                                 CODE OF VIRGINIA

INVESTIGATIONS OF VERIFIED REPORTS OR MEDICAL EVIDENCE; COUNSELING; OUTPATIENT
AND EMERGENCY TREATMENT ORDERS; CUSTODY UPON EMERGENCY ORDER; APPLICATION OF
ARTICLE (§ 32.1-48.02)

A. 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.

B. 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.

C. 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.

D. 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:

   1. 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;

   2. The person has a documented history of failure to adhere to a prescribed
   course of treatment; or

   3. Documentation exists that the person has indicated that he will not comply
   with the prescribed treatment.
   				If 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 &#xA7; 32.1-48.03.

E. 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.

F. 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.

HISTORY: 1990, c. 958; 1993, c. 705; 2001, c. 837; 2004, cc. 773, 1021.