1-48.01","metadata":false},{"id":61048,"structure_id":15825,"section_number":"32.1-48.02","catch_line":"Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatment orders; custody upon emergency order; application of article","url":"\/32.1-48.02\/","token":"32.1\/2\/3.01\/32.1-48.02","metadata":false},{"id":71869,"structure_id":15825,"section_number":"32.1-48.03","catch_line":"Petition for hearing; temporary detention","url":"\/32.1-48.03\/","token":"32.1\/2\/3.01\/32.1-48.03","metadata":false},{"id":76381,"structure_id":15825,"section_number":"32.1-48.04","catch_line":"Isolation hearing; conditions; order for isolation; right to appeal","url":"\/32.1-48.04\/","token":"32.1\/2\/3.01\/32.1-48.04","metadata":false}],"previous_section":{"id":73733,"structure_id":15825,"section_number":"32.1-48.01","catch_line":"Definitions","url":"\/32.1-48.01\/","token":"32.1\/2\/3.01\/32.1-48.01","metadata":false},"next_section":{"id":71869,"structure_id":15825,"section_number":"32.1-48.03","catch_line":"Petition for hearing; temporary detention","url":"\/32.1-48.03\/","token":"32.1\/2\/3.01\/32.1-48.03","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-48.02\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 958 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 705; in 2001, chapter 837<\/a>; in 2004, chapters 773<\/a> and 1021<\/a>.<\/p>","references":[{"id":74490,"section_number":"15.2-1704","catch_line":"Powers and duties of police force","order_by":null,"url":"\/15.2-1704\/"},{"id":71869,"section_number":"32.1-48.03","catch_line":"Petition for hearing; temporary detention","order_by":null,"url":"\/32.1-48.03\/"},{"id":59369,"section_number":"32.1-50.1","catch_line":"Treatment plan; submission of plan and mediation of disagreements; determination of cure","order_by":null,"url":"\/32.1-50.1\/"}],"refers_to":false,"permalink":{"id":202035,"object_type":"law","relational_id":61048,"identifier":"32.1-48.02","token":"32.1\/2\/3.01\/32.1-48.02","url":"\/32.1-48.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-48.02\/","token":"32.1\/2\/3.01\/32.1-48.02","dublin_core":{"Title":"Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatment orders; custody upon emergency order; application of article","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-48.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon receiving at least two verified reports or upon receiving medical evidence<\/span> that any person<\/span> who is reputed to know that he is infected with a communicable disease of public health significance<\/span> is engaging in at-risk behavior<\/span>, the Commissioner<\/span> or his designee may conduct an investigation through an examination of the records of the Department<\/span> and other medical records to determine the disease status of the individual and that there is cause to believe he is engaging in at-risk behavior<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the investigation indicates that the person<\/span> has a communicable disease of public health significance<\/span> caused by a non-airborne microorganism and that there is cause to believe he is engaging in at-risk behavior<\/span>, the Commissioner<\/span> or his designee may issue<\/span> an order<\/span> for such person<\/span> to report to the local or district health department<\/span> in the jurisdiction<\/span> in which he resides to receive counseling on the etiology, effects and prevention of the specific disease of public health significance. The person<\/span> conducting the counseling shall prepare and submit a report to the Commissioner<\/span> or his designee on the counseling session or sessions in which he shall document that the person<\/span> so counseled has been informed about the acts that constitute at-risk behavior<\/span>, appropriate precautions<\/span>, and the need to use appropriate precautions<\/span>. The counselor shall also report any statements indicating the intentions or understanding of the person<\/span> so counseled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the investigation, described in subsection A, indicates that the person<\/span> has a communicable disease of public health significance<\/span> caused by an airborne microorganism, such as tubercle bacillus, that causes serious disease and can result in death and that the person<\/span> has refused or failed to adhere to a prescribed course of treatment and, despite counseling, is engaging in conduct that places uninfected persons<\/span> at risk of contracting such airborne communicable disease of public health significance<\/span>, the Commissioner<\/span> or his designee may issue<\/span> an outpatient treatment order<\/span> for such person<\/span> to report to the local or district health department<\/span> in the jurisdiction<\/span> in which he resides to receive appropriate outpatient treatment and education concerning his disease. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the investigation, described in subsection A, indicates that the person<\/span> has a communicable disease of public health significance<\/span> caused by an airborne microorganism, such as tubercle bacillus, which causes serious disease and can result in death and, despite documented and appropriate counseling, is engaging in conduct that unreasonably places uninfected persons<\/span> at risk of contracting such airborne communicable disease of public health significance<\/span>, such as tuberculosis, and medical data demonstrate that he poses an imminent threat to the health of others, the Commissioner<\/span> may issue<\/span> an emergency order<\/span> requiring such person<\/span> to be taken immediately into custody<\/span> and placed, for a period, not to exceed 48 hours, in the least restrictive, willing facility providing protection of the health of others and appropriate treatment to the person<\/span> upon finding<\/span> that at least one of the following conditions is met: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person<\/span> has refused or failed to report to the local health department<\/span> after having been ordered to do so pursuant to subsection C, for appropriate outpatient treatment and education concerning his disease; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person<\/span> has a documented history of failure to adhere to a prescribed course of treatment; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Documentation exists that the person<\/span> has indicated that he will not comply with the prescribed treatment.\n\t\t\t\tIf the specified 48-hour period terminates on a Saturday, Sunday or legal holiday, such person<\/span> may be detained until the next day which is not a Saturday, Sunday, or legal holiday. During this period, the Commissioner<\/span> shall proceed in accordance with § 32.1-48.03<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In order<\/span> to implement an emergency order<\/span> issued pursuant to subsection D of this section, all state and local law<\/span>-enforcement officers are authorized to take custody<\/span> of the subject of such emergency order<\/span> immediately upon issuance of the emergency order<\/span> by the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of this article shall only apply to communicable diseases of public health significance and shall not apply to communicable diseases of public health threat. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVESTIGATIONS OF VERIFIED REPORTS OR MEDICAL EVIDENCE; COUNSELING; OUTPATIENT\nAND EMERGENCY TREATMENT ORDERS; CUSTODY UPON EMERGENCY ORDER; APPLICATION OF\nARTICLE (\u00a7 32.1-48.02)\n\nA. Upon receiving at least two verified reports or upon receiving medical\nevidence that any person who is reputed to know that he is infected with a\ncommunicable disease of public health significance is engaging in at-risk\nbehavior, the Commissioner or his designee may conduct an investigation through\nan examination of the records of the Department and other medical records to\ndetermine the disease status of the individual and that there is cause to\nbelieve he is engaging in at-risk behavior.\n\nB. If the investigation indicates that the person has a communicable disease of\npublic health significance caused by a non-airborne microorganism and that there\nis cause to believe he is engaging in at-risk behavior, the Commissioner or his\ndesignee may issue an order for such person to report to the local or district\nhealth department in the jurisdiction in which he resides to receive counseling\non the etiology, effects and prevention of the specific disease of public health\nsignificance. The person conducting the counseling shall prepare and submit a\nreport to the Commissioner or his designee on the counseling session or sessions\nin which he shall document that the person so counseled has been informed about\nthe acts that constitute at-risk behavior, appropriate precautions, and the need\nto use appropriate precautions. The counselor shall also report any statements\nindicating the intentions or understanding of the person so counseled.\n\nC. If the investigation, described in subsection A, indicates that the person\nhas a communicable disease of public health significance caused by an airborne\nmicroorganism, such as tubercle bacillus, that causes serious disease and can\nresult in death and that the person has refused or failed to adhere to a\nprescribed course of treatment and, despite counseling, is engaging in conduct\nthat places uninfected persons at risk of contracting such airborne communicable\ndisease of public health significance, the Commissioner or his designee may\nissue an outpatient treatment order for such person to report to the local or\ndistrict health department in the jurisdiction in which he resides to receive\nappropriate outpatient treatment and education concerning his disease.\n\nD. If the investigation, described in subsection A, indicates that the person\nhas a communicable disease of public health significance caused by an airborne\nmicroorganism, such as tubercle bacillus, which causes serious disease and can\nresult in death and, despite documented and appropriate counseling, is engaging\nin conduct that unreasonably places uninfected persons at risk of contracting\nsuch airborne communicable disease of public health significance, such as\ntuberculosis, and medical data demonstrate that he poses an imminent threat to\nthe health of others, the Commissioner may issue an emergency order requiring\nsuch person to be taken immediately into custody and placed, for a period, not\nto exceed 48 hours, in the least restrictive, willing facility providing\nprotection of the health of others and appropriate treatment to the person upon\nfinding that at least one of the following conditions is met:\n\n 1. The person has refused or failed to report to the local health department\n after having been ordered to do so pursuant to subsection C, for appropriate\n outpatient treatment and education concerning his disease;\n\n 2. The person has a documented history of failure to adhere to a prescribed\n course of treatment; or\n\n 3. Documentation exists that the person has indicated that he will not comply\n with the prescribed treatment.\n \t\t\t\tIf the specified 48-hour period terminates on a Saturday, Sunday or legal\n holiday, such person may be detained until the next day which is not a\n Saturday, Sunday, or legal holiday. During this period, the Commissioner shall\n proceed in accordance with § 32.1-48.03.\n\nE. In order to implement an emergency order issued pursuant to subsection D of\nthis section, all state and local law-enforcement officers are authorized to\ntake custody of the subject of such emergency order immediately upon issuance of\nthe emergency order by the Commissioner.\n\nF. The provisions of this article shall only apply to communicable diseases of\npublic health significance and shall not apply to communicable diseases of\npublic health threat.\n\nHISTORY: 1990, c. 958; 1993, c. 705; 2001, c. 837; 2004, cc. 773, 1021.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}